BUILDERS MUTUAL INSURANCE COMPANY ELECTRONIC CONSENT,
NOTICE AND USER AGREEMENT (“Agreement”)
BUILDERS ONLINE BUSINESS
- Electronic Signature Agreement. By selecting the “Accept” button, you are signing this Agreement electronically. You agree that your electronic signature is the legal equivalent of your manual signature on an Agreement. By selecting “Accept”, you consent to be legally bound by the terms and conditions of this Agreement. You agree and understand that BMIC may take action based on the instructions provided under your logon credentials.
- Intellectual Property. It is agreed and understood that all information, documentation computer programs, enhancements and website materials are the sole property of BMIC.
- Secure Access. It is agreed and understood that certain portions of the BMIC website is restricted to BMIC policyholders and require log-on credentials for access. Unauthorized use of the BMIC website is prohibited and could result in civil penalties and criminal prosecution. Only you and your designated representatives may access BOB on your behalf. You and your representatives are responsible to maintain the security and confidentiality of your log-on credentials. Do not share your log-on credentials. If you suspect that your log-on credentials have been compromised, change them immediately and contact the Customer Contact Center at 1-800-809-4859.
- Application of Agreement. This Agreement applies to all eligible accounts issued by the BMIC and associated with you and your business.
- Warranty and Representation. You warrant and represent where you provide information belonging to a third party, you have obtained the necessary consents and authority in order to use such information. Your use of BOB shall not violate any applicable local, state or federal law. You also agree that no certification authority or other third party verification is necessary to validate your E-Signature and that the lack of such certification or third party verification will not in any way affect the enforceability of your E-Signature or any resulting contract between you and the BMIC. You also represent that you are authorized to enter into this Agreement for all persons who own or are authorized to access any of your policy information and that such persons will be bound by the terms of this Agreement. You further agree that each use of your E-Signature in using or obtaining BMIC online services constitutes your agreement to be bound by the terms and conditions of the BMIC disclosures and agreements as they exist on the date of your E-Signature.
- Update your Records. It is your responsibility to provide us with true, accurate and complete email address, contact and other information. You are required to maintain and update this information in your profile settings. A current valid email address is required in order for you to access BOB. You agree to inform BMIC of any changes in your email address by updating your profile in BOB or by calling the Customer Contact Center at 1-800-809-4859. You agree that BMIC will not be liable for any unauthorized access to your personal information except as a direct result of gross negligence or intention misconduct by BMIC.
- Disclaimer of Liability. The content and materials provided pursuant to this site and Agreement are provided “as is” and without representations or warranties of any kind, either expressed or implied. BMIC expressly disclaims all warranties, express or implied, with respect to this site including, but not limited to, implied warranties or merchantability, fitness for a particular purpose and non-infringement. BMIC does not warrant or represent that the functions or operation of this site will be uninterrupted or error-free, that defects will be corrected, or that this site, its servers or any email sent from the BMIC are free of viruses or other harmful components. BMIC shall not be liable for any injury, loss, claim or damage, nor any indirect, special, incidental or consequential damages of any kind, whether based in contract, tort, strict liability or otherwise, which arises out of (a) the use of, or inability to use, this site or content found in this site, or (b) unless resulting from the gross negligence or intentional misconduct of BMIC, the unauthorized access to or alteration of your transmissions or data, even if BMIC has been advised of the possibility of such damages.
- Federal Law. You acknowledge and agree that your consent to Electronic Communications is being provided in connection with a transaction affecting interstate commerce that is subject to the federal Electronic Signatures in Global and National Commerce Act (the “Act”) and that you and BMIC intend that the Act apply, to the extent applicable, to validate BMIC electronic business. Notwithstanding the foregoing, by selecting the “Accept” button, you acknowledge that your relationship with BMIC is commercial in nature and that any provisions of the Act related to consumer transactions, as consumer is defined in the Act, shall have no application to the relationship between you and BMIC.
- Controlling Agreement. This Agreement supplements and modifies other agreements that you may have with BMIC. To the extent that this Agreement and another agreement contain conflicting provisions, the provisions in this Agreement will control with regard to Electronic Communications. All other obligations of the parties remain subject to the terms and conditions of any other agreement.
- Copy for Your Records. It is recommended that you print a copy of this Agreement for future reference, but failure to do so does not result in the termination or modification of your consents contained herein.
- Choice of Laws. The terms of this Agreement are governed by the laws of the State of North Carolina, without reference to the conflicts of laws and without regard to the location of execution or performance. You agree to submit to the exclusive jurisdiction of the state and federal courts of Raleigh, Wake County, North Carolina for purposes of determining any dispute arising out of this Agreement.