eServices Agreement User Access
By downloading, installing, copying, accessing, clicking on “Accept” button or otherwise using the HM eServices facilities User agrees to the following Terms and Conditions. In addition, your use of the HM eServices means you consent to the monitoring of those services by system security or law enforcement personnel.
Terms and Conditions
1. Definition. eServices means services allowing for the electronic presentment and retrieval of agreed-upon data (“Data”), and may include the ability to electronically view insurance information and insurance claim status via the HM Insurance Group (“Carrier”) Website (“Site”).
2. Policy of Insurance. Carrier provides various insurance benefits to Employers, Health Plans and/or Plan Sponsors (individually a “Policyholder”) under the terms of workers’ compensation, stop loss, and/or provider excess insurance Policies (“Policies”).
3. Authorization for Access. Following receipt by Carrier of a Policyholder’s Instruction to Release Data referred to in Section 6 and your completion of eServices requirements, Carrier will assign a logon ID and password to you, along with the date on which you will be authorized to utilize eServices. You agree not to disclose or otherwise make logon IDs or passwords available to any third party. If you cease to be a User for any reason, including termination from employment or contractual obligation, or you otherwise disclose your intent to resign; you must notify Carrier within three (3) days so that Carrier can disable the applicable logon ID and password. You are responsible for any breaches of security relating to unauthorized use of your logon ID and password until Carrier has been asked to disable that logon ID and password. If a breach or suspected breach of this provision occurs, you must notify Carrier immediately by telephone at the appropriate telephone number obtained by following the following link eServices Contact Us.
4. Use of eServices. Your use of the Site is subject to all applicable local, state, national and international laws and regulations, and you agree not to use the Site for purposes that violate such laws and regulations. In addition, you agree that: (1) you will not interfere with another person’s use and enjoyment of the Site; (2) you will not upload, download, transmit or otherwise distribute any message, data, information, text or other material (“Content”) that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party, and that, by uploading or downloading any Content, you represent and warrant to Carrier that you have the lawful right to reproduce and distribute such Content; (3) you will not upload, download, transmit or otherwise distribute any Content that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory or otherwise objectionable; (4) you will not upload, download, transmit or otherwise distribute any viruses or other harmful, disruptive or destructive files; (5) you will not upload, download, transmit or otherwise distribute any Content that would constitute or encourage a criminal offense, violate the rights of any party or that would otherwise create liability or violate any local, state, national or international law; (6) you will not use or attempt to use another’s account, service or system without authorization from Carrier, or create or use a false identify on this Site; (7) you will not upload, download, transmit or otherwise distribute spam, chain letters, junk mail or any other type of unsolicited mass email to people or entities who have not agreed to be part of such mailings; (8) you will not attempt to obtain unauthorized access to the Site or portions of the Site which are restricted from general access; (9) you will not interfere with or disrupt networks, systems and/or computers connected to the Site, and you will comply with all regulations, policies and procedures of such networks and systems; and (10) you will comply with all United States laws regarding the transmission of technical data exported from the United States. You acknowledge and agree that you are responsible for all use of your email address and will notify Carrier immediately of any unauthorized use.
5. Liability. You agree that Carrier, its affiliates, employees officers or directors, suppliers and licensors shall not be liable for any direct, indirect, special, incidental, consequential or punitive damages, losses or expenses arising out of eServices, including any use or the inability to use Carrier’s information systems (including Carrier’s Website), or in connection with any failure, error, omission, interruption, defect, delay in operation or transmission, computer virus, or line or system failure, even if Carrier is advised of the possibility of such damages, losses or expenses.
6. Authorized Access. In order for you to utilize eServices to access Policyholder Data resident in Carrier’s electronic information systems, the Policyholder must provide to Carrier an Instruction to Release Data naming you as its designee to receive Data and to use the eServices referenced herein. Each Policyholder providing an Instruction to Release naming you will be listed on your User profile maintained by Carrier, until such time as you no longer are an authorized user.
a. Carrier reserves the right to terminate your use of eServices at any time with or without cause.
b. Carrier may immediately terminate your ability to access eServices if you breach any agreement with Carrier or Carrier has reason to believe that there has been or may be an unauthorized use or disclosure of a logon ID or password or eServices.
c. Your access to eServices shall terminate and your ability to access the Data of an individual Policyholder shall cease upon termination of the Policy between Carrier and Policyholder, except as otherwise allowed by the Carrier to meet business needs.
d. To the extent applicable, this License shall cease to be in force and shall terminate your access to the Data of an individual Policyholder upon termination of the producer of record agreement with a Policyholder, termination of other contractual arrangements with a Policyholder or termination of your employment with a Policyholder. You agree to provide prompt written advance notice of such termination to Carrier.
8. Governing Law, Jurisdiction. By accessing, transmitting or viewing any information on this Site, you agree to be subject to personal jurisdiction in the Commonwealth of Pennsylvania. Any transaction or occurrence arising out of accessing, transmitting or viewing any information on this Site shall be governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania (excluding any conflict of law provisions of the Commonwealth of Pennsylvania that would refer to and apply the substantive laws of another jurisdiction). Any suit or proceeding regarding this Site or any part of the Site shall be brought only in Allegheny County, Pennsylvania.
9. Enforcement by Carrier. In the event Carrier determines, in its sole discretion, that you have violated these Terms and Conditions, Carrier shall have the right to immediately terminate your access to the Site, without prior notice to you, and/or pursue any other remedies available to it under applicable law.
10. Updates to Terms and Conditions. Carrier shall have the right to revise these Terms and Conditions at any time by updating this posting. By using this Site, you agree to be bound by any such revisions and should therefore periodically visit this Site to determine the then-current Terms and Conditions to which you are bound.