TERMS OF USE (Effective as of July 15, 2005) |
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IF YOU WOULD LIKE TO USE AND ACCESS THE SERVICES ON THE SCPIE WEBSITE, YOU MUST REVIEW AND AGREE TO BE BOUND BY THESE TERMS OF USE. IF YOU DO NOT AGREE, YOU ARE NOT PERMITTED TO USE OR ACCESS THE SERVICES.
Thank you for visiting the SCPIE website at www.scpie.com. Our website, together with all of the information, services, materials, content, data, software, calculators and other items found on or accessed through our website (altogether “the SCPIE website”), is owned and operated by The SCPIE Companies (“SCPIE”). These Terms of Use (“Terms of Use”) along with the SCPIE Privacy Policy (the “Privacy Policy”) apply to and govern your use of the SCPIE website. As used herein, any references to “you” or “your” shall include anyone whom you authorize to act on your behalf.
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REQUIRED HARDWARE AND SOFTWARE |
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In order to utilize the SCPIE website you will need access to the Internet and a personal computer that is loaded with either Microsoft Internet ExplorerTM 5.0 or higher or NavigatorTM 5.0 or higher. If you are using the Windows 2000 operating system, you may also need to install an Internet Explorer High Encryption Pack. SCPIE reserves the right to modify the SCPIE website’s hardware and software requirements as needed from time to time without notice to you. You are solely responsible for obtaining and configuring any computer hardware, software, or other equipment necessary for you to access the SCPIE website. |
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| 2. |
LICENSE TO SERVICES |
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Subject to your continuing compliance with these Terms of Use, SCPIE hereby grants to you a nonexclusive, nontransferable, restricted right and license to access and use the SCPIE website and to download and print copies of any content or data provided on the SCPIE website for your personal, noncommercial use or records. Any other printing, reproduction, republication, transmission, posting, redistribution, or commercial exploitation of the SCPIE website, in whole or in part, is expressly prohibited. |
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INFORMATION WE PROVIDE YOU |
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Insurance Information. The information, materials, content, data, calculators and other items found on or accessed through our website (the “SCPIE Content”) are provided for informational purposes only. The SCPIE Content is not intended to be a substitute for, nor does it constitute, professional, medical or legal advice and you should not construe it as such. Although we strive to ensure that the Content we provide on the SCPIE website is reliable, accurate and complete, we cannot guarantee that it is so. |
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Investor Information. The display of any SCPIE stock prices on or accessed through the SCPIE website is not meant to be a recommendation, offer or solicitation of offers to buy, sell or hold SCPIE securities and you should not rely on the stock information as such. Hence, prior to the execution of a purchase, sale or trade of SCPIE stock, you should consult with a broker or other financial representative to verify pricing or other information. |
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YOUR USE OF THIS SITE |
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General Use. You are not permitted to use the SCPIE website to engage in any illegal activity or to engage in conduct that is defamatory, libelous, threatening or harassing or that infringes upon a third party's intellectual property or other proprietary rights. You agree that any information you provide through the SCPIE website will be truthful and accurate. You specifically acknowledge that SCPIE is not responsible for the conduct of other users and that the risk of injury from any such conduct rests entirely with you. |
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| b. |
Use Specific to the Ask Risk Management Feature. You are not permitted to disclose the identity of any patient under any circumstances when using the question-and-answer services provided in the Ask Risk Management feature. Any information or guidance offered by SCPIE in response to any request, question, or solicitation by you will be based upon the facts, information, data, indications and representations supplied by you to SCPIE. Any facts, information, data, indications, or representations different from or in addition to the information you provide might lead to or require a different response by SCPIE. SCPIE does not review any of your information to determine its accuracy, completeness or relevance. Thus, you must independently evaluate, and assume the full responsibility and risk of using, any information, responses or guidance provided in the Ask Risk Management feature in view of all the attendant circumstances under which you are or should be aware. |
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Conditions and Limitations of Use. You represent that all information disclosed to you through the SCPIE website will be used in compliance with all government laws and regulations (including, without limitation, HIPAA) and without violation of any person’s rights (including, without limitation, any rights to privacy) or causing personal injury to any person (including, without limitation, defamation, libel or emotional distress). |
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FORMAT AND CONTENT |
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SCPIE may from time to time, and at its sole discretion, establish the format and the Content of the SCPIE website and may at any time modify such format or Content and/or discontinue any service or feature without notice to you. Furthermore, SCPIE shall have the right, but not the obligation, to monitor and/or remove any information placed on the SCPIE website by you or other end users. |
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PREMIUM ESTIMATE REQUEST |
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Requests. You may request a free insurance premium estimate by filling out and submitting an online Premium Estimate Request. Once reviewed by one of our sales representatives, we will e-mail you your Premium Estimate based on the basic practice information you provide. You should receive a response within 3 business days. |
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Coverage. All estimates generated by SCPIE via your submission of an online Premium Estimate Request are based upon the information you provide, and such estimates are not a contract, binder, or agreement to extend insurance coverage and should not be construed as such. Furthermore, any coverage descriptions provided on this site are general descriptions of available coverages and are not a statement of contract. To obtain coverage you must submit an application to SCPIE (see Section 7 below). At this time, our Premium Estimate Request may not be available for all states or provinces, products, services or coverage selections. For additional information about products, services or coverage selections offered by SCPIE, please contact SCPIE’s Marketing Department at 800/717-5333 or . |
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INSURANCE APPLICATIONS |
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Online Applications. You may apply online for insurance coverage with us by using our secure Online Application. In order to access SCPIE’s Online Application, however, you must first complete our new user online registration form. On the new user online registration form, you will be asked to input your e-mail address, name, home address, and other pertinent information. You will also be asked to choose a password and security question. Please make sure to review Section 9(c) for proper use and maintenance of your password. Upon your submission of the new user registration information, you will be granted access to the Online Application. The Online Application consists of several screens, and the potential insured may fill them out over several sessions, if desired. By requiring registration, our system is able to store any saved information specific to your log-in credentials. All applications are subject to underwriting approval. Once the Online Application is submitted, a SCPIE underwriter will typically contact you within 5 to 10 days. Coverages and availability may vary by state or province; and additional minimum coverage limits may be available in your state. For additional information, please contact SCPIE’s Marketing Department at 800/717-5333 or . |
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| b. |
Offline Applications. Applications for certain insurance coverage (e.g. Locum Tenens, On-Call or Temporary Daily Rated Physician Coverage) and administrative matters (e.g., automatic debit payment plan) are available on the SCPIE website. You may fax the completed forms to 800/750-5858. Or mail them to The SCPIE Companies, Attn: Policyholder Services Department, 1888 Century Park East, Suite 800, Los Angeles, CA 90067. For more information, call 800/557-2743. |
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CLAIMS SUBMISSIONS |
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SCPIE does not accept claim submissions online. If you have a claim, one of our claims representatives will be happy to help you. You may reach one of our claim representatives by calling SCPIE’s Claims Reporting Hotline at 800/464-4467. Additional information concerning how to file a claim with SCPIE can be found on the SCPIE website under the “Claims” tab, or by clicking here. |
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INSUREDS ONLY AREA |
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Restricted Access. Certain areas of the SCPIE website may require registration and the use of log-in credentials and passwords in order to gain access to them. Your visitation to such secured areas may be viewed, monitored and recorded and any information obtained from any unauthorized access or improper use of the data and content in such secured area may be given to law enforcement organizations in connection with any investigation or prosecution of possible criminal activity. If you are not an authorized user of such areas or do not consent to continued monitoring, you should not attempt to access such secured areas. |
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Registration. In order to access the secure SCPIE Insureds Only area of the SCPIE website, you will need to be a SCPIE insured, or administrator or broker of a SCPIE account with a valid policy number. Prior to registering, you will be asked to input your policy number. The registration process will vary depending on whether the policy number you entered is for (a) an active solo professional liability policy, sold directly (b) an active group professional liability policy, sold directly, or (c) an active solo or group professional liability policy, sold through a broker. At this time, the Insureds Only section is available to physician, oral/maxillofacial surgeon, chiropractor and podiatrist policyholders. |
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(i) Active Solo Professional Liability Policies, Sold Directly. If the policy number you enter corresponds with an active, direct, professional liability policy, you will be required to input your name, the last four digits of your Social Security number and your date of birth. If the keyed-in data matches the data in our system, you will be asked to create a User ID and Password. |
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User IDs and Passwords must be between 6 and 20 characters in length and may consist of letters or numbers, or a combination of both. Registrants will be required to answer a security question such as “In which city were your born?” In the event you forget your Password, the answer you provided will be used to verify your identity. |
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Registrants who do not have an e-mail address on file with SCPIE will be asked to key in their current e-mail address. Upon successful registration, you will be logged on to a customized Insureds Only homepage. |
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(ii) Active Group Professional Liability Policies, Sold Directly. If the policy number you enter corresponds with an active group policy not sold through a broker, you will be able to access policy information for all physicians in your group upon completion of the registration process. In order to register, you must download, print and complete an Administrator Registration Form and return it by mail or fax to us in accordance with the instructions provided to you. Your SCPIE Account Executive or Client Services Representative will call you with your log-in information after your registration is processed. |
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(iii) Active Solo or Group Professional Liability Policies, Sold Through a Broker. If the policy number you enter corresponds with an active professional liability policy or group policy sold through a broker, you will be directed to a screen that lists the name of SCPIE’s broker liaison. You will need to contact our broker liaison regarding your registration. |
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Using your User ID and Password. After successful registration, you will need to key in your User ID and Password to access the Insureds Only section in the future. If you attempt to log in to the SCPIE website with either an incorrect User ID or Password, upon the third consecutive failed attempt, your access to the secured area will be automatically barred until such time as you contact SCPIE, and SCPIE determines that it is safe to resume such access. As there may be sensitive information within the secured area, you are required to keep your User ID and Password secure at all times. |
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If at any time you believe your Password has been compromised or you would like to change it, you may do so through the User Profile link. If you suspect any unauthorized activity related to your account, you should contact us immediately. SCPIE will never ask for a Password in an unsolicited phone call or e-mail. Please always remember to log out of your account at the end of a SCPIE website session by clicking the “Log Out” button on the top navigation bar, and close your browser window whenever you leave your computer. Ultimately, you are responsible for maintaining the secrecy of your Passwords and any account information. |
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Maintenance of Registration Information. It is important that you keep us current with your most recently updated registration information (including your e-mail) so that we can adequately provide you with our services. You may update your registration information at any time by contacting us or by accessing your User Profile link in the SCPIE Insureds Only section, using your User ID and Password. In addition, you agree to notify SCPIE of any errors, discrepancies, or unauthorized activity that you discover concerning your online account with SCPIE. |
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SCPIE Credential Central. Once logged in to our Insureds Only area, you may visit our SCPIE Credential Central area, where you can grant certain organizations (such as hospitals and health plans) the authority to have online access to your professional liability credentialing documents, including your Certificate of Insurance and Credential Letter. Your Certificate of Insurance provides proof of professional liability coverage and may include your medical specialty, types of coverage and limits of insurance. Your Credential Letter may include a list of open claims and those claims with indemnity payments during the last five years or since your policy's effective date, whichever is later. |
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Granting third-party access to such documents may expedite the granting of your staff privileges at hospitals and/or your provider status with health plans. You are solely responsible for reviewing your Certificate of Insurance and Credential Letter and maintaining your list of authorized organizations in order to ensure that the information we have is current, correct and complete. |
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By submitting your authorization you are requesting that SCPIE release, provide access to and furnish copies of your Certificate of Insurance and/or Credential Letter (depending on the access you have permitted) to the credentialing representative at the authorized organization. |
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LINKS TO/FROM OTHER SITES |
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For your convenience, SCPIE may provide links to other websites that SCPIE does not maintain. You should not interpret any link to/from other sites as indicating that SCPIE sponsors or endorses the sites or their materials or that the websites are affiliated with SCPIE in any manner. SCPIE is not responsible for anything contained on such sites and makes no warranties or representations about the contents, products or services offered on such websites or the security of any information you provide to them. |
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E-MAILS TO SCPIE ADDRESSES |
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The SCPIE e-mail system is a private e-mail system intended only for purposes authorized by SCPIE. You are not authorized to send numerous unsolicited commercial e-mail messages to any e-mail addresses at @scpie.com. SCPIE reserves the right to take actions as may be necessary to prevent misuse of its e-mail system by unauthorized parties. |
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OWNERSHIP; PROPRIETARY NOTICES |
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Ownership. SCPIE retains all right, title, and interest (including all copyrights, patents, service marks, trademarks, trade secrets and other intellectual property rights) in the SCPIE website and all data and content thereon (whether in print, machine-readable or visual form). Except for the license granted pursuant to Section 2 above, you shall not acquire any interest in the SCPIE website or the data or content thereon or any other services or materials, or any copies or portions thereof, provided by SCPIE pursuant to these Terms of Use. |
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Proprietary Notices. During your use of the SCPIE website, SCPIE may display or otherwise provide notices regarding access to, use of, and ownership of the SCPIE website services, data and/or content. You shall not remove, alter or obscure any such notices on any printouts, screen displays or copies thereof. You shall not add any logos or other marks indicating origin or ownership as being other than the SCPIE website or any data or content originally found thereon to any of the foregoing displays, printouts or copies thereof. |
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RECORDS RETENTION REQUIREMENTS |
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This Agreement and the obligations of SCPIE hereunder shall not substitute for, and shall not be deemed to satisfy, any legal or contractual obligations for reporting and archiving insurance and patient data or any other obligations that you may have to retain certain records or report certain information. |
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DISCLAIMER OF WARRANTY |
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YOU ACKNOWLEDGE THAT THE SCPIE WEBSITE AND SERVICES PROVIDED THEREIN ARE “AS IS” AND “AS AVAILABLE.” SCPIE DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT. SCPIE MAKES NO REPRESENTATION OR WARRANTY WITH RESPECT TO THE ACCURACY, COMPLETENESS, OR CURRENTNESS OF THE SCPIE WEBSITE AND INSUREDS ONLY SECTION. |
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LIMITATION OF LIABILITY |
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YOU AGREE THAT THE SCPIE WEBSITE IS MADE AVAILABLE ENTIRELY AT YOUR OWN RISK. SCPIE SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFITS, LOSS OF DATA, LOSS OF BUSINESS OR OTHER LOSS ARISING OUT OR RESULTING FROM USE OF THE SCPIE WEBSITE OR INABILITY TO GAIN ACCESS TO OR USE THE SCPIE WEBSITE OR OTHERWISE ARISING OUT OF THESE TERMS OF USE, EVEN IF YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING SHALL APPLY REGARDLESS OF SCPIE’S NEGLIGENCE OR OTHER FAULT OF SCPIE AND REGARDLESS OF WHETHER SUCH LIABILITY SOUNDS IN CONTRACT, NEGLIGENCE, TORT, OR ANY OTHER THEORY OF LEGAL LIABILITY. |
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INDEMNITY |
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The SCPIE website is being provided by SCPIE to you as a free additional service. You agree that you shall be solely responsible for any and all liabilities arising from your use of the SCPIE website and/or disclosure of any information obtained therefrom (including, without limitation, your authorization that SCPIE disclose your professional liability credentialing documents). You agree to hold SCPIE and SCPIE’s owners, directors, officers, employees, agents, attorneys, affiliates and sublicensees and each of their respective successors and assigns harmless from all damages, costs, expenses and other liabilities including, but not limited to, attorneys’ fees and expenses relating to any claim arising out or resulting from your access to the SCPIE website or your use, disclosure or authorization for SCPIE to disclose any data or content thereon (including, without limitation, your professional liability credentialing documents). |
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TERMINATION |
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Termination by You. You may terminate these Terms of Use at any time, with or without cause, by delivering written notice to SCPIE of such intent. Such notice shall specify the effective date of termination, which date shall not be more than ninety (90) days after the date of notice. Upon such notice, your right to access and use the SCPIE website including any secured areas therein shall be terminated. |
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Termination by SCPIE. SCPIE may terminate these Terms of Use and/or your right to access any Insured Only areas: (i) immediately upon your breach of any of your obligations hereunder; or (ii) in SCPIE’s sole discretion, with or without cause upon written notice to you. |
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Automatic Termination. Your right to access Insured Only areas of the SCPIE website will be terminated automatically within 30 days after termination, cancellation or expiration of the last remaining insurance coverage provided to you by SCPIE. |
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Effect of Termination. Termination of these Terms of Use shall terminate the license granted hereunder and SCPIE shall have the right, but not the obligation, to immediately terminate your User ID and Passwords to prevent you from further accessing the SCPIE website and/or any secured areas. Notwithstanding the foregoing, the terms set forth in Sections 10-18 shall survive termination. |
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| 18. |
GENERAL |
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Assignment. Neither these Terms of Use nor any of the rights or obligations hereunder may be assigned by you without the prior written consent of SCPIE. SCPIE may assign these Terms of Use in whole or in part without prior notice to or consent by you. |
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| b. |
Notices. All notices, consents, requests, demands and other communications which are required or may be given hereunder shall be in writing and shall be deemed to have been duly given (i) upon receipt, if personally delivered or if sent by certified or registered mail, return receipt requested and (ii) the day after being sent, if sent for next day delivery to a domestic address by a recognized overnight delivery service (e.g., Federal Express) or, if sent by telecopy; provided, however, that any notice sent by telecopy shall be accompanied by a copy thereof sent by regular United States mail. In each case, such notice shall be addressed to you at the last known address on file with SCPIE and to SCPIE at The SCPIE Companies, 1888 Century Park East, Suite 800, Los Angeles CA 90067. Notwithstanding the foregoing, SCPIE may provide notices to you electronically via the e-mail address on file with SCPIE or via the homepage of the SCPIE website. |
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Choice of Law. This Agreement shall be governed by the laws of the State of California as such laws are applied to contracts executed in and to be performed entirely within California by California residents. This means that California law will be applied to the interpretation of these Terms of Use even for non-California residences. |
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Invalidity. Any clause deemed invalid or unenforceable shall be deemed severable and shall not affect the validity or enforceability of the remaining provisions. |
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Arbitration. Any controversy, dispute or claim of any nature whatsoever, arising out of, in connection with or in relation to these Terms of Use, or otherwise involving any party hereto, including any claim based on contract, tort or statute that may lawfully be arbitrated, and including the issue of arbitrability of any such disputes, will be resolved by final and binding arbitration before a retired judge or justice at JAMS in Los Angeles, California. Any interim or final relief or award granted by the Arbitrator, including without limitation any provisional relief, may be enforced, and final judgment upon any award or decision rendered by the Arbitrator may be entered and enforced, by any state or federal court having jurisdiction. |
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Entire Agreement; Amendments. This Agreement constitutes the entire agreement between you and SCPIE with respect to the subject matter hereof and supersedes all prior agreements, understandings, negotiations and discussions, whether oral or written. Unless otherwise required by law, SCPIE may amend these Terms of Use without prior notice to you. SCPIE will revise these Terms of Use from time to time to reflect these changes. No waiver of any of the provisions of these Terms of Use shall be deemed or shall constitute a waiver of any other provision of these Terms of Use, whether or not similar, nor shall any such waiver constitute a continuing waiver unless otherwise expressly provided. |
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