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Terms of use for hiscox.com

Hiscox Terms of Use
Last updated July 23, 2013

THESE TERMS OF USE (THE “TERMS” or “AGREEMENT”) CONSTITUTE A LEGAL AGREEMENT BETWEEN YOU (THE “USER”), AND HISCOX INC. (“HISCOX”). The Agreement provides the legal terms under which you may utilize www.hiscox.com and m.hiscox.com (together the "Site"). Hiscox Inc. is a Delaware corporation, d/b/a Hiscox Insurance Agency in CA, headquartered in New York, and is a licensed insurance intermediary for admitted and surplus lines business. Hiscox and hiscox.com are the marketing names used to refer to the group of U.S. domiciled Hiscox companies, including Hiscox Inc.

Hiscox Inc. underwrites on behalf of, and places property and casualty insurance business with Hiscox Insurance Company Inc., other domestic insurers, and syndicates at Lloyd’s. The ability of syndicates at Lloyd’s to do business in the United States, and its territories, is restricted as they are not U.S.-based insurers.

Hiscox Insurance Company Inc. (NAIC Number 10200) is a Chicago, IL domiciled insurer which is admitted or licensed to do business in all 50 states and the District of Columbia.

Hiscox may amend this Agreement at any time by posting the amended Terms on the Site, and you agree that your use of the Site after such changes will constitute your acceptance of such changes. Changes to this Agreement will not be applied retroactively. For your convenience, the date of last revision is included at the top of this page. If you do not agree with the Terms, you are not permitted to view or otherwise use the Site.

1. Use of Hiscox.com

1.1 The Site is provided by Hiscox for your information and use strictly in accordance with applicable international, federal, state and local laws and regulations ("Applicable Laws"), and you agree that you will abide by all Applicable Laws while accessing or using the Site.

1.2 The Site refers to U.S. business activities and/or products and services and provides general information with respect to such products and services. Except with regard to small business insurance available online at this Site www.hiscox.com/small-business-insurance/: (a) such general information is not intended to be, and does not constitute, a solicitation of business from any resident of the U.S. and its states and territories and (b) inquiries from U.S. residents as to insurance or other products or services should be directed to an insurance agent or broker licensed to conduct business in the relevant US state. If you require further information about small business insurance available online at this Site www.hiscox.com/small-business-insurance/, you should contact Hiscox.

1.3 All portions of the Site related to Business Insurance through Brokers are intended and permitted for use solely by licensed brokers and other licensed market professionals. Unless you are a licensed broker or market professional, you are prohibited from accessing or using any content on the Site regarding Broker Services or Insurance Products. The portion of the Site related to Insurance Products for Small Business Owners at www.hiscox.com/small-business-insurance is intended to be used by you with regard to the insurance products described there.

2. Allowable uses of the Site

You may:

2.1 Browse and use the Site for lawful purposes, in compliance with all Applicable Laws, using a compatible web browser. Permission to browse the Site includes permission to make transient or cached copies of parts of the Site to the extent that this occurs in the normal course of using your browser and that these copies are used only to facilitate current or subsequent access to the Site by you;

2.2 Print a copy of any page of the Site for your own personal, lawful purposes in compliance with all Applicable Laws, provided you do not erase or delete any legends or disclaimers on such materials; and,

2.3 Otherwise use the Site in accordance with all Applicable Laws without engaging in any conduct or activities set out under the heading "What you are not allowed to do", below.

3. What you are not allowed to do on the Site:

3.1 Except as stated in Part 2, above, you are not allowed to make copies of any part of the Site, nor distribute, publish, or retransmit any copies.

3.2 You may not remove or change, nor attempt to remove or change, any information, notices, software, features, functionality or other content on the Site.

3.3 You are not allowed to remove or change any copyright, trademark or other intellectual property right notices nor any other notices or disclaimers contained on the Site or in the original material, or from any material copied or printed from the Site.

3.4 You may not access or use the Site in an unlawful manner, nor access any portion of the Site intended for use by licensed professionals unless you are such a licensed professional.

3.5 You may not transmit, retransmit, upload or store any information or content in violation of any Applicable Laws including, but not limited to, obscenity, indecency, defamation or infringement of intellectual property rights laws or regulations. Additionally, you may not abuse or fraudulently use the Site, nor allow nor permit such use by others, nor provide false information about you or impersonate another person or entity, nor misrepresent User’s status or affiliation with any other person or entity at any time.

3.6 You may not duplicate, publish, modify, distribute, license, publicly display or create derivative works from any content located on the Site, or use any content on the Site for any commercial purpose, unless expressly authorized by these Terms or by Hiscox in a separate writing.

3.7 You may not access the Site by any means other than through a commercially available web browser. You further agree that you will not collect any information from or through the Site using any automated means, including without limitation any script, spider, "screen scraping," or "database scraping" application. You will not damage, disable, overburden, or impair the Site or interfere with any other party's use and enjoyment of it.

4. Your personal information

4.1 User acknowledges and agrees that by providing Hiscox with any personal or proprietary User information through the Site, User consents to the transmission of such personal or proprietary User information over international borders as necessary for processing and storage in accordance with Hiscox's standard business practices. Usage of your personal information is governed by our Privacy Policy (view Hiscox's Internet Privacy Policy). If you do not agree with our Privacy Policy, you may not use the Site. Linked Sites may treat your information differently than Hiscox.

4.2 Without limitation of any of the rights granted to Hiscox herein, User acknowledges and agrees that Hiscox may preserve and disclose information about you, your policy and transactions made through the Site if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce our rights; or (c) protect the rights, property, or personal safety of Hiscox any individual or the public.

5. Copyright and trademark rights

5.1 The trademarks, logos and service marks ("Marks") displayed on the Site are the property of Hiscox and other parties. Users are prohibited from using any Marks for any purpose including, but not limited to, use as metatags on other pages or websites without the prior written permission of Hiscox or the owner of the relevant Marks.

5.2 You hereby acknowledge and agree that, as between Hiscox and you, all right, title, and interest in and to the Site, including without limitation any patent rights, patents, business methods, copyrights, trademarks, trade secrets, inventions, know-how, and all other intellectual property rights pertaining thereto, shall be owned exclusively by Hiscox.

5.3 The Site may contain links to websites operated by other parties (each a “Linked Site”). Hiscox provides these links to other websites as a convenience, and your use of these websites is at your own risk. The Linked Sites are not under the control of Hiscox, and Hiscox is not responsible for the content available on these third party websites. Such links do not imply Hiscox's endorsement of information or material on any other website and Hiscox disclaims all liability with regard to your access to and use of such Linked Sites.

5.4 Unless otherwise set forth in a written agreement between you and Hiscox, you must adhere to Hiscox's linking policy as follows: (i) the appearance, position and other aspects of the link may not be such as to damage or dilute the reputation of Hiscox; (ii) the appearance, position and other attributes of the link may not create the false appearance that your organization or entity is sponsored by, affiliated with, or associated with Hiscox; (iii) when selected by a user, the link must display the Site on full-screen and not within a "frame" on the linking website; and (iv) Hiscox reserves the right to revoke its consent to the link at any time and in its sole discretion.

6. No Warranties

THE SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. HISCOX MAKES NO WARRANTY AS TO THE ACCURACY, SECURITY, COMPLETENESS OR RELIABILITY OF ANY CONTENT AVAILABLE THROUGH THE SITE. YOU ARE RESPONSIBLE FOR VERIFYING ANY INFORMATION BEFORE RELYING ON IT.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM HISCOX OR THROUGH OR FROM THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS. HISCOX SHALL NOT BE LIABLE FOR ANY ERRORS OR DELAYS IN THE CONTENT, OR FOR ANY ACTIONS TAKEN IN RELIANCE THEREON.

7. Limitation of liability for use of the Site and Linked Sites

7.1 Hiscox is under no obligation to update any content on the Site. Hiscox may change the content on the Site, and may make improvements or changes to the Site, at any time without notice.

7.2 YOU AGREE THAT HISCOX, ITS PARENT, SUBSIDIARIES, AFFILIATES ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS WILL NOT BE LIABLE, WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, FOR ANY LOSS OR DAMAGE WHICH YOU MAY CLAIM TO HAVE SUFFERED BY REASON OF OR IN CONNECTION WITH THE SITE OR ANY LINKED SITE, INCLUDING WITHOUT LIMITATION COMPENSATORY, PUNITIVE, SPECIAL, CONSEQUENTIAL, INCIDENTAL OR INDIRECT DAMAGES (INCLUDING WITHOUT LIMITATION LOST PROFITS, LOST SERVICE OR LOST OPPORTUNITY),EVEN IF HISCOX IS MADE AWARE OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION ON LIABILITY INCLUDES, BUT IS NOT LIMITED TO, THE TRANSMISSION OF ANY VIRUSES WHICH MAY INFECT A USER’S EQUIPMENT, FAILURE OF MECHANICAL OR ELECTRONIC EQUIPMENT OR COMMUNICATION LINES, TELEPHONE OR OTHER INTERCONNECT PROBLEMS (E.G. YOU CANNOT ACCESS YOUR INTERNET SERVICE PROVIDER), UNAUTHORIZED ACCESS, THEFT, OPERATOR ERRORS, STRIKES OR OTHER LABOR PROBLEMS OR ANY OTHER EVENTS WHATSOEVER. WITHOUT LIMITING THE FOREGOING, HISCOX'S AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT AND YOUR USE OF THE SITE SHALL NOT EXCEED THE AMOUNT PAID BY YOU TO HISCOX DURING THE SIX (6) MONTHS PRIOR TO THE DATE THE APPLICABLE CAUSE OF ACTION AROSE.

8. Suspension and termination of service

Hiscox reserves the right, at its sole discretion, immediately and without notice, to suspend or terminate the Terms and/or your ability to access the Site for any reason, including without limitation any breach by you of the Terms or conduct by you that Hiscox determines in its sole and absolute discretion to be inappropriate. You agree that Hiscox shall not be liable to you or any third-party for any such suspension or termination. Hiscox may, at any time and from time to time, modify or discontinue, temporarily or permanently, the Site, or any portion thereof, with or without notice. You agree that Hiscox shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Site.

9. Site inquiries or complaints

If you have any inquiries about the Site, please address them to:

Customer Services Manager
Hiscox
520 Madison Avenue
32nd Floor
New York, New York 10022
Tel: 914-273-7400
Email: inquiryusa@hiscox.com

If you have any complaints about the Site, please address them to:

Legal Department
Hiscox
520 Madison Avenue
32nd Floor
New York, NY 10022
Tel: 914-273-7400
Email: US_Helpdesk_RFL@Hiscox.com

10. Access to password protected/secure/restricted access Site areas

10.1 Access to and use of password protected areas and/or secure access areas and/or areas restricted to licensed professionals on the Site is limited to authorized users only. Unauthorized individuals attempting to access these areas of the Site may be subject to prosecution.

10.2 With regard to small business insurance available online at this Site www.hiscox.com/small-business-insurance/ may contain some features that require registration. At the time you register for access, you will select an email address and password to use in connection with future access to the Site. You are responsible for maintaining the confidentiality of your password and you are fully responsible for all uses of your password, whether by you or others. You agree to keep your password confidential and not to share it with anyone else, and to promptly notify Hiscox of any unauthorized use of your password or any other breach of security.

11. Payment

With regard to small business insurance available online at this Site www.hiscox.com/small-business-insurance/ you acknowledge and agree that Hiscox is authorized, but not required, to act on payment instructions received from you or anyone using your email address and password. You authorize Hiscox to: (a) initiate payments from or debits against your financial account(s) periodically for the amount then due; and (b) initiate any other payments or debits authorized by you or anyone using your email address and password. This authorization will remain in force until thirty (30) days after you change your payment preferences. All payments must be made in U.S. dollars from a U.S. bank. You acknowledge that transactions are facilitated by DataCash Ltd (the “Processor”), and agree that Hiscox may share your information, including information about your financial accounts, with the Processor for this purpose. You understand and agree that no transaction, including without limitation the purchase of any insurance policy, is final until you receive a confirmation from Hiscox. Please print and save the confirmation displayed on the Site after making a purchase.

 

12. User Content

 

"User Content" means any content, material or information that you contribute through the Site. You hereby grant Hiscox a perpetual, irrevocable, worldwide, paid-up, non-exclusive license and right, including the right to sublicense to third parties, to: reproduce, fix, adapt, modify, translate, reformat, create derivative works from, publish, distribute, sell, license, sublicense, transfer, rent, lease, transmit, publicly display, publicly perform or provide access to electronically broadcast, display, perform, enter into computer memory; and the right to use and practice such User Content as well as all modified and derivative works thereof. You hereby represent and warrant that you have, and have the documentation to establish, all necessary rights to grant the license referenced in the preceding sentence. To the extent permitted by applicable laws, you hereby waive any moral rights you may have in any User Content.

13. Dispute Resolution and Governing Law

a) Binding Arbitration. If you and Hiscox are unable to resolve any controversy or claim related to this Agreement (each a "Dispute"), both parties agree that, except for those Disputes expressly excluded below, such Dispute shall be finally and exclusively resolved by binding arbitration. YOU UNDERSTAND THAT ABSENT THIS PROVISION, YOU MAY HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association ("AAA"). For the convenience of the parties, the arbitration may be conducted in person, through the submission of documents or by phone. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so.

b) Restrictions. You and Hiscox agree that any arbitration shall be limited to the Dispute between Hiscox and you individually. To the full extent permitted by law: (1) no arbitration shall be joined with any other; (2) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (3) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.

c) Exceptions to Arbitration. You and Hiscox agree that the following Disputes are not subject to the above provisions concerning binding arbitration: (1) any Disputes seeking to enforce or protect, or concerning the validity of, any of Hiscox's intellectual property rights; (2) any claim for injunctive relief; and (3) any attempt to collect a debt.

d) Location. Any arbitration will take place in New York, NY. Any Dispute not subject to arbitration (other than claims proceeding in any small claims court), shall be decided by a court of competent jurisdiction within New York, NY, and you and Hiscox hereby submit to the personal jurisdiction of that court.

e) Governing Law. Except as otherwise provided for herein, this Agreement shall be governed by, and will be construed under, the laws of the State of New York, without regard to choice of law principles. Those who choose to access the Site from locations outside of the United States do so on their own initiative, and are responsible for compliance with local laws if and to the extent local laws are applicable.

14. General Terms

If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms shall remain in full force and effect. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Hiscox's failure to act with respect to any failure by you or others to comply with these Terms does not waive Hiscox's right to act with respect to subsequent or similar failures. These Terms set forth the entire understanding and agreement between you and Hiscox with respect to the subject matter hereof. These Terms relate to this Site only. Other Hiscox websites may also contain a Terms of Use or Terms and Conditions that may differ from these Terms. When visiting other Hiscox websites (for example, Hiscox.com) please make sure that you read their Terms of Use or Terms and Conditions.

Any cause of action or claim you may have with respect to this Agreement or the Site must be commenced within six (6) months after the claim or cause of action arises or such claim or cause of action shall be barred. You may not assign or transfer your rights or obligations under this Agreement without the prior written consent of Hiscox, and any assignment or transfer in violation of this provision shall be null and void. Hiscox shall not be liable for any delay or failure to perform resulting from causes outside the reasonable control of Hiscox, including without limitation any failure to perform hereunder due to unforeseen circumstances or cause beyond Hiscox’s control such as acts of God, fire, flood, earthquake, accidents, strikes, war, terrorism, governmental act, failure of common carriers (website providers and web hosting providers), or shortages of transportation facilities, fuel, energy, labor, or materials.