LEGAL
DISCLAIMER, NOTICE OF COPYRIGHT
PROPRIETARY RIGHTS, AND TERMS OF USE
Copyright © 2011 by HCC Specialty Underwriters, Inc.
While TotalEventInsurance.com (WE, OUR, US)
provides the information on this Website to anyone, we retain copyright on all
text and graphic images. As such, one
copy of the contents of this Website may be viewed, copied, and downloaded for
your own personal non-commercial use, provided that this Legal Disclaimer and
Notice of Copyright appear in all copies. The contents of this Website may not be modified or used in any manner
other than as expressly permitted by the immediately preceding sentence,
including without limitation, utilization by reference or the establishment of
a link, without the prior written consent of TotalEventInsurance.com.
WE reserve the right at any and all times and in
its sole discretion to change the content of this Website and the products and
services referenced heron.WE reserve
all other rights.
The TotalEventInsurance.com logo and ticket
device are service marks of TotalEventInsurance.com. Other product and company names referenced
herein may be the service marks of their respective owners.
DISCLAIMER OF LIABILITY
WE maintain this Website as a service to the Internet community. The information contained in this Website is
subject to change without notice, and WE assume no commitment to update the
information contained herein. You hereby
acknowledge that any reliance upon such information shall be at your sole
risk. This service and all such information
is provided on an "AS IS" AND "AS AVAILABLE" BASIS WITHOUT
WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY
IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR
NON-INFRINGEMENT. IN NO EVENT SHALL TOTALEVENTINSURANCE.COM BE LIABLE FOR ANY
SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR ANY OTHER DAMAGES OF
ANY KIND WHICH MAY ARISE OUT OF ANY PERSON'S ACCESS OR INABILITY TO ACCESS THIS
WEBSITE OR RELIANCE ON THE INFORMATION CONTAINED IN THIS WEBSITE.
The World Wide Web exists across public
networks, many of which are insecure. This Website uses the security features of Netscape and Internet
Explorer on most forms on this site. However,
WE cannot guarantee the security of the in-transit information. TotalEventInsurance.com disclaims any and all
liability for interception by unauthorized persons and for any computer viruses
that may be loaded into your computer as a result of the downloading of any
information from this or any other Website. The descriptions of products and services contained in this Website are
intended to provide a reference guide to the types of products and services
offered by US and are not intended to be relied upon by clients or business
partners. Please contact us directly if
you wish to obtain specific information concerning the products and services
referenced in this Website.
DISCLAIMER OF ENDORSEMENT
Any stock pricing information appearing on any third
party Website linked to this Website is updated periodically from a source other
than TotalEventInsurance.com. TotalEventInsurance.com
does not assume any responsibility for the accuracy of such pricing information
or any other materials included on such third party Website. Accordingly, such information must not be
used for any formal analysis or estimation.
All links and frames of this Website to third
party sites are provided as a convenience only. WE do not control or endorse the information and content contained on
any such sites, or their sponsors.
TotalEventInsurance.com is under no obligation
to maintain any link on this Website and may remove any such link at any time
at its sole discretion for any reason whatsoever.
DISCLAIMER OF PRIVACY
Except as otherwise provided herein, by providing information through the use
of this Website (such as inquiries, comments, suggestions or ideas) to US, the
visitor agrees that such information is provided on a non-confidential basis
and that WE shall have unlimited rights to use (or not use), distribute (or not
distribute), reproduce (or not reproduce), and disclose (or not disclose) such
information worldwide as WE deem appropriate, without compensation or
acknowledgment of its source. WE shall be free to use any ideas, concepts,
know-how or techniques which are contained in any information a visitor
provides to US through this Website.
Should you have any questions or comments about
our privacy policies or practice, please direct them to service@totaleventinsurance.com.
JURISDICTIONAL ISSUES
This Website is controlled and operated by US from our offices within the State
of Massachusetts, United States of America
WE make no representation that materials on
the Website
are appropriate or available for use in other locations. Those who choose to access this Website from
other locations do so on their own initiative and are
responsible for compliance with applicable local laws.
The information contained on this Website is not
an offer to sell or a solicitation to buy any security. No security is offered or will be sold in any
jurisdiction in which such offer or solicitation, purchase or sale would be
unlawful under the securities laws of such jurisdiction.
Should a court of competent jurisdiction hold or
find any portion or provision of any of the disclaimers appearing hereon
illegal, non-enforceable, or invalid, the remainder of the disclaimer or
disclaimers shall remain in full force and effect in that case and in all other
cases.
FORWARD LOOKING STATEMENTS
The information contained on this Website contains certain
"forward-looking statements" within the meaning of Section 27A of the
Securities Act of 1933 and Section 21E of the Securities Exchange Act of 1934,
which are intended to be covered by the safe harbors created by those laws.
These forward-looking statements include information about possible or assumed
future results of our operations. All statements, other than statements of
historical facts, included or incorporated by reference on this Website that
address activities, events or developments that we expect or anticipate may
occur in the future, including such things as future capital expenditures,
business strategies, competitive strengths, goals, growth of our businesses and
operations, plans and references to future successes may be considered
forward-looking statements. Also, when we us words such as
"anticipate," "believe," "estimate,"
"expect," "intend," "plan," "probably"
or similar expressions, we are making forward-looking statements.
Many risks and uncertainties may impact the
matters addressed in these forward-looking statements. Many possible events or
factors could affect out future financial results and performance. These could
cause our results or performance to differ materially from those we express in
our forward-looking statements. Although we believe that the assumptions
underlying our forward-looking statements are reasonable, any of these
assumptions, and therefore also the forward-looking statements based on these
assumptions, could themselves prove to be inaccurate. In light of the
significant uncertainties inherent in the forward-looking statements included
on this Website, our inclusion of this information is not a representation by
us or any other person that our objectives and plans will be achieved.
Our forward-looking statements speak only as of
the date made, and we will not update these forward-looking statements unless
the securities laws require us to do so. In light of these risks, uncertainties
and assumptions, the forward-looking events discussed on this Website may not
occur.
EMPLOYMENT OPPORTUNITIES
WE are an equal opportunity employer, dedicated to a policy of
non-discrimination in employment on any basis including race, color, age, sex,
religion, disability or national origin. Consistent with the American Disabilities Act, applicants may request
accommodations needed to participate in the application process.
TERMS OF USE
PLEASE NOTE: Your access to and use of the TotalEventInsurance.com
online quote and policy issuance Website ("Website") is subject to the
following Terms of Use, as well as all applicable laws and regulations. Please read these terms carefully. If you do
not accept and agree to be bound by these terms or conditions you are not
authorized to access or otherwise use this Website or any information, content,
services or software contained on this Website. Your access to and use of this
Website constitutes your acceptance of and agreement to abide by each of the
terms and conditions set forth below. These Terms of Use may be changed,
modified, supplemented or updated by US from time to time without advance
notice. Unless otherwise indicated, any new products and services, content and software
added to this Website will also be subject to these Terms of Use effective upon
the date of any such addition. You are encouraged to review the Website
periodically for updates and changes in the Terms of Use.
WE are authorized to make available insurance
coverages offered on this Website on behalf of certain insurers. By providing material on the Website, WE do
not in any way promise that the materials will remain available to you or that
you will qualify for the products we are authorized to offer. WE are entitled to terminate all or part of
any of its Website at any time, without notice to you.
E-MAIL
AND PASSWORD SECURITY
When you select a password and sign-up in
order to access OUR online policyholder services, you agree to the following
conditions:
-
WE are authorized to act on
instructions received under your password without any requirement to question
those instructions;
-
WE are not liable for any
unauthorized access to your personal information that is not directly due to
OUR negligence
-
Your password contains
sensitive information and you will keep it confidential and secret;
-
You will notify US immediately
if you believe anyone else has learned your password or if you believe an
unauthorized access to the Website or your personal information has occurred or
may occur;
-
You
will logout from your account at the end of each session;
-
WE may deny access or block
any transaction made under your password without prior notice if we believe
your password is being used by someone other than you, or if any unauthorized
access to your personal information has occurred or may occur, or for any other
reason.
It is your sole responsibility to control the
dissemination and use of your password, control access to and use of your
account, and notify US when you desire to cancel your account on the Website. WE will not be responsible or liable for any
loss or damage arising from your failure to comply with this provision.
JURISDICTION
Unless otherwise specified, the materials on our site
are presented to provide information about US, and the insurance products WE are
able to make available under authorization from certain insurers.Massachusetts
law shall govern and control any action concerning this site. We do not in any way imply that the materials
on the site or the products WE discuss are available for use outside the United States
or in jurisdictions in which we are not licensed to do business, or that we are
soliciting business in any such jurisdiction.
Unless
otherwise expressly set forth herein, WE make no representation that materials
on this Website are appropriate or available for use in any location. Those who choose to access this Website do so on their own initiative and are responsible for
compliance with local laws.
PURCHASING INSURANCE POLICIES WHICH
WE HAVE AUTHORITY TO MAKE AVAILABLE ON BEHALF OF CERTAIN INSURERS
(1) Where the Website enables you to purchase
insurance products or services online:
(a) You may purchase an insurance policy by electronically
communicating your acceptance via the Website to US;
(b) WE may act on and process all completed
Electronic Instructions transmitted or issued through the Website without
further consent from or reference to you; and
(c) WE may treat an Electronic Instruction
as authentic and are under no obligation to investigate the authenticity or
authority of persons issuing or transmitting such Electronic Instructions, or
to verify the accuracy and completeness of such Electronic Instructions.
(2) Creating a binding insurance contract with
an insurer via the Website is a two step process:
(a) The first step is to create a quote for
the insurance product you are interested in and have selected. Upon completion by you of all required information,
the Website will provide you with a quote, This quote will remain valid and
accessible on the Website for up to 30 days; and
(b) If you wish to take out insurance in
accordance with a quote via the Website; then, upon completion by you of all
required information, step two enables you to accept that quote and create a
binding insurance agreement with a corresponding policy number assigned by the
insurer issuing the policy.
(3) When entering into a contract via the Website,
you will be considered to have communicated your acceptance to an offer of
insurance from US and coverage will be effectuated when all of the following have
occurred:
(a) the Electronic Instruction containing the acceptance from
you is recorded in OUR main database;
(b) a record is created and stored in OUR database;
(c) a policy number is generated by the insurer issuing the
policy; and
(d) premium due has been received from you by US through
1) payment successfully recorded
against your current and valid credit card, or
2) successful transmission of a
bank wire payment to US, or
3. by a valid bank check made payable
to "TotalEventInsurance.com".
(4) When all the conditions stated in (3) have
been met, an e-mail will be sent to you indicating that coverage has been
placed. If you do not receive an e-mail within three business days after
sending payment or if you are applying for event cancellation insurance within
48 hours of the event if sooner, please contact US by e-mail
Once the policy is issued,
electronic access, via the Website, to the policy and the application will be
available to you. Please download and review the policy and application,
contact US immediately with any questions and maintain a copy for your records
(5) WE may
or may not issue a paper confirmation of the insurance policy. The existence of a binding contract is not
conditional on OUR issuing, or you receiving, a paper confirmation of the
transaction.
In the
course of your use of the Website, you may be asked to provide, or you may
provide on your own inclination, information, or materials to US (such
information and/or materials referred to hereinafter as "User Submissions"). User Submissions include information you
submit to US via your application to receive quotations ("Application Data"). User Submissions also include information and
materials you submit to US via other on-line forms on the Website, by e-mail,
or in any other manner via the Website. OUR information collection and use policies,
with respect to the privacy of personal information, are set forth in the Privacy
Policy link to this site which is incorporated herein by reference for all
purposes. Please read the Privacy Policy before submitting any User
Submissions. You acknowledge and agree
that you are solely responsible for the accuracy and content of the User
Submissions. WE cannot be responsible for maintaining any User Submissions that
you provide to US, and WE may delete or destroy any such User Submissions at
any time.
INFORMATION
SUBMITTED BY YOU
You warrant
and represent that any information you enter on this Website is true and
correct, and that you have exercised your best efforts in verifying the
accuracy of the information. You
acknowledge that the information entered into any on-line application is material
to any decision to issue a policy, and that any decision to issue a policy
would be made in reliance upon the sufficiency and accuracy of the information
entered into the application.
ELECTRONIC
COMMUNICATIONS
When you
visit this Website or send e-mails to US, you are communicating with US
electronically. Accordingly, you consent
to receive communications from US electronically. WE will communicate with you by e-mail or by
posting notices on this 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.
SURPLUS LINES PRODUCTS
Certain products
described in this Website may be underwritten by surplus lines insurers. Any such products will be clearly designated
as such, and will be sold on a surplus lines basis only. This requires that
they are available only through properly licensed excess and surplus lines
brokers and in accordance with applicable surplus lines laws which may limit
their availability in certain states.
LIMITATION OF
LIABILITY
While WE use reasonable efforts to include accurate and up-to-date
information on this Website, errors or omissions sometimes occur. To the
fullest extent permissible under applicable law, WE make no warranties or representations
as to the accuracy of the content of this Website and under no circumstances,
including, but not limited to, negligence, shall WE or any party involved in
creating, producing, or delivering the Website be liable to you for any direct,
incidental, consequential, indirect, or punitive damages
that result from the use of, or the inability to use, the materials on this Website,
even if WE or OUR authorized representative has been advised of the possibility
of such damages.
WE assume no responsibility, and
shall not be liable for, any damages to, or viruses that may infect your
computer equipment or other property as a result of your access to, use of, or
browsing in the Website or your downloading of any
materials, data, text, images, video, or audio from this Website.
RESTRICTIONS ON USE OF
MATERIALS
This Website is owned and
operated by US. Except as otherwise expressly permitted by US no materials from
this Website or any Website owned, operated, licensed or controlled by US may
be copied, reproduced, republished, uploaded, posted, transmitted, or
distributed in any way. You may download material displayed on this Website for
your use only, provided that you also retain all copyright and other
proprietary notices contained on the materials. You may not distribute, modify,
transmit, reuse, repost, or use the content of this Website for public or
commercial purposes, including the text, images, audio, and video without OUR
written permission. You may not provide the content to OUR competitors or the
competitors of the insurer on whose behalf the quote was made to solicit
competitive quotes or for any other purpose. WE neither warrant nor represent that your use of materials displayed on
this Website will not infringe rights of third parties.
No insurance product or other product or service is offered
or will be sold by US, or, if sold by US 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. Some products and services may
not be available in all jurisdictions.
TRADEMARKS AND
COPYRIGHTS
All trademarks, services
marks, trade names, logos, and icons are proprietary to US, OUR affiliated
companies and companies with which we have contractual arrangements. Nothing
contained on this Website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any
trademark displayed on the Website. Your use of the trademarks displayed on
this Website, or any other content on this Website, except as provided herein,
is strictly prohibited.
Images displayed on this Website
are either OUR property, or used with permission. The use of these images by you, or anyone
else authorized by you, is prohibited. Any
unauthorized use of images may violate copyright laws, trademark laws, the laws
of privacy and publicity, and communications regulations and statutes.
SOFTWARE LICENSES
You
acknowledge that any software which may be available or provided to you on this
Website may contain technology that is subject to strict controls pursuant to
export control laws and regulations of the United States of America and other
countries and jurisdictions. You hereby agree that you will not transfer or
export such software in violation of such applicable export laws and
regulations. WE do not authorize the downloading or exportation of any software
or technical data from this Website to any jurisdiction prohibited by such
export controls laws and regulations.
ACCESSIBILITY OF SERVICES
Consistent with the American Disabilities
Act, applicants may request accommodations needed to participate in the application
process.
FORWARD LOOKING STATEMENTS
The information contained on this
Website contains certain "forward-looking statements" within the meaning of Section
27A of the Securities Act of 1933 and Section 21E of the Securities Exchange Act
of 1934, which are intended to be covered by the safe harbors created by those laws.
These forward-looking statements include information about possible or assumed future
results of our operations. All statements, other than statements of historical facts,
included or incorporated by reference on this Website that address activities, events
or developments that we expect or anticipate may occur in the future, including
such things as future capital expenditures, business strategies, competitive strengths,
goals, growth of our businesses and operations, plans and references to future successes
may be considered forward-looking statements. Also, when we us words such as "anticipate,"
"believe," "estimate," "expect," "intend," "plan," "probably" or similar expressions,
we are making forward-looking statements.
Many risks and uncertainties may impact the
matters addressed in these forward-looking statements. Many possible events or
factors could affect out future financial results and performance. These could
cause our results or performance to differ materially from those we express in
our forward-looking statements. Although we believe that the assumptions
underlying our forward-looking statements are reasonable, any of these
assumptions, and therefore also the forward-looking statements based on these
assumptions, could themselves prove to be inaccurate. In light of the
significant uncertainties inherent in the forward-looking statements included
on this Website, our inclusion of this information is not a representation by
us or any other person that our objectives and plans will be achieved.
Our forward-looking statements speak only as of
the date made, and we will not update these forward-looking statements unless
the securities laws require us to do so. In light of these risks, uncertainties
and assumptions, the forward-looking events discussed on this Website may not
occur.
DISCLAIMER OF
ENDORSEMENT
All
links and frames of this Website to third party sites are
provided as a convenience only. WE do
not control or endorse the information and content contained on any such sites,
or their sponsors.
WE are under no obligation to maintain any link
on this Website and may remove any such link at any time at its sole discretion
for any reason whatsoever.