Tokio Marine America is the marketing name for Tokio Marine Management, Inc. and Tokio Marine America insurance Company, a New York domiciled insurer admitted to write property and casualty insurance business in all 50 states, D.C. and Puerto Rico.
Once Credentials are issued, Subscribers have the ability to log-in to the Platform and make electronic policyholder insurance payments. As between TMA and Subscriber, Subscriber is solely responsible for all acts and omissions that occur under its Credentials. TMA is not liable for any damage or loss arising from a Subscriber’s failure to meet its obligations or arising from unauthorized use of its Credentials and TMA shall not be responsible for unauthorized use of your credit card or other account information (including, but not limited to, your name, billing address, and credit card number or expiration date). You are responsible for notifying us if you desire to cancel your Account.
You must not use or allow others to use the Platform, including under your Credentials. You are prohibited from copying (whether directly or by use of any “scraping” or related technology) any portion of the Platform or its content. You must not remove, modify or obscure any proprietary rights notices that we place on any component of the Platform. If you are required to provide a regulatory body with use of or access to the Platform, then such use and access must be subject to this Section and your confidentiality obligations and our rights under Federal Acquisition Regulation and Defense Federal Acquisition Regulations (or their state law equivalents and any successor regulations).
While we cannot guarantee that all the features and functions of the Platform will be fully accessible by all people with disabilities, we are committed to making Platform available to all our visitors, including those with disabilities, and have designed the Platform with accessibility in mind. You can help. If you notice any content, feature or function of the Platform that is not accessible to people with disabilities, please email us at DirectBillAcct@tokiom.com with the words “Disabled Access” in the subject line and provide a description of the specific feature you feel is not accessible or suggestion for improvement. We cannot promise that we will reply to your e-mail or make the changes you suggest, but we can assure you that we take your input seriously and will evaluate it in the context of our overall accessibility design.
THE PLATFORM IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IF YOU ARE DISSATISFIED WITH THE PLATFORM, YOUR SOLE REMEDY IS TO DISCONTINUE ITS USE. YOU SHOULD NOT RELY ON THE PLATFORM TO MAINTAIN OR STORE DATA; YOU SHOULD RETAIN DATA IN YOUR OWN RECORDS FOR USE IN THE EVENT THE PLATFORM FAILS OR IS UNAVAILABLE, OR THE DATA OR INFORMATION IS LOST.
We control and operate the Platform from our offices and facilities located in the United States of America. We do not represent that the Platform or its content are appropriate or lawful for use in other locations. Users who choose to access the Platform from outside the United States as citizens of non-U.S. jurisdictions, do so of their own initiative, and are responsible for compliance with local laws, if and to the extent applicable.
We do not warrant that the Platform will operate in an uninterrupted or error-free manner or that the Platform is free of viruses or other harmful components. Except for the expressly granted Platform Subscription, nothing on the Platform or in any of the content it provides is or shall be deemed a grant of any right, title or interest, by license or otherwise, in or to any of TMA’s intellectual property or technology.
TMA is not a brokerage service, bank or financial institution and is not acting as a brokerage service, bank or financial institution or credit agency in connection with the electronic policyholder insurance payments made through use of the Platform. Any action taken on the Platform is and shall be solely to facilitate electronic policyholder insurance payments by Subscriber to TMA. You, as Subscriber, are responsible to ensure that your payments are received by TMA in a timely manner according to the terms of your insurance plan with TMA. Any dispute between TMA and you regarding any matter including, but not limited to, amount of payment, timing of payment, lack of payment, late-charges incurred, overdue and the like, shall be a matter exclusively between TMA and you pursuant to your policy. The Platform is merely providing an electronic payment service to facilitate policyholder insurance payments between TMA and Subscribers.
NEITHER TMA NOR ITS AFFILIATES NOR ANY OF THEIR AFFILIATES, OR THEIR OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS OR REPRESENTATIVES (the “TMA Parties”), SHALL HAVE ANY LIABILITY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, PUNITIVE, SPECIAL OR INCIDENTAL DAMAGES, WHETHER FORESEEABLE OR UNFORESEEABLE (INCLUDING CLAIMS OF DEFAMATION, ERRORS, LOSS OF DATA, OR INTERRUPTION IN AVAILABILITY OF DATA), ARISING OUT OF OR RELATING TO YOUR USE OF, OR THE INABILITY TO USE, THE PLATFORM, ITS CONTENT, OR ANY RESOURCE THAT YOU ACCESS THROUGH THE PLATFORM.
The logos, names and other similar marks (collectively, the "Trademarks") displayed on the Platform are registered and unregistered Trademarks of ours and our licensors and may not be used unless authorized by their owner. Nothing contained on the Platform should be construed as granting any such license or other right to use any Trademark. As between you and TMA, we are the exclusive owners of all right, title and interest, including intellectual property rights (including copyrights, patents and trademarks), proprietary rights (including trade secrets, data base rights and sui generis rights) and moral rights (including rights of attribution and authorship) throughout the world in and to Platform, all its content, the look and feel, design and organization of Platform, and the compilation of the content, code, data and materials thereon. If you send us feedback on the Platform or ideas or suggestions about how to modify or improve it (“Feedback”) you agree that such Feedback similarly becomes our property and may be used by us in any lawful manner. We are not responsible for maintaining records of Feedback you provide to us.
The Platform requires the use of software code, data or other content owned by and licensed from third parties (“Third Party Content”). We will include Third party Content as part of the Platform, and we will provide it to you on either a sublicense or pass-through basis subject to separate terms and conditions of its owners and licensors. We do not have the authority to modify those terms and conditions. In all events, you shall have the authority to grant you the rights granted under the License.