Texas Mutual® Online Services Terms of Use

This Texas Mutual® Online Services Terms of Use (“Agreement”) governs access to Texas Mutual Insurance Company’s online services, including website features, select electronic records of Texas Mutual Insurance Company (“Texas Mutual”) and submission of documents by an authorized User. An authorized User includes a Texas Mutual policyholder, insurance agent on behalf of a Texas Mutual policyholder, or an individual designated in writing by the policyholder or agent, or an injured employee of a Texas Mutual policyholder (each a “User”). Texas Mutual online services provide the User with access to policy management or claim information and allows the User to submit certain information to Texas Mutual, including insurance applications, payroll information, claim documents and payments (all content accessed or submitted by User is collectively referred to as “Information”). By electronically accepting the terms of this Agreement or using the online services, User accepts the terms of the Agreement. This Agreement is binding on the User who has access to Texas Mutual online services. Texas Mutual may update the terms of this Agreement at any time and User’s continued use of the online services is User’s acceptance of the updated terms. The User agrees as follows:

  1. CONFIDENTIALITY, RESTRICTED USE OF DATA
    1. PROPRIETARY AND CONFIDENTIAL DATA: The Texas Mutual online services contain Information that is proprietary and confidential to Texas Mutual, its licensors, its policyholders and the policyholders’ injured employees. Disclosure of Information other than as authorized by this Agreement is prohibited. All Information submitted by User through the online services becomes part of Texas Mutual’s systems. Texas Mutual and its licensors own all right, title and interest (including copyright, patent, trademark and other intellectual property rights), to the Texas Mutual online services, the Information once it is in Texas Mutual’s systems, and all intellectual property and know-how embodied therein, and all underlying technology, software, databases, processes and methodology incorporated into the Texas Mutual online services (including any which incorporate User feedback, comments or ideas for improvement).
    2. LIMITED USE OF SERVICES: The User may use the online services and Information only to service, manage, and administer workers’ compensation insurance policies on behalf of Texas Mutual policyholders and manage workers’ compensation claims and may not use the online services or Information for any other purpose. No part of Texas Mutual online services or Information may be reproduced in any form or used in any data collection and retrieval system other than for the authorized purpose described in this Section. User may not (a) decompile, disassemble or reverse engineer the Texas Mutual online services; (b) copy, modify or create derivative works of any part of the Texas Mutual online services; (c) disclose, sell, market, transmit or otherwise make available any part of the online services or Information publicly, to a competitor, or to any third party; (d) submit, post, or transmit infringing, libelous, defamatory, obscene, threatening, unlawful or tortious material or material that infringes the intellectual property right of a third party, or (e) disrupt other Users of the online services or Texas Mutual’s networks, including but not limited to disruption through denial of service attempts, propagation of computer viruses or other harmful code, or distribution of unsolicited advertising or chain messages.
    3. USER RESPONSIBILITY FOR MAINTAINING CONFIDENTIALITY: The User must maintain the confidentiality of the Information. The User must handle Information with the same degree of care with which it would treat its own confidential information, but no less than a reasonable degree of care, and must have reasonable physical, technical and administrative safeguards adequately designed to protect the Information from unauthorized disclosure.
    4. LIMITED DISCLOSURE ALLOWED: User may disclose Information only to those individuals employed at the policyholder or insurance agency who are directly involved in Texas Mutual policy management with a business need to know the Information or otherwise represent the User in connection with the services provided by Texas Mutual. However, before disclosing Information to such recipient, the User must inform recipient that: (a) the Information is confidential, and (b) disclosure and use of the Information is restricted as set forth in this Agreement and under the law. Unauthorized disclosure of Information will result in irreparable harm to Texas Mutual and may result in legal liability to the User.
    5. EXCEPTIONS TO CONFIDENTIALITY: There is no requirement for User to maintain the confidentiality of Information that was publicly available at the time it was accessed by or transmitted to the User; that was properly provided to the User by a third party without restriction; or that the User developed independently. If the User is legally required to disclose Information, it will promptly notify Texas Mutual and permit Texas Mutual to seek an appropriate protective order at Texas Mutual's expense.
  2. SUBMISSION OF DATA
    1. AUTHORITY TO SUBMIT AND ACCURACY OF DATA: For any Information the User submits to the Texas Mutual online services, User represents that (a) it is authorized to submit the Information, (b) it has all necessary permissions to use, disclose and transmit the Information to Texas Mutual, and (c) the Information is accurate and complete.
  3. USER ID
    1. USER ID: The User is solely responsible for protecting the privacy of its User ID and password. The User will not transfer or disclose its User ID and password to anyone else. Texas Mutual has no liability whatsoever for the protection or the privacy of User’s User ID and will not be liable for damages with regard to unauthorized access through a User’s User ID and password.
    2. DUTY TO NOTIFY IF NO LONGER REQUIRE ACCESS: The User must notify Texas Mutual immediately in writing if the User is no longer authorized to access Texas Mutual online services and request that Texas Mutual deactivate the User ID. Periodically, the policyholder or insurance agency must review and verify listings of all persons who are authorized on its behalf to have access and notify Texas Mutual immediately in writing of any changes.
    3. SELF-ADMINISTRATION: For a policyholder or agency that self-administers its Texas Mutual online accounts, the policyholder or agency is solely responsible for maintaining the confidentiality of, and controlling its use of, all of their policyholder’s or agency's User IDs and passwords. Texas Mutual disclaims any liability for claims, damages or losses caused by (a)unauthorized access to Texas Mutual online services with a User ID issued by the policyholder or agency or (b)the negligence or willful misconduct of the policyholder’s or agency’s designated administrator(s).
  4. WAIVER OF LIABILITY AND INDEMNITY
    1. NO WARRANTIES: Texas Mutual online services and their contents are provided “as-is” and “as available,” and Texas Mutual disclaims all warranties, expressed or implied (including the disclaimer of any implied warranty of fitness for a particular purpose). Texas Mutual online services may contain inaccuracies, errors or other limitations.
    2. NO LIABILITY FOR VIRUSES: Texas Mutual disclaims all responsibility and liability for damages caused by viruses or other harmful code contained in Texas Mutual online services.
    3. WAIVER OF LIABILITY: Texas Mutual is not liable to the User for any claims, damages, costs, expenses or loss of any kind that may be made or incurred by the User arising out of the User’s use of Texas Mutual online services or the User’s disclosure of Information. The User expressly waives all such claims it may have against Texas Mutual.
    4. GENERAL INDEMNITY: THE USER MUST DEFEND, INDEMNIFY, AND HOLD TEXAS MUTUAL, ITS AGENTS AND EMPLOYEES, HARMLESS AS TO ALL CLAIMS, DAMAGES, COSTS, EXPENSES OR LOSS OF ANY KIND, INCLUDING DEFENSE COSTS, RELATED TO CLAIMS BY A THIRD-PARTY ARISING OUT OF USER’S USE OF THE TEXAS MUTUAL ONLINE SERVICES, OR THE USE OR DISCLOSURE BY EITHER PARTY OF INFORMATION OBTAINED FROM, OR SUBMITTED BY USER TO, THE TEXAS MUTUAL ONLINE SERVICES TO THE EXTENT DUE TO THE ACTS OR OMISSIONS OF THE USER OR USER’S VIOLATION OF THIS AGREEMENT. THIS PARAGRAPH DOES NOT APPLY TO THE EXTENT LIABILITY IS DETERMINED TO BE THE DIRECT CONSEQUENCE OF NEGLIGENCE OR WILLFUL MISCONDUCT OF TEXAS MUTUAL.
  5. OTHER TERMS OF USE
    1. DISCRETIONARY SERVICE: Texas Mutual online services are currently a free service provided by Texas Mutual to existing policyholders, injured employees and insurance agents in its sole discretion. Texas Mutual is under no obligation to provide access to Texas Mutual online services and may terminate or limit access to Texas Mutual online services at any time for any reason. Texas Mutual may change the content of the Texas Mutual online services without notice.
    2. BUSINESS RELATIONSHIP: As a policyholder, injured employee or agent (or individual acting on their behalf), the User of Texas Mutual online services has an established business relationship with Texas Mutual. Texas Mutual may send the User email correspondence during the term of this Agreement and for a period of time after this Agreement ends to facilitate our business relationship.
    3. RIGHT TO MONITOR ACTIVITIES: Texas Mutual may monitor Users' access to Texas Mutual online services. Additional information is provided in Texas Mutual’s Privacy Policy. The User expressly consents to any monitoring by accessing Texas Mutual online services.
    4. JURISDICTION: Texas Mutual online services are controlled by Texas Mutual from its offices within Austin, Texas, United States of America. By accessing Texas Mutual online services the User agrees that the statutes and laws of the State of Texas (and no other state or country), will apply to all matters related to use of Texas Mutual online services. The User also agrees and hereby submits to the exclusive personal jurisdiction and venue of the District Court for Travis County, Texas, and the United States District Court of the Western District of Texas for all such matters.
    5. COMPLIANCE WITH LAWS: The User will comply with all applicable state, federal, and local laws while using the Texas Mutual online services, including Information.
    6. SEVERABILITY: If a court of competent jurisdiction holds that a provision of this Agreement is invalid, illegal, or unenforceable, such holding will not affect or impair the validity, legality, or enforceability of the remaining provisions of the Agreement.
    7. WAIVER: The failure of either party to insist, in one or more instances, upon the performance of any of the terms or to exercise a right is not a waiver of the term or right. Rather, the obligation of the parties with respect to future performance will continue in full force and effect.
    8. BINDING AUTHORITY: By accessing the online services, the User represents that he or she is a Texas Mutual policyholder, injured employee of a Texas Mutual policyholder or an insurance agent (or an employee of a Texas Mutual policyholder or insurance agent), is authorized to obtain a User ID and access the Texas Mutual online services as an injured employee of a Texas Mutual policyholder, or on behalf of a policyholder or insurance agency representing a Texas Mutual policyholder, has the authority to bind the agency or policyholder to the terms of this Agreement if applicable, and will abide by the terms herein.
    9. SURVIVAL: Sections A, D and E survive termination of this Agreement.