1. Terms and Conditions of Use

Professional Risk Management Services
1401 Wilson Boulevard, Suite 700
Arlington, VA 22209

This page sets forth the terms and conditions under which Professional Risk Management Services (“PRMS”) provides the information on the PRMS Websites https://www.prms.com and any other PRMS Websites, mobile apps or other online products and services that display or link to https://www.prms.com (collectively the “PRMS Websites”), as well as the terms and conditions governing your use of the PRMS Websites (collectively, the “Terms and Conditions”). Please be sure to read these Terms and Conditions carefully before accessing or making use of the PRMS Websites. Please be advised that by accessing and making use of the PRMS Websites, you are acknowledging your understanding of these Terms and Conditions and agree to be bound by them. These Terms and Conditions are subject to change and revision at any time, without notice, and at PRMS’s sole discretion. Thus, please be sure to visit this page before accessing the PRMS Websites. PRMS may also make improvements and/or changes in the products, services and/or programs described on the PRMS Websites at any time without notice. Your continued access or use of this site shall be deemed your acceptance of any changes and the reasonableness of these standards for notice of changes. If you do not wish to accept these Terms and Conditions, please do not continue to use or access the PRMS Websites.

We reserve the right to withdraw or amend the PRMS Websites, and any service or material we provide on the PRMS Websites, in our sole discretion and without notice. We will not be liable if, for any reason, all or any part of the PRMS Websites are unavailable at any time or for any period. From time to time, we may restrict access to some parts of one of the PRMS Websites, or the entire Website, to users.

To access any of the PRMS Websites or some of the resources they offer, you may be asked to provide certain information. It is a condition of your use of the PRMS Websites that all the information you provide on the PRMS Websites is correct, current, and complete. You agree that all information you provide to this PRMS Websites or otherwise, including but not limited to through the use of any interactive features on the PRMS Websites, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

If you choose, or are provided with, a user name, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to the PRMS Websites or portions of them using your user name, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

We have the right to disable any user name, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.

2. Disclaimer

YOU AGREE THAT YOUR USE OF THE PRMS WEBSITES (OR ANY WEBSITES LINKED TO OR FROM THIS SITE) AND ITS CONTENTS IS AT YOUR SOLE RISK.  THE MATERIALS ON THE PRMS WEBSITES ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESSED OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, PRMS DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. PRMS DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIALS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE PRMS WEBSITES OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES, WORMS, TROJAN HORSES , MALICIOUS CODES, INFORMATION STEALING TECHNOLOGY OR OTHER CODE THAT HAS CONTAMINATING OR DESTRUCTIVE PROPERTIES OR OTHER HARMFUL COMPONENTS, OR THAT THEY WILL BE COMPATIBLE WITH YOUR COMPUTER, THAT DEFECTS WILL BE CORRECTED, OR THAT THE PRMS WEBSITES OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. PRMS DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS ON THE PRMS WEBSITES, OR ANY HYPERLINKED WEBSITES IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.   TO THE FULLEST EXTENT PROVIDED BY LAW, PRMS WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE PRMS WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE PRMS WEBSITES OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON THEM, OR ON ANY WEBSITES LINKED TO IT.  PRMS DOES NOT WARRANT THAT THE INSURANCE YOU PURCHASE ON THE PRMS WEBSITES WILL BE ADEQUATE OR COVER YOUR LOSSES, OR THAT YOU WILL ACHIEVE SUCCESSFUL RESULTS FROM FOLLOWING ANY INSTRUCTIONS, DIRECTIONS OR RECOMMENDATIONS ON THE PRMS WEBSITES. YOU (AND NOT PRMS) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. THE INFORMATION AND DESCRIPTIONS CONTAINED HEREIN ARE NOT INTENDED TO BE COMPLETE DESCRIPTIONS OF ALL TERMS, EXCLUSIONS AND CONDITIONS APPLICABLE TO THE PRODUCTS AND SERVICES, BUT ARE PROVIDED SOLELY FOR GENERAL INFORMATIONAL PURPOSES.  THE INFORMATION PRESENTED ON THIS PRMS WEBSITES SHOULD NOT BE CONSTRUED AS LEGAL, TAX, BUSINESS, FINANCIAL, INSURANCE OR ACCOUNTING ADVICE.

3. Limitation Of Liability

UNDER NO CIRCUMSTANCES SHALL PRMS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, WHETHER  TO YOU OR FOR DAMAGE TO YOUR TECHNOLOGY EQUIPMENT OR INFORMATION RESOURCES THAT RESULTS FROM YOUR ACCESS TO, USE OF, OR BROWSING ON THE WEB SITE OR ANY LINKED SITE OR YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO, OR AUDIO OR OBTAINING PRODUCTS OR SERVICES DESCRIBED ON THE PRMS WEBSITES, EVEN IF PRMS, THEIR CONTENT PROVIDERS  OR A PRMS AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE LIMITATIONS CONTAINED IN THESE TERMS AND CONDITIONS WILL APPLY REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT OR STRICT LIABILITY, AND REGARDLESS OF THE NATURE OR NUMBER OF CLAIMS OR ACTIONS. IN NO EVENT WILL PRMS, ITS SERVICE PROVIDERS OR CONTENT PROVIDERS’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS WEBSITE.

YOU HEREBY WAIVE ANY AND ALL SUCH CLAIMS AGAINST PRMS,  THEIR SERVICE PROVIDERS OR CONTENT PROVIDERS. YOU AGREE THAT THE LIMITATIONS SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THIS AGREEMENT AND THAT THE SITE AND ITS MATERIALS, INFORMATION OR CONTENT WOULD NOT BE PROVIDED TO YOU ABSENT SUCH LIMITATIONS.  BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, OUR LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. UNDER NO CIRCUMSTANCES, SHALL PRMS’ LIABILITY TO YOU EXCEED THE TOTAL AMOUNT OF PREMIUMS YOU HAVE PAID TO PRMS OR ITS ISSUING CARRIER, FAIR AMERICAN INSURANCE AND REINSURANCE COMPANY (“FAIRCO”), OR ANY OF ITS AFFILIATES.

4. Ownership of Information

Any information, other than personal data or information, you transmit to PRMS via this web site, by electronic mail or otherwise, including data, questions, comments, or suggestions will be treated as non-confidential and non-proprietary and will become the property of PRMS. Such information, other than personal data, may be used for any purpose, including, but not limited to, reproduction, solicitations, disclosure, transmission, publication, broadcast, and posting. PRMS is free to use any ideas, concepts, ‘know-how’, or techniques contained in any communication you send to PRMS via this web site or by any other means for any purpose whatsoever, including, but not limited to, developing and marketing products or services using such information.

5. Indemnification

You agree to defend, indemnify, and hold PRMS, and its employees, contractors, officers and directors harmless from all liability, claims and expenses, including attorney’s fees, that arise from your use or misuse of the PRMS Websites or the content therein and/or for any claims against PRMS arising from content, materials or information you provide to PRMS or its affiliated organizations. We reserve the right, at our own expenses, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.

6. Trademarks and Copyrights

All trademarks, services marks, trade names, logos, and icons are proprietary to PRMS or its affiliates. Nothing contained on the PRMS Websites should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark displayed on the PRMS Websites without the written permission of PRMS or such third party that may own the trademarks displayed on the PRMS Websites. Your use of the trademarks displayed on the PRMS Websites, or any other content on the PRMS Websites, except as provided herein, is strictly prohibited. You may not distribute, modify, transmit, reuse, repost, or use the content of this web site for any purpose without PRMS’ written permission in their sole discretion.  If permission is granted you must retain all trademark, service mark, copyright or other proprietary notices . Any unauthorized use of images may violate copyright, trademark, privacy, publicity laws, or the other laws.  All information contained within the PRMS Websites is copyrighted and all rights are reserved.

7. Restrictions On The Use Of This PRMS Websites

Except as otherwise expressly permitted by PRMS, no materials from this website or any other PRMS Websites owned, operated, licensed or controlled by PRMS may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way. You may not distribute, modify, transmit, reuse, repost, or use the content of this website for any purposes, including the text, images, audio, and video without PRMS’ written permission. You may not post on or transmit through this website any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, racially, ethnically, or otherwise objectionable material of any kind, including any material that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate applicable laws. PRMS neither warrants nor represents that your use of materials displayed on this website will not infringe the rights of third parties.

You may use the PRMS Websites only for lawful purposes and in accordance with these Terms and Conditions of Use. You agree not to use the PRMS Websites: 

  • In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
  • For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
  • To impersonate or attempt to impersonate PRMS, a PRMS employee, another user, or any other person or entity (including, without limitation, by using email addresses associated with any of the foregoing).
  • To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the PRMS Websites, or which, as determined by us, may harm PRMS or users of the PRMS Websites or expose them to liability.

  Additionally, you agree not to:

  • Use the PRMS Websites in any manner that could disable, overburden, damage, or impair the PRMS Websites or interfere with any other party’s use of the PRMS Websites, including their ability to engage in real time activities through the PRMS Websites.
  • Use any robot, spider, or other automatic device, process, or means to access the PRMS Websites for any purpose, including monitoring or copying any of the material on the PRMS Websites.
  • Use any manual process to monitor or copy any of the material on the PRMS Websites or for any other unauthorized purpose without our prior written consent.
  • Use any device, software, or routine that interferes with the proper working of the PRMS Websites.
  • Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
  • Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the PRMS Websites, the server on which any of the PRMS Websites is stored, or any server, computer, or database connected to the PRMS Websites.
  • Attack the PRMS Websites via a denial-of-service attack or a distributed denial-of-service attack.
  • Otherwise attempt to interfere with the proper working of the PRMS Websites.

The permission to use this web site automatically terminates if you fail to comply with any provision of these Terms & Conditions of Use or our Privacy Policy. Further, PRMS reserves the right to prevent you from accessing this web site or the content for any or no reason, including, without limitation, your failure to comply with any provision of these Terms & Conditions of Use or our Privacy Policy.

PRMS reserves the right to alter or discontinue any of the PRMS Websites or any of its features or contents in any way, at any time, for any or no reason, without prior notification.

8. The Digital Millennium Copyright Act

PRMS reserves the right, but not the obligation, to terminate your access to the PRMS Websites if it determines in its sole and absolute discretion that you are involved in infringing activity, including alleged acts of first-time or repeat infringement, regardless of whether the material or activity is ultimately determined to be infringing. PRMS, its affiliates and vendors accommodate and do not interfere with standard technical measures used by copyright owners to protect materials. PRMS has implemented procedures for receiving written notification of claimed infringements and for processing such claims in accordance with the Act.

Any written notice regarding any infringement of copyright or of other proprietary rights, should be sent to our designated agent, and must include the following information:

A. A physical or electronic signature of a person authorized to act on behalf of (i) the owner of an exclusive right that is allegedly infringed and/or (ii) the person defamed;

B. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;

C. Identification of the material that is claimed to be infringing, or to be the subject of infringing activity, including information reasonably sufficient to permit us to locate the material;

D. Information reasonably sufficient to permit us to contact you, such as your address, telephone number, and/or electronic mail address; and

E. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright or other proprietary right owner, its agent, or the law.

9. Hypertext Links

SOLELY FOR YOUR INFORMATION, THE PRMS WEBSITES MAY CONTAIN LINKS TO OR FROM SITES WHICH ARE NOT MAINTAINED OR CONTROLLED BY PRMS.  WE PROVIDE YOU LINKS TO OTHER SITES AS A FREE SERVICE. BECAUSE THOSE OTHER SITES ARE NOT UNDER OUR CONTROL, WE CANNOT GUARANTEE THE QUALITY, ACCURACY, OR TIMELINESS OF THOSE SITES, OR THAT THOSE SITES ARE FREE FROM VIRUSES, WORMS, TROJAN HORSES, MALICIOUS CODES AND OTHER ITEMS OF A DESTRUCTIVE NATURE.  THE INCLUSION OF ANY LINK TO OR FROM SUCH PRMS WEBSITES DOES NOT IMPLY APPROVAL OF OR ENDORSEMENT BY PRMS OF THE WEBSITES OR THE CONTENT THEREOF. PRMS DOES NOT OWN, OPERATE, CONTROL OR REVIEW THE INFORMATION, PRODUCTS, SERVICES, CONTENT OR OPERATION OF LINKED SITES NOR DOES THE PRESENCE OF ANY LINK IMPLY AN ENDORSEMENT OR ASSOCIATION OF SUCH NON-PRMS SITES OR THE COMPANIES OR ORGANIZATIONS THAT OPERATE SUCH SITES. PRMS IS NOT RESPONSIBLE FOR, ACCEPTS NO LIABILITY FOR, AND DOES NOT MAKE ANY REPRESENTATION OR WARRANTY REGARDING THE COMPLETENESS, ACCURACY, RELIABILITY, USEFULNESS, AVAILABILITY, QUALITY, TITLE, OR OWNERSHIP  OF SUCH SITES OR THEIR PRODUCTS OR SERVICES OR THE SECURITY OF SUCH SITES OR OF THE RESULTS TO BE OBTAINED FROM YOUR USE OF SUCH SITES OR THEIR PRODUCTS OR SERVICES. PRMS HAS NO KNOWLEDGE OF AND IS NOT RESPONSIBLE FOR THE LINKED SITES DATA COLLECTION, PRIVACY OR SECURITY PRACTICES OR FOR ANY TRANSMISSION TO OF FROM THE LINKED SITES, OR OTHER INFORMATION YOU PROVIDE ON SUCH SITE.   PRMS HEREBY DISCLAIMS ALL LIABILITY REGARDING YOUR USE OF ANY LINKED SITE, AS WELL AS ANY LINK IN A LINKED SITE. IF YOU ACCESS SUCH LINKED SITES YOU DO SO ENTIRELY AT YOUR OWN RISK.

WE ENCOURAGE YOU TO CAREFULLY REVIEW THE TERMS & CONDITIONS AND PRIVACY POLICY OF EVERY WEBSITE YOU VISIT AND ANY QUESTIONS SHOULD BE DIRECTED TO THE OWNER OF THE SITE.

10. Products and Services

Please note that none of the information contained in the PRMS Websites should be viewed as an offer to any prospective producer, agent or insured to sell or as a solicitation to purchase any of our products or services. Rather, the information on our products and services is provided to you so that you can learn what products and services PRMS generally offers.  The PRMS Websites contain information about coverage and insurance products and provides a mechanism to purchase insurance policies. Coverage and product statements displayed on the PRMS Websites are for general description purposes only. The PRMS Websites do not amend, modify or supplement the policies in any way whatsoever. The information and descriptions contained herein are not intended to be complete descriptions of all terms, conditions and exclusions applicable to the products and services, but are provided solely for general informational purposes, nor are they intended to be relied upon by potential insureds or third-parties. PRMS cannot guarantee that every product or service mentioned on the PRMS Websites will be available for purchase at any given time or that you will qualify to purchase such a policy. Further, PRMS reserves the right to cease providing certain products and services without modifying any information on the PRMS Websites.  All products and services are written or provided by subsidiaries or affiliates of PRMS or FAIRCO. Coverages may not be available in all jurisdictions and may be available only through appropriately licensed brokers.

11. Online Payment

The PRMS Websites also may be equipped to allow you to pay for premiums and other charges due to PRMS online. You understand that payment through the PRMS Websites is processed by third party providers and PRMS is not responsible for functionality of that third-party service and that payments made online are credited to your account when received by PRMS. PRMS specifically disclaims any liability for processing payments online.

12. Receipt of Electronic Documents

PRMS may provide copies of insurance policies, notices, endorsements, bills and related documents to insureds, agents, brokers and other producers via electronic mail (e.g. PDF attached to an e-mail) and such agents, brokers and other producers consent to the receipt of these documents by electronic mail in accordance with state law, unless they have informed PRMS, in writing, of their desire to not receive documents in this manner. Any election to not receive documents in electronic format shall be directed to clientservices@prms.com. Notwithstanding anything contained herein, agents, brokers and other producers receiving documents by electronic mail agree to deliver such documents to the applicable insureds in a manner and format permitted under any applicable law.

13. Producer Authority

To the extent that you are utilizing the PRMS Websites on behalf of and/or in connection with the representation of any insured, or potential insured, you represent and warrant that:

A. You have been granted the authority by any necessary party to provide the information supplied by you to PRMS through the PRMS Websites;

B. You agree, on behalf of any party you represent, to the terms and conditions applicable to the use of the PRMS Websites; and

C. Any information you provide to PRMS is true and correct to the best of your knowledge, information and belief.

14. International Use

By choosing to access the PRMS Websites from any location other than the United States, you accept full responsibility of compliance with all local laws that are applicable. PRMS makes no representation that materials on the PRMS Websites are appropriate or available for use in locations outside the United States, and accessing the PRMS Websites from territories where the contents are illegal is prohibited.

15. Professional Advice

The information provided on the PRMS Websites is distributed with the understanding that PRMS is not providing professional advice of any type. If you have a question requiring professional advice, such a question relating to law, tax or financial planning, please seek the advice of a qualified professional in the relevant field.

16. Minors and Child Online Privacy Protection Act

The PRMS Websites do not direct content to Minors and do not intend to collect personal information from Minors and therefore is not subject to the Child Online Privacy Protection Act. If you allow your Minor child, or a child for whom you are legal guardian (a "Minor"), to access the PRMS Websites, you agree that you will be solely responsible for: (i) the online conduct of such Minor; ii) monitoring such Minor's access to and use of the PRMS Websites and the consequences of any use.

17. Unauthorized Use and Termination

You agree to use the PRMS Websites only for authorized and legal activities. PRMS reserves the right, in its sole discretion, to terminate your access to all or part of the PRMS Websites, with or without notice and for any reason whatsoever.

18. Enforceability of These Provisions

Should any of these Terms and Conditions be held invalid, that invalid provision shall be construed to be consistent with the applicable law, and in a manner so as to remain consistent with the original intent of PRMS. Provisions not otherwise held invalid shall remain in force. Use of the PRMS Websites and any transactions with PRMS through the PRMS Websites shall be governed by the laws of the State of Virginia without giving effect to principles of conflicts of laws. This PRMS Websites is not intended for use in any jurisdiction whether the distribution of its content or functionality is contrary to law, nor does it apply to any person in a jurisdiction where distribution of the particular materials is prohibited without licensure or regulatory approval.  You agree any legal action or proceeding between you and PRMS arising out of the PRMS Websites will be brought exclusively in a federal or state court of competent jurisdiction sitting in Virginia.  If any provision of these Terms & Conditions of Use is held invalid or unenforceable by a court of competent jurisdiction, that provision will be enforced to the maximum extent possible and the other provisions will remain enforceable and in full effect. No failure or delay in enforcing any right shall be a waiver of that or any other right

 Copyright © 2020 Professional Risk Management Services, Inc.  All rights Reserved.

32648130.3 04/6/2020