BY CONNECTING TO AND USING THIS WEB SITE, YOU AND YOUR COMPANY, IF ANY (COLLECTIVELY,
"YOU"), AGREE TO THE FOLLOWING TERMS OF USE:
Disclaimers. THIS WEB SITE AND ALL ITEMS (INCLUDING, BUT NOT LIMITED
TO, INFORMATION, MATERIALS, GOODS AND SERVICES) PROVIDED TO YOU VIA OR IN CONNECTION
WITH THIS WEB SITE (THIS WEB SITE AND ALL SUCH ITEMS COLLECTIVELY, 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 (i) BURLINGTON
INSURANCE GROUP, INC., GUILFORD SPECIALTY GROUP, INC., FIRST FINANCIAL INSURANCE
COMPANY, THE BURLINGTON INSURANCE COMPANY, ALAMANCE INSURANCE COMPANY, GUILFORD
INSURANCE COMPANY AND ALAMANCE SERVICES INCORPORATED (COLLECTIVELY, "US", "OUR"
OR "WE"), (ii) THE PERSONS AND ENTITIES THAT CONTROL, ARE CONTROLLED BY OR ARE UNDER
COMMON CONTROL WITH, ANY OF US AND (iii) THE SHAREHOLDERS, PARTNERS, MEMBERS, DIRECTORS,
OFFICERS AND EMPLOYEES OF THE FOREGOING (COLLECTIVELY, ALL OF THE PERSONS AND ENTITIES
IDENTIFIED IN CLAUSES (i) THROUGH (iii) ABOVE, INCLUDING US, 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 the Provided Items (including, but not limited to, these terms of use).
All risks placed with any of the Affiliated Insurance Companies must be placed in
accordance with all applicable law. This web site may contain information for products
that are not available to you. Nothing in this web site 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.
Other Agreements. If you are or become a party to any agreement
(other than these terms of use) with any of the Related Persons, then as between
you and such Related Person: (i) the subject matter of such agreement shall be governed
by such agreement; and (ii) such agreement shall not be amended, supplemented, added
to, deleted, replaced or otherwise changed in any way, in whole or in part, by the
Provided Items (including, but not limited to, these terms of use).
Links to Other Web Sites. This web site contains links to other web sites
operated for one or more of us, as well as to certain web sites that are not operated
for any of us. Please be aware that different terms of use can apply to those web
sites, including web sites operated for one or more of us, and you can find those
terms of use at those web sites. Access to any other web sites linked to or from
this web site is at your own risk. None of the Related Persons is responsible for
the terms of use of web sites that are not operated for it. Only the Related Persons
for which a web site is operated are responsible for the terms of use of such web
site. We encourage you to be aware when you leave this web site and to read the
terms of use of each and every web site that you visit. None of the Related Persons
assumes any responsibility for web sites that are not operated for it. For example,
none of the Related Persons: (i) vouches for the accuracy or reliability of the
information on web sites that are not operated for it, even if Related Persons are
quoted or leave a comment on such web sites; (ii) assumes any responsibility for
the content of, or services offered by, web sites that are not operated for it;
or (iii) makes any representations regarding the accuracy or reliability of materials
on web sites that are not operated for it. Statements made on web sites linked to
or from this web site reflect only the views of their authors and not the views
of Related Persons that did not directly and expressly make such statements.
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 ARISING
OUT OF, IN CONNECTION WITH OR IN ANY WAY RELATED TO THE PROVIDED ITEMS (INCLUDING,
BUT NOT LIMITED TO, ANY DAMAGES ARISING OUT OF, IN CONNECTION WITH OR IN ANY WAY
RELATED TO ANY USE OR PERFORMANCE OF THE PROVIDED ITEMS, INABILITY TO USE THE PROVIDED
ITEMS, 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 RELATED PERSONS HAVE BEEN ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES.
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 THE GREATER OF (i) FIVE HUNDRED DOLLARS ($500) AND (ii) THE TOTAL AMOUNTS
RECEIVED BY SUCH RELATED PERSONS FROM YOU FOR PROVIDED ITEMS WITHIN THE THEN IMMEDIATELY
PRECEDING TWELVE (12) MONTHS.
Change In Web Site. Information and materials on this web site
and the manner in which this web site functions may be changed or updated at any
time and from time to time without notice to you.
Use Of Web Site. In the course of connecting to or using this web
site, 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 facilities 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 of such facilities (collectively, to "modify" such facilities);
(iii) disrupt or otherwise adversely affect or modify 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 this web site or any products of this web site. 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,
spyware or malware.
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 web site 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 web site using your passwords and/or access codes shall
be deemed to be interactions by you and shall be binding upon you.
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 NORTH CAROLINA, WITHOUT REGARD TO THE CONFLICT OF
LAWS PRINCIPLES OF NORTH CAROLINA OR ANY OTHER JURISDICTION. YOU HEREBY IRREVOCABLY
AND UNCONDITIONALLY CONSENT TO SUBMIT TO THE JURISDICTION OF THE FEDERAL COURT FOR
THE EASTERN DISTRICT OF NORTH CAROLINA AND THE SUPERIOR COURT IN AND FOR ALAMANCE
COUNTY, NORTH CAROLINA, FOR ANY ACTION, PROCEEDING OR LITIGATION (COLLECTIVELY,
"LITIGATION") ARISING OUT OF, IN CONNECTION WITH OR IN ANY WAY RELATED TO THE PROVIDED
ITEMS. YOU AGREE NOT TO 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 SUCH NORTH CAROLINA COURT. YOU FURTHER AGREE THAT SERVICE OF ANY
PROCESS, SUMMONS, NOTICE OR DOCUMENT BY U.S. REGISTERED MAIL TO YOU SHALL BE EFFECTIVE
SERVICE OF PROCESS FOR ANY SUCH LITIGATION BROUGHT AGAINST YOU IN ANY COURT. YOU
HEREBY IRREVOCABLY AND UNCONDITIONALLY WAIVE ANY OBJECTION TO THE LAYING OF VENUE
OF ANY SUCH LITIGATION IN THE COURT WHERE SUCH LITIGATION IS COMMENCED PURSUANT
TO THIS SECTION. YOU HEREBY IRREVOCABLY AND UNCONDITIONALLY WAIVE AND AGREE NOT
TO PLEAD OR CLAIM IN ANY COURT WHERE ANY SUCH LITIGATION IS BROUGHT, THAT SUCH LITIGATION
HAS BEEN BROUGHT IN AN INCONVENIENT FORUM OR RAISE ANY SIMILAR DEFENSE. TO THE GREATEST
EXTENT LEGALLY PERMITTED, EACH OF YOU AND US HEREBY WAIVES ANY RIGHT YOU OR WE MAY
HAVE TO A TRIAL BY JURY IN RESPECT OF 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 ("UCITA") 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
web site to review the then current terms of use.
Severability. 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.
This web site and its contents are Copyright © 1998 through the present year, Alamance
Services Incorporated. All rights reserved. The oval with checkmarks logo and the
checkmarks background are service marks that are licensed to Alamance Services Incorporated.
None of the Related Persons grants to you any license whatsoever with respect to
any copyright, except that you may (i) view this web site for yourself, for a reasonable
period, on one display screen of a single computer system and (ii) make such machine
readable copies of this web site as are reasonably necessary to permit such viewing
provided that such copies are deleted within a reasonable period after such viewing.
Unauthorized exploitation of copyrighted works may expose you to severe civil and
criminal penalties.
Confidentiality. You are granted access to this web site, and to information and
materials obtained from or through this web site, solely for the purpose of doing
business with us. Subject to the provisions of any other binding, written agreement(s)
among you and us, you shall not use or disclose any non-public information or materials
that you obtain directly or indirectly from or through this web site, except for
the purpose of doing business with us.