Terms and Conditions of Use

February 1, 2014

General Information

IMT Insurance Company, Wadena Insurance Company and their affiliates, (collectively referred to as IMT) provide you this website or mobile app. For purposes of these Terms and Conditions of Use (Terms), the person accessing this website or mobile app will be referred to as "you", "your", or "user" and IMT shall be referred to as "our", "we" or "IMT". Throughout these Terms, our website or mobile app shall hereinafter be referred to as "Site".

YOUR USE OF THIS SITE IS EXPRESSLY CONDITIONED UPON YOUR ACCEPTANCE AND AGREEMENT TO THESE TERMS. PLEASE READ THEM BEFORE USING THE SITE. BY ACCESSING, CONTINUING TO ACCESS OR DOWNLOADING OR INSTALLING MATERIALS FROM THIS SITE, YOU ACKNOWLEDGE YOUR ASSENT TO THESE TERMS WITHOUT LIMITATION OR QUALIFICATION. IMT MAY CHANGE THESE TERMS FROM TIME TO TIME AT ITS SOLE DISCRETION. YOUR ACCESS AND USE WILL BE SUBJECT TO THE MOST CURRENT VERSION OF THESE TERMS WHEN YOU USE THE SITE AFTER ANY SUCH CHANGE IS POSTED. IF YOU DO NOT AGREE WITH ANY OF THESE TERMS, YOU MAY NOT CONTINUE TO USE THIS SITE.

YOU ARE SOLELY RESPONSIBLE FOR ANY AND ALL TELECOMMUNICATIONS OR OTHER CONNECTIVITY CHARGES INCURRED THROUGH YOUR USE OF THE SITE. PERSONAL INFORMATION WHICH YOU MAY PROVIDE TO IMT OR ITS DESIGNEES IS GOVERNED BY IMT'S PRIVACY POLICY, AS UPDATED FROM TIME TO TIME. THE PRIVACY POLICY CAN BE ACCESSED AT www.imtins.com/privacy_policy.php..

Limited Access

This Site is controlled, operated and maintained by IMT from our offices within the United States for the purpose of servicing our policyholders and assisting independent insurance agents in the marketing and promotion of IMT products and services solely within the states within which we operate. We make no representation that our products and services or the materials on this Site are appropriate or available in every state. IMT is licensed to write business in Illinois, Iowa, Minnesota, Nebraska, South Dakota and Wisconsin.

Insurance Policy Terms and Conditions Control

Products, coverages, discounts, insurance terms, definitions, and other descriptions are intended for informational purposes only and do not in any way replace or modify the definitions and terms contained in your individual insurance contracts, policies, and/or declaration pages from IMT companies, which are controlling. All such products, coverages, terms, and discounts may vary by state and certain exclusions may apply. Variations in state law regarding the interpretation of insurance policies may exist, and any statements of coverage scope or intent on this Site are general in nature and are subject to change based on such variations.

None of the information contained on this Site should be viewed as an offer to sell or as a solicitation to purchase any of our products or services. Rather, the information on our products and services is provided to you so that you may learn what products IMT generally offers. We may make improvements and/or changes in the products, services and/or programs described on this Site at any time without notice.

Your eligibility for particular products and services is subject to underwriting qualifications and acceptance by IMT underwriting departments providing such products or services.

Further, this Site does not make any representations that coverage does or does not exist for any particular claim or loss, or type of claim or loss, under any policy. Whether coverage exists or does not exist for any particular claim or loss under any policy depends on the facts and circumstances involved in the claim or loss and all applicable policy wording.

Ownership

All title, ownership rights, and intellectual property rights in and to this Site (including but not limited to any trademarks, titles, computer code, themes, objects, concepts, artwork, animation, sounds, audio-visual effects, methods of operation, moral rights, any related documentation, and "applets" incorporated into this Site) are owned by IMT or its licensors. This Site contains certain licensed materials, and IMT's licensors may also protect their rights in the event of any violation of these Terms.

You may not co-brand any portion of this Site without prior written permission from IMT. "Co-brand" means your display of any of the content, or your taking of other means of attribution or identification of IMT in a manner reasonably likely to give a third party the impression that you have the right to display, publish or distribute any portion of its content. You agree to cooperate with us in causing any unauthorized co-branding to immediately cease.

Trademarks

IMT, Wadena, The IMT Group, and their diamond logos are registered trademarks of IMT. Other trademarks, service marks, trade names, logos, URLs, domain names and icons ("Marks") appearing on this Site, whether registered or not, are owned by IMT, its affiliated entities, or their licensors. Nothing in these Terms grants you any right or license to use any of the Marks without the express written permission of IMT or the third party owners of such Marks.

Disclaimers of Warranties and IMT Liabilities

IMT specifically disclaims all warranties with respect to this Site or your use thereof. All information on this Site, including but not limited to graphics, text and links to other websites, is provided "as is" and "as available" and may be changed without prior notice. We do not warrant the content, quality, condition, accuracy, adequacy or completeness of this information. Other than as required by applicable consumer protection law or insurance law, if any, in no event will IMT, including employees, agents, officers, directors and third party providers, be liable for errors or omissions in this information or for any losses or damages, direct, indirect, incidental, special, consequential or punitive, resulting from your use or misuse of, or reliance on, any such information. The information is provided without warranty of any kind, express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, non-infringement and freedom from computer viruses or similar disabling devices. You are responsible for evaluating the accuracy, completeness or usefulness of any information, advice or other content available on this Site. IMT expressly disclaims any liability, whether in contract, tort, strict liability or otherwise, for any direct, indirect, special, incidental or consequential damages, losses or expenses arising in connection with your use of or inability to use this Site or any other web linked to this Site, or in connection with any failure of performance, error, omission, interruption, virus, defect, or delay in operation or transmission, even those of which we are aware.

Your Liabilities

We have the right to deny you access and use of this Site if you violate any provision of the Terms. We reserve the right to seek all other remedies available at law and in equity. You agree, at your own expense, to defend, indemnify and hold IMT harmless from any claim or demand, including reasonable attorneys' fees, made by a third party in connection with, or arising out of your access to, or use of, the Site in a manner other than as expressly authorized by these Terms, your breach of these Terms, or your violation of applicable laws or any rights of any third party.

Limited Use

Provided you comply with these Terms, IMT grants you are a nonexclusive, nontransferable, limited and revocable right to access, use, display and navigate this Site solely for your personal, non-public use. You are also granted a limited and revocable license to print copies or download or install material from this Site, but solely for your personal, non-public use. All proprietary or trademarked material must appear in all copies in the same manner as the original. Except as expressly provided above, all rights are reserved. Unless you are an independent agent affiliated with IMT, any commercial or public use of the Site or any of its content is strictly prohibited without written permission from IMT. Independent agents are subject to the terms of their agency agreements with IMT.

Personal Information

You must have a registered account with IMT to use certain features of the Site, such as bill pay, access to insurance identification card information, insurance policy information and/or claims details.

To the extent that you provide to us any personal information including third party or consumer information (including nonpublic personal information), you represent and warrant to us that you own, or possess sufficient rights in, or the authority to provide us with, all such information.

Username/Password Use

While we cannot guarantee that information transmitted through the Internet is secure, for certain types of communications through this Site, IMT may require the use of available technologies or other precautions provided for your protection and/or require you to use user identification information ("Username") and passwords. If you have been assigned a Username for access to restricted sections of this Site, you are responsible for all activities executed under your Username and are the only one who may use it. You are responsible for protecting your Username and password from disclosure to third parties and you are not permitted to avoid the use of required encryption technologies. It is a violation of these Terms for you to allow another person to use your Username and its associated password, use the Username and password assigned to another person, or attempt to gain access to resources for which you are not authorized. Accessing a computer without authorization or exceeding authorized access is a serious breach of security and may constitute a criminal act.

If you have a My Policy+ account, you may update your personal information by logging into your account and visiting the "My Account" section. If you have trouble accessing your account, please contact the Help Desk at 800-274-3531, extension 655. The Help Desk is available Monday - Friday, excluding holidays, from 8:00 a.m. - 4:30 p.m. Central Time.

Use of Electronic Signatures

In order to conduct some electronic online activities, you may agree to receive information delivered to you electronically. These may include policy documents, quotes, billing statements, updates, notifications or other information that you request, transaction receipts, documents requiring your signature, or any other documents. Your consent does not mean that IMT must provide all such communications electronically. We may provide certain communications through non-electronic means. If you wish to withdraw your consent to receive information electronically, you may discontinue your use by logging into your My Policy+ account and updating your settings.

Links To Third Party Websites

As a convenience to you, IMT may provide links to third party websites, or permit third parties to link to our Site. Because these other websites are not under our control, we cannot guarantee the quality, accuracy, timeliness or security of those websites. A link to or from another website does not imply an affiliation between IMT and the third party website owner or an endorsement of the third party website or any products or services that it describes. Your access to and use of any other Internet websites linked to or from our Site is at your own risk and we assume no obligation or liability in connection therewith. We may disable a link at any time and will remove any link from this Site at the third party website owner's request.

CAN-SPAM, Telephone Consumer Protection Act and Similar Laws

Your use of this Site establishes a business or other applicable relationship with us for purposes of CAN-SPAM, the Telephone Consumer Protection Act, and all other applicable laws that address unsolicited commercial communications. By accessing, or continuing to access, this Site, you agree that we or independent insurance agents may call, e-mail, or otherwise communicate with you regarding promotion of the products or services we provide.

Limitation of Actions

In no event shall these Terms serve to create or extend to any user any private claim or cause of action against us or our agents. Except for policyholders having a legal right to bring a suit or other action against us within a state where a policy is issued, you consent to the bringing of any suit or action under the laws of the State of Iowa and the federal laws of the United States. Any suit or other action arising out of, or in any way connected with your use of this Site may be brought only in the State of Iowa.

For Apple Users

You acknowledge and agree that Apple and Apple's subsidiaries are third party beneficiaries of these Terms and that, upon your acceptance of the Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third party beneficiary thereof.