
Acceptance of Terms
This Web Site is owned and maintained by Westchester Fire Insurance Company or
one or more of its affiliates (the "Owner") within the Westchester Group, which
is an operating division of the ACE Group of insurance and reinsurance
companies. Westchester and the ACE Group are made up of insurance and
reinsurance companies that are licensed or otherwise approved to transact
insurance and/or reinsurance business in various jurisdictions within the
United States as well as various other countries around the world. Westchester
operates primarily in the United States and also includes companies that
provide services to the insurance industry and other customers.
This Web Site provides users with access to an online collection of information
and materials. These materials may include insurance applications and policy
forms and other information related to certain insurance products and services
("Products and Services") offered by providers of insurance and
insurance-related services operating within Westchester. The Web Site also
contains text, pictures, graphics, logos, button items, images, works of
authorship, and other content (collectively, "Content"), and may provide access
to certain proprietary software used in connection with navigating and
utilizing the functionality offered through this Web Site ("Software"). This Web
Site is intended for use only by users who are at least 18 years of age and who
reside in the United States.
PLEASE NOTE:
Your access to and use of this Web Site are 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 any of these terms or
conditions you are not authorized to access or otherwise use this Web Site or
any information, content, Services or Software contained on this Web Site. Your
access to and use of this Web Site constitute your acceptance of and agreement
to abide by each of these terms and conditions set forth below. These Terms of
Use may be changed, modified, supplemented or updated by the Owner from time to
time without advance notice. Unless otherwise indicated, any new Products and
Services, Content and Software added to this Web Site will also be subject to
these Terms of Use effective upon the date of any such addition. You are
encouraged to review the Web site periodically for updates and changes.
Limited License and Site Access
– The Owner hereby grants you a limited license to access and make personal use
of this site but not to download (other than page caching) or modify it, or any
portion of it, except with express written consent of the Owner. This license
does not include any resale or commercial use of this site or its contents; any
collection and use of any product listings, descriptions, or prices; any
derivative use of this site or its contents; or any use of data mining, robots,
or similar data gathering and extraction tools. This site or any portion of
this site may not be reproduced, duplicated, copied, sold, resold, visited, or
otherwise exploited for any commercial purpose without the express written
consent of the Owner. You may not frame or utilize framing techniques to
enclose any trademark, logo, or other proprietary information (including
images, text, page layout, or form) of the Owner or its affiliates without
their express written consent. You may not use any meta-tags or any other
"hidden text" utilizing any of the Westchester name(s) or service marks without
the express written consent of their owners. Any unauthorized use terminates
the permission or license granted by the Owner.
Availability of Products and Services – Due to various insurance and
other regulatory restrictions, certain Products and Services described on this
Web Site may not be available to all users. Products and Services may vary by
jurisdiction and may not be offered by all of the Westchester companies, nor
are all Products and Services suitable for all insureds or available in all
United States jurisdictions. EXCEPT AS EXPRESSLY STATED HEREIN, THE INFORMATION
CONTAINED ON THIS WEB SITE IS NOT AN OFFER TO SELL OR A SOLICITATION TO BUY ANY
SECURITY, INSURANCE PRODUCT, OR OTHER PRODUCT OR SERVICE BY WESTCHESTER MEMBER
COMPANIES. No security, insurance product or other product or service is
offered or will be sold by Westchester member companies or, if sold by
Westchester member companies, will be effective in any jurisdiction in which
such offer or solicitation, purchase or sale would be unlawful under the
securities, insurance or other laws of such jurisdiction.
Whenever particular Product and Service availability is not specifically
designated on this Web Site, please contact a designated Westchester
representative or your broker to find out which Products and Services are
available to you in your State.
This Web Site may provide certain summary descriptions or other helpful
information regarding Products and Services. Westchester and its member
companies attempt to be as accurate as possible; however, any such materials
are intended to generally describe the Products and Services and are subject in
all respects to the specific terms and conditions of the actual policy or
product/service agreement to which they refer. Complete policy terms are
available upon request.
Surplus Lines Products
– Certain Products described in this Web Site may be underwritten by one of the
ACE Group of U.S-based surplus lines insurers. Any such Products will be
clearly designated as such, and will be sold on a surplus lines basis only,
which means that they are available only through properly licensed excess and
surplus lines brokers and in accordance with applicable surplus lines laws. In
keeping with regulatory restrictions affecting surplus lines products, any
information regarding such Products provided in non-password protected sections
of this portion of the Web Site constitutes neither a solicitation to purchase
nor an offer to sell insurance products and services, but is for general
information purposes only and should not be considered an offer to sell or a
solicitation to the general public. Only properly licensed surplus lines
insurance professionals are authorized to access the password protected
sections of this Web Site relating to such Products, which may not be available
in all states. Inquiries should be directed to your local licensed surplus
lines insurance broker.
Password Accounts, Passwords, and Security
– If you have been given the option to open an account on this Web Site which
will provide you with access to the password protected portions of the site and
you elect to do so, you must complete the registration process by providing us
with current, complete and accurate information as prompted by the applicable
registration form, and choose a password and user name. You are entirely
responsible for maintaining the confidentiality of your password and account
and for any and all activities that occur under your account. You agree to (a)
immediately notify the Owner of any unauthorized use of your account or any
other breach of security of which you become aware, and (b) exit completely
from your account at the end of each online session. The Owner will not be
liable for any loss that you may incur as a result of someone else using your
password or account, either with or without your knowledge. However, you could
be held liable for losses incurred by the Owner or another party due to someone
else using your account or password. You may not use anyone else's account at
any time, without the permission of the account holder.
Information Submitted by You
– You warrant and represent that any information you enter on this Web Site 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 by the underwriting
company 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.
Copyright
– Except as otherwise expressly stated, all Content and Software appearing on
this Web Site are the copyrighted work of Westchester member companies or their
affiliates or third party content suppliers and are protected by U.S. and
international copyright laws. The compilation (meaning the collection,
arrangement and assembly) of all Content and Software is also the exclusive
property of Westchester member companies or their affiliates and is protected
by U.S. and international copyright laws.
You may download information from this Web Site and print out a hard copy for
your personal use provided that you keep intact and do not remove or alter any
copyright or other notice (e.g., trademark, patent, etc.) contained in the
information. Except as otherwise expressly stated herein, you may not alter,
modify, copy, distribute (for compensation or otherwise), transmit, display,
perform, reproduce, reuse, post, publish, license, frame, download, store for
subsequent use, create derivative works from, transfer, or sell any information
or Content obtained from this Web Site, in whole or in part, including any
text, images, audio, and video in any manner, without the prior written
authorization of the Owner or any applicable third party suppliers. The use of
Content, including images, by you, or anyone else authorized by you, is
prohibited unless specifically permitted by the Owner. Any unauthorized use of
text or images may violate copyright laws, trademark laws, the laws of privacy
and publicity, and applicable regulations and statutes. Neither the Owner nor
its affiliates warrant or represent that your use of Content, Services,
Software or any other materials displayed on this Web Site will not infringe
rights of third parties.
Trademarks and Service Marks
– Certain identifiers used on this Web Site, including "Westchester" and "ACE
INA," are registered service marks of ACE Limited or one of its subsidiaries.
The domain name for this Web Site, all ACE Group logos, and all page headers,
custom graphics, and button icons are service marks, trademarks, logos, trade
dress or are otherwise the intellectual property of Westchester member
companies or their affiliates. All trademarks, service marks, trade dress,
product names, company names or logos on the Web Site which are not owned by
the ACE Group are the property of their respective owners, whether registered
or not. In addition to complying with all applicable laws, you agree that you
will not use any such trademarks, service marks, trade dress, or other logos
from this Web Site without the prior written authorization of their respective
owners.
Ownership of information submitted via this Web Site – With the
exception of any personal data or information you submit (which shall be
maintained in accordance with our Privacy Statement
), any information you transmit to Westchester via this Web Site, whether by
direct entry, submission, electronic mail or otherwise, including data,
questions, comments, or suggestions, will be treated as non-confidential and
non-proprietary and will become the property of the Owner. Such information may
be used for any purpose, including but not limited to reproduction,
solicitations, disclosure, transmission, publication, broadcast, and posting.
Westchester shall be free to use any ideas, concepts, know-how, or techniques
contained in any communication you send to the Owner via this Web Site or by
any other means for any purpose whatsoever, including, but not limited to,
developing and marketing products using such information.
Proprietary Software
– Any Software accessible through this Web Site is the property of the Owner or
its suppliers and is protected by U.S. patent and copyright laws and
international treaties. Any use of the Software by you other than as required
to navigate and to utilize the intended functionality offered through this Web
Site is prohibited. You agree not to copy, distribute, publicly display, alter,
modify, decompile, disassemble, reverse engineer or otherwise attempt to
discover the source code of the Software. Further, you agree not to access the
Services or Content by any means other than the interface provided by the Owner
through this Web Site for your use in accessing the Services and Content.
The Software provided on this Web Site is owned by or licensed to the Owner,
and 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 shall not copy, transfer or export such
software in violation of such applicable export laws and regulations. The Owner
does not authorize the downloading or exportation of any software or technical
data from this Web Site to any jurisdiction prohibited by such export controls
laws and regulations.
Connection Requirements
– You are responsible for providing and maintaining, at your own risk, option
and expense, any hardware, software and communication lines required to access
and use this Web Site, and the Owner reserves the right to change the access
configuration of this Web Site at any time without prior notice.
Prohibited Use
– Any use or attempted use of this Web Site (1) for any unlawful, unauthorized,
fraudulent or malicious purpose, or (2) that could damage, disable, overburden,
or impair any server, or the network(s) connected to any server, or (3)
interfere with any other party's use and enjoyment of the Web Site, or (4) to
gain unauthorized access to any other accounts, computer systems or networks
connected to any server or systems through hacking, password mining or any
other means, or (5) to access systems, data or information not intended by the
Owner to be made accessible to a user, or (6) attempt to obtain any materials
or information through any means not intentionally made available by the Owner,
or (7) any use other than the business purpose for which it was intended, is
prohibited.
In connection with your use of the Site, you agree you will not:
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Upload or transmit any message, information, data, text, software or images, or
other content ("Material") that is unlawful, harmful, threatening, abusive,
harassing, tortious, defamatory, vulgar, obscene, libelous, or otherwise
objectionable, or that may invade another's right of privacy or publicity;
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Create a false identity for the purpose of misleading others or impersonate any
person or entity, including but not limited to any Westchester representative,
or falsely state or otherwise misrepresent your affiliation with a person or
entity;
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Upload or transmit any Material that you do not have a right to reproduce,
display or transmit under any law or under contractual or fiduciary
relationships (such as nondisclosure agreements);
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Upload files that contain viruses, trojan horses, worms, time bombs,
cancel-bots, corrupted files, or any other similar software or programs that
may damage the operation of another's computer or property of another;
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Delete any author attributions, legal notices or proprietary designations or
labels that you upload to any communication feature;
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Use the Site's communication features in a manner that adversely affects the
availability of its resources to other users (e.g., excessive shouting, use of
all caps, or flooding continuous posting of repetitive text);
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Upload or transmit any unsolicited advertising, promotional materials, "junk
mail," "spam," "chain letters," "pyramid schemes" or any other form of
solicitation, commercial or otherwise;
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Violate any applicable local, state, national or international law;
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Upload or transmit any Material that infringes any patent, trademark, service
mark, trade secret, copyright or other proprietary rights of any party;
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Delete or revise any Material posted by any other person or entity;
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Manipulate or otherwise display the Site by using framing, mirroring or similar
navigational technology or directly link to any portion of the Web Site other
than the main homepage in accordance with the Limited License and Site Access
outlined above; or
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Register, subscribe, attempt to register, attempt to subscribe, unsubscribe, or
attempt to unsubscribe, any party for any Product or Service if you are not
expressly authorized by such party to do so; or
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Harvest or otherwise collect information about others, including e-mail
addresses.
The Owner reserves the right to take whatever lawful actions it may deem
appropriate in response to actual or suspected violations of the foregoing,
including but not limited to the suspension or termination of the user's access
and/or account. The Owner may cooperate with legal authorities and/or third
parties in the investigation of any suspected or alleged crime or civil wrong.
Except as may be expressly limited by the Privacy Statement
, the Owner reserves the right at all times to disclose any information as the
Owner deems necessary to satisfy any applicable law, regulation, legal process
or governmental request, or to edit, refuse to post or to remove any
information or materials, in whole or in part, in the Owner's sole discretion.
Right to Monitor
– The Owner is not obligated to actively monitor the general use of this Web
Site or to exercise editorial control over the content of any third party's web
site, electronic mail transmission, news group, or other material created or
accessible over or through this Web Site. However, the Owner does reserve the
right to monitor such use at any time as it deems appropriate and to remove any
materials that, in the Owner's sole discretion, may be illegal, may subject the
Owner to liability, may violate this Terms of Use Agreement, or are, in the
sole discretion of the Owner, inconsistent with the Owner's purpose for this
Web Site.
Hyperlinks to Third Party Web sites
– This Web Site may contain hyperlinks to other sites owned and operated by
parties other than the Owner. Such hyperlinks are provided only for ready
reference and ease of use. We do not control such web sites and cannot be held
responsible for their content or accuracy and do not endorse these sites unless
we specifically so state. In the event this Web Site provides hyperlinks to
other web sites that are not owned, operated or maintained by the Owner or its
affiliates, you acknowledge and agree that the Owner is not responsible for and
is not liable for the content, products, services or other materials on or
available from such web sites. We accept no liability for any information,
products, advertisements, content, services or software accessible through
these third party web sites or for any action you may take as a result of
linking to any such web site. Any such web sites are likely to set forth
specific terms of use and privacy policies that you should review. The Owner is
under no obligation to maintain any link on this Web Site and may remove a link
at any time in its sole discretion for any reason whatsoever. Neither the Owner
nor its affiliates shall be responsible or liable, directly or indirectly, for
any damages or losses caused or alleged to be caused by or in connection with
the use of or reliance on such content, products, services or other materials
available on or through any such web site.
Your correspondence and business dealings with any third party advertisers
found on or through this Web Site are solely between you and such advertiser.
You agree that neither the Owner nor its affiliates shall be responsible or
liable for any loss or damage of any sort incurred as the result of any such
correspondence or dealings or as the result of the presence of such advertisers
on the Web Site. We encourage you to exercise discretion while selecting any
third-party products and services which may be advertised on or via this Web
Site.
No Westchester Editorial Control of Third Party Content; No Statement as to
Accuracy
– To the extent that any of the Content included in the Web Site is provided by
third party content providers, Westchester has no editorial control or
responsibility over such Content. Therefore, any opinions, statements, services
or other information expressed or made available by third party suppliers on
this Web Site are those of such third party suppliers. The Owner does not
represent or endorse the accuracy or reliability of any opinion, statement or
other information provided by any third party, or represent or warrant that
your use of the Content displayed on this Web Site or referenced content or
service providers will not infringe rights of third parties not owned by or
affiliated with Westchester member companies.
Privacy Statement – Our Privacy Statement
describes Westchester's collection, use and protection of nonpublic personal
information ("customer information") and will help you understand how we secure
and treat customer information that we obtain. Your submission of any such
information to the Owner in connection with this Web Site constitutes your
consent to the uses and disclosures of data and information by the Owner or its
affiliates that are consistent with the Privacy Statement.
Some information is collected automatically when you visit the Web Site because
your IP address needs to be recognized by the server. We may use the IP address
information to monitor and analyze how parts of the Web Site are used.
Use of Cookies
– A cookie is a piece of information which a web server may place on your
computer when you visit a web site. Cookies are commonly used by web sites to
improve the user experience and have not been known to transmit computer
viruses or otherwise harm your computer. Many cookies last only through a
single web site session, or visit. Others may have an expiration date, or may
remain on your computer until you delete them.
We may use cookies for a number of purposes – for example, to maintain
continuity during a user session, to gather data about the usage of our Web
Site for research and other purposes, to store your preferences for certain
kinds of information and marketing offers, or to store a user name or encrypted
identification number so that you do not have to provide this information every
time you return to our Web Site.
Our cookies will track only your activity relating to your online activity on
this Web Site, and will not track your other Internet activity. Our cookies do
not gather personally identifiable information.
You can decide if and how your computer will accept a cookie by configuring
your preferences or options in your browser. However, if you choose to reject
cookies, you may not be able to use certain of our online Products and Services
or Web Site features.
We may occasionally use other companies to set cookies on our Web Site and
gather cookie information for us. In some cases we may also use another company
to operate web servers for our Web Site. We use the cookie information gathered
by these companies in the same manner as stated above. The companies we use are
not permitted to use these cookies for their own internal purposes or share the
information gathered with anyone other than Westchester.
In addition to the information we may collect from cookies, we may also obtain
information which you provide to us online – for example, when you use any
tools or calculators provided on the Web Site or when you submit an application
or otherwise communicate with us. In some cases, we retain both the cookie
information and/or the information you provide to us online – for example, to
complete a transaction you requested or to keep historical records of your past
transactions. In other cases – for example, when you use our tools and
calculators – we only retain the cookie and/or online information you give us
if you request us to do so for your use in subsequent sessions.
Modification to Services
– The Owner may, at its discretion, modify or discontinue any of the Products
and Services, Content or Software, or any portion thereof, with or without
notice. Neither the Owner nor its affiliates will be liable to you or any third
party for any modification or discontinuance of any of the Products and
Services, Content or Software.
Disclaimer
– Information contained on this Web Site has been prepared by the Owner as a
convenience to its users and is not intended to constitute advice or
recommendations upon which a user may rely. The Owner has used reasonable
efforts in collecting, preparing and providing quality information and
material, but makes no warranty or guarantee about the accuracy, completeness,
or adequacy of the information contained in or linked to this Web Site or any
other Web Site maintained by the Owner. Users relying on information from this
Web Site do so at their own risk.
The information and descriptions contained herein are not intended to be
complete descriptions of the terms, exclusions and conditions applicable to the
Products and Services, but are provided solely for general informational
purposes; please refer to the actual policy or the relevant product or services
agreement for complete terms, exclusions and conditions. Should you purchase an
Westchester product from Westchester or a third party, the terms and conditions
applicable to that transaction will govern such purchase, and your use of this
Web Site does not affect that purchase in any manner.
This Web Site may provide you with planning and educational tools, including
calculators. Such tools and calculators may allow you to model certain
"what-if" scenarios related to specific Products or Services, the results of
which are intended to be purely illustrative and based on the information and
assumptions identified. There is no guarantee that the results shown are
necessarily accurate or will be achieved.
YOUR USE OF THIS WEB SITE IS AT YOUR SOLE RISK. ALL CONTENT AND SOFTWARE ARE
PROVIDED ON AN "AS IS" OR "AS AVAILABLE" BASIS, AND THE OWNER EXPRESSLY
DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND WHETHER EXPRESS OR IMPLIED,
INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A
PARTICULAR PURPOSE. THE OWNER MAKES NO WARRANTY THAT THE CONTENT AND SOFTWARE
ARE ACCURATE, TIMELY, UNINTERRUPTED, VIRUS-FREE OR ERROR-FREE, OR THAT ANY SUCH
PROBLEMS WILL BE CORRECTED.
Limitation of Liability
YOU UNDERSTAND AND AGREE THAT THE OWNER WILL NOT BE LIABLE FOR ANY DIRECT,
INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING,
BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PRODUCTS, USE, DATA OR OTHER INTANGIBLE
LOSSES, EVEN IF THE OWNER HAS BEEN ADVISED OF THE POSSIBILITIES OF THOSE
DAMAGES, RESULTING FROM YOUR USE OR INABILITY TO USE THE WEB SITE, SERVICES,
CONTENT OR SOFTWARE, THE COST OF OBTAINING SUBSTITUTE PRODUCTS AND SERVICES
RESULTING FROM ANY LOSS OF DATA, INFORMATION, PRODUCTS OR SERVICES OBTAINED
FROM PURCHASES OR TRANSACTIONS ENTERED INTO THROUGH THE WEB SITE, OR STATEMENT
OR CONDUCT OF ANY THIRD PARTY, OR ANY OTHER MATTER RELATED TO THE WEB SITE,
SERVICES, CONTENT OR SOFTWARE. YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE
WEB SITE IS PREDICATED UPON YOUR WAIVER OF ANY RIGHT TO SUE THE OWNER OR ITS
AFFILIATES DIRECTLY OR TO PARTICIPATE IN A CLASS ACTION SUIT FOR ANY LOSSES OR
DAMAGES RESULTING FROM YOUR USE OF THE WEB SITE.
Some jurisdictions do not permit the exclusion of certain warranties or the
limitation or exclusion of liability for incidental or consequential damages,
therefore, some of the limitations above may not apply to you.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE
EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR
ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU,
AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
Notices – Any notices to you from the Owner regarding the Web Site or these
Terms of Use will be posted on this Web Site or made by e-mail or regular mail.
ELECTRONIC COMMUNICATIONS
When you visit this Web Site or send e-mails to us, you are communicating with
us electronically. 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.
Safe Harbor Statement
– This Site may from time to time contain financial information relating to one
or more of the ACE Group, possibly including forward-looking statements within
the meaning of The Private Securities Litigation Reform Act of 1995. That Act
provides a statutory "safe harbor" for forward-looking statements. Any written
or oral statements made by or on behalf of ACE Limited or any of its
subsidiaries or operating divisions reflect current views with respect to
future events and financial performance. These forward-looking statements are
subject to uncertainties and inherent risks that could cause actual results to
differ materially from those contained in any forward-looking statement.
For information specifically relating to the financial condition of ACE
Limited, the holding company for the ACE Group, please refer to ACE Limited's
filings with the Securities and Exchange Commission, including the most recent
Forms 10-K, and 10-Q, and any Forms 8-K since the most recent Form 10-K, for
further information on such uncertainties and inherent risks and the "safe
harbor" under the Private Securities Litigation Reform Act of 1995.
General Provisions
Entire Agreement
– This Terms of Use Agreement, the Privacy Statement, and other policies the
Owner may post on this Web Site constitute the entire agreement between the
Owner and you in connection with your use of this Web Site and the Content,
Services and Software, and supercedes any prior agreements between the Owner
and you regarding use of this Web Site, including prior versions of the Terms
of Use Agreement. The Owner may update this Terms of Use Agreement from time to
time by posting revised Terms of Use on this Web Site, without notice to you,
and your subsequent use of the Web Site indicates your acceptance of and is
governed by those new Terms of Use. The Terms of Use is effective until
terminated or updated by the Owner, at any time without notice. In the event of
termination, the disclaimers and limitations of liabilities set forth in the
Terms of Use Agreement will survive. The Terms of Use will be deemed to include
all other notices, policies, disclaimers and other terms contained in this Web
Site; provided, however, that in the event of a conflict between such other
terms and the terms of these Terms of Use, these Terms of Use will control.
Third Party Purchases Governed by Separate Agreement
– The terms and conditions governing your purchase of any goods or services
from any third party companies or financial institutions represented in this
Web Site shall be governed by a separate agreement duly executed between you
and the supplier of such goods or Services, including Westchester, as
applicable.
Age and Location of User
–All information and content available on this Web Site are solely directed to
individuals 18 years of age or older residing in the United States. The Owner
makes no representation that the Content, information, products, Services or
Software are available for use outside of the United States. Any use of the
Services, Content and Software is prohibited where they are not allowed by law.
This Web Site Contains a Binding Arbitration Provision Which May Be
Enforced By The Parties
Dispute Resolution
– Any controversy or claim arising out of or relating to this Terms of Use
Agreement or use of this Web Site shall be settled by binding arbitration in
accordance with the commercial arbitration rules of the American Arbitration
Association, except that, to the extent you have in any manner violated or
threatened to violate the Owner’s or any member of the ACE Group's intellectual
property rights, the Owner may seek injunctive or other appropriate relief in
any state or federal court in the State of Georgia, and you consent to
exclusive jurisdiction and venue in such courts. 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 conducted in Atlanta, Georgia, and claims regarding the
judgment of the arbitrator (including entry of judgment on the arbitration
award) may be brought and shall be subject to the exclusive jurisdiction of the
State and federal courts located in Atlanta, Georgia, and you waive any
jurisdictional, venue, or inconvenient forum objections to such courts. Either
you or the Owner may seek any interim or preliminary relief from a State or
federal court of competent jurisdiction in Atlanta, Georgia, as may be
necessary to protect the rights or property of you or the Owner pending the
completion of arbitration. You agree that any action to enforce this
arbitration provision will be brought in the federal or state courts located in
Atlanta, Georgia.
Governing Law; Jurisdiction; Venue; Severability of Provisions
– The Terms of Use are governed by the laws of the State of Georgia, USA and
controlling United States Federal Law without regard to any conflicts of law
provisions. If any provision is deemed by a court of competent jurisdiction to
be unlawful or unenforceable, it will not affect the validity and
enforceability of the remaining provisions. The section headings are for
convenience only and do not have any force or effect.
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