BUILDERS MUTUAL ELECTRONIC CONSENT,
NOTICE AND USER AGREEMENT (“Agreement”)
THE MY ACCOUNT PORTAL
The following terms and conditions set forth in this Agreement govern the terms of use of the Builders Mutual My Account Portal (“the My Account Portal”) between the policyholder (“YOU”) and Builders Mutual. By accessing the My Account Portal, you acknowledge that you have read, understand, and agree to be bound by the My Account Portal terms of use, as provided in this Agreement. If you do not agree with terms of this Agreement, you cannot use the My Account Portal.
The terms of use contained in the Agreement may be modified at the discretion of Builders Mutual at any time and any such modifications shall be effective immediately upon the posting of such modified terms and conditions on the My Account Portal. Builders Mutual agrees to provide reasonable notice of any such modifications.
- Electronic Signature Agreement. By selecting the “Accept” button, you are signing this Agreement electronically. You agree that your electronic signature is the legal equivalent of your manual signature on an Agreement. By selecting “Accept”, you consent to be legally bound by the terms and conditions of this Agreement. You agree and understand that Builders Mutual may take action based on the instructions provided under your logon credentials.
- Intellectual Property. It is agreed and understood that all information, documentation, computer programs, enhancements and website materials are the sole property of Builders Mutual.
- Secure Access. It is agreed and understood that certain portions of the Builders Mutual website is restricted to Builders Mutual policyholders and require log-in credentials for access. Unauthorized use of the Builders Mutual website is prohibited and could result in civil penalties and criminal prosecution. Only you and your designated representatives may access the My Account Portal on your behalf. You and your representatives are responsible to maintain the security and confidentiality of your log-on credentials. Do not share your log-in credentials. If you suspect that your log-on credentials have been compromised, change them immediately and contact the Customer Contact Center at 1-800-809-4859.
- Application of Agreement. This Agreement applies to all eligible accounts issued by Builders Mutual and associated with you and your business.
- Warranty and Representation. You warrant and represent where you provide information belonging to a third party, you have obtained the necessary consents and authority in order to use such information. Your use of the My Account Portal shall not violate any applicable local, state or federal law. You also agree that no certification authority or other third party verification is necessary to validate your E-Signature and that the lack of such certification or third party verification will not in any way affect the enforceability of your E-Signature or any resulting contract between you and Builders Mutual. You also represent that you are authorized to enter into this Agreement for all persons who own or are authorized to access any of your policy information and that such persons will be bound by the terms of this Agreement. You further agree that each use of your E-Signature in using or obtaining Builders Mutual online services constitutes your agreement to be bound by the terms and conditions of Builders Mutual disclosures and agreements as they exist on the date of your E-Signature.
- Update your Records. It is your responsibility to provide us with true, accurate and complete email address, contact and other information. You are required to maintain and update this information in your profile settings. A current valid email address is required in order for you to access the My Account Portal. You agree to inform Builders Mutual of any changes in your email address by updating your profile in the My Account Portal or by calling the Customer Contact Center at 1-800-809-4859. You agree that Builders Mutual will not be liable for any unauthorized access to your personal information except as a direct result of gross negligence or intention misconduct by Builders Mutual.
- Disclaimer of Liability. The content and materials provided pursuant to this site and Agreement are provided “as is” and without representations or warranties of any kind, either expressed or implied. Builders Mutual expressly disclaims all warranties, express or implied, with respect to this site including, but not limited to, implied warranties or merchantability, fitness for a particular purpose and non-infringement. Builders Mutual does not warrant or represent that the functions or operation of this site will be uninterrupted or error-free, that defects will be corrected, or that this site, its servers, or any email sent from the Builders Mutual are free of viruses or other harmful components. Builders Mutual shall not be liable for any injury, loss, claim or damage, nor any indirect, special, incidental or consequential damages of any kind, whether based in contract, tort, strict liability or otherwise, which arises out of (a) the use of, or inability to use, this site or content found in this site, or (b) unless resulting from the gross negligence or intentional misconduct of Builders Mutual, the unauthorized access to or alteration of your transmissions or data, even if Builders Mutual has been advised of the possibility of such damages.
- Federal Law. You acknowledge and agree that your consent to Electronic Communications is being provided in connection with a transaction affecting interstate commerce that is subject to the federal Electronic Signatures in Global and National Commerce Act (the “Act”) and that you and Builders Mutual intend that the Act apply, to the extent applicable, to validate Builders Mutual electronic business. Notwithstanding the foregoing, by selecting the “Accept” button, you acknowledge that your relationship with Builders Mutual is commercial in nature and that any provisions of the Act related to consumer transactions, as consumer is defined in the Act, shall have no application to the relationship between you and Builders Mutual.
- Controlling Agreement. This Agreement supplements and modifies other agreements that you may have with Builders Mutual. To the extent that this Agreement and another agreement contain conflicting provisions, the provisions in this Agreement will control with regard to Electronic Communications. All other obligations of the parties remain subject to the terms and conditions of any other agreement.
- Copy for Your Records. It is recommended that you print a copy of this Agreement for future reference, but failure to do so does not result in the termination or modification of your consents contained herein.
- Choice of Laws. The terms of this Agreement are governed by the laws of the State of North Carolina, without reference to the conflicts of laws and without regard to the location of execution or performance. You agree to submit to the exclusive jurisdiction of the state and federal courts of Raleigh, Wake County, North Carolina for purposes of determining any dispute arising out of this Agreement.