TERMS AND CONDITIONS OF USE

Purpose

The Florida League of Cities, Inc., (FLC) created this Message Board as a service to members of the Florida Municipal Insurance Trust (FMIT). The purpose of the Message Board is to foster constructive collaboration and useful discussion of public entity risk and safety topics through use of this limited discussion platform.

Rules of Use by Posting Participants

  • Use of any defamatory, abusive, profane, threatening, offensive, or illegal language or content is strictly prohibited.
  • All content or information of a confidential nature or that to which state or federal data privacy laws apply, including but not limited to Protected Health Information, is prohibited.
  • All “mass-mailing” and/or “bulk e-mail” messages, contact information harvesting email or other spam or spam-like messages or postings are prohibited.
  • Marketing or advertising is prohibited.
  • Off-topic discussions (i.e. postings clearly outside the scope of local government risk and safety-related issues or concerns) are prohibited.
  • Personal or contact information of participants seen on this Message Board is intended solely for the use and functionality of this Message Board and should not be shared or distributed to a third party.
  • Due to privacy concerns and the sensitive nature of claims information, questions or discussions which reveal details of an open or pending property or casualty claim should be directed to your assigned claims adjusting professional and/or not shared within this Message Board.
  • Posting any content protected by copyright without the permission of the copyright owner is prohibited. By posting material, the posting participant warrants and represents that he or she owns the copyright with respect to such material or has received permission from the copyright owner.
  • Every posting participant grants FLC the nonexclusive right and license to display, copy, publish, distribute, transmit, print, or otherwise use any content created herein
  • This Message Board shall not be used to encourage or facilitate participants to engage in any conduct intended to illegally restrict free trade including, but not limited to, any agreement that either expressly or impliedly leads to price fixing, boycott of another’s business or other anti-competitive conduct.

General Terms

All users of this Message Board acknowledge and agree it is created by, and provided solely as a service of, FLC. FLC is not responsible for the opinions, expressions or other content posted on this Message Board by others. The opinions and information posted are the views of the posting participant and not FLC. FLC is not obligated to monitor or review information posted herein, nor is it obligated to verify the identity of any posting individual, or the accuracy, appropriateness or lawfulness of any post. This service is not intended, nor may it be relied upon, to be a substitute for legal, financial or other professional services where necessary or required.

Notwithstanding any other provision of these Terms and Conditions of Use, the use of FLC copyrights, trademarks, trade secrets, or other proprietary rights material, in whole or in part, without the express written permission of the FLC is strictly prohibited.

By using this Message Board, participants agree to indemnify, defend, and hold harmless the FLC, its affiliates (including but not limited to the FMIT), directors, officers, employees, and agents from and against all losses, claims, demands, causes of action, liabilities, expenses, including reasonable attorney’s fees and costs arising from any claims arising out of or resulting from any breach of these Terms and Conditions of Use by the participant or any omission or act taken by the participant.

Notwithstanding any other provision of these Terms and Conditions, FLC may, in its sole discretion, monitor and remove any content posted to this Message Board, whether or not FLC determines the content violates these Terms and Conditions. FLC may temporarily or permanently suspend a participant’s access to the Message Board, without notice, for any conduct or content which FLC, in its sole discretion, believes is harmful to the interests of FLC, another participant, any third party or which FLC believes violates any law or these Terms and Conditions of Use.

The laws of the State of Florida will govern these Terms and Conditions of Use, without giving effect to any principles of conflicts of laws. The FLC reserves the right to make changes to the Message Board and these Terms and Conditions of Use at any time. Participants hereby irrevocably and unconditionally consents to submit to the exclusive jurisdiction of the state courts of Florida located in and for Leon County, Florida for any litigation arising out of or relating to use of this Message Board and agrees not to commence any litigation relating thereto except in such courts and waives any objection to the laying of venue of any such litigation.

The provisions of these Terms and Conditions of Use are intended to be severable. If for any reason any provision of these Terms and Conditions of Use shall be held invalid or unenforceable in whole or in part in any jurisdiction, such provision shall, as to such jurisdiction, be construed to be ineffective to the extent of such invalidity or unenforceability without in any manner affecting the validity or enforceability thereof in any other jurisdiction or the remaining provisions hereof in any jurisdiction.

Warranty Disclaimer

The content of this MESSAGE BOARD is provided ON AN “ AS IS ” and “ AS AVAILABLE ” basis. FLC disclaims all warranties, express or implied, with regard to information posted on THIS MESSAGE BOARD, whether posted by FLC or any third party; this disclaimer includes, but is not limited to, the implied warranties of merchantability, fitness for a particular purpose, or non-infringement OF ANY INTELLECTUAL PROPERTY RIGHTS, to the extent such exclusions are permitted by law. PARTICIPANTS expressly ACKNOWLEDGE AND agree that use of THIS MESSAGE BOARD is at PARTICIPANT ’ S sole risk. In no event shall FLC, its affiliates (including but not limited to FMIT), OR THE directors, officers, employees, OR agents OF ANY OF THESE, be liable for any direct, special, indirect, or consequential damages or any other damages whatsoever resulting FROM OR RELATING TO USE OF THIS MESSAGE BOARD, INCLUDING, BUT NOT LIMITED TO, loss of use, data, or profits, arising out of or in connection with the use or performance of any aspect of this service or content posted herein.

Acknowledgement of User

The Terms and Conditions of Use represent the entire understanding between you and FLC regarding your use of this Message Board and supersedes any prior statements or representations. The Terms and Conditions of Use are subject to change at the discretion of FLC. FLC reserves complete discretion to monitor, remove, limit or terminate any or all aspects of this service at any time without further notice. BY USING THIS SERVICE, YOU ACKNOWLEDGE YOU HAVE READ THE FOREGOING TERMS OF USE AND AGREE TO BE BOUND BY SAME.