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This World Wide Web site and related functions, facilities and services (collectively, the "web site") are operated and maintained by Marsh & McLennan Agency LLC dba Marsh & McLennan Insurance Agency LLC (“MMA”). By using the web site, you ("User") agree to use it in strict accordance with, and to be bound by, all of the terms and conditions contained in these Terms of Use (these "Terms").

Proprietary Materials

The web site is protected by copyright pursuant to U.S. copyright laws, international treaties and other copyright laws. The web site contains copyrighted material, trademarks, and other proprietary information of MMA and others (collectively, "Proprietary Material"), which may include, but shall not be limited to: text, software, photos, video, graphics, images, music and sound. User agrees not to modify, publish copy, transmit, participate in the transfer or sale of, create derivative works of, or in any way exploit, in whole or in part, any Proprietary Material without prior written authorization from MMA.

No Liability for Reliance

MMA does not provide legal, accounting, or other professional advice or services via the web site. Neither MMA nor any of its third party suppliers is or shall be responsible for any errors or omissions, or for the failure to report a change in any laws, decisions, regulations, interpretations or other pronouncements. MMA does not represent or endorse the accuracy or reliability of any third party advice, opinion, statement or any other third party information displayed or distributed through the web site. User acknowledges that any reliance upon any third party opinion, advice, statement, memorandum or information shall be at User's sole risk.

Compensation Disclosure and Limitation of Liability

MMA prides itself on being an industry leader in the area of transparency and compensation disclosure.  We believe you should understand how we are paid for the services we are providing to you. We are committed to compensation transparency and to disclosing to you information that will assist you in evaluating potential conflicts of interest.

As a professional insurance services provider, MMA and its subsidiaries facilitate the placement of insurance coverage on behalf of our clients.  In accordance with industry custom, we are compensated either through commissions that are calculated as a percentage of the insurance premiums charged by insurers, or fees agreed to with our clients.

MMA receives compensation through one or a combination of the following methods:

  • Retail Commissions – A retail commission is paid to MMA by the insurer (or wholesale broker) as a percentage of the premium charged to the insured for the policy. The amount of commission may vary depending on several factors, including the type of insurance product sold and the insurer selected by the client. Retail commission rates can vary from transaction to transaction.
  • Client Fees – Some clients may negotiate a fee for MMA’s services in lieu of, or in addition to, retail commissions paid by insurance companies. Fee agreements are in writing, typically pursuant to a Client Service Agreement, which sets forth the services to be provided by MMA, the compensation to be paid to MMA, and the terms of MMA’s engagement.  The fee may be collected in whole, or in part, through the crediting of retail commissions collected by MMA for the client’s placements.
  • Contingent Commissions – Many insurers agree to pay contingent commissions to brokers who meet set goals for all or some of the policies the brokers place with the insurer during the current year. The set goals may include volume, profitability, retention and/or growth thresholds. Because the amount of contingent commission earned may vary depending on factors relating to an entire book of business over the course of a year, the amount of contingent commission attributable to any given policy typically will not be known at the time of placement.
  • Supplemental Commissions – Certain insurers and wholesalers agree to pay supplemental commissions, which are based on a broker’s performance during the prior year. Supplemental commissions are paid as a percentage of premium that is set at the beginning of the calendar year. This percentage remains fixed for all eligible policies written by the insurer during the ensuing year. Unlike contingent commissions, the amount of supplemental commission is known at the time of insurance placement. Like contingent commissions, they may be based on volume, profitability, retention and/or growth.
  • Wholesale Broking Commissions – Sometimes MMA acts as a wholesale insurance broker for certain transactions. In these placements, MMA is engaged by a retail agent that has the direct relationship with the insured.  As the wholesaler, MMA may have specialized expertise, access to surplus lines markets, or access to specialized insurance facilities that the retail agent does not have. In these transactions, the insurer typically pays a commission that is divided between the retail and wholesale broker pursuant to arrangements made between them.
  • Other Compensation – From time to time MMA may be compensated by insurers for providing administrative services to clients on behalf of those insurers.  Such amounts are typically calculated as a percentage of premium or are based on the number of insureds.  Additionally, from time to time, insurers may sponsor certain MMA training programs and/or events.

We will be pleased to provide you additional information about our compensation and information about alternative quotes upon your request. For more detailed information about the forms of compensation we receive please refer to our Marsh & McLennan Agency Compensation Guide at

http://res.cloudinary.com/mma/image/upload/v1473800190/MMA_Compensation_Guide_for_Clients_rev_9.6.16_wqhfvy.pdf

MMA’s aggregate liability arising out of or relating to any services on your account shall not exceed ten million dollars ($10,000,000), and in no event shall we be liable for any indirect, special, incidental, consequential or punitive damages or for any lost profits or other economic loss arising out of or relating to such services.  In addition, you agree to waive your right to a jury trial in any action or legal proceeding arising out of or relating to such services.  The foregoing limitation of liability and jury waiver shall apply to the fullest extent permitted by law.

Limited Warranty

The web site is provided "as is" without warranty of any kind, whether expressed or implied, including but not limited to any warranty as to the accuracy, completeness, currency, reliability or content of any information or material provided by or through the web site, and the implied warranties of non-infringement, merchantability and fitness for a particular purpose. The entire risk as to the quality, accuracy, adequacy, completeness, currency, correctness or validity of any information or material provided by or through the web site rests with the user.

MMA does not warrant that the functions of the Web site will meet User requirements or that the operation of the website will be uninterrupted or error free.

No Liability for Loss or Injury

Neither MMA nor any of its third party suppliers shall be liable for any loss or injury arising out of or caused, in whole or in part, by any negligent acts or omissions in procuring, compiling, collecting, interpreting, reporting, communicating, delivering or using information contained in the web site.

Links to Third Party Sites

The web site may contain hyperlinks to web sites operated by parties other than MMA. Such hyperlinks are provided for reference only. MMA does not control such web sites, and is not responsible for their contents. MMA's inclusion of hyperlinks to such web sites does not imply any endorsement of the material on such web sites or any association with their operators.

Limitations on Liability and Remedies

MMA is not and shall not be liable for any claim, injury or damage arising from the use of or the inability to use the web site. This disclaimer of liability includes, but is not limited to, any failure of performance, error, omission, interruption, deletion, defect, delay in operation, transmission or delivery, computer virus, communications lines failure, theft or destruction or unauthorized access to, alteration of or use of records, programs or files, whether for breach of contract, tortuous behavior, negligence or under any other cause of action.

In no event shall MMA be liable for any indirect, special, incidental, punitive or consequential damages, including lost profits, arising out of the use or performance of the web site, even if the MMA has been advised of the possibility of such damages.

Privacy

Your privacy and the privacy of all users of the MMA web sites, including www.mma-west.com, are very important to us. We have adopted the following MMA web site Privacy Policy. This web site Privacy Policy relates only to personal information that MMA collects online.

1.    NOTICE OF INFORMATION COLLECTED AND DISCLOSED

This Policy tells you, among other things, what information we gather from you through our web site, how we may use or disclose that information, and our efforts to protect it.

In connection with your use of our web site, we may collect the following information:

–      The domain name, but not the e-mail address, of visitors to our web site.

–      The e-mail addresses of users who communicate with us via e-mail.

–      Aggregate information on what pages on our web site users access or visit.

–      Information volunteered by the user, such as site registration, e-mail update requests and product or service related inquiries.

–      Information about your transactions with us or others.

We use the personally identifying information you voluntarily provide to register you as a user of the web site, to administer web site usage and monitor traffic-levels, and to contact you regarding improvements we can make to our web site and our services, if necessary. We may also use the information you provide to contact you directly regarding services, products or information that we believe may be of interest to you. Except as disclosed in this Policy, we will not use your information for any purpose that you have not expressly authorized. Your information is not sold, rented or shared with other organizations for unrelated commercial purposes or in ways different than what is disclosed in the Privacy Policy.

From time to time, we may also disclose information to fulfill certain legal and regulatory requirements or if we believe, in good faith, that such disclosure is legally required or necessary to protect others’ rights or to prevent harm.

2.    CHOICE/OPTING-OUT

You may choose to restrict our use of your information. If you are a user of our web site or services, you may restrict distribution of your information by indicating such restrictions in your account when asked. On our web site, you have the option to remove your name and personal information from any information that will or may be disclosed to a third party although disclosures to law enforcement or to meet other legal requirements may still be required.

You may exercise your choice to “opt-out” of providing personal information in many ways. When selecting certain services or features of our web site, you can choose whether to share personal information with respect to the particular service or feature. If you receive communications from us that you do not want to receive, you can opt-out from receiving these communications, by deleting your registration profile from our database or specifically telling us to stop sending them to you.

You may also “opt-out” entirely from providing personal information to us by not providing information or registering on our web site. You may also choose at a later date to have your name removed from our database. However, certain sections of our web site do require registration in order to use these sections and services. If you choose not to register or provide certain information, these sections will not be available for your use.

3.    ONWARD TRANSFER (TRANSFERS TO THIRD PARTIES)

If we propose to disclose your information to a third party that is acting as our agent or on our behalf, we will ensure that the third party has agreed to assure adequate protection of your information.

4.    ACCESS

You can access your information by logging into your account on the web site. Once there, you can modify, correct, amend or delete your information. Ordinarily, we will not restrict access to your information except in rare cases where we reasonably believe that the rights of persons other than yourself would be violated.

5.    SECURITY

Your account containing your information is password-protected. Only those who log on with your password can access your account. We have taken appropriate security measures to protect your personal information from loss, misuse and unauthorized access, disclosure, alteration and destruction. However, please remember that you play a valuable part in security as well. You are responsible for protecting your password for accessing your account. After you have finished using the web site, you should log off and exit your browser so no unauthorized persons can use our web site with your name and account information. Furthermore, if you provide any information to parties who operate web sites that are linked to or from our web site, different rules may apply to their collection, use, or disclosure of your personal information. We encourage you to review the privacy policies of such other sites before revealing any sensitive or personal information. Regardless of the precautions taken by you or by us, “perfect security” does not exist on the Internet. We cannot ensure or warrant the ultimate security of any information you transmit.

6.    DATA INTEGRITY

We seek to ensure that your information is reliable for the use you intend, and that it is accurate, complete, and current. To assist us in ensuring that your information is relevant on an ongoing basis for its intended purposes, we encourage you to update your information on the web site as frequently as is necessary. This can be done by entering our web site, signing in using your e-mail address and password. After your account information is displayed you can submit your modifications to us. We may periodically send you a notice asking you to visit the web site and update your information.

7.    COOKIES

A cookie is a small data file that certain web sites write to your computer’s hard drive when you visit those sites. A cookie file can contain information such as a user ID that a web site uses to track the pages you have visited. A persistent cookie allows the web site to remember you on subsequent visits. We may set persistent cookies.

8.    AD SERVERS

We may use a third party provider to place our internet ads at a future point. The provider may collect anonymous information about your visits to our site and your interaction with our products and services. The provider may also use information about your visits to this and other sites to target advertisements for merchandise and services. This anonymous information is collected through the use of a pixel tag which is industry standard technology used by most major websites. No personally identifiable information is collected or used in this process. The provider does not know your name, address, phone number, email address or any of your other personally identifiable information. If you would like more information about this practice and your option to not have this anonymous information used by our third party provider please contact us at Contact@MarshMMA.com.

9.    CHILDREN’S PRIVACY

MMA is concerned about the safety of children and their use of the Internet. This web site is not directed at children under the age of 18 and does not knowingly receive, collect or use any personal or health-related information or data from children under the age of 18 for any purpose, including for any marketing purpose without prior parental consent. As used in these terms and conditions: (i) personal information includes any individually identifiable information, such as name, address, social security number, email address, or any combination of identifiers, and (ii) health information includes any information relating to health, nutrition, drug use, physical condition, mental health, medical history, or medical insurance coverage. If MMA receives actual knowledge that we have received any such personal information without the required verifiable parental consent, we will delete the information from our database as soon as we practically can.

10.  LINKING TO OTHER WEB SITES

Please remember that when you use a link to go from this web site to another web site, this Privacy Policy is no longer in effect. Your browsing and interaction on any other web site, including sites that have a link on this web site, are subject to the terms, conditions and policies of that site. Please read those terms, conditions and policies before proceeding.

11.  CHANGES IN OWNERSHIP

In the event that ownership of MMA was to change as a result of a merger, acquisition or transfer to another company, personal information that you provide to MMA through this web site may be transferred. If such a transfer results in a material change in the use of your personal information, MMA will provide notice about your choices to decline to permit such a transfer.

EFFECTIVE DATE AND FUTURE CHANGES

This Privacy Policy is effective as of 2015. MMA may update this web site Privacy Policy from time to time, and so you should review this Policy periodically. If there are significant changes to MMA’s online privacy practices, you will be provided with appropriate online notice.

Website Termination

MMA may terminate User's right to access the web site at any time, with or without cause, in MMA's absolute discretion and without notice.

Right to Modify Terms

MMA has a right to modify the Terms in any manner and at any time, with or without cause, in MMA's absolute discretion and without notice or liability. Any modification is effective immediately upon posting the modification on the web site. Users continued use of the web site following any modification of these Terms shall be conclusively deemed an acceptance of any modification. User's only right and remedy with respect to any dissatisfaction with any modification made pursuant to this provision, or any policies or practices of MMA in providing the web site, is to cease use of the web site.

Right to Modify Web site

MMA may at any time, without notice or liability, change or eliminate any content or feature of the Web site, or restrict the use of any portion of the web site. User's only right and remedy with respect to any dissatisfaction with any service-related change or elimination is to cease use of the web site.

General

These Terms are governed by the laws of the Commonwealth of Pennsylvania and by the federal laws of the United States, without reference to conflict of laws principles. The federal and state courts with jurisdiction over Montgomery County, PA shall have exclusive jurisdiction to adjudicate any dispute arising out of or relating to this Agreement, and User hereby expressly consents to such exclusive jurisdiction. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. The failure of MMA to act with respect to a breach by a User does not waive MMA's right to act with respect to subsequent or similar breaches. User may not assign or transfer this Agreement or his or her rights hereunder, and any attempt to the contrary is void. MMA shall not be liable for any delay or failure to perform resulting directly or indirectly from any causes beyond its control. User shall comply with all applicable laws and regulations relating to User's access to and use of the web site. This Agreement sets forth the entire understanding and agreement between MMA and User with respect to the subject matter hereof and supersedes any prior understandings or agreements with respect to such subject matter.