TERMS OF SERVICE

OVERVIEW

This website is operated by Physicians Insurance A Mutual Company, and its subsidiaries (collectively, “Physicians Insurance”). Physicians Insurance provides this site, including any information, tools, online store, content and services available from this site (collectively, the “Services”) subject to the terms and conditions of these Terms of Service.

By visiting this site and/ or using any of the Services, you agree to be bound by these Terms of Service, including those additional terms and conditions and policies referenced herein and/or available by hyperlink. If you do not agree to all the terms and conditions of these Terms of Service, then you may not access this site or use any Services. These Terms of Service apply to all users of this site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.  If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools that are added to the Services shall also be subject to these Terms of Service. You can review the most current version of these Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our site. It is your responsibility to check this page periodically for changes. Your continued use of or access to this site following the posting of any changes constitutes acceptance of those changes.

This site is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.

 

SECTION 1 – GENERAL CONDITIONS

By using this site you agree to these Terms of Service, and represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.

You may not use this site or any Services for any illegal or unauthorized purpose, including but not limited to any violation of local laws or applicable copyright laws.

You must not transmit any worms or viruses or any code of a destructive nature.

A breach or violation of any of the provisions in these Terms of Service may result in an immediate termination of your Services.

We reserve the right to refuse all or part of the Services to anyone for any reason at any time.

You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

You agree not to reproduce, distribute, copy, sell, resell or exploit any portion of the Service, any access to or use of the Service, or any contacts on this site through which the Service is provided, without express written permission by us.

All purchases are nonrefundable.  We may provide a credit in certain circumstances.  For more detail, please review our Refund Policy.

 

SECTION 2 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We are not responsible if any material on this site is not accurate, complete or current. The material on this site is provided for general information and convenience only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.

This site may contain certain historical information which is not current and is provided for your convenience only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to confirm the accuracy of any information on our site.

 

SECTION 3 - MODIFICATIONS TO THE SERVICE AND PRICES

Prices for our products or any of the Services are subject to change without notice.

We reserve the right to modify or discontinue the Service (or any part or content thereof) without notice at any time.

We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

 

SECTION 4 – AVAILABILITY OF PRODUCTS OR SERVICES

Certain products or services may be available exclusively online through this site. These products or services may have limited quantities and are subject to return or exchange only according to our Refund Policy.

We have made reasonable efforts to accurately display the colors and images of our products. We cannot guarantee that your computer monitor's display of any images or color will be accurate.

We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product or service at any time. Any offer for any product or service made on this site is void where prohibited.

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

 

SECTION 5 - ACCURACY OF BILLING AND ACCOUNT INFORMATION

You agree to provide current, complete and accurate purchase and account information for all purchases made on this site. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

 

SECTION 6 – THIRD PARTY TOOLS

We may provide you with access to third-party tools which we neither monitor nor have any control over nor input.

You acknowledge and agree that we provide access to any third party tools “” as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of third-party tools.

Any use by you of third party tools offered through this site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

We may also, in the future, offer new third party services and/or features through this site (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

 

SECTION 7 – LINKS TO THIRD PARTIES

Certain content, products and services available via our Service may include materials from third-parties.

Links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

 

SECTION 8 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you provide to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion may be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or a violation of any intellectual property rights or these Terms of Service.

You agree that any information or content you provide will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that such information or content will not contain libelous, abusive, obscene, or otherwise unlawful, material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any information or content. You are solely responsible for any information or content you provide and its accuracy. We take no responsibility and assume no liability for any information or content posted by you or any third-party.

 

SECTION 9 - PERSONAL INFORMATION

Our receipt of your personal information through this site is governed by our Privacy Statement.

 

SECTION 10 - ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website should be taken to indicate that all information in the Service or on any related website has been modified or updated.

 

SECTION 11 - PROHIBITED USES

In addition to other prohibitions as set forth in these Terms of Service, you are prohibited from using this site or the Services: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of any Services or any website or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any website or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

 

SECTION 12 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee, represent or warrant that your use of this site or the Services will be uninterrupted, timely, secure or error-free.

We do not warrant that the results that may be obtained from the use of this site or the Services will be accurate or reliable.

We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

You expressly agree that your use of, or inability to use, this site or the Service is at your sole risk. This site and the Service and all products and services delivered to you through the Service are provided 'as is' and 'as available' without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

IN NO CASE SHALL PHYSICIANS INSURANCE, ANY OF ITS SUBSIDIARIES OR AFFILIATES, OR THEIR RESPECTIVE OWNERS, SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS, LICENSORS, SERVICE PROVIDERS OR SUPPLIERS BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, REPLACEMENT COSTS, OR ANY SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, ARISING OUT OF OR RELATING TO THE USE OF THIS SITE OR ANY SERVICE OR ANY PRODUCTS PROCURED USING THE SERVICE, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT OR PRODUCT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THIS SITE OR THE SERVICE, EVEN IF ADVISED OF THEIR POSSIBILITY. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, OUR LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

 

SECTION 13 - INDEMNIFICATION

You agree to indemnify, defend and hold harmless Physicians Insurance, any of its subsidiaries and affiliates, and their respective owners, shareholders, directors, officers, employees, agents, contractors, licensors, service providers, and suppliers harmless from any claim, demand or expense, including reasonable attorneys’ fees, arising out of or relating to your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

 

SECTION 14 - SEVERABILITY

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

 

SECTION 15 - ENTIRE AGREEMENT

The failure of either party to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service and any policies or operating rules posted by us on this site or in respect to the Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of these Terms of Service).

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.  The headings used herein are included for convenience only and will not limit or otherwise affect these Terms of Service.

 

SECTION 16 - GOVERNING LAW

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Washington State.

 

SECTION 17 - CHANGES TO TERMS OF SERVICE

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service. It is your responsibility to check this webpage periodically for changes. Your continued use of or access to this site or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

 

SECTION 18 - CONTACT INFORMATION

Questions about these Terms of Service should be sent to us at support@phyins.com. Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent to the representative below.  Physicians Insurance’s copyright agent for notice of claims of copyright infringement can be reached as follows:

Physicians Insurance

Attn:  CME Support

P.O. Box 91220

Seattle, WA 98111

cmesupport@phyins.com

* If you are a member of Physicians Insurance, all CME courses are included with your premium. Click here to access members-only CME.