Terms of Use
TERMS APPLICABLE TO ALL USERS OF THIS WEBSITE REGARDING
AGENT AND BROKER COMPENSATION.
1. Introduction
YOUR USE OF THIS WEBSITE IS EXPRESSLY CONDITIONED UPON YOUR ACCEPTING AND AGREEING
TO THESE TERMS OF USE. YOUR USE OF THIS WEBSITE WILL BE DEEMED TO BE ACCEPTANCE
OF THESE TERMS OF USE.
IF THESE TERMS OF USE ARE NOT COMPLETELY ACCEPTABLE TO YOU, YOU MUST IMMEDIATELY
TERMINATE YOUR USE OF THIS WEBSITE.
You may print a copy of these Terms of Use for your records at any time by using
the "print" function on your internet browser.
These Terms of Use ("Legal Terms") describe the terms and conditions applicable
to your access and use of this Website, which is owned, operated and controlled
by Zurich American Insurance Company ("Zurich", "we", "us",
or "our"). Zurich does business as Zurich North America.
Zurich may, at any time, for any reason and
without notice, make changes to (i) this Website, including its look, feel, format,
and content, as well as (ii) the products and/or services as described in this Website.
Any modifications will take effect when posted to the Website. Therefore, each time
you access the Website, you need to review the Legal Terms upon which access and
use of this Website is conditioned. By your continuing use of the Website after
changes are posted, you will be deemed to have accepted such changes.
Zurich makes no representation that the information, or other
content on the Website (collectively, "Content") is of a detailed, specific
nature as applies to any compensation that Zurich may provide to agents or brokers,
except where we state to the contrary; instead, the Content is of an overview of
a general, summary nature, accurate insofar as a general summary permits, except
in those instances where we state to the contrary, such as where we provide "actual"
compensation paid to an agent or broker. Those who choose to
access this Website from other locations other than the United States do so at their
own risk and are responsible for compliance with applicable local laws.
2. Scope of Use
and User E-Mail
You are only authorized to view, use, copy for your records and download
small portions of the Content (including without limitation text, graphics, software,
audio and video files and photos) of this Website for your informational, non-commercial
use, provided that you leave all the copyright notices, including copyright management
information, trademarks or service marks or other proprietary notices intact. You
may not store, modify, reproduce, transmit, reverse engineer or distribute a significant
portion of the Content on this Website, or the design or layout of the Website or
individual sections of it, in any form or media. You will not download quantities
of materials from the Website to a database that can be used to avoid future downloads
from this site and you will not distribute any such materials to anyone for a fee.
Systematic retrieval of data or other information from this Website to create
or compile, directly or indirectly, a collection, compilation, database, or directory
without the express written consent of Zurich is prohibited.
The commercial use, reproduction, transmission or distribution of any information,
software or other material available through the Website without the prior written
consent of Zurich is strictly prohibited.
3. Copyrights and Trademarks
The Website is protected
by copyright as a collective work and/or compilation, pursuant to U.S. copyright
laws, international conventions and other laws. Unless otherwise indicated, the
Content, including, but not limited to, graphic images, buttons, layout, trademarks,
service marks, logos, text, and other materials contained in this Website are the
exclusive property of Zurich or its third party licensors. Except as expressly provided
under the "Scope of Use" Section above, you may not use, reproduce, modify,
transmit, distribute, or publicly display or operate this Website without the prior
written permission of Zurich. You may not use a part of this Website on any other
Web site, without Zurich's prior written consent.
4. Privacy
Internet Privacy Statement
The nature of our business requires a relationship of respect with the users of
the Website. As with other companies that maintain Internet sites, we want you to
know about our Internet privacy practices. The following statement sets forth our
current practices and applies to www.Zurichna.com and any other sites that are owned,
operated and controlled by Zurich in the United States. Apart from this statement,
however, if you are a Zurich policyholder entitled by law or regulation to a notice
about our privacy policy and our use of personal financial and health information,
then that privacy policy is provided in connection with the insurance policy. The
privacy policy notice included with any insurance policy is separate and in addition
to this Internet privacy statement. Changes to this Internet privacy statement may
be made at any time, as described in Section 1 of these Legal Terms.
Our Use of Personal and Non-Personal Information
We collect one kind of information about our Website users: non-personal information,
which is information collected online to track the total number of guests visiting
this Website and to guide our efforts to improve this Website. To achieve these
improvements, the Website , like many web sites, use "cookies" (a small
text file placed on the user's hard drive) to facilitate site navigation, maintain
quality of online service, provide additional security, and allow the customization
of your access to the Website. Cookies themselves do not enable us to access any
personal information about our users; however, they do allow us to analyze use of
the Website. The "cookies" automatically collect information about your
computer hardware and software, which can include browser type, access times and
Internet Protocol (IP) address. The Website does not use "cookies" to
collect information for distribution to third parties for any purpose, nor does
it use "cookies" to secure information from other Websites you may visit.
You may not link to this Website without Zurich's written permission. If you are
interested in linking to this Website, please contact
dnstech@zurichna.com.
5. No Warranties
THE WEBSITE, AND ANY CONTENT, WHILE BELIEVED TO BE ACCURATE, ARE PROVIDED TO YOU
ON AN "AS IS," "AS AVAILABLE" BASIS WITHOUT WARRANTY OF ANY
KIND WHETHER EXPRESS, STATUTORY OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT,
SYSTEMS INTEGRATION, ACCURACY, AND NON-INFRINGEMENT, ALL OF WHICH ZURICH EXPRESSLY
DISCLAIMS. ZURICH WILL NOT BE LIABLE OR OTHERWISE RESPONSIBLE FOR ANY FAILURE OR
DELAY IN UPDATING THE WEBSITE OR ANY CONTENT. ZURICH MAKES NO
REPRESENTATIONS OR WARRANTIES THAT USE OF THE CONTENT WILL BE UNINTERRUPTED OR ERROR-FREE.
YOU ARE RESPONSIBLE FOR ANY RESULTS OR OTHER CONSEQUENCES OF ACCESSING THE WEBSITE
AND USING THE CONTENT, AND FOR TAKING ALL NECESSARY PRECAUTIONS TO ENSURE THAT ANY
CONTENT YOU MAY ACCESS, DOWNLOAD OR OTHERWISE OBTAIN IS FREE OF VIRUSES OR ANY OTHER
HARMFUL COMPONENTS. SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES,
SO THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER LEGAL
RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.
6. Governing Law, Location and Miscellaneous
These Legal Terms shall be governed in all respects by the laws of the State of
Illinois USA, without reference to its choice of law rules. If an applicable law
is in conflict with any part of the Legal Terms, the Legal Terms will be deemed
modified to conform to the law. The other provisions will not be affected by any
such modification.
The Website is operated by Zurich American Insurance Company on behalf of itself
and its subsidiaries and affiliated companies. The administrative offices of Zurich
American Insurance Company are located at 1400 American Lane, Schaumburg, Illinois
60196.
Zurich American
Insurance Company is licensed to write insurance in all states, including DC, PR,
and the U.S. Virgin Islands.
7. Termination
Zurich may terminate the right of any user to access the Website at any time, with
or without cause, in Zurich's absolute discretion and without notice. Any statement
in the Legal Terms or elsewhere on the Website of specific grounds for termination
of a user's right to access the Website shall in no manner limit Zurich's absolute
right to terminate any user's access to the Website.
8. Separate Agreements
You may have other agreements with Zurich. Those agreements are separate and in
addition to these Legal Terms, except as expressly set forth herein. These Legal
Terms do not modify, revise or amend the terms of any other agreements you may have
with Zurich, or with any other company within the Zurich Financial Services Group,
except as expressly set forth herein.
9. No Professional Advice
The information available on the Website is intended to be a general information
resource regarding the matters covered. It is not offered as legal, accounting or
other professional advice. This Website is not intended for use by minors. YOU SHOULD
EVALUATE ALL INFORMATION AND OPINIONS AVAILABLE ON THIS WEBSITE IN CONSULTATION
WITH YOUR INSURANCE SPECIALIST, OR WITH YOUR LEGAL, TAX, FINANCIAL OR OTHER ADVISOR,
AS APPROPRIATE.
10. Arbitration
Except as regarding any action seeking equitable relief, including without limitation
for the purpose of protecting any Zurich confidential information and/or intellectual
property rights, any controversy or claim arising out of or relating to these Legal
Terms or this Website shall be settled by binding arbitration in accordance with
the commercial arbitration rules, in effect at the time the proceedings begin, of
the American Arbitration Association. Any such controversy or claim shall be arbitrated
on an individual basis, and shall not be consolidated in any arbitration with any
claim or controversy of any other party. The arbitration shall be held in Chicago,
Illinois USA.
All information relating to or disclosed by any party in connection with the arbitration
of any disputes hereunder shall be treated by the parties, their representatives,
and the arbitrator as proprietary business information. Such information shall not
be disclosed by any party or their respective representatives without the prior
written authorization of the party furnishing such information. Such information
shall not be disclosed by the arbitrator without the prior written authorization
of all parties. Each party shall bear the burden of its own counsel fees incurred
in connection with any arbitration proceedings.
Judgment upon the award returned by the arbitrator may be entered in any court having
jurisdiction over the parties or their assets or application of enforcement, as
the case may be. Any award by the arbitrator shall be the sole and exclusive remedy
of the parties. The parties hereby waive all rights to judicial review of the arbitrator's
decision and any award contained therein.
11. Limitation of Liability
WHILE ZURICH HAS MADE EVERY EFFORT TO ENSURE THE ACCURACY OF THE INFORMATION PROVIDED
IN THIS WEBSITE, YOUR USE OF THE CONTENT IS AT YOUR OWN RISK. ZURICH SPECIFICALLY
DISCLAIMS ANY LIABILITY, WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY
OR OTHERWISE, FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, CONSEQUENTIAL, OR
SPECIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH ACCESS TO, USE OF OR
RELIANCE ON THE CONTENT (EVEN IF ZURICH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES) OR THAT ARISE IN CONNECTION WITH MISTAKES OR OMISSIONS IN, OR DELAYS IN
TRANSMISSION OF, INFORMATION TO OR FROM THE USER, ANY FAILURE OF PERFORMANCE, ERROR,
OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION OR
DELIVERY, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED
ACCESS TO, ALTERATION OF, OR USE OF RECORDS, PROGRAMS OR FILES, INTERRUPTIONS IN
TELECOMMUNICATIONS CONNECTIONS TO THE WEBSITE OR VIRUSES, WHETHER CAUSED IN WHOLE
OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, THEFT OR DESTRUCTION
OF, OR UNAUTHORIZED ACCESS TO THE WEBSITE OR THE CONTENT. SOME JURISDICTIONS DO
NOT ALLOW THE LIMITATION OF LIABILITY, SO THIS LIMITATION MAY NOT APPLY TO YOU.
12. Indemnity You agree to indemnify and
hold Zurich, and its parent, subsidiaries, affiliates, officers, agents, or other
partners, and employees, harmless from any and all liabilities, claims, demands
and expenses, including reasonable attorneys' fees, due to or arising out of your
use or misuse of the Website, any services therein, or for infringement by you of
intellectual property rights or other rights of any third party.
You may assume exclusive control of any defense or any matter subject to indemnification
by you and you agree to cooperate with Zurich in such event.
13. Designated Agent Under The Digital Millennium
Copyright Act The Digital Millennium Copyright Act ("DMCA") provides a mechanism
for notifying service providers of claims of unauthorized use of copyrighted materials.
Under the DMCA, a claim must be sent to the service provider's Designated
Agent. If you believe in good faith that a notice under the DMCA
should be sent to Zurich, please notify Zurich’s Designated Agent:
dnstech@zurichna.com. Please make sure that any notice
of claim complies with the detailed requirements set forth in the DMCA (see 17 U.S.C.
Sec. 512 (3)).
Please do not send any
other notices or communications to the Designated Agent.
Last update of this page: August
31, 2007
Please be advised that your access to this Web site is governed by the Terms of Use.
Please review them before accessing this Web site.
Your use of this Web site constitutes your acceptance of the Terms of Use.