Terms Of Use
BY CONNECTING TO AND USING THIS WEBSITE, YOU AND YOUR COMPANY, IF ANY (COLLECTIVELY, "YOU"), AGREE TO THE FOLLOWING TERMS OF USE:
Limited License. Solely for the purpose of doing business with Alamance Insurance Company, The Burlington Insurance Company, First Financial Insurance Company, Guilford Insurance Company, and their respective affiliates, successors and assigns (collectively, "us", "our" or "we"), you are granted access to the following items (including, but not limited to, information, materials, goods and services): items provided to you by us, this website, items provided to you in connection with this website, and items obtained by you from or through any of the foregoing (this website and all such other items, collectively, the "Provided Items"). Subject to these terms of use, we grant to you a personal, limited, non-transferable, non-exclusive, revocable license, without the right to sublicense, solely for the purpose of doing business with us, to the extent, that such use is (i) reasonably necessary to permit you to do business with us or (ii) expressly authorized in such Provided Item or elsewhere in this website.
Except as may be expressly authorized in these terms of use, in a Provided Item, elsewhere in this website or in any of the Other Agreements (as defined below), you shall not, and have no right or power to or to authorize or to permit other persons or entities (including, but not limited to, consultants, facilities managers, outsourcers and third party repair companies) to do any one or more of the following: (i) copy, use, operate, access, disclose, transmit, upload, repost, deliver, discuss, license, sublicense, reproduce, amend, modify, change, supplement (including, but not limited to, by combining with any other item or otherwise), prepare derivative works based upon, distribute, display publicly, sell, offer to sell, destroy, index, link, frame or otherwise utilize any Provided Items; (ii) disclose any Provided Items to any person or entity; (iii) reverse engineer, decompile or disassemble any Provided Items, or attempt to do so, or take any other action the intent or likely result of which would be to reveal or reconstruct all or any portion of the design of any Provided Items (including, but not limited to, the source code for all or any portion of any applicable computer program); (iv) use any Provided Items for any purpose; (v) take any action, or omit to take any action, with respect to any Provided Item that constitutes a breach of any of the Other Agreements (as defined below) or that violates any applicable law; or (vi) use any Provided Item if (a) you know such Provided Item has one or more defects and (b) it is reasonably foreseeable that use of such Provided Item with such defect(s) might damage us, the persons and entities that control, are controlled by or are under common control with, any of us, and the shareholders, partners, members, directors, officers, employees and licensors of the foregoing (all of us and such other persons and entities, collectively, the "Related Persons"). Unauthorized exploitation of copyrighted works, patented inventions, trade marks, service marks and/or trade secrets may expose you to severe civil and criminal penalties.
If at any time you are aware, or you become aware, that (i) any person or entity possesses or has access to any Provided Item (including, but not limited to, a password or access code) obtained from you, obtained through you or obtained because such person or entity once was one of you and (ii) such person or entity is not one of you (because such Person never was, or has ceased to be, one of you), then (a) you shall immediately terminate the ability of such person or entity to utilize such Provided Item (including, if such item includes a password or access code, terminating the ability of such person or entity to utilize such password or access code) and (b) if you are unable to accomplish the foregoing directly, you shall immediately notify us of such circumstance so that we may take such actions as we may deem necessary or convenient to prevent such person or entity from utilizing such Provided Item.
Other Agreements Unaffected. Notwithstanding anything to the contrary elsewhere in these terms of use, nothing in these terms of use shall amend or change any of your rights, benefits, duties or obligations arising out of, in connection with or in any way related to, any signed, written agreement with any Related Persons by which you are bound (collectively, "Other Agreements", if any). If you are or become bound by an Other Agreement, then as between you and the Related Persons that are parties to such Other Agreement: (a) the subject matter of such Other Agreement shall be governed by such Other Agreement; and (b) such Other Agreement shall not be amended, supplemented, added to, deleted, replaced or otherwise changed in any way, in whole or in part, by these terms of use or the Provided Items.
Disclaimers. TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW, THE PROVIDED ITEMS ARE PROVIDED TO YOU ON AN "AS-IS" BASIS. NO REPRESENTATION OR WARRANTY, EXPRESS, IMPLIED OR OTHERWISE, IS MADE OR GIVEN TO YOU BY ANY OF THE RELATED PERSONS ARISING OUT OF, IN CONNECTION WITH OR IN ANY WAY RELATED TO THE PROVIDED ITEMS (INCLUDING, BUT NOT LIMITED TO, ANY REPRESENTATION OR WARRANTY CONCERNING THE ADEQUACY, ACCURACY, COMPLETENESS, QUALITY, SPEED, AVAILABILITY, REASONABLENESS OR CORRECTNESS OF THE PROVIDED ITEMS, THE ABILITY OF ANY PERSON OR ENTITY TO USE ANY PROVIDED ITEMS IN THE CONDUCT OF ITS BUSINESS OR OTHERWISE, THE RELIABILITY OR SECURITY OF THE INTERNET, THE ABSENCE OF COMPUTER VIRUSES OR OTHER MALWARE OR ANY OTHER ASPECT OR ATTRIBUTE OF THE PROVIDED ITEMS). NONE OF THE RELATED PERSONS MAKES OR GIVES TO YOU ANY REPRESENTATION OR WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT CONCERNING THE PROVIDED ITEMS. TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW, NONE OF THE RELATED PERSONS SHALL HAVE ANY DUTIES, OBLIGATIONS OR LIABILITIES WHATSOEVER TO YOU ARISING OUT OF, IN CONNECTION WITH OR IN ANY WAY RELATED TO THE PROVIDED ITEMS (INCLUDING, BUT NOT LIMITED TO, ANY ARISING OUT OF, IN CONNECTION WITH OR IN ANY WAY RELATED TO, ANY ERRORS OR DEFECTS IN THE PROVIDED ITEMS, ANY OMISSIONS FROM THE PROVIDED ITEMS, ANY USE OR PERFORMANCE OF THE PROVIDED ITEMS, ANY INABILITY TO USE THE PROVIDED ITEMS, THE INTERNET'S UNRELIABILITY OR LACK OF SECURITY, THE PRESENCE OF COMPUTER VIRUSES OR OTHER MALWARE OR ANY OTHER ASPECT OR ATTRIBUTE OF THE PROVIDED ITEMS). YOU ARE NOT ENTITLED TO RELY ON THE PROVIDED ITEMS OR THE ADEQUACY, ACCURACY, COMPLETENESS, QUALITY, SPEED, AVAILABILITY, REASONABLENESS, CORRECTNESS OR ANY OTHER ASPECT OR ATTRIBUTE OF THE PROVIDED ITEMS. IF ANY OF THE RELATED PERSONS RENDERS ADVICE OR SERVICES TO YOU, THAT FACT SHALL NOT ALTER OR AFFECT THE PROVISIONS OF THIS DISCLAIMER OR CREATE ANY DUTY, OBLIGATION OR LIABILITY ON THE PART OF ANY RELATED PERSONS. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, NONE OF THE RELATED PERSONS REPRESENTS OR WARRANTS TO YOU THAT THE PROVIDED ITEMS WILL MEET YOUR REQUIREMENTS, THAT THE PROVIDED ITEMS WILL OPERATE AS DESIRED BY YOU, THAT THE PROVIDED ITEMS WILL OPERATE PROPERLY OR SAFELY, EITHER ALONE OR IN COMBINATION WITH OTHER ITEMS, THAT THE PROVIDED ITEMS ARE FREE OF ERRORS OR DEFECTS OR THAT ANY ERRORS OR DEFECTS IN THE PROVIDED ITEMS WILL BE DETECTED, REPORTED OR CORRECTED.
Insurance Policies. If any of First Financial Insurance Company, The Burlington Insurance Company, Alamance Insurance Company or Guilford Insurance Company (collectively, the "Affiliated Insurance Companies") issues an insurance policy, then (i) such insurance policy shall be an obligation only of the Affiliated Insurance Company that issued it, (ii) except for the Affiliated Insurance Company that issued such insurance policy, none of the Related Persons shall have any duties, obligations or liabilities arising out of, in connection with or in any way related to such insurance policy and (iii) such insurance policy shall not be amended, supplemented, added to, deleted, replaced or otherwise changed in any way, in whole or in part, by these terms of use or the Provided Items.
All risks placed with any of the Affiliated Insurance Companies must be placed in accordance with all applicable law. This website may contain information for products that are not available to you. Nothing in this website constitutes an offer to sell, or a solicitation of an offer to buy, any insurance policy. Insurance policies issued by the Affiliated Insurance Companies may only be obtained through an agent or broker licensed in the jurisdiction in which the insurance policy is issued. Please direct your questions to your local insurance professional.
Links To Other Websites. This website contains links to other websites operated for one or more of us, as well as to certain websites that are not operated for any of us. Please be aware that different terms of use can apply to those websites, including websites operated for one or more of us, and you can find those terms of use at those websites. Access to any other websites linked to or from this website is at your own risk. None of the Related Persons is responsible for the terms of use of websites that are not operated for it. Only the Related Persons for which a website is operated are responsible for the terms of use of such website. We encourage you to be aware when you leave this website and to read the terms of use of each and every website that you visit. None of the Related Persons assumes any responsibility for websites that are not operated for it. For example, none of the Related Persons: (i) vouches for the accuracy or reliability of the information on websites that are not operated for it, even if Related Persons are quoted or leave a comment on such websites; (ii) assumes any responsibility for the content of, or services offered by, websites that are not operated for it; or (iii) makes any representations regarding the accuracy or reliability of materials on websites that are not operated for it. Statements made on websites linked to or from this website reflect only the views of their authors and not the views of Related Persons that did not directly and expressly make such statements. Do not rely upon any other website for underwriting. We do not endorse, and we do not require you to use, any website linked to or from this website.
Limitation Of Liability. TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW, NONE OF THE RELATED PERSONS SHALL HAVE ANY LIABILITY WHATSOEVER TO YOU (AND YOU HEREBY WAIVE ANY CLAIMS YOU MIGHT OTHERWISE HAVE AGAINST ANY RELATED PERSONS) ARISING OUT OF, IN CONNECTION WITH OR IN ANY WAY RELATED TO THE PROVIDED ITEMS (INCLUDING, BUT NOT LIMITED TO, DAMAGES OF ANY KIND, WHETHER DIRECT OR INDIRECT AND REGARDLESS OF THE FORM OF ACTION OR THEORY OF LIABILITY, INCLUDING, BUT NOT LIMITED TO, CONTRACT, TORT, NEGLIGENCE, MISREPRESENTATION, BREACH OF WARRANTY, BREACH OF DUTY OR ANY OTHER LEGAL OR EQUITABLE GROUNDS).
REGARDLESS OF THE FORM OF ACTION OR THEORY OF LIABILITY, IN NO EVENT SHALL ANY RELATED PERSONS BE LIABLE FOR, AND YOU HEREBY WAIVE ANY CLAIMS YOU MIGHT OTHERWISE HAVE TO BE COMPENSATED BY ANY RELATED PERSONS FOR, ANY DIRECT, COMPENSATORY, RELIANCE, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, ANY SUCH DAMAGES ARISING OUT OF, IN CONNECTION WITH OR IN ANY WAY RELATED TO THE PROVIDED ITEMS, THESE TERMS OF USE, ANY LOSS OF USE, LOSS OF DATA, LOSS OF PROFITS, LOSS OF SAVINGS, LOSS OF GOODWILL, PECUNIARY LOSS, LOSS OF BUSINESS, BUSINESS INTERRUPTION OR CLAIMS OF THIRD PARTIES), IN EACH CASE EVEN IF SOME OR ALL OF THE RELATED PERSONS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WE ARE NOT LIABLE FOR, AND ASSUME NO LIABILITY FOR, ANY DAMAGES FROM ANY VIRUSES OR OTHER ISSUES RESULTING FROM YOUR USE OR ACCESS TO THIS WEBSITE, INCLUDING, BUT NOT LIMITED TO DOWNLOADING ANY PROVIDED ITEMS.
NONE OF THE RELATED PERSONS SHALL HAVE ANY DUTIES, OBLIGATIONS, OR LIABILITIES TO YOU UNLESS AND UNTIL IT EXPRESSLY AGREES IN WRITING TO ASSUME THEM.
IN ADDITION, IN NO EVENT SHALL THE TOTAL AGGREGATE LIABILITY OF ANY OF THE RELATED PERSONS TO YOU ARISING OUT OF, IN CONNECTION WITH OR IN ANY WAY RELATED TO THE PROVIDED ITEMS EXCEED FIVE HUNDRED DOLLARS ($500).
Change In Website. Information and materials on this website and the manner in which this website functions may be changed or updated at any time and from time to time without notice to you.
Use Of Website. In the course of connecting to or using this website, you may access facilities provided by us, including, but not limited to, information processing and telecommunications systems and storage media. You acknowledge and agree that such facilities are provided solely for the purpose of conducting business with us and will not be used by you for any other purposes. Accordingly, you shall not, and you shall not permit any other persons or entities to, use any such facilities for any purpose other than conducting business with us.
In addition, you shall not, and you shall not permit other persons or entities to, directly or indirectly: (i) access any such facility in any unusual way unless such access is explicitly authorized in advance and in writing by us and such authorization has not been withdrawn; (ii) alter, delete or add to any software, data or equipment in any way related to any such facility (collectively, to "Modify" such facility); (iii) disrupt or otherwise adversely affect or Modify any such facility in any way that might disrupt or otherwise adversely affect (a) the operation of any such facility, (b) the integrity of any software, data or equipment in any way related to any such facility or (c) the security of any such facility, or (iv) export, or re-export from any country, any of the Provided Items or any products of the Provided Items. Without limiting the generality of the foregoing, you shall not, and you shall not permit other persons or entities to, install or use on any such facility any computer virus or other malware.
Ownership Of Content And Intellectual Property. We own this website. All content, icons, trademarks, logos, service marks, trade names, data, graphics, specifications, applications, files, guides, manuals, methodologies, technologies, software, source code, object code, and other intellectual property ("Intellectual Property") are either owned by, licensed by or proprietary to us. Except as otherwise provided herein, your use of this website in no way transfers any ownership or other rights to any of our Intellectual Property. All unpermitted use is strictly prohibited. Unless otherwise provided herein, any information, except for personal data, which you transmit to us through this website via any means shall not be treated as confidential or proprietary and will become our property.
Avoidance Of Infringement. You shall not, and you shall not permit other persons or entities to, disclose to any Related Persons any information or materials that (i) contain confidential information of any person or entity other than such Related Person's own confidential information or (ii) are otherwise subject to any limitations on disclosure or use.
Passwords And Access Codes. You shall not share your passwords or access codes for this website with anyone. You are responsible for the security of your passwords and access codes. You are responsible for any and all use of your passwords and/or access codes by anyone. You acknowledge and agree that any and all interactions with this website using your passwords and/or access codes shall be deemed to be interactions by you and shall be binding upon you.
Indemnification. YOU SHALL INDEMNIFY US AND HOLD US HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, ACTIONS, SUITS, PROCEEDINGS, DEMANDS, ASSESSMENTS, JUDGMENTS, DETERMINATIONS, LIABILITIES, OBLIGATIONS, LOSSES, DAMAGES (INCLUDING, BUT NOT LIMITED TO, PUNITIVE DAMAGES), FINES, PENALTIES, FEES, COSTS AND EXPENSES, AS INCURRED, INCLUDING, BUT NOT LIMITED TO, ATTORNEYS' FEES AND EXPENSES AND TAXES AND RELATED INTEREST, PENALTIES AND OTHER FEES (COLLECTIVELY, "CLAIMS"), ARISING OUT OF, IN CONNECTION WITH OR IN ANY WAY RELATED TO (i) ANY OBLIGATION, ACT, OMISSION OR MISREPRESENTATION ON THE PART OF YOU OR ANY OTHER PERSON FOR WHOM OR FOR WHICH YOU MAY BE RESPONSIBLE, (ii) ANY BREACH OF THESE TERMS OF USE OR ANY OTHER AGREEMENT, (iii) ANY CLAIMS BY ANY PERSON ARISING OUT OF, IN CONNECTION WITH OR IN ANY WAY RELATED TO THE USE OF PROVIDED ITEMS BY YOU OR (iv) EXCEPT AS MAY BE PROVIDED TO THE CONTRARY IN AN OTHER AGREEMENT, ANY ERRORS IN ANY POLICY DOCUMENTS PRODUCED BY YOU (INCLUDING, BUT NOT LIMITED TO, ERRORS ARISING OUT OF, IN CONNECTION WITH OR IN ANY WAY RELATED TO PROVIDED ITEMS). WE MAY, IN OUR SOLE AND ABSOLUTE DISCRETION, UNDERTAKE THE DEFENSE OF ANY CLAIMS IN RESPECT OF WHICH INDEMNIFICATION MAY BE SOUGHT AND, IF SO UNDERTAKEN, SUCH DEFENSE SHALL BE UNDER OUR SOLE AND ABSOLUTE CONTROL. YOU SHALL COOPERATE FULLY AND ASSIST FULLY IN THE DEFENSE OF ANY SUCH CLAIMS.
Governing Law; Consent To Jurisdiction. THESE TERMS OF USE SHALL BE GOVERNED BY, AND INTERPRETED, CONSTRUED AND ENFORCED IN ACCORDANCE WITH, THE INTERNAL LAWS OF THE STATE OF CONNECTICUT, WITHOUT REGARD TO THE CONFLICT OF LAWS PRINCIPLES OF CONNECTICUT OR ANY OTHER JURISDICTION. YOU SHALL SUBMIT TO THE JURISDICTION OF ANY COURT CHOSEN BY US, IN OUR SOLE AND ABSOLUTE DISCRETION, INCLUDING, BUT NOT LIMITED TO, THE FEDERAL COURT FOR THE DISTRICT OF CONNECTICUT AND THE SUPERIOR COURT OF THE STATE OF CONNECTICUT IN AND FOR HARTFORD COUNTY, CONNECTICUT, FOR ANY ACTION, PROCEEDING OR LITIGATION (COLLECTIVELY, "LITIGATION") ARISING OUT OF, IN CONNECTION WITH OR IN ANY WAY RELATED TO THESE TERMS OF USE. YOU SHALL NOT COMMENCE ANY SUCH LITIGATION EXCEPT IN THE AFOREMENTIONED FEDERAL COURT OR, IF JURISDICTION IS DETERMINED BY SUCH FEDERAL COURT NOT TO LIE THERE, THEN IN THE AFOREMENTIONED CONNECTICUT COURT. SERVICE OF ANY PROCESS, SUMMONS, NOTICE OR DOCUMENT BY U.S. REGISTERED MAIL TO YOU SHALL BE EFFECTIVE SERVICE FOR ANY SUCH LITIGATION. YOU SHALL NOT OBJECT IN ANY WAY TO THE LAYING OF VENUE OF ANY SUCH LITIGATION IN ANY COURT CHOSEN BY US, INCLUDING, BUT NOT LIMITED TO, BY PLEADING, CLAIMING OR OFFERING AS A DEFENSE, THAT ANY SUCH LITIGATION HAS BEEN BROUGHT IN AN INCONVENIENT FORUM. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU HEREBY WAIVE ANY RIGHT YOU MAY OTHERWISE HAVE TO A TRIAL BY JURY IN CONNECTION WITH ANY SUCH LITIGATION. EACH OF YOU AND WE HEREBY (i) ACKNOWLEDGES AND AGREES THAT ANY PROVISIONS OF ANY LAW ADOPTING EXACTLY OR IN MODIFIED FORM THE UNIFORM COMPUTER INFORMATION TRANSACTIONS ACT SHALL NOT BE APPLICABLE TO, AND SHALL NOT BE A PART OF, THESE TERMS OF USE AND (ii) WAIVES ANY AND ALL RIGHTS ARISING OUT OF ANY SUCH LAW.
Modification Of Terms Of Use. We may, at any time, without notice, amend these terms of use. You ought to visit this page each time you visit this website to review the then current terms of use.
Privacy Policy. You are bound by the privacy policy set forth elsewhere on this website, as the same may change from time to time.
Legal Fees. In the event we engage an attorney or take legal action to enforce any provision of this Agreement against you, then you shall pay, as incurred, the attorney's fees, disbursements, court costs and other fees, expenses and costs arising out of, in connection with or in any way related to such enforcement.
Defined Terms. Capitalized terms used, but not otherwise defined, in this website that are defined in applicable insurance policy documents (including, but not limited to, applications, declarations, policies, forms, endorsements, riders, exclusions, cancelations, etc.) are used in this website as defined in such insurance policy documents. Capitalized terms used in this website, but not otherwise defined in this website or in any applicable insurance policy documents, are used in this website as normally used in the insurance industry. Definitions contained in other websites (including, but not limited to, other websites that are linked to or linked from this website) are irrelevant to, and shall not be considered when, determining the meaning of any terms used in this website.
Severability; Enforcement. The provisions of these terms of use are severable and the unenforceability of any provision of these terms of use shall not affect the enforceability of any other provision of these terms of use. In addition, in the event that any provision of these terms of use (or portion thereof) is determined by a court of competent jurisdiction to be unenforceable as drafted by virtue of the scope, duration, extent or character thereof or otherwise, such provision (or portion thereof) shall be construed in a manner designed to effectuate the purposes of such provision (or portion thereof) to the maximum extent enforceable under applicable law. Any failure by us to enforce any provision of these terms of use shall not constitute a waiver or release of such provision and shall not limit or restrict in any way our right thereafter to enforce each and every provision of these terms of use.
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