Terms of Service

Last Updated: 06/2023

Franklin Mutual Insurance Group (including members the Franklin Mutual Insurance Company, FMI Insurance Company, POM Insurance Company) as well as any subsidiaries, officers, directors, and employees (“FMI”, “we”, “our”, or “us”) offer online services such as our website, online accounts, and social media pages (“Services”). Use of these Services is governed by these Terms of Service. You should read these Terms of Service carefully.  Through your use of the Services, either directly or through an agent or representative, you agree to these terms. If you do not agree with these terms, you should not use our Services. Failure to comply with any of these Terms of Service may result in your account and/or policy being canceled and/or further legal action or prosecution. 

Product Descriptions

Our Services provide summaries of the products and services we offer.  You should refer to the terms of the applicable policy for detailed information and should not rely on the summary representations provided on the Services.  Price and availability is subject to change and products may not be available in all jurisdictions.

Communications with You

By providing us with your email address, you consent to our use of that email address as the primary method to communicate with you related to your policy, any claims, endorsements, or other communications as well as other promotions, services, special offers or other reasons. By providing us with your cell phone number, you consent to our use of that cell phone number to call or text you. You can change your texting preferences at any time by logging into “My Account”; by emailing customercare@fmiweb.com; or calling FMI’s Customer Care at (800) 336-3642. You can change your email preferences by emailing customercare@fmiweb.com; or calling FMI's Customer Care at (800) 336-3642.  If you live in Pennsylvania, you may request a paper copy of your policy or endorsement, or any changes to them at no charge by emailing customercare@fmiweb.com. You agree to keep your email address and cell phone number up to date by logging into “My Account”; by emailing customercare@fmiweb.com; or calling FMI’s Customer Care at (800) 336-3642.

Content Ownership

Unless otherwise specified, FMI owns all content provided on the Services.  Unauthorized use is prohibited and any use of any protected material is subject to applicable copyright and intellectual property laws.  You may capture/print one copy of materials for your personal use.  Otherwise no content on the Services should be copied, reproduced, modified, republished, uploaded, posted, transmitted, or distributed, in whole or in part or by any form or means, without prior written permission from FMI.  Use of content for fraudulent or deceptive purposes is prohibited.  Any information or ideas you provide (aside from personal information which is governed by our Privacy Notice will be treated as FMI property and may be used without further permission, credit, or compensation to you – including ideas for product development and marketing.

Acceptable Use

Services are provided for your convenience.  Use and access to restricted areas (such as online portals) is limited to authorized users only.  You are responsible for the confidentiality of your password.  Do not share your account or allow others to access your account.  FMI monitors attempts to access restricted areas and may report suspicious activity to appropriate law enforcement or regulators.

You agree to provide accurate and current information in connection with any use of our Services.  Failure to do so or failure to comply with any of these Terms of Service may result in your account and/or policy being canceled and/or further legal action or prosecution.

You are prohibited from sharing content which is unlawful, harassing, vulgar, obscene, pornographic, indecent, or violates the rights of others.  You are also prohibited from posting or transmitting any computer viruses or other malicious code.  You agree to notify FMI if you discover or suspect that your account has been hacked or its security breached.

Monitoring

FMI may monitor any information which passes through, is transmitted, or accessed via our Services.  You consent to such monitoring.  

Disclaimers

Use of our Services is at your own risk.  Services are not and should not be considered insurance advice.

FMI WILL NOT BE LIABLE FOR ANY DAMAGES OR LOSSES, UNDER ANY LEGAL THEORY, INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY, INCIDENTAL AND CONSEQUENTIAL DAMAGES AS A RESULT OF OR IN CONNECTION WITH YOUR USE OF THESE SERVICES, INABILITY TO USE THESE SERVICES, RELIANCE ON THESE SERVICES OR RELIANCE ON INFORMATION, RESOURCES, PRODUCTS OR SERVICES WITHIN THE SERVICES, OR IN CONNECTION WITH ANY ALLEGED ERROR, FAILURE, OMISSION, INTERRUPTION, DEFECT OR DELAY IN USE OF THE SERVICES INCLUDING AS A RESULT OF COMPUTER VIRUSES OR OTHER CYBERSECURITY ATTACK, EVEN IF FMI WAS MADE AWARE OF THE POSSIBILITY OF SUCH DAMAGES.  IN THE EVENT SUCH DAMAGES ARE AWARDED, YOU AGREE THE MAXIMUM LIABILITY FOR FMI WILL NOT BE GREATER THAN THE AMOUNT YOU PAID IN THE PAST 12 MONTHS TO ACCESS THESE SERVICES.

SERVICES ARE PROVIDED IN AS-IS CONDITION WITH ALL FAULTS. FMI MAKES NO WARRANTY OF THEIR QUALITY, ACCURACY, OR AVAILABILITY.  FMI DOES NOT REPRESENT THE SERVICES, THAT ARE PROVIDED, ARE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED; THAT DEFECTS WILL BE CORRECTED, OR THAT THEY ARE FREE FROM COMPUTER VIRUSES OR OTHER HARMFUL CODE; OR THAT SERVICES WILL MEET YOUR NEEDS AND/OR EXPECTATIONS.  FMI DISCLAIMS ALL WARRANTIES EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO MERCHANTABILITY, FITNESS FOR ANY PURPOSE, OR NON-INFRINGEMENT.

Minors

FMI’s Services are intended for use by those 18 years of age and older. FMI’s Services are not intended for use by children. By using the Services, you agree that you are 18 years of age or older. We do not knowingly collect information from children without verifiable parental/guardian consent. If we determine the Services are being used by someone under the age of 18, we reserve the right to immediately terminate access.

Company Information

FMI is a family of companies, all headquartered at our Branchville, NJ location.  FMI’s products and services may not be available in all areas.

Links to Other Websites

FMI’s website and other materials may include links to third party websites. FMI is not responsible for any third party’s information or data/privacy policies and terms of service. FMI has no control over what information is shared by such third parties or whether information provided there is accurate. FMI DISCLAIMS ANY WARRANTIES AND LIABILITY FOR YOUR USE OF THE MATERIAL PRESENTED ON SUCH THIRD PARTY WEBSITES. Any access to such third party links is at your own risk.

Social Media: FMI may have a presence on social media websites such as Facebook, Twitter, YouTube or others.  This social media presence is not for individuals to apply for or to access service for an insurance policy.  FMI’s presence is not an endorsement of that social media host nor any products or services referenced there.  FMI disclaims and responsibility for the postings of third parties and do not guarantee or endorse any content posted by a third party on our social media websites nor can we guarantee the accuracy. Clicking any links is at your own risk.  

You should not share or post any personal, financial, or confidential/sensitive information on third party websites.  You should not assume any information shared on such websites is confidential.

Jurisdiction

FMI only engages in insurance business in the United States of America and our Services are intended only for use within the United States of America within those jurisdictions where we are licensed to do insurance business. Our Services are not directed to nor intended for use in any other country or outside of any jurisdiction where we are not licensed.  

Your use of these Services is governed by the laws of the State of New Jersey, without giving effect to any conflict of law provision.  Jurisdiction over any disputes shall be in the state court of Sussex County, New Jersey of the federal United States District Court for the District of New Jersey. 

Miscellaneous

FMI reserves the right to change these Terms of Service at any time. Your continued use of the Services following the posting of any changes indicates your acceptance of such changes. This current version replaces any prior versions.  We encourage you to periodically review the Terms of Service to ensure you are familiar with the most current version.

If any portion of these Terms of Service are declared illegal, unenforceable, or ineffective in a legal forum, those provisions, terms, and clauses shall be deemed severable such that all other provisions, terms and clauses of this Agreement shall remain valid and binding.

Your Privacy

Your privacy is important to you. FMI understands that.  Our Privacy Notice applies to all individuals who apply for, obtain, or are covered by an insurance policy with us which is intended to be used primarily for personal, family or household purposes. The information in these Terms of Service does not amend, replace, contradict, or change the information about your rights regarding personal financial information in that Privacy Notice.

Information We Collect and How We Use It

When you use our Services, we may collect personal information about you in order to provide services and respond to requests from you.  If you provide contact information to us through our Services, we may use that information to contact you with regard to your request and/or to suggest products or services that may interest you.  If you do not wish us to contact you, please email privacy@fmiweb.com or send written request to Franklin Mutual Insurance Group, Attention: Compliance Officer, P.O. Box 400, Branchville, NJ 07826. We may also capture internet-related data such as cookies, pixels (or similar technologies), IP addresses, transaction history, and website browser and browsing information. We may disclose information we collect to respond to legal or regulatory requirements, protect against fraud, other unlawful activities, protect the safety of any individuals, or as permitted by law.

Cookies

Cookies, web beacons, local shared objects, tags and other tracking technologies are small bits of data that are sent to your web browser from our server when you access our website. They are used for various purposes such as fraud prevention and monitoring our advertising and marketing campaign performance. The cookies we use collect information that is not personally identifiable information to you.  This is unique to Internet activity. It may include how you linked to our website. It also may include your IP address and information about your device, time of visit, and what pages you visit on our website.  We do this to provide services to you, enhance your online experience, and advertise our products and services. Cookies also assist our traffic measuring software which enables us to devote sufficient computer resources to our website. By using the website, you consent to the use of such cookies and similar devices. You can choose not to allow cookies, but doing so may slow down or limit your access to certain portions of our website.

Links to Other Websites

FMI’s website and other materials may include links to third party websites. FMI is not responsible for any third party’s information or data/privacy policies and terms of service. FMI has no control over what information is shared by such third parties or whether information provided there is accurate. FMI DISCLAIMS ANY WARRANTIES AND LIABILITY FOR YOUR USE OF THE MATERIAL PRESENTED ON SUCH THIRD PARTY WEBSITES. Any access to such third party links is at your own risk.

Social Media: FMI may have a presence on social media websites such as Facebook, Twitter, YouTube or others.  This social media presence is not for individuals to apply for or access service for an insurance policy.  FMI’s presence is not an endorsement of that social media host nor any products or services referenced there.  FMI disclaims any responsibility for the postings of third parties and do not guarantee or endorse any content posted by a third party on our social media websites nor can we guarantee the accuracy. Clicking any links is at your own risk.  

You should not share or post any personal, financial, or confidential/sensitive information on third party websites.  You should not assume any information shared on such websites is confidential.

How We Protect Your Information

To protect the data integrity and security of your information, FMI uses administrative, technical and physical safeguards. We restrict access to information to only those with a need to know the information. Our employees are bound by confidentiality obligations as are the independent contractors we work with.

New York Domestic Violence

New York law provides protections for victims of domestic violence. If a New York resident provides us with a copy of your order of protection against the policyholder or other person covered by the policy, for the duration of the order, we will not disclose to the policyholder or other person the address and telephone number of you, or of any person or entity providing covered services to you. If a child is covered by an order of protection, then an adult may assert these rights on their behalf. To exercise these rights or for any questions regarding these rights, please email privacy@fmiweb.com or call FMI’s Compliance Officer at (800) 336-3642.

Changes to These Terms

FMI reserves the right to change this policy at any time. Your continued use of the Services following the posting of any changes indicates your acceptance of such changes. This current version replaces any prior versions that we may have been given to you.  We encourage you to periodically review this policy to ensure you are familiar with the most current version.

Questions

If you have questions about our Terms of Service, please email privacy@fmiweb.com or send written request to Franklin Mutual Insurance Group, Attention: Compliance Officer, P.O. Box 400, Branchville, NJ 07826.