New England Risk Management, Inc. Site Use Agreement

By accessing, reading, and making use of this Web site provided byNew England Risk Management, Inc.(hereinafter referred to as "NERM"), you agree to be bound by the terms and conditions set out below.

Should you become dissatisfied with the NERM Web site or with any terms and conditions related thereto, your sole and exclusive remedy is to discontinue accessing this site.

In general, this site is available for public use and NERM does not request any personal information about you to access certain portions of this site. Access to the NERM FASTRAC secure section of the site is restricted to NERM clients and is User ID and Password protected.

General Operation

NERM operaties this site from within its offices within the United States of America. NERM does not represent that the information in this site is available for use in other locations, and access from certain locations may be strictly prohibited. You agree that you have accessed this site on your own initiative and are responsible for compliance with all local laws.

Site Use

You agree that you are only authorized to visit, view and to retain a copy of pages of this site for your own personal use or business use expressly authorized in writing by NERM, and that you shall not duplicate, download, publish, modify or otherwise distribute the material on this site for any purpose other that to review information, for personal use or business use expressly authorized in writing by NERM. You further agree that you will make no unauthorized uses of the site, whether for unauthorized product sales or unauthorized framing of or linking to the site.

User ID and Password

If you use NERM FASTRAC, you will be given a personal User ID and Password which you will use to obtain access to the NERM FASTRAC secure section of the site. You authorize us to follow any instructions entered through NERM FASTRAC using your User ID and Password. Because your User ID and Password can be used to access confidential information, you should treat your User ID and Password with the same degree of care and secrecy that you use to protect sensitive information. You agree not to give or make available your User ID and Password to any other person. NERM or your employer may ask you to change your User ID and Password from time to time for security reasons. In addition, NERM may revoke your User ID and Password at any time in NERM's sole discretion. You agree not to use any language that is abusive, harassing, libelous, defamatory, obscene or threatening when defining your User ID. You agree to tell NERM at once if you believe your User ID and Password have been lost or stolen.

User Indemnification

You agreed to defend, indemnify and hold harmless NERM, its officers, directors, employees, agents, successor and assigns from and against any suits losses, claims, demands, liabilities, costs and expenses, including reasonable attorneys' fees, that they may sustain or incur as a result of any claim against them based upon negligence, breach of warranty, strict liability in tort, contract or any other theory of law brought by you or by other third parties arising out of, directly or indirectly, your failure to perform your obligations described in this agreement.

Representations and Warranties

You agree that: (i) you understand this agreement and that it constitutes a valid, binding obligation, and (ii) you have full power, authority and legal capacity to enter into this agreement and follow its obligations. If you register on behalf of a company or other entity, you agree that you have the authority to bind your principal or employer company as described in the registration materials.

Right to Modify

NERM reserves the right to modify the rules governing this site at any time. When modifications to such rules appear on this site, you are deemed to be aware of and bound by any changes to such rules. NERM reserves the right to make any improvements or changes to the content of this site at any time.

Intellectual Property

All trademarks and materials contained in the site are the exclusive intellectual property of NERM and may not be used without NERM's prior written consent.

Warranty & Damages

ALL INFORMATION PROVIDED ON THIS SITE IS PROVIDED "AS IS" AND NERM DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NONINFRINGEMENT, AND QUIET ENJOYMENT. In no event shall NERM and its affiliates, licensors and content and service providers be liable for any direct or indirect, special, incidental, consequential or punitive damages (including without limitation damages from loss of business, diminuation of property value, loss of profits, down time or failure to realize savings), whether based in contract or tort (including without limitation negligence), even if advised of the possibility of such damages.

Data Protection & Disclosure

NERM does not have the obligation to monitor any transmission made through this site. However, you agree that NERM has the right to monitor its Internet services electronically from time to time and to disclose any information as necessary to satisfy any law, regulation, or governmental request to protect NERM. For additional information please read NERM's Privacy Statement.

NERM Intellectual Property Rights

The graphics, images, content, compilation, magnetic translation, digital conversion and other matters related to this site are protected under applicable copyright, trademark and other proprietary rights, including but not limited to intellectual property laws. You are not permitted to copy redistribute, use or publish any of the content or any part of this site, except as required to use this site. We post a legal notice and various credits on pages of this site, which may not be removed. You may not remove this notice or these credits, or any additional information contained along with the notices and credits. "New England Risk Management, Inc." is a registered trademark of New England Risk Management, Inc. Use in any manner by any individual, company, association, or group is prohibited by law, except by express written license from NERM.

Copyright Notice

Entire contents Copyright 2010,New England Risk Management, Inc.All rights reserved.

Remedies

NERM reserves the right to seek all remedies available at law and in equity for violations of the rules governing this site, as well as the right to restrict access to this site from any individual, company, association, group or other particular Internet sites.

Termination

NERM may terminate this agreement and your use of this site at any time if you violate any provision of this agreement. Termination of this agreement will not affect any obligations which accrued before the termination.

Inquires

Address inquiries, including inquiries concerning use of NERM's trademarks, service marks, copyrights or other intellectual property, toNew England Risk Management, Inc., Office of the President, 430 Franklin Village Drive, Suite 215, Franklin, MA 02038, USA.

Governing Law

This agreement shall be governed by the laws of the Commonwealth of Massachusetts without regard to conflict of law provision and as if made and to be performed entirely within the Commonwealth of Massachusetts. The parties hereby consent to the jurisdiction and venue of the state and federal courts of Norfolk County, Massachusetts.

Entire Agreement

This agreement constitutes the entire agreement between the parties with respect to the subject matter that it describes. This agreement supersedes all prior proposals, negotiations, conversations, discussions and agreements between the parties concerning the information it covers.

Severability

If any section of this agreement is found to be invalid or unenforceable in any jurisdiction in which it is performed, that then meaning of that section will be interpreted, to the extent feasible, in a way that renders it enforceable. If no feasible interpretation is possible, the section will be severed from the rest of this agreement and the rest of the agreement will remain in full force and effect.

Section Headings

The section headings are for convenience only; they form no part of the terms and conditions of the agreement and will not affect the interpretation of this agreement.

Binding Effect

This agreement will be binding upon and enforceable by the parties it describes and their respective heirs, personal representatives, successors and assigns.

Non-Waiver

The failure of NERM to enforce or require enforcement of any provisions of this agreement will not constitute, or be construed to be, a waiver of the agreement's provisions, nor will it affect NERM's right to enforce all provision of this agreement thereafter.