BY CONNECTING TO AND USING THIS WEB SITE, 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
Burlington Insurance Group, Inc., Guilford Specialty Group, Inc., First Financial
Insurance Company, The Burlington Insurance Company, Alamance Insurance Company,
Guilford Insurance Company, Alamance Services Incorporated and their respective
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 web site, items provided to you
in connection with this web site, and items obtained by you from or through any
of the foregoing (this web site 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 reproduce, use and disclose each Provided
Item if, and to the extent, that such reproduction, use and disclosure is (i) reasonably
necessary to permit you to do business with us or (ii) expressly authorized in such
Provided Item or elsewhere in this web site.
Except as may be expressly authorized in these terms of use, in a Provided Item,
elsewhere in this web site 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, 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. 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 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.
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.
Do not rely upon any other web site for underwriting. We do not endorse, and we
do not require you to use, any web site linked to or from this web site.
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.
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 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.
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.
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
web site to review the then current terms of use.
Privacy Policy. You are bound by the privacy policy set forth elsewhere
on this web site, 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 web site 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 web site as defined in such insurance
policy documents. Capitalized terms used in this web site, but not otherwise defined
in this web site or in any applicable insurance policy documents, are used in this
web site as normally used in the insurance industry. Definitions contained in other
web sites (including, but not limited to, other web sites that are linked to or
linked from this web site) are irrelevant to, and shall not be considered when,
determining the meaning of any terms used in this web site.
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.
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.