Website Terms & Conditions of Use

Last Modified: May 28, 2024
 

Welcome to the Hiscox US website! We invite you to access our Website and use our services, but please note that your invitation is subject to your acceptance and agreement with these Terms and Conditions of Use and our Privacy Policy. These Terms and Conditions explain how you are allowed to access and use the Hiscox US websites.
 

Acceptance of the Terms of Use
 

These Terms and Conditions of Use (the “Terms”) are entered into by and between You and Hiscox Inc. ("the Company," "we," or "us"). The Company is a Delaware Corporation, headquartered in Atlanta, d/b/a Hiscox Insurance Agency in CA, and is a licensed insurance intermediary for admitted and surplus lines business underwritten with Hiscox Insurance Company Inc., other domestic insurers, and syndicates at Lloyd’s. Hiscox and Hiscox.com are marketing names used to refer to the group of U.S. domiciled Hiscox companies, including The Company.
 

The following terms and conditions ("Terms of Use") govern your access to and use of the Hiscox websites (www.hiscox.com, www.hiscox.com/partner-agent, and developer.hiscox.com) (collectively, the “Website”), which are hosted, owned, operated, or utilized by Hiscox, including access to and use of any content, functionality and services offered on or through the Website whether as a guest or a registered user and also applies to Hiscox social media pages, including but not limited to Facebook, X (formerly known as Twitter), Instagram, LinkedIn, and TikTok.
 

Please read the Terms of Use carefully before you start to use the Website. By using the Website, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, which you can find at www.hiscox.com/privacy-policy, and which is incorporated herein by reference. If you do not agree to these Terms of Use or the Privacy Policy, you must not access or use the Website.
 

This website is offered to users who are 18 years of age or older and reside in the United States and its territories. By using this Website, you represent that you are of legal age to enter into binding contracts.
 

Changes to the Terms of Use
 

We may modify and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them and apply to all access to and use of the Website thereafter.
 

Your continued use of the Website following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page often so you are aware of any changes, as they are binding on you. If you do not agree with the Terms of Use, you are not permitted to view or otherwise use the Website.
 

Accessing the Website and Account Security
 

We reserve the right to withdraw or amend the Website, and/or any service or material we provide on the Website, in our sole discretion without notice. We will not be liable if, for any reason all, any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users, including registered users.
 

You are responsible for both:
 

  • Making all arrangements necessary for you to have access to the Website.
     
  • Ensuring that all persons who access the Website through your internet connection are aware of these Terms of Use and comply with them.
     

To access the Website or some of the resources it offers, you may be asked to provide certain registration details or other personal or proprietary user information. You consent to the transmission of your personal or proprietary information over international borders, as necessary for processing and storage in accordance with Hiscox’s standard business practices.


It is a condition of your use of the Website that all the information you provide on the Website is correct, current, and complete. You agree that all information you provide to register with this Website or otherwise, including, but not limited to, through the use of any interactive features on the Website, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy. Linked sites may treat your information differently than Hiscox.
 

If you choose, or are provided with, a username, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Website or portions of it using your username, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You should use particular caution when accessing your account from a public or shared computer or network so that others are not able to view or record your password or other personal information.


We have the right to disable or block any username, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.
 

Use of Hiscox.com
 

The Hiscox.com site (the “Site”) is provided by Hiscox for your information and use strictly in accordance with applicable 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.
 

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 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 at www.hiscox.com/small-business-insurance, you should contact Hiscox at (866) 283-7545.
 

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.
 

Prohibited Uses 
 

These Terms of Use permit you to use the Website only for lawful purposes in compliance with Applicable laws, and only using a compatible web browser. You agree that you will not use or access the Site:
 

  1. In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
     
  2. In any way that exploits, harms or attempts to exploit or harm any individual or business, including by exposing them to inappropriate content, asking for personally identifiable information or otherwise.
     
  3. To send, knowingly receive, upload, download, use or re-use any material which does not comply with the Content Standards set out in these Terms of Use.
     
  4. To transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any "junk mail," "chain letter," "spam," or any other similar solicitation.
     
  5. To impersonate or attempt to impersonate the Company, a Company employee, another user or any other person or entity (including, without limitation, by using e-mail addresses or usernames associated with any of the foregoing).
     
  6. To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Website, or which, as determined by us, may harm the Company or users of the Website, or expose them to liability.
     
    • In any manner that could disable, overburden, damage, or impair the site or interfere with any other party's use of the Website, including their ability to engage in real time activities through the Website.
       
    • Via any robot, spider or other automatic device, process or means to access the Site for any purpose, including monitoring or copying any of the material on the Website.
       
    • Via any manual process to monitor or copy any of the material on the Site, or for any other purpose not expressly authorized in these Terms of Use, without our prior written consent.
       
    • Via any device, software or routine that interferes with the proper working of the Website.
       
  7. In any way that introduces any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.
     
  8. To attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer or database connected to the Website.
     
  9. To attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
     
  10. To otherwise attempt to interfere with the proper working of the Website.
     
  11. You must not:
     
  12. Modify copies of any materials from the Website.
     
  13. Use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text.
     
  14. Remove or change, or attempt to remove or change any information, notices, software, features, functionality or other content on the Website.
     
  15. Delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from the Website or in original material, or from any material copied or printed from the Website.
     
  16. Access or use the Website in an unlawful matter or access any portion of the Website intended for use by licensed professionals unless you are such a licensed professional.
     
  17. Access the Website by any means other than through a commercially available web browser. Your further agree that you will not collect any information from or through the Website 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 Website or interfere with any other party’s use and enjoyment of it.
     
  18. Except as specifically authorized or set forth in the Website, you must not access or use for any commercial purposes any part of the Website or any services or materials available through the Website. You may not duplicate, publish, modify, distribute, license, publicly display or create derivative works from any content located on the Website, or use any content on the Website for any commercial purpose, unless expressly authorized by these Terms of Use or by Hiscox in a separate writing.
     

Intellectual Property Rights
 

The Website and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by the Company, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.
 

If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Website in breach of the Terms of Use, your right to use the Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Website not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark and other laws.
 

Copyright and Trademarks
 

The Company name and all related names, logos, product and service marks, designs and slogans (“Marks”) are trademarks of the Company and other parties. You must not use such Marks for any purpose without the prior written permission of the Company or the owner of the relevant Marks.
 

You hereby acknowledge and agree that, as between Hiscox and you, all rights, title, and interest in and to the Website, 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.


The Website contains links to websites and co-branded pages operated and maintained by other parties (each a “Linked Site”). Hiscox provides these links to other websites and co-branded pages as a convenience to provide you with access to information and services that you may find useful or interesting. However, these Linked Sites are not under the control of Hiscox. Hiscox is not responsible for and makes no warranties or representations about the contents, products, or services offered on any Linked Site. 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 or goods or services purchased through them. Your use of Linked Sites is at your own risk.


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.


User Contributions


The Website may contain message boards, chat rooms, personal web pages or profiles, forums, bulletin boards, and other interactive features (collectively, "Interactive Services") that allow users to post, submit, publish, display or transmit to other users or other persons (hereinafter, "post") content or materials (collectively, "User Contributions") on or through the Website.


All User Contributions must comply with the Content Standards set out in these Terms of Use. Any User Contribution you post to the site will be considered non-confidential and non-proprietary. By providing any User Contribution on the Website, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns 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 modified and derivative works thereof. To the extent permitted by applicable laws, you hereby waive any moral rights you may have in any User Content.


You represent and warrant that:
 

  • You own or control, and have documentation to establish, all rights in and to the User Contributions, and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns.
     
  • All of your User Contributions do and will comply with these Terms of Use.


You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and that you, not the Company, have fully responsibility for such content, including its legality, reliability, accuracy and appropriateness. We are not responsible, or liable to any third party, for the content or accuracy of any User Contributions posted by you or any other user of the Website.


Monitoring and Enforcement; Termination


We have the right to:
 

  1. In our sole discretion, immediately and without notice, to suspend, block, or terminate the Terms and/or your ability to access all or part of the Website for any reason.
     
  2. Remove or refuse to post any User Contributions for any or no reason in our sole discretion.
     
  3. Take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates the Terms of Use, including the Content Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Website or the public, or could create liability for the Company.
     
  4. Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
     
  5. Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website.
     

Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
 

The Company cannot review all material before it is posted on the Website and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, Hiscox assumes no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. Hiscox has no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
 

Hiscox may, at any time or from time to time, modify or discontinue, temporarily or permanently, the Website, 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.
 

Content Standards
 

These content standards apply to any and all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all applicable federal, state, local and international laws, and regulations. Without limiting the foregoing, User Contributions must not:
 

  1. Contain any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.
     
  2. Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
     
  3. Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person.
     
  4. Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Use and our Privacy Policy.
     
  5. Be likely to deceive any person.
     
  6. Promote any illegal activity, or advocate, promote, or assist any unlawful act.
     
  7. Cause annoyance, inconvenience or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person.
     
  8. Impersonate any person or misrepresent your identity or affiliation with any person or organization.
     
  9. Involve commercial activities or sales, such as contests, sweepstakes and other sales promotions, barter, or advertising.
     
  10. Give the impression that they emanate from or are endorsed by us or any other person or entity if this is not the case.
     

Reliance on Information Posted
 

This Website may include content provided by third parties, including materials provided by other users, bloggers, and third-party licensors, syndicators, aggregators and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third-parties.
 

Linking to the Website and Social Media Features
 

You may link to our homepage, provided you do so in a way that is compliant with Hiscox’s linking policy.
 

This Website may provide certain social media features that enable you to:
 

  • Link from your own or certain third-party websites to certain content on this Website.
     
  • Send e-mails or other communications with certain content, or links to certain content, on this Website.
     
  • Cause limited portions of content on this Website to be displayed or appear to be displayed on your own or certain third-party websites.
     

You may use these features solely as they are provided by us, solely with respect to the content they are displayed with, and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you must not:
 

  • Establish a link from any website that is not owned by you.
     
  • Cause the Website or portions of it to be displayed, or appear to be displayed by, for example, framing, deep linking or in-line linking, on any other site.
     
  • Link to any part of the Website other than the homepage.
     
  • Otherwise take any action with respect to the materials on this Website that is inconsistent with any other provision of these Terms of Use.
     

The website from which you are linking, or on which you make certain content accessible, must comply in all respects with the Content Standards set out in these Terms of Use. You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission without notice. We may disable all or any social media features and any links at any time without notice in our discretion.
 

No Warranties
 

You understand that the Company cannot and does not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY LINKED SITE. YOU ARE RESPONSIBLE FOR VERIFYING ANY INFORMATION BEFORE RELYING ON IT.
 

YOUR USE OF THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
 

THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
 

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM HISCOX OR THROUGH OR FROM THE WESBITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.
 

Limitation of Liability for Use of Website and Linked Sites
 

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

Without prejudice to any of the foregoing Terms, the partners identified on the Site at www.hiscox.com/small-business-insurance are provided to help you find services or products which may be useful to you. However, you are solely responsible for deciding whether any of these partners, services, or products are suitable for your purposes and Hiscox takes no responsibility for the partners listed or their services and products. Similarly, any small businesses or other parties identified on the Site as recipients of Hiscox Foundation support are provided for reference only. You should not interpret any such support or any links to the websites of support recipients as indicating that Hiscox sponsors, endorses, or is affiliated with such businesses, their sites, or their products and services. Hiscox takes no responsibility for the support recipients listed or their respective sites, products, or services.
 

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 WEBSITE OR ANY LINKED SITE (INCLUDING ANY PRODUCTS OR SERVICES OFFERED ON SUCH SITES), 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 WEBSITE 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.
 

Indemnification
 

You agree to defend, indemnify and hold harmless the Company, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms of Use or your use of the Website, including, but not limited to, your User Contributions, any use of the Website's content, services and products other than as expressly authorized in these Terms of Use, or your use of any information obtained from the Website.
 

Governing Law and Jurisdiction
 

  1. 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.
     
  2. 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.
     
  3. 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.
     
  4. 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.
     
  5. 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 Website 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.
     

Limitation on Time to File Claims
 

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE WEBSITE MUST BE COMMENCED WITHIN SIX MONTHS AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
 

Waiver and Severability
 

No waiver of by the Company of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.
 

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue 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.
 

Entire Agreement
 

The Terms of Use and our Privacy Policy constitute the sole and entire agreement between you and Hiscox Inc. with respect to the subject matter herein. The Terms related to the Website only, however, other Hiscox websites may also contain a Terms of Use or Terms and Conditions that differ from these Terms. When visiting other websites please make sure that your read their terms of use and/or terms and conditions.
 

Your Comments and Concerns
 

This website is operated by Hiscox Inc., 5 Concourse Parkway, Suite 2150, Atlanta, Georgia 30328.
 

Any complaints about the Website or notices of copyright infringement claims should be addressed to:
 

Legal Department
5 Concourse Parkway, Suite 2150
Atlanta, GA 30328
Email: [email protected]


All other feedback, inquiries, comments, requests for technical support and other communications relating to the Website should be directed to:
 

Contact for Inquiries – (866) 283-7545
5 Concourse Parkway, Suite 2150
Atlanta, GA 30328
Email: [email protected]


Access to password protected/secure/restricted access Site areas


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.


With regard to small business insurance available online at www.hiscox.com/small-business-insurance, the Site 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.


Payment


With regard to small business insurance available online at 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 Chase Paymentech (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.