Disclaimer and Terms of Use Agreement
Acceptance of Terms
This web site (“Web Site”) is owned and maintained by the carrier or one or more of its affiliates ("Company"). Company includes insurance companies and insurance agencies which are affiliates that are licensed or otherwise approved to transact insurance business located in various jurisdictions in the United States. Our insurance affiliates conduct business under the Company brand. This Web Site provides users with access to an online collection of information and materials, including text, pictures, graphics, logos, button items, images, works of authorship, and other content (collectively, "Content"). This Web Site is intended for use only by users who are at least 18 years of age.
PLEASE NOTE: Your access to and use of this Web Site are subject to the following "Terms of Use", as well as all applicable laws and regulations. Please read these Terms of Use carefully. If you do not accept and agree to be bound by any of these terms or conditions, you are not authorized to access or otherwise use this Web Site or any information or Content contained on this Web Site. Your access to and use of this Web Site constitute your acceptance of and agreement to abide by each of these terms and conditions set forth below. These Terms of Use may be changed, modified, supplemented or updated by Company from time to time without advance notice. Unless otherwise indicated, any new Content added to this Web Site will also be subject to these Terms of Use effective upon the date of any such addition. You are encouraged to review this Web Site periodically for updates and changes.
Limited License and Site Access
Company hereby grants you a limited license to access and make personal use of this Web Site, but not to download (other than page caching) or modify it, or any portion of it, except with express written consent of Company. This license does not include any resale or commercial use of this Web Site or its Contents; any collection and use of any product listings, descriptions, or prices. This Web Site or any portion of this Web Site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without the express written consent of Company. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Company without Company’s express written consent. You may not use any meta-tags or any other "hidden text" utilizing any of the Company name(s) or service marks without the express written consent of their owners. We (or the respective third party owners of Content) reserve all rights not expressly granted herein. Any unauthorized use terminates the permission or license granted by Company.
Availability of Products and Services
EXCEPT AS SPECIFICALLY OTHERWISE STATED, THIS WEB SITE PRESENTS GENERAL INFORMATION REGARDING OPERATING AFFILIATES WITHIN COMPANY AND IS NOT INTENDED AND DOES NOT CONSTITUTE AN OFFER TO SOLICIT BUSINESS, AND DOES NOT CONTAIN A COMPLETE DESCRIPTION OF ANY REINSURANCE PRODUCT, INSURANCE PRODUCT, OR INSURANCE-RELATED SERVICES, WHICH MAY BE OFFERED FOR SALE BY ANY COMPANY OR AGENCY IN THE GROUP. NO REINSURANCE PRODUCT OR INSURANCE PRODUCT OR OTHER PRODUCT OR SERVICE IS OFFERED OR WILL BE SOLD BY COMPANY MEMBER COMPANIES OR, IF SOLD BY COMPANY MEMBER COMPANIES, WILL BE EFFECTIVE IN ANY JURISDICTION IN WHICH SUCH OFFER OR SOLICITATION, PURCHASE OR SALE WOULD BE UNLAWFUL UNDER THE INSURANCE OR OTHER LAWS OF SUCH JURISDICTION.
When the term Company is used, this reference does not indicate or infer that any individual company or agency within Company conducts or conducted specific activities, offers a specific product, or has a particular licensing status in a jurisdiction.
Unless indicated in the Company Listing section, non-U.S. companies and agencies within Company are not licensed, or otherwise authorized, to conduct business in the United States and do not engage in or transact any business in the United States through this Web Site or otherwise. Insurance policies issued by non-U.S. companies, are not protected or guaranteed by state insurance guaranty associations or insolvency funds.
Similarly, U.S. companies and agencies within Company write only the lines and in the states where they are authorized to transact business on an admitted basis as indicated in the Company Listing page of this Web Site, to which you should refer.
Due to various insurance and other regulatory restrictions, certain products and services described on this Web Site are not available to all users. Not all insurance coverages or products are available in all jurisdictions, and all coverages and products are subject to meeting the applicable company’s underwriting requirements.
This Web Site may provide certain summary descriptions or other helpful information regarding products and services. Company and its member companies and agencies attempt to be as accurate as possible; however, any such materials are intended to generally describe the products and services and are subject in all respects to the specific terms and conditions of the actual policy or product/service agreement to which they refer. Complete policy terms are available upon request. Potential reinsureds and insureds should contact a retail producer, broker, or reinsurance intermediary for complete information regarding the terms and details of our insurance products. Generally, our operating insurance companies and agencies do not offer or solicit business except through licensed producing agents, brokers, or reinsurance intermediaries, as applicable. Should you purchase a Company product either directly from a Company affiliate or a third party, the terms and conditions applicable to that transaction will govern such purchase, and your use of this Web Site does not affect that purchase in any manner.
Companies and agencies listed on this Web Site which are not the issuers of the policy as shown on the Declarations Page of the policy, have no financial responsibility for the products written or liabilities incurred by the company or agency issuing the product.
Copyright
Except as otherwise expressly stated, all Content appearing on this Web Site is the copyrighted work of a Company affiliate, or third party content suppliers, and are protected by U.S. and international copyright laws. The compilation (meaning the collection, arrangement and assembly) of all Content is also the exclusive property of Company and is protected by U.S. and international copyright laws.
You may download information from this Web Site and print out a hard copy for your personal use provided that you keep intact and do not remove or alter any copyright or other notice (e.g., trademark, patent, etc.) contained in the information. Except as otherwise expressly stated herein, you may not alter, modify, copy, distribute (for compensation or otherwise), transmit, display, perform, reproduce, reuse, post, publish, license, frame, download, scrape, store for subsequent use, create derivative works from, transfer, or sell any information or Content obtained from this Web Site, in whole or in part, including any text, images, audio, and video in any manner, without the prior written authorization of Company or any applicable third party suppliers. The use of Content, including images, by you, or anyone else authorized by you, is prohibited unless specifically permitted by Company. Any unauthorized use of text or images may violate copyright laws, trademark laws, the laws of privacy and publicity, and applicable regulations and statutes. Neither Company nor its affiliates warrant or represent that your use of Content or any other materials displayed on this Web Site will not infringe rights of third parties.
If you believe that any Content on this Web Site violates or infringes upon your intellectual property rights pursuant to Title 17, United States Code, Section 512(c)(2), please notify us immediately at Support with all specifics necessary for us to consider and respond to your complaint. You may be asked to provide additional information and follow additional procedures for us to act on your complaint.
Trademarks and Service Marks
The names, logos, taglines and other marks identifying any Company products or services are proprietary marks of a Company affiliate. The domain name for this Web Site, the Company logos, all page headers, custom graphics, and button icons are service marks, trademarks, logos, and/or trade dress of Company member companies and agencies or their affiliates. All other trademarks, service marks, trade dress, product names, company names or logos, whether registered or not, on the Web Site are the property of their respective owners. In addition to complying with all applicable laws, you agree that you will not use any such trademarks, service marks, trade dress, or other logos from this Web Site without the prior written authorization of Company.
Ownership of Information Submitted via this Web Site
With the exception of any personal data or information you submit (which shall be maintained in accordance with our Privacy Statement), any information you transmit to Company via this Web Site, whether by direct entry, submission, electronic mail or otherwise, including data, questions, comments, or suggestions, will be treated as non-confidential and non-proprietary and will become the property of Company or its affiliates. Such information may be used for any purpose, including, but not limited to, reproduction, solicitations, disclosure, transmission, publication, broadcast, and posting. Company or its affiliates shall be free to use any ideas, concepts, know-how, or techniques contained in any communication you send via this Web Site or by any other means for any purpose whatsoever, including, but not limited to, developing and marketing products using such information.
Connection Requirements
You are responsible for providing and maintaining, at your own risk, option and expense, any hardware, software, and communication lines required to access and use this Web Site, and Company reserves the right to change the access configuration of this Web Site at any time without prior notice.
Prohibited Use
Any use or attempted use of this Web Site (i) for any unlawful, unauthorized, fraudulent or malicious purpose, or (ii) that could damage, disable, overburden, or impair any server, or the network(s) connected to any server, or (iii) interfere with any other party's use and enjoyment of the Web Site, or (iv) to gain unauthorized access to any other accounts, computer systems or networks connected to any server or systems through hacking, password mining or any other means, or (v) to access systems, data or information not intended by Company to be made accessible to a user, or (vi) attempt to obtain any materials or information through any means not intentionally made available by Company, or (vii) any use other than the business purpose for which it was intended, is prohibited.
In addition, in connection with your use of the Web Site, you warrant that you will not:
- Upload or transmit any message, information, data, text, software or images, or other content ("Material") that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, or otherwise objectionable, or that may invade another's right of privacy or publicity;
- Create a false identity for the purpose of misleading others or impersonate any person or entity, including, but not limited to, any Company representative, or falsely state or otherwise misrepresent your affiliation with a person or entity;
- Upload or transmit any Material that you do not have a right to reproduce, display or transmit under any law or under contractual or fiduciary relationships (such as nondisclosure agreements or intellectual property laws);
- Upload files that contain viruses, trojan horses, worms, time bombs, cancel-bots, corrupted files, or any other similar software or programs that may damage the operation of another's computer or property of another;
- Modify, falsify, or delete any attributions, legends, marks, notices, or any other proprietary designation of the origin or source of any material (including Content) appearing on the Web Site;
- Copy, transmit, reproduce, modify, create derivative works of, distribute or in any way exploit any information, Content, component or other material obtained through the Web Site (other than as expressly permitted by these Terms of Use);
- Violate, attempt to violate or assist, intentionally, negligently or otherwise, in any violation of the confidentiality or security of any information provided to Company by other Web Site users;
- Use any data mining, scraper, robot, spider, or similar data gathering and extraction tool, or manual process to monitor or copy the Web Site pages or the Content contained therein without the prior, express written permission of Company;
- Violate or facilitate any violation of any applicable local, state, federal, or international law, statute, regulation, code, or ordinance, including, without limitation, regulations promulgated by or the rules of any national or other securities exchange.
- Use the Web Site’s communication features in a manner that adversely affects the availability of its resources to other users (e.g., excessive shouting, use of all caps, or flooding continuous posting of repetitive text);
- Upload or transmit any unsolicited advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes" or any other form of solicitation, commercial or otherwise;
- Delete or revise any Material posted by any other person or entity; or
- Register, subscribe, attempt to register, attempt to subscribe, unsubscribe, or attempt to unsubscribe, any party for any product or service if you are not expressly authorized by such party to do so.
Company reserves the right to take whatever lawful actions it may deem appropriate in response to actual or suspected violations of the foregoing, including, but not limited to, the suspension or termination of the user's access and/or account. Upon termination, you must immediately leave this Web Site and destroy any downloaded or printed materials. Company may cooperate with legal authorities and/or third parties in the investigation of any suspected or alleged crime or civil wrong. Except as may be expressly limited by the Privacy Statement, Company reserves the right at all times to disclose any information as Company deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or Materials, in whole or in part, in Company’s sole discretion.
Right to Monitor
Company neither actively monitors general use of this Web Site under normal circumstances nor exercises editorial control over the content of any third party's web site, electronic mail transmission, news group, or other material created or accessible over or through this Web Site. However, Company does reserve the right to monitor such use at any time as it deems appropriate and to remove any materials that, in Company’s sole discretion, may be illegal, may subject Company or any of its affiliates to liability, may violate this Terms of Use or are, in the sole discretion of Company, inconsistent with Company’s purpose for this Web Site. Furthermore, Company reserves the right to expel users and prevent their further access to the Web Site for violating these Terms of Use.
Hyperlinks to Third Party Web sites
This Web Site may contain hyperlinks to other sites and content owned and operated by parties other than Company. Such hyperlinks and content are provided only for ready reference and ease of use. We do not control such web sites and cannot be held responsible for their content or accuracy and do not endorse these sites unless we specifically so state. In the event this Web Site provides hyperlinks to or content from other web sites that are not owned, operated or maintained by Company or its affiliates, you acknowledge and agree that neither Company nor any of its affiliates is responsible for or is liable for the content, products, services, or other materials on or available from such web sites. We accept no liability for any information, products, advertisements, content, services, or software accessible through these third party web sites or for any action you may take as a result of linking to any such web site. Any such web sites are likely to set forth specific terms of use and privacy policies that you should review. Company is under no obligation to maintain any link on this Web Site and may remove a link at any time in its sole discretion for any reason whatsoever. Neither Company nor its affiliates shall be responsible or liable, directly or indirectly, for any damages or losses caused or alleged to be caused by or in connection with the use of or reliance on such content, products, services or other materials available on or through any such web site. Company is not responsible for the privacy practices of any other web sites.
Industry Research
The information that appears on the Industry Research pages of this Web Site may not be current and should not be relied upon for any reason without first independently verifying the data. We undertake no obligation to update, correct, or supplement any of such information. Company has used reasonable efforts in collecting, preparing, and providing quality information and material, but makes no warranty or guarantee about the accuracy, completeness, or adequacy of the information contained in or linked to this Web Site or any other Web Site maintained by Company. Users relying on information from this Web Site do so at their own risk.
Access to the Industry Research pages is made available with the understanding that no affiliate or employees of Company, nor any third party whose content may be made available, is engaged in rendering insurance, financial, coverage, investment, legal, accounting, or other professional advice. If you require professional advice or other expert assistance, you must not rely on information provided on this Web Site. Consult your own competent, professional advisors for such advice or assistance.
We offer this Web Site as a service for the Internet community. The views expressed on this Web Site are not necessarily those of Company or any of our affiliates.
No Company Editorial Control of Third Party Content; No Statement as to Accuracy
To the extent that any of the Content included in the Web Site is provided by third party content providers, Company has no editorial control or responsibility over such Content. Therefore, any opinions, statements, services, or other information expressed or made available by third party suppliers on this Web Site are those of such third party suppliers. Company does not represent or endorse the accuracy or reliability of any opinion, statement or other information provided by any third party, or represent or warrant that your use of the Content displayed on this Web Site or referenced content or service providers will not infringe rights of third parties not owned by or affiliated with Company. You acknowledge that any reliance on material posted by other users will be at your own risk. Statements posted on the Web Site by other users shall not be attributable to Company, nor shall Company have any liability or responsibility in connection with such postings.
Modification to Content
Company may, at its discretion, modify or discontinue any of the Content, or any portion thereof, with or without notice. Company will not be liable to you or any third party for any modification or discontinuance of any of the Content.
Disclaimer and Limitation of Liability
YOUR USE OF THIS WEB SITE IS AT YOUR SOLE RISK. ALL SERVICES AND CONTENT ARE PROVIDED ON AN "AS IS" OR "AS AVAILABLE" BASIS, AND COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. COMPANY MAKES NO WARRANTY THAT THE WEB SITE AND CONTENT ARE ACCURATE, TIMELY, UNINTERRUPTED, VIRUS-FREE OR ERROR-FREE, OR THAT ANY SUCH PROBLEMS WILL BE CORRECTED.
YOU UNDERSTAND AND AGREE THAT NEITHER COMPANY NOR ANY OF ITS AFFILIATES WILL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PRODUCTS, USE, DATA OR OTHER INTANGIBLE LOSSES, EVEN IF COMPANY OR ANY OF ITS AFFILIATES HAS BEEN ADVISED OF THE POSSIBILITIES OF THOSE DAMAGES, RESULTING FROM YOUR USE OR INABILITY TO USE THE WEB SITE OR CONTENT, THE COST OF OBTAINING SUBSTITUTE PRODUCTS AND SERVICES RESULTING FROM ANY LOSS OF DATA, INFORMATION, PRODUCTS OR SERVICES OBTAINED FROM PURCHASES OR TRANSACTIONS ENTERED INTO THROUGH THE WEB SITE, OR STATEMENT OR CONDUCT OF ANY THIRD PARTY, OR ANY OTHER MATTER RELATED TO THE WEB SITE OR CONTENT. YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE WEB SITE IS PREDICATED UPON YOUR WAIVER OF ANY RIGHT TO SUE COMPANY OR ANY OF ITS AFFILIATES DIRECTLY OR TO PARTICIPATE IN A CLASS ACTION SUIT FOR ANY LOSSES OR DAMAGES RESULTING FROM YOUR USE OF THE WEB SITE.
SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES; THEREFORE, SOME OF THE LIMITATIONS ABOVE MAY NOT APPLY TO YOU.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
Electronic Communications
When you visit this Web Site or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this Web Site. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing and delivered.
Safe Harbor Statement
This Web Site may from time to time contain forward-looking statements within the meaning of The Private Securities Litigation Reform Act of 1995. That Act provides a statutory "safe harbor" for forward-looking statements. Any written or oral statements made by or on behalf of Company’s ultimate parent company, or any of its subsidiaries or operating divisions reflect current views with respect to future events and financial performance. These forward-looking statements are subject to uncertainties and inherent risks that could cause actual results to differ materially from those contained in any forward-looking statement.
Indemnity
You agree to indemnify and hold harmless Company, and each of its affiliates and their directors, officers, employees, agents, licensors, attorneys, independent contractors, and providers, (collectively, the "Company Indemnitees") from and against any and all claim, loss, expense, or demand or liability, including attorneys' fees and costs, incurred by the Company Indemnitees arising out of (i) any claim by a third party relating to the posting, distribution, modification or alteration by you of any Content, or (ii) your use of this Web Site in violation of these Terms of Use or in violation of any applicable law.
Web Site Privacy Statement
Our Web Site Privacy Statement describes the details of Company’s information practices and procedures for personal information we collect at this Web Site. We urge you to read our Web Site Privacy Statement.
Security
Company takes appropriate technical and organizational measures against unauthorized or unlawful processing of personal data and against accidental loss or destruction of, or damage to, personal data. However, although Company takes appropriate measures to protect the security of the information communicated through this Web Site, the Internet is an open network that is not secure and there is an inherent risk that any transmission via the Internet may be intercepted, modified, misdirected, or not be delivered to the intended recipient. In addition, there is also an inherent risk that information stored on a computer connected to the Internet may be accessed without authorization. As no Internet-connected computer system can be made absolutely secure from intrusion, neither Company nor its affiliates can or does guarantee that information displayed on the Web Site has not been modified by others without authorization or that information communicated by you to us will be received or that it will not be altered before or after its transmission. Please see the “Privacy Statement” page of this Web site.
Password Accounts and Passwords
If you have been given the option to open an account on this Web Site which will provide you with access to password-protected portions of the Web Site and you elect to do so, you must complete the registration process by providing us with current, complete, and accurate information as prompted by the applicable registration form, and choose a password and user name. You are entirely responsible for maintaining the confidentiality of your password and account and for any and all activities that occur under your account. You agree to (a) immediately notify Company of any unauthorized use of your account or any other breach of security of which you become aware, and (b) exit completely from your account at the end of each online session. Company will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by Company or another party due to someone else using your account or password. You may not use anyone else's account at any time, without the permission of the account holder.
General
Entire Agreement – These Terms of Use, the Privacy Statement, and other policies Company may post on this Web Site constitute the entire agreement between Company and you in connection with your use of this Web Site and the Content, and supersedes any prior agreements between Company and you regarding use of this Web Site, including prior versions of these Terms of Use. Company may update these Terms of Use from time to time by posting revised Terms of Use on this Web Site, without notice to you, and your subsequent use of the Web Site indicates your acceptance of and is governed by those new Terms of Use. These Terms of Use are effective until terminated or updated by Company, at any time without notice. In the event of termination, the disclaimers and limitations of liabilities set forth in the Terms of Use will survive. These Terms of Use will be deemed to include all other notices, policies, disclaimers and other terms contained in this Web Site; provided, however, that in the event of a conflict between such other terms and the terms of these Terms of Use, these Terms of Use will control.
Severability – To the maximum extent possible, each of the disclaimers and each of the provisions of the Terms of Use shall be interpreted in such a manner as to be valid and enforceable under applicable law. If any provision hereunder is held to be invalid or unenforceable under applicable law, such provision shall be deemed modified so as to be rendered valid and enforceable while implementing, to the greatest extent possible, the original intent of such provision. If such reformation is not possible or permitted, the invalidity or unenforceability of such a provision shall not otherwise impact the validity or enforceability of the remaining provisions hereunder.
No Waiver – No waiver of any term or condition herein shall be deemed a further or continuing waiver of such term or condition or any other term or condition.
Governing Law – The Terms of Use are governed by the laws of the State of Texas, USA and controlling United States Federal Law without regard to any conflicts of law provisions. Company and you each consent to the exclusive jurisdiction of the state and federal courts having jurisdiction in Dallas County, Texas.
Remedies – You agree that any violation, or threatened violation, by you of these Terms of Use constitutes an unlawful and unfair business practice that will cause us irreparable and unquantifiable harm. You also agree that monetary damages would be inadequate for such harm and consent to our obtaining any injunctive or equitable relief that we deem necessary or appropriate. These remedies are in addition to any other remedies we may have at law or in equity.
Contacting Us
If you have any questions about these Terms of Use, please write to Company at Support.