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ROBERT A. SCHNEIDER AGENCY, INC.

TERMS AND CONDITIONS OF USE

AND PRIVACY POLICY

INTRODUCTION

PLEASE READ THE AGREEMENT BEFORE USING ANY SERVICES OR DATA PROVIDED BY THE ROBERT A. SCHNEIDER AGENCY, INC. OR ANY OF ITS EMPLOYEES, OFFICERS, DIRECTORS OR AGENTS (RAS) THROUGH THIS WEB SITE (RAS SITE). IN USING THIS SITE YOU AGREE TO ABIDE BY THE TERMS AND CONDITIONS OF THIS AGREEEMENT.

AGREEMENT BETWEEN USERS AND RAS
Use of the RAS Site, including all related software and other services, is offered to you conditioned on your acceptance without modification of the terms, conditions and notices contained herein. Your accessing or using the services, transmitting through or downloading any materials from this RAS Site constitutes your agreement to all such terms, conditions and notices. You agree to click on any Terms of Use and other terms and guidelines found throughout this RAS Site and to abide by them if you chose to use the sites, pages or services to which they apply. If you do not wish to be bound by these terms and conditions, please immediately exit this RAS Site and make no further use hereof.

USE OF RAS SITE
An authorized User of the RAS Site is an individual or entity, including that entity’s designated officers, employees or agents, that has been specifically authorized by RAS or one of its members to utilize the RAS Site and have executed a Producer Agreement with RAS, and have complied with all of the terms and conditions of this Agreement and the Producer Agreement. An individual or entity accessing the RAS Site without this specific authorization shall not be considered an authorized User.

You may access the RAS Site for information, to download, view, copy and print documents and graphics if you are an authorized User. Except as expressly provided herein or in the terms of use of other referenced products or agreements, only authorized Users may utilize the RAS Site for information or use, download, upload, copy, print, display, perform, reproduce, publish, license, post, transmit or distribute any materials or content from or through the RAS Site in whole or in part without the prior written permission of RAS. No User may view, download, copy or print or otherwise access any information transmitted through or stored on the RAS Site by another authorized User without the specific written permission of RAS. In no event may you remove any copyright or other proprietary notices or legends on the RAS Site.

PROHIBITED ACTIVITIES
No User shall engage in any illegal usage, abusive usage, unacceptable usage or use of the RAS Site to interfere with other Users’ enjoyment of the EDI or other services provided by or through the RAS Site.

By way of example, but without limiting this definition, an illegal use may include (a) any use which may result in civil or criminal liability; (b) posting or transmitting harassing, threatening, defamatory, libelous, slanderous or scandalous, pornographic, pornographic, profane or otherwise objectionable information of any kind; (c) infringement upon the patents, copyrights, trademarks, trade secrets or other intellectual property rights of others; (d) posting or transmitting materials that would give rise to liability under the Computer Fraud and Abuse Act; (e) attempting to “hack” root or user logins on another system, machine, or network; (f) collecting. posting or transmitting without authorization any health care or other information on employers or employees or other personal or business information without the authorized User’s consent; or (g) otherwise violating or attempting to activities that would violate the insurance or consumer protection laws of any state.

By way of example, but without limiting this definition, an abusive use may include (a) posting any information not directly related to the transmittal of insurance information to or the receipt of insurance information from RAS; (b) releasing passwords or other access information related to the RAS Site to an entity or person who is not an authorized User or failing to implement reasonable security procedures to update user passwords to prevent former employees or agents of an authorized User from improperly accessing the RAS Site; (c) gathering or attempting to gather any information transmitted through the RAS Site by any other User without that User’s specific written authorization; or, (d) otherwise accessing or using the RAS Site for any unauthorized purpose.

By way of example, but without limiting this definition, an unacceptable usage may include (a) posting or transmitting any information or software which contains a virus, worm, cancelbot or other harmful component; (b) impersonating another User or otherwise falsifying one’s User name; or (c) without RAS’ written permission monitoring data or traffic, probing, scanning, testing firewalls, testing the vulnerability of the RAS Site or breaching any security or authentication routines of a system or network; mailbombing, flooding, overloading, attacking or otherwise interfering with the RAS Site.

UPDATING OF TERMS AND CONDITIONS
From time-to-time, RAS may update and/or revise this User Agreement or the RAS Site. Any such updates and/or revisions shall be posted online. Continued use of the RAS Site by Users Shall indicate their acceptance of the updates and/or revisions.

OWNERSHIP RIGHTS
All right, title and interest (including copyrights, trademark rights, patent rights and other intellectual property rights) in and to the RAS Site and all content appearing on the RAS Site is proprietary and shall remain the sole property of RAS and its licensors, unless otherwise provided in the Producer Agreement.

All trademarks, service marks, logos, slogans and other proprietary marks appearing on the RAS Site are the trademark owners. Nothing contained on this RAS Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark displayed on this site without the written permission of RAS or such third party that owns the trademark.

SYSTEM SECURITY/ACCESS CODES
Users will, at RAS’ option, be issued a confidential User ID and a password allowing such Users and their authorized representatives to utilize and/or access information and documents available on restricted areas of the RAS Site. Each such User shall keep all personal access code security strictly confidential. No device, software or routine to interfere or attempt to interfere with the property working of the RAS Site or any information contained on the RAS Site may be used. You shall promptly notify RAS of any known or suspected violation of these rules or threat to the RAS Site system security.

WARRANTY OF USE
As a condition of your use of this RAS Site, you warrant to RAS that you will not use or permit any of your authorized representatives to use any illegal, abusive or unacceptable usage, as defined above for any purpose that is unlawful or prohibited by these terms, conditions and notices.

INDEMNITY
You agree to indemnify and hold RAS and its members, directors, officers, agents and employees harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of the RAS Site, your connection to the RAS Site, your violation of these terms of service, your violation of any rights of another, or your violation of any laws or regulations governing the business of insurance.

MODIFICATIONS TO RAS SITE
RAS reserves the right at any time and from time-to-time to modify or discontinue, temporarily or permanently, the RAS Site (or any part thereof) or any other content or services thereon, with or without notice. You agree that RAS shall not be liable to you or any third party for any such modification, suspension o discontinuance.

TERMINATION
You agree that RAS, in its sole discretion, may terminate a User password (or any part thereof), or use of the RAS Site for any reason, including, without limitation, for lack of use or if RAS believes that you have violated or acted inconsistently with this User Agreement. You agree that any termination of your access to the RAS Site under any provision of these terms may be effected without prior notice, and acknowledge and agree that RAS may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the RAS Site. Further, you agree that RAS shall not be liable to you or any third party for any termination of your access to the RAS Site.

LINKS
The RAS Site may contain hypertext links to other World Wide Web sites or resources controlled by parties other than RAS, including but not limited to, RAS members. Because RAS has no control over such sites and resources, you acknowledge and agree that RAS is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that RAS shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, software or other services available on or through any such site or resource.

DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

RAS MAKES NO WARRANTY OR REPRESENTATION CONCERNING THE TIMELINESS, SUITABILITY, COMPLETENESS OR ACCURACY OF ANY OF THE SERVICES AND INFORMATION PROVIDED ON THIS SITE. PROPER USE OF TH SERVICES AND INFORMATION REQUIRES A THOROUGH UNDERSTANDING OF THE INSURANCE SYSTEM AND ALL LIMITATIONS INHERENT IN THE COMPILATION OF DATA AND SERVICES RELATED TO POLICIES, CLAIMS AND FINANCIAL DATA GENERATED BY THAT SYSTEM. ALL SERVICES AND INFORMATION DESCRIBED ON OR PROVIDED THROUGH THIS RAS SITE ARE PROVIDED BY RAS UTILIZING RESOURCES, WHICH RAS BELIEVES TO BE RELIABLE AND ACCURATE; HOWEVER, RAS DOES NOT WARRANT, REPRESENT OR GUARANTEE THAT THE INFORMATION CONTAINED ON OR TRANSMITTED THROUGH THIS RAS SITE HAS BEEN PROPERLY REPORTED, DOCUMENTED OR UPDATED NOR IS THERE ANY REPRESENTATION, WARRANTY OR GUARANTEE THATA THE INFORMATION REFLECTS CHANGES IN APPLICABLE LAW.

THE INFORMATION, PRODUCTS, AND SERVICES INCLUDED ON THIS RAS SITE MAY INCLUDE INACCURACIES, OMISSIONS OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. RAS AND/OR ITS SOURCES OF DATA OR SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THIS RAS SITE AT ANYTIME. INFORMATION RECEIVED VIA THIS RAS SITE SHOULD NOT BE RELIED UPON FOR FINANCIAL OR INSURANCE

PRODUCT DECISIONS WITHOUT YOUR INDEPENDENT VERIFICATION, AND YOU SHOULD CONSULT WITH AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR NEEDS.

YOUR USE OF THE RAS SITE IS AT YOUR SOLE RISK. THE SERVICES, CONTENT, INFORMATION, SOFTWARE, PRODUCTS AND OTHER SERVICES CONTAINED ON THIS RAS SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. RAS EXPRESSLY DISCLAIMS WARRANTIES OF ANY KIND, WHETHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

ANYMATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE RAS SITE IS DONE AT YOUR OWN DISCRETION. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL.

LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT IN NO EVENT SHALL RAS OR ITS OFFICERS, DIRECTORS, SHAREHOLDERS, AGENTS OR EMPLOYEES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUESNTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF RAS HAS BEEN ADVISED OF TH POSSIBILITY OF SUCH DAMAGES), INCURRED BY YOU OR ANY THIRD PARTY, WHETHER IN ANA ACTION IN CONTRACT OR TORT, ARISING FROM YOUR ACCESS TO, OR USE OF, THIS RAS SITE OR ANY OTHER HYPERLINKED WEB SITE.

EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR THE INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

GENERAL
This agreement is governed by the laws of the State of Minnesota, U.S.A. You hereby consent to the exclusive jurisdiction and venue of courts in Hennepin County, Minnesota, U.S.A. in all disputes arising out of or relating to the use of this RAS Site. Use of this RAS Site is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and RAS as a result of this agreement or use of this RAS Site. RAS’ performance of this agreement is subject to existing laws and legal processes, and nothing contained in this agreement is in derogation of RAS’ right to comply with governmental, court and law enforcement requests or requirements relating to your use of this RAS Site or information provided to or gathered by RAS with respect to such use.

If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. This agreement constitutes the entire agreement between you and RAS with respect to this RAS Site and supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and RAS wit respect to this RAS Site, except as may be contained in the Producer Agreement between the User and RAS. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Fictitious names of companies, products, people, characters and/or data mentioned herein are not intended to represent any real individual, company, product or event. Any rights not expressly granted herein are reserved.

HIPAA DISCLAIMER
The RAS Site provides EDI and other services and content to Users. The provision of these materials and services is not intended to constitute or guarantee compliance with the Health Insurance Portability and Accountability Act (HIPAA). Each User is solely and individually responsible for complying with any requirements of HIPAA or related regulations issued by the Department of Health and Human Services.

PRIVACY POLICY
RAS will collect information from Users during the registration process. In addition RAS may track information regarding the usage of the RAS Site and other services provided through the RAS Site and share that information for purposes of monitoring and enhancing the services offered by RAS, communicating with Users (both individually and collectively) or complying with state laws and regulations governing the operations of RAS members. This information will not be commercially sold by RAS to third parties.

The RAS Site will be used, in part, to receive and transfer information via the EDI services from and to individual RAS members. The actions of those individual members are not subject to this Privacy Policy. RAS recommends that each User review and understand the Privacy Policy of each RAS member to whom information is being submitted.

RAS members are subject to the laws and regulations of the individual states in which they do business. Those state laws and regulations may mandate standards for the use of and access to this information, which differs from this Privacy Policy. To the extent the laws and regulations of any state conflict with this Privacy Policy, those laws and regulations shall control.