Terms and Conditions of Use

This website (“Site”) is owned and operated by First Coverage.  These Terms and Conditions of Use (“Terms and Conditions”) contain the terms, covenants, conditions, and provisions upon which you (also sometimes referred to herein as “User”) may access and use this Site and the content, including (without limitation) the information displayed on the Site.  These Terms and Conditions are current as of the date above and, together with any Special Terms and Other Agreements (defined below), our Privacy Policy and, if you or your employer has entered into a Subscription Agreement with us, that Agreement, comprise your agreement with us.

By using this Site, you acknowledge that you have read these Terms and Conditions, understand them, and agree to be bound by their terms and conditions.  You also hereby acknowledge that you have read and understand the Privacy Policy and consent to the use of your Personal Data set out therein by First Coverage (including, with respect to Users resident in the European Union, the transfer of your Personal Data outside the European Economic Area).


Terms and Conditions

  1. Grant of License.  These Terms and Conditions provide you with a personal, revocable, non-exclusive, non-transferable license to use the Site conditioned on your continued compliance with the terms and conditions of these Terms and Conditions.  You may, on an occasional and irregular basis, print and download materials and information from the Site solely for personal and non-commercial use, or, only to the extent permitted by an Other Agreement, for internal business use, provided that you do not obscure, alter, remove or delete any copyright or other proprietary notices contained in such materials and information.  With the exception of the foregoing and except as otherwise expressly permitted herein, you may not modify, create derivatives of, copy, distribute, broadcast, transmit, reproduce, publish, license, transfer, sell, mirror, frame, “deep link”, “scrape”, data mine, or otherwise use any information or material obtained from or through the Site.  Further, you may not post any content from the Site to forums, newsgroups, list serves, mailing lists, electronic bulletin boards, or other websites, without the prior written consent of First Coverage.  You warrant to First Coverage that you will not use the Site for any purpose that is unlawful or prohibited by these Terms and Conditions, including but not limited to attempting or actually (i) disrupting, impairing or interfering with a website, (ii) collecting any information about other users of a website, including passwords, accounts or other information, or (iii) systematically extracting data contained in a website to populate databases for internal or external business use.

  2. Intellectual Property Rights/Right to Use.  All material contained on the Site, unless otherwise indicated, is protected by law including, but not limited to, United States copyright, trade secret, and trademark law, as well as other state, national, and international laws and regulations.  The Site, its content, layout and design are the exclusive property of First Coverage or its licensors and, except as expressly provided herein, First Coverage does not grant any express or implied right in any such materials to you.  The contents of the Site are © FirstCoverage.com 2007.  All rights reserved.  In particular and without limitation, First Coverage owns the copyright in the Site as a collective work and/or compilation.  First Coverage also owns the copyright on any and all databases accessible on the Site, and in the selection, coordination, arrangement, aggregation and enhancement of the content of the Site, as well as any and all Reports (as defined in Paragraph 11, below).  First Coverage is entitled to use all such databases and Submissions (as defined in Paragraph 11, below) for such purposes not inconsistent with this or other of our agreements with you.  The First Coverage Logo, and all other names, logos, and icons identifying First Coverage and/or First Coverage products and services are proprietary marks of First Coverage or its licensors.  Third party product and company names mentioned herein are the trademarks of their respective owners. 

    3. YOU MAY NOT USE THE SITE FOR ANY ILLEGAL PURPOSE OR IN ANY MANNER INCONSISTENT WITH THESE TERMS AND CONDITIONS. YOU AGREE TO USE THE SITE SOLELY FOR YOUR OWN NONCOMMERCIAL USE AND BENEFIT, AND NOT FOR RESALE OR OTHER TRANSFER OR DISPOSITION TO, OR USE BY OR FOR THE BENEFIT OF, ANY OTHER PERSON OR ENTITY. YOU AGREE NOT TO USE, TRANSFER, DISTRIBUTE, OR DISPOSE OF ANY INFORMATION CONTAINED IN THE SITE IN ANY MANNER THAT COULD COMPETE WITH THE BUSINESS OF FIRST COVERAGE OR ANY OF ITS SUPPLIERS. YOU MAY NOT COPY, REPRODUCE, RECOMPILE, DECOMPILE, DISASSEMBLE, REVERSE ENGINEER, DISTRIBUTE, PUBLISH, DISPLAY, PERFORM, MODIFY, UPLOAD TO, CREATE DERIVATIVE WORKS FROM, TRANSMIT, OR IN ANY WAY EXPLOIT ANY PART OF THE SITE, EXCEPT THAT YOU MAY DOWNLOAD MATERIAL FROM THE SITE [AND/OR MAKE ONE PRINT COPY FOR YOUR OWN PERSONAL, NONCOMMERCIAL USE], PROVIDED THAT YOU RETAIN ALL COPYRIGHT AND OTHER PROPRIETARY NOTICES. YOU MAY NOT RECIRCULATE, REDISTRIBUTE OR PUBLISH THE ANALYSIS AND PRESENTATION INCLUDED ON THE SITE WITHOUT FIRST COVERAGE' S PRIOR WRITTEN CONSENT. MODIFICATION OF THE SITE'S CONTENT WOULD BE A VIOLATION OF FIRST COVERAGE'S COPYRIGHT AND OTHER PROPRIETARY RIGHTS. ADDITIONALLY, YOU MAY NOT OFFER ANY PART OF THE SITE FOR SALE OR DISTRIBUTE IT OVER ANY OTHER MEDIUM INCLUDING BUT NOT LIMITED TO OVER-THE-AIR TELEVISION OR RADIO BROADCAST, A COMPUTER NETWORK OR HYPERLINK FRAMING ON THE INTERNET WITHOUT THE PRIOR WRITTEN CONSENT OF FIRST COVERAGE. THE SITE AND THE INFORMATION CONTAINED THEREIN MAY NOT BE USED TO CONSTRUCT A DATABASE OF ANY KIND, NOR MAY THE SITE BE STORED (IN ITS ENTIRETY OR IN ANY PART) IN DATABASES FOR ACCESS BY YOU OR ANY THIRD PARTY OR TO DISTRIBUTE ANY DATABASE SITES CONTAINING ALL OR PART OF THE SITE. YOU MAY NOT USE THE SITE IN ANY WAY TO IMPROVE THE QUALITY OF ANY DATA SOLD OR CONTRIBUTED BY YOU TO ANY THIRD PARTY. FURTHERMORE, YOU MAY NOT USE ANY OF FIRST COVERAGE'S TRADEMARKS, TRADE NAMES, SERVICE MARKS, COPYRIGHTS, OR LOGOS IN ANY MANNER WHICH CREATES THE IMPRESSION THAT SUCH ITEMS BELONG TO OR ARE ASSOCIATED WITH YOU OR, EXCEPT AS OTHERWISE PROVIDED HEREIN, ARE USED WITH FIRST COVERAGE'S CONSENT, AND YOU ACKNOWLEDGE THAT YOU HAVE NO OWNERSHIP RIGHTS IN AND TO ANY OF SUCH ITEMS. YOU WILL NOT USE THE SITE OR THE INFORMATION CONTAINED THEREIN IN UNSOLICITED MAILINGS OR SPAM MATERIAL. YOU WILL NOT USE ANY OF FIRST COVERAGE'S TRADEMARKS, TRADE NAMES, SERVICE MARKS, COPYRIGHTS, OR LOGOS IN UNSOLICITED MAILINGS OR SPAM MATERIAL. YOU WILL NOT SPAM OR SEND UNSOLICITED MAILINGS TO ANY PERSON OR ENTITY USING THE SITE. WHEN ACCESSING THE SITE YOU SHALL (i) NOT UPLOAD OR SEND ANY MESSAGE THAT IS UNLAWFUL, LIBELOUS, SLANDEROUS, OFFENSIVE, OBSCENE, HATEFUL, PORNOGRAPHIC, VIOLENT, INSULTING, THREATENING, ABUSIVE, MISLEADING, DECEPTIVE, OR RACIALLY, ETHNICALLY, OR OTHERWISE OBJECTIONABLE AND (ii) NOT UPLOAD OR SEND ANY COMMERCIAL, PROMOTIONAL, OR SOLICITATION INFORMATION. YOU AGREE TO COMPLY WITH ANY OTHER APPLICABLE TERMS AND CONDITIONS OF SERVICE SET FORTH ON THE SITE.

  3. Privacy Policy.  Please see the First Coverage Privacy Policy for a summary of First Coverage personal data collection and use practices with respect to the Site.  By using the Site, you consent to the collection and use of personal data by First Coverage as outlined therein.

  4. Password Policy.  Your use of certain portions of the Site requires a password.  As part of the registration process, you must select a client name and password and provide First Coverage with accurate, complete and up-to-date information.  Anyone with knowledge of your password can gain access to the restricted portions of the Site and the information available to you.  Accordingly, you must keep your password secret.  By agreeing to these Terms and Conditions, you agree to be solely responsible for the confidentiality and use of your respective password, as well as for any communications entered through a website using your password.  You will also immediately notify First Coverage if you become aware of any loss or theft of your password or any unauthorized use of your password.  First Coverage reserves the right to delete or change a password at any time and for any reason.

  5. Assumption of Risk.  You use the Internet solely at your own risk and subject to all applicable local, state, national, and international laws and regulations.  While First Coverage has endeavored to create a secure and reliable website, please be advised that the confidentiality of any communication or material transmitted to/from a website over the Internet cannot be guaranteed.  Accordingly, First Coverage and its licensors and suppliers are not responsible for the security of any information transmitted via the Internet, the accuracy of the information contained on the Site, or for the consequences of any reliance on such information.  First Coverage and its licensors and suppliers shall have no liability for interruptions or omissions in Internet, network or hosting services.  You assume the sole and complete risk of using the Site.

  6. Enforcing Security.  Actual or attempted unauthorized use of any of the Site may result in criminal and/or civil prosecution.  For your protection, First Coverage reserves the right to view, monitor, and record activity on the Site without notice or further permission from you, to the fullest extent permitted by applicable law.  Any information obtained by monitoring, reviewing, or recording is subject to review by law enforcement organizations in connection with the investigation or prosecution of possible criminal activity on any of the Site.  First Coverage will also comply with all court orders involving requests for such information.

  7. Links to Other Websites.  First Coverage may provide links, in its sole discretion, to other websites on the World Wide Web for your convenience in locating related information and services.  These websites have not necessarily been reviewed by First Coverage and are maintained by third parties over which First Coverage exercises no control.  Accordingly, First Coverage expressly disclaims any responsibility for the content, the accuracy of the information, the quality of products or services provided by or advertised on and/or software downloaded from these third party websites.  Moreover, these links do not imply an endorsement of any third party or any website or the products or services provided by any third party.

  8. Events Beyond First Coverage Control.  You expressly absolve and release First Coverage and its licensors and suppliers from any claim of harm resulting from a cause beyond their control, including, but not limited to, the failure of electronic or mechanical equipment or communication lines, telephone or other interconnect problems, computer viruses, unauthorized access, theft, operator errors, severe weather, earthquakes, or natural disasters, strikes or other labor problems, wars, terrorism or governmental restrictions.

  9. DISCLAIMERS.  First Coverage obtains all information furnished on the Site from sources believed by it to be accurate and reliable.  Because of the possibility of human and mechanical error as well as other factors, the Site and all related materials, products, services and information are provided on an “as is” and as available basis without representation or warranty of any kind.  FIRST COVERAGE AND ITS LICENSORS AND SUPPLIERS MAKE NO REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, TO YOU OR ANY OTHER PERSON OR ENTITY AS TO THE ACCURACY, RESULTS, TIMELINESS, COMPLETENESS, MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE WITH RESPECT TO THE SITE OR ANY RELATED MATERIALS, PRODUCTS, SERVICES OR INFORMATION.  First Coverage makes no representation that materials on the Site are appropriate or available for use in any particular location, and access to them from territories where any of the contents of a website are illegal is prohibited.  If you choose to access the Site from any such location, you do so on your own volition and are responsible for compliance with any applicable local laws.  You agree and acknowledge that no oral or written information or advice given by First Coverage or any of its employees or agents in respect to the Site shall constitute a representation or a warranty unless such information or advice is incorporated into these Terms and Conditions by a written agreement.  FURTHER, THE INFORMATION, MATERIALS, PRODUCTS, AND SERVICES AVAILABLE ON THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS, AND THERE MAY BE TIMES WHEN THE SITE OR ITS CONTENTS ARE UNAVAILABLE.  MOREOVER, FIRST COVERAGE MAY MAKE MODIFICATIONS AND/OR CHANGES TO THE SITE OR TO THE INFORMATION, MATERIALS, PRODUCTS, AND SERVICES DESCRIBED ON THE SITE AT ANY TIME, FOR ANY REASON.  YOU ASSUME THE SOLE RISK OF MAKING USE AND/OR RELYING ON THE INFORMATION, MATERIALS, PRODUCTS, AND SERVICES AVAILABLE ON THE SITE.

    10. UNDER NO CIRCUMSTANCES WILL FIRST COVERAGE OR ITS LICENSORS OR SUPPLIERS BE LIABLE TO YOU FOR ANY SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, COMPENSATION, REIMBURSEMENT OR DAMAGES ON ACCOUNT OF THE LOSS OF PRESENT OR PROSPECTIVE PROFITS, EXPENDITURES, INVESTMENTS OR COMMITMENTS, WHETHER MADE IN THE ESTABLISHMENT, DEVELOPMENT OR MAINTENANCE OF BUSINESS REPUTATION OR GOODWILL, FOR LOSS OF DATA, COST OF SUBSTITUTE MATERIALS, PRODUCTS, SERVICES OR INFORMATION, COST OF CAPITAL, AND THE CLAIMS OF ANY THIRD PARTY, OR FOR ANY OTHER REASON WHATSOEVER, EVEN IF FIRST COVERAGE OR ITS LICENSORS OR SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.

    TO THE EXTENT PERMITTED BY LAW, FIRST COVERAGE AND ITS LICENSORS AND SUPPLIERS DISCLAIM LIABILITY FOR ANY DIRECT DAMAGES BASED ON YOUR USE OF THE SITE AND ITS CONTENT.

    IN ANY EVENT, THE AGGREGATE LIABILITY OF FIRST COVERAGE AND ITS LICENSORS AND SUPPLIERS FOR ANY REASON WHATSOEVER RELATED TO USE OF THE SITE AND ITS CONTENT SHALL NOT EXCEED THE TOTAL AMOUNT PAID BY THE USER FOR SERVICES PROVIDED VIA THE SITE PURSUANT TO THESE TERMS AND CONDITIONS DURING THE 12 MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO LIABILITY.

  10. Indemnity.  You agree to indemnify and hold harmless First Coverage, its licensors and suppliers, all of their affiliates, and all of their respective officers, directors, employees, shareholders, legal representatives, agents, successors and assigns, from and against any damages, liabilities, costs and expenses (including reasonable attorneys' and professionals' fees and court costs) arising out of any third party claims based on or related to your use of the Site or any breach by you of these Terms and Conditions .

  11. Submissions.  Any ideas, suggestions, information, know-how, material, or any other content (collectively, “Submissions”) received through the Site, however, will be deemed to include a royalty-free, perpetual, irrevocable, nonexclusive right and license for First Coverage, without limitation, to adopt, publish, reproduce, disseminate, transmit, distribute, copy, use, create derivative works, display (in whole or part) worldwide, or act on such Submissions without additional approval or consideration, in any form, media, or technology now known or later developed for the full term of any rights that may exist in such Submissions, for the preparation and in any and all updates, analyses and reports and derivative works (the “Reports”) for you and other of its clients and subscribers, provided that such use and inclusion (a) is an aggregation or a compilation of such data from all users comparable to you, is presented anonymously and does not identify you, unless you have first provided us with your prior written consent, and (b) does not include data personal to your employees or otherwise violate the terms of our Privacy Policy.  Any and all such Reports shall be the sole and exclusive possession of First Coverage.

  12. Governing Law.  These Terms and Conditions , including (without limitation) any disputes relating to the content the Site, whether sounding in contract, tort, statute or otherwise, is governed by the laws of the Commonwealth of Massachusetts, without reference to its conflict of law principles and without regard to the U.N. Convention on Contracts for the International Sale of Goods.

  13. Dispute Resolution.  Any dispute, controversy or claim arising out of or relating to these Terms and Conditions , including any disputes relating to the content of the Site, whether sounding in contract, tort, statute or otherwise, shall be finally resolved by arbitration.  The arbitration shall be conducted by three arbitrators in English and in accordance with the International Rules of the American Arbitration Association, which shall administer the arbitration and act as appointing authority.  The place of the arbitration shall be Boston, MA.  The decision of the arbitrators shall be binding upon the parties hereto, and the expense of the arbitration (including without limitation the award of attorneys’ fees to the prevailing party) shall be paid as the arbitrators determine.  The decision of the arbitrator may be entered by any court of competent jurisdiction.  You agree to submit to the jurisdiction of the state and federal courts in the Commonwealth of Massachusetts for the purposes of any judicial proceedings to obtain interim relief and in aid of the arbitration or judicial proceedings to confirm or enforce the award.  Notwithstanding the foregoing, First Coverage may seek preliminary injunctive relief from a court of law in the event of a breach by you.

  14. Term, Termination, Amendments.  These Terms and Conditions will take effect when you first commence using the Site.  First Coverage reserves the right at any time and for any reason to deny you access to the Site or any portion thereof.  Termination will be effective without notice.  Please note that First Coverage reserves the right to change the terms and conditions of these Terms and Conditions upon notice, which may be given by First Coverage posting such change on the Site, by e-mail, or any other reasonable way.  If a change is notified by a posting on the Site, it shall be deemed to take effect when posted; if a change is notified by e-mail, it shall be deemed to take effect when the e-mail is sent; and if a modification is notified in any other way, it shall be deemed to take effect when the relevant notice is sent or issued by or on behalf of First Coverage.  Your continued use of the Site following notice of such modifications will be conclusively deemed acceptance of any changes to these Terms and Conditions.  You agree that notice of changes to these Terms and Conditions on the Site, delivered by e‑mail, or provided in any other reasonable way constitutes reasonable and sufficient notice.

  15. Waiver.  Failure to insist on strict performance of any of the terms and conditions of these Terms and Conditions will not operate as a waiver of any subsequent default or failure of performance.  No waiver by First Coverage of any right under these Terms and Conditions will be deemed to be either a waiver of any other right or provision or a waiver of that same right or provision at any other time.

  16. Nature of Relationship/Severability.  No joint venture, partnership, employment, or agency relationship exists between you and First Coverage as a result of these Terms and Conditions or your utilization of the Site.  If any provision of these Terms and Conditions  is held unenforceable by a court or tribunal of competent jurisdiction, that provision shall be enforced to the maximum extent permissible so as to effect the intent of the parties, and the remainder of these Terms and Conditions  shall continue in full force and effect.

  17. Entire Agreement/Reservation of Rights.  Your rights to use certain material available on or through the Site may be subject to separate written agreements with First Coverage (“Other Agreements”), including, but not limited to, any subscription agreement you enter into in connection with any services or materials to be provided by First Coverage. Particular pages or features of the Site with content supplied by First Coverage or its licensors may have different or additional terms (“Special Terms”), which will be disclosed to you when you access those pages or features, and by accessing or using such pages and features, you will be deemed to have agreed to the applicable Special Terms.  If there is a conflict between these Terms and Conditions and the Special Terms, the Special Terms will govern with respect to such pages or features or content.  In the event of a conflict between these Terms and Conditions and one or more Other Agreements, the terms of such Other Agreement(s) shall govern and control.  Along with any Special Terms and Other Agreements, these Terms and Use, the Subscription Agreement and First Coverage’s Privacy Policy represent the entire agreement between you and First Coverage with respect to your use of and material available on or through the Site, and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written between you and First Coverage with respect to the Site.  Any rights not expressly granted herein are reserved.

  18. Acknowledgement and Agreement.  By using this Site, you acknowledge that you have read these Terms and Conditions, understand them, and agree to be bound by their terms and conditions.  You also hereby acknowledge that you have read and understand the Privacy Policy and consent to the use of your Personal Data by First Coverage set out therein (including, with respect to Users resident in the European Union, the transfer of your Personal Data outside the European Economic Area).  If you would like to contact First Coverage regarding these Terms and Conditions  or the Privacy Policy, please contact:

Office of the President
First Coverage
260 Franklin Street
Boston, MA 02110
Telephone:            617-303-0180
Facsimile: 617-443-9995
E-mail: privacy@firstcoverage.com

If you choose to contact First Coverage via e-mail regarding these Terms and Conditions or the Privacy Policy, respectively, please mark the subject heading of your e-mail “User Agreement Inquiry” or “Privacy Inquiry”.