Effective Date: January 1, 2020

INTRODUCTION

THESE TERMS OF USE GOVERN YOUR USE OF THE BIG DAY UMBRELLA WEBSITE (“COMPANY”, “WE”, “OUR”, OR “US”) LOCATED AT www.bigdayumbrella.com OR OTHER WEBSITES CONTROLLED BY COMPANY AND ITS AFFILIATES AS WELL AS ANY DOCUMENTS EXPRESSLY INCORPORATED BY REFERENCE AND ANY RULES AND POLICIES PUBLISHED ON THIS WEBSITE (THE “WEBSITE”).

BY ACCESSING THIS WEBSITE, YOU AGREE TO THE TERMS OF USE, AND ANY REVISIONS, AND MODIFICATIONS. IF YOU DO NOT ACCEPT AND AGREE TO BE BOUND BY THESE TERMS OR CONDITIONS YOU ARE NOT AUTHORIZED TO ACCESS OR OTHERWISE USE THIS WEBSITE OR ANY INFORMATION, CONTENT, SERVICES OR SOFTWARE CONTAINED ON THIS WEBSITE. ALL CHANGES ARE EFFECTIVE IMMEDIATELY UPON POSTING, AND APPLY TO ALL ACCESS TO AND USE OF THE WEBSITE THEREAFTER. ANY CHANGES WILL NOT AFFECT ANY DISPUTES ARISING PRIOR TO THE EFFECTIVE DATE OF THE CHANGE. WE MAY SEND YOU NOTICES WITH RESPECT TO THE SERVICE IN VARIOUS MEDIUMS, INCLUDING BY EMAIL ADDRESS, POSTAL MAIL, AND/OR BY POSTING ON THE WEBSITE.

WE ARE AUTHORIZED TO MAKE AVAILABLE INSURANCE COVERAGES OFFERED ON THIS WEBSITE ON BEHALF OF CERTAIN INSURERS. BY PROVIDING MATERIAL ON THE WEBSITE, WE DO NOT IN ANY WAY PROMISE THAT THE MATERIALS WILL REMAIN AVAILABLE TO YOU OR THAT YOU WILL QUALIFY FOR THE PRODUCTS WE ARE AUTHORIZED TO OFFER. WE ARE ENTITLED TO TERMINATE ALL OR PART OF ANY OF ITS WEBSITE AT ANY TIME, WITHOUT NOTICE TO YOU.

ARBITRATION NOTICE: EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE “ARBITRATION AND CLASS ACTION WAIVER” SECTION BELOW, AND IF YOU DO NOT OPT-OUT AS SET FORTH IN THAT SAME SECTION, YOU AGREE THAT DISPUTES BETWEEN YOU AND COMPANY OR ITS AFFILIATES WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION, AND YOU WAIVE YOUR RIGHT TO BRING OR RESOLVE ANY DISPUTE AS, OR PARTICIPATE IN, A CLASS, CONSOLIDATED, REPRESENTATIVE, COLLECTIVE, OR PRIVATE ATTORNEY GENERAL ACTION OR ARBITRATION.

ACCESS TO THIS WEBSITE

To access the Website or some of its resources, you may be asked to provide certain personal details or other information. It is a condition of your use of the Website that all the information you provide on the Website is correct, current, and complete.

In addition, certain other services of the Website, such as applying for coverage, may be governed by additional or different terms and conditions. You should carefully review those terms and conditions as they are presented to you.

From time to time, we may restrict access to some parts of the Website, or the entire Website, to users, including registered users.

We have the right to disable any user name, 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.

PRIVACY

Your use of the Service is also subject to our Privacy Policy that is available online here (“Privacy Policy”) and is incorporated into and made a part of these Terms of Use. The Privacy Policy is subject to change, and you are encouraged to review the Privacy Policy whenever you supply the Website with any information.

Except as otherwise provided herein, by providing information through the use of this Website (such as inquiries, comments, suggestions or ideas) to us, the visitor agrees that such information is provided on a non-confidential basis and that we shall have unlimited rights to use (or not use), distribute (or not distribute), reproduce (or not reproduce), and disclose (or not disclose) such information worldwide as we deem appropriate, without compensation or acknowledgment of its source. We shall be free to use any ideas, concepts, know-how or techniques which are contained in any information a visitor provides to us through this Website.

Should you have any questions or comments about our privacy policies or practice, please direct them to WeatherIns@tmhcc.com.

RESTRICTIONS ON USE

You may use this Website for only for your internal, non-commercial purposes. You agree not to use this Website in any way that violates any applicable federal, state, local or international law or regulation.  You further agree to maintain and update your registration data as needed to keep it accurate, current and complete.  You may not use this Website or any of the content, defined below, contained on it for any other purpose, including any unpermitted commercial purpose, unless we provide our prior written consent to such use.

Uses requiring our prior written consent include the following, without limitation:

  1. co-branding this Website;
  2. framing this Website;
  3. using any robots, scrapers, spiders, data mining tools, or any similar device, tool, software, or process;
  4. hyper-linking to specific product or coverage information; or
  5. reselling or remarketing the content, as defined below.

"Co-branding" means displaying a name, logo, trademark or other means of attribution or identification of any party in a manner reasonably likely to give a user the impression that the other party has the right to display, publish or distribute this Website or its content. You will cooperate fully with Company and its affiliates in causing any unpermitted or unauthorized activity of yours or a third party authorized by you to cease immediately. To the extent that such unpermitted or unauthorized use continues after notice from Company or its affiliates, you agree to pay or reimburse us for any and all costs associated with ending or terminating such use.

PROHIBITED ACTIONS

  1. decompile, reverse engineer, disassemble, modify, reduce the Website to human perceivable form or create derivative works based upon the Website or any part thereof;
  2. disable any licensing or control features of the Website;
  3. “frame” the Website or any portion thereof or otherwise cause the Website or its contents to appear to be provided by anyone except Company and its affiliates;
  4. merge the Website or materials with another program or create derivative works based on the Website or materials;
  5. remove, obscure, or alter any notice of the copyright or other proprietary legends on the Website or materials;
  6. sublicense, assign, translate, rent, lease, lend, resell for profit, distribute or otherwise assign or transfer the materials or access to the Website to others;
  7. use the Website by means of any automated program, expert system, electronic agent or “bot,” and shall not give any person or entity access to the Website;
  8. utilize any “scraping,” copying, republishing, licensing, or selling the data or information on the Website.

PROPRIETARY INFORMATION

The material and content accessible from this Website and any other website Company or its affiliates owns, operates, licenses or controls (the “content”) is the proprietary information of Company or its affiliates or the party that provided the content to us, and Company and its affiliates or such party retains all right, title and interest in the content. Accordingly, the content may not be copied, distributed, republished, uploaded, posted, rented, leased, distributed, modified or transmitted in any way without the prior written consent of Company and its affiliates, except that you may print out a copy of the content solely for your own personal use. In doing so, you may not remove or alter, or cause the removal or alteration of, any copyright, trademark, trade name, service mark or any other proprietary notice or legend appearing on any of the content. Modification or use of the content, except as expressly provided herein, may violate Company’s and its affiliates’ intellectual property rights or a third party’s rights. Neither title nor intellectual property rights in the content are transferred or licensed to you by these Terms or your access of this Website.

TRADE SECRET

Certain information provided to you by Company or its affiliates through non-public portions of the Website may be confidential or trade secret information. You may use or disclose such information only to the extent necessary for the purposes it was disclosed to you. You may not use the Website to circumvent the terms of any referral agreement or in any other manner that is not consistent with the business purpose of the Website.  When reasonable, you must return or destroy such information when you have fulfilled such purpose.

We may hyper-link from the Website to other websites that are not maintained by, or related to, Company or its affiliates. Such hyper-links are provided as a service to you, and the other websites may not be officially sponsored by or affiliated with this Website or Company and its affiliates. Such other websites are solely responsible for their content.  We are under no obligation to maintain any link on this Website and may remove any such link at any time in its sole discretion for any reason whatsoever.  Access hyper-links and third party websites at your own risk.

HYPER-LINKS

We may hyper-link from the Website to other websites that are not maintained by, or related to, Company or its affiliates. Such hyper-links are provided as a service to you, and the other websites may not be officially sponsored by or affiliated with this Website or Company and its affiliates. Such other websites are solely responsible for their content.  We are under no obligation to maintain any link on this Website and may remove any such link at any time in its sole discretion for any reason whatsoever.  Access hyper-links and third party websites at your own risk.

COMPANY AND ITS AFFILIATES MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE CONTENT OF THIRD-PARTY WEBSITES. SUCH HYPER-LINKS ARE PROVIDED TO YOU “AS-IS” “WHERE IS,” AND WE SPECIFICALLY DISCLAIM ANY WARRANTIES WITH REGARD TO COMPLETENESS OR ACCURACY OF THESE HYPER-LINKS OR THE WEBSITES THAT ARE HYPER-LINKED TO THIS WEBSITE. THE INCLUSION OF ANY HYPER-LINK TO A THIRD-PARTY WEBSITE DOES NOT NECESSARILY IMPLY ENDORSEMENT BY OR AFFILIATION WITH COMPANY AND ITS AFFILIATES OF THAT WEBSITE.

SOCIAL MEDIA FEATURES

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 and 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.

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.

SUBMISSIONS

You hereby grant to Company and its affiliates the royalty-free, perpetual, irrevocable, worldwide, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display all stories, anecdotes, “Similes,” content, remarks, suggestions, ideas, graphics, inventions, methods, process, algorithms or other information communicated to us through this Website (collectively, the “Submission”), and to incorporate any Submission into other works in any form, media or technology now known or later developed. We may use any submission in our business (including without limitation, for products or advertising) without incurring any liability for royalties or any other additional consideration of any kind, and will not incur any liability as a result of any similarities to the submission that may appear in our future operations. By providing a Submission, you warrant that you have the right to provide the Submission and that all moral rights in the Submission have been waived.

DISCLAIMER

COMPANY AND ITS AFFILIATES CANNOT AND DOES NOT GUARANTEE OR WARRANT THAT ANY FILES AVAILABLE FOR DOWNLOADING FROM THE INTERNET ARE FREE OF VIRUSES, WORMS, TROJAN HORSES OR OTHER CODE THAT MAY HAVE CONTAMINATING OR DESTRUCTIVE PROPERTIES. YOU ARE RESPONSIBLE FOR IMPLEMENTING SUFFICIENT PROCEDURES AND CHECKPOINTS TO SATISFY YOUR PARTICULAR REQUIREMENTS FOR SECURITY, FOR ACCURACY OF DATA INPUT AND OUTPUT, AND FOR MAINTAINING A MEANS EXTERNAL TO THIS WEBSITE FOR RECONSTRUCTING LOST DATA. WE DO NOT ASSUME ANY RESPONSIBILITY OR RISK FOR YOUR USE OF THE INTERNET OR THE WEBSITE.

USE THIS WEBSITE AT YOUR OWN RISK. EXCEPT AS MAY BE EXPRESSLY STATED IN OTHER APPLICABLE TERMS AND CONDITIONS OR SIMILAR AGREEMENT, THE CONTENT IS PROVIDED “AS IS” AND "AS AVAILABLE" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED. WE DISCLAIM ALL WARRANTIES INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT. WE DO NOT WARRANT THAT ANY FUNCTIONS OR CONTENT CONTAINED IN THIS WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING USE OF THE CONTENT OR RESULTS THEREOF IN TERMS OF ACCURACY, RELIABILITY OR OTHERWISE EXCEPT FOR THE PERSON AND/OR FOR THE USE INTENDED. THE CONTENT MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS, AND WE MAY MAKE CHANGES OR IMPROVEMENTS AT ANY TIME. YOU, AND NOT COMPANY AND ITS AFFILIATES, ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION IN THE EVENT OF ANY LOSS OR DAMAGE ARISING FROM THE USE OF THIS WEBSITE OR THE CONTENT. WE MAKE NO WARRANTIES THAT YOUR USE OF THE CONTENT WILL NOT INFRINGE THE RIGHTS OF OTHERS AND ASSUME NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN SUCH CONTENT.

BY ACCESSING THIS WEBSITE, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY, WHICH PROVIDES AS FOLLOWS: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR."

RELIANCE

The descriptions of products and services contained on this Website are intended to provide a reference guide to the types of products and services offered by Company and its affiliates and are not intended to be relied upon by clients or business partners. Some products and services referenced on this Website may not be available in all areas. Please contact us directly if you wish to obtain specific information concerning the products and services referenced on this Website. All of the information in this Website, whether historical in nature or forward-looking, speaks only as of the date the information was posted on this Website, and we do not undertake any obligation to update such information or to remove such information from this Website, if it is not or is no longer accurate or complete.

PURCHASING INSURANCE POLICIES WHICH WE HAVE AUTHORITY TO MAKE AVAILABLE ON BEHALF OF CERTAIN INSURERS

  1. Where the Website enables you to purchase insurance products or services online:
    1. You may purchase an insurance policy by electronically communicating your acceptance via the Website to us;
    2. We may act on and process all completed Electronic Instructions transmitted or issued through the Website without further consent from or reference to you; and
    3. We may treat an Electronic Instruction as authentic and are under no obligation to investigate the authenticity or authority of persons issuing or transmitting such Electronic Instructions, or to verify the accuracy and completeness of such Electronic Instructions.
  2. Creating a binding insurance contract with an insurer via the Website is a two-step process:
    1. The first step is to create a quote for the insurance product you are interested in and have selected. Upon completion by you of all required information, the Website may provide you with a quote. This quote will remain valid and accessible on the Website for up to 30 days or until 7 days prior to the coverage date, whichever comes first; and
    2. If you wish to take out insurance in accordance with a quote via the Website; then, upon completion by you of all required information, step two enables you to accept that quote and create a binding insurance agreement with a corresponding policy number assigned by the insurer issuing the policy.
  3. When entering into a contract via the Website, you will be considered to have communicated your acceptance to an offer of insurance from us and coverage will be effectuated when all of the following have occurred:
    1. the Electronic Instruction containing the acceptance from you is recorded in OUR main database;
    2. a record is created and stored in our database;
    3. a policy number is generated by the insurer issuing the policy; and
    4. premium due has been received from you by us through payment successfully recorded against your current and valid credit card
  4. When all the conditions stated in (3) have been met, an e-mail will be sent to you indicating that coverage has been placed. If you do not receive an e-mail within three business days after sending payment or if you are applying for event cancellation insurance within 48 hours of the event if sooner, please contact US by e-mail
  5. We may or may not issue a paper confirmation of the insurance policy. The existence of a binding contract is not conditional on our issuing, or you receiving, a paper confirmation of the transaction.

LIMITATION ON LIABILITY

TO THE EXTENT PERMITTED BY LAW OR REGULATION, COMPANY AND ITS AFFILIATES, ITS SUBSIDIARIES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS AND DIRECTORS WILL NOT BE LIABLE FOR ANY INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR OTHER DAMAGES, INCLUDING LOSS OF REVENUE OR INCOME, PAIN AND SUFFERING, EMOTIONAL DISTRESS, OR SIMILAR DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES THAT RELATES IN ANY WAY TO THE USE OF OUR WEBSITE OR WHICH MAY ARISE OUT OF ANY PERSON'S ACCESS OR INABILITY TO ACCESS THIS WEBSITE OR RELIANCE ON THE INFORMATION CONTAINED ON THIS WEBSITE. TO THE EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE COLLECTIVE LIABILITY OF COMPANY AND ITS AFFILIATES AND ITS SUBSIDIARIES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS TO ANY PARTY (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED THE GREATER OF $100 OR THE AMOUNT YOU PAID TO COMPANY OR ITS AFFILIATES FOR THE APPLICABLE CONTENT OR SERVICE OUT OF WHICH LIABILITY AROSE. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, COMPANY’S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.

INDEMNIFICATION

You agree to defend, indemnify, and hold harmless Company and its affiliates, its subsidiaries, licensors, content providers, service providers, employees, agents, officers, directors and contractors (the “Indemnified Parties”) from any breach of these Terms of Use by you, including any use of the content other than as expressly authorized herein, and any claim that your submission violates a third party’s intellectual property or other rights, including the rights of publicity and privacy, or defames a third party. You agree that the Indemnified Parties will have no liability in connection with any such breach or unauthorized use, and you agree to indemnify any and all resulting loss, damages, judgments, awards, costs, expenses and attorneys’ fees of the Indemnified Parties in connection therewith. You will also indemnify and hold the Indemnified Parties harmless from and against any claims brought by third parties arising out of your use of the content and this Website.

TRADEMARKS

Trademarks, service marks and logos appearing in this Website (collectively, the “marks”) are the property of Company and its affiliates or the party that provided us the marks, and we or such party retain all rights with respect to such respective marks. No rights in any marks are granted to you by this agreement or your access of this Website. The Company’s name and logo may not be used in any way, including in advertising or publicity pertaining to distribution of materials on this Website, without prior written permission. You are not authorized to use our logo as a hyperlink to this Website unless you obtain our written permission in advance, although we permit you to use certain designated features of the Website to use our logo as a hyperlink for designated purposes. You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part without our express written consent.

COPYRIGHT

While the Company provides the information on this Website to anyone, we retain copyright on all text and graphic images. As such, one copy of the contents of this Website may be viewed, copied and downloaded for your own personal non-commercial use, provided that this Legal Disclaimer and Notice of Copyright appear in all copies. The contents of this Website may not be modified or used in any manner other than as expressly permitted by the immediately preceding sentence, including without limitation, utilization by reference or the establishment of a link, without the prior written consent of Company and its affiliates.

Except as provided below, none of the materials may be copied, distributed, displayed, downloaded, or transmitted in any form or by any means without the prior written permission of Company and its affiliates or the copyright owner. Unauthorized use of any materials contained on this Website may violate copyright laws, trademark laws, the laws of privacy and publicity, and/or other regulations and statutes. If you believe that any of the materials infringe on any of your intellectual property rights, please contact us immediately at the address provided below. Except as expressly provided herein, Company and its affiliates and the third parties reserve all rights with respect to the Materials, and may pursue all legally available options under both civil and criminal laws (and may cooperate with law enforcement agencies) in the event of any violations, including but not limited to the right to terminate accounts of any user who has infringed a third party’s copyright three times. Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent to the Designated Agent. ALL INQUIRIES NOT RELEVANT TO THE FOLLOWING PROCEDURE WILL NOT RECEIVE A RESPONSE. Click here for link to separate Infringement Notice.

SOFTWARE LICENSES

You acknowledge that any software which may be available or provided to you on this Website may contain technology that is subject to strict controls pursuant to export control laws and regulations of the United States of America and other countries and jurisdictions. You hereby agree that you will not transfer or export such software in violation of such applicable export laws and regulations. We do not authorize the downloading or exportation of any software or technical data from this Website to any jurisdiction prohibited by such export controls laws and regulations.

INFORMATION YOU PROVIDE

You may not post, send, submit, publish or transmit in connection with the Website any material that:

  • you do not have the right to post, send, submit, publish or transmit, including any proprietary material of a third party;
  • advocates illegal activity or discusses an intent to commit an illegal act;
  • is vulgar, obscene, pornographic or indecent;
  • does not pertain directly to the Website;
  • threatens or abuses others; or libels, defames, invades privacy or stalks; or is racist, harassing, threatening or offensive;
  • seeks to exploit or harm minors or older adults by exposing them to inappropriate content, asking for personally identifiable details or otherwise;
  • infringes any intellectual property right or other right of any entity or person, including violating anyone’s copyrights or trademarks, or their rights of privacy or publicity;
  • violates any law or may be considered to violate any law;
  • impersonates or misrepresents your connection to any other entity or person, or otherwise manipulates headers or identifiers to disguise the origin of the content;
  • advertises any commercial endeavor (e.g., products or services) or otherwise engages in any commercial activity (e.g., conducting raffles or contests, displaying sponsorship banners or soliciting goods or services, or any combination thereof) except as may be specifically authorized on this Website;
  • solicits funds, advertisers or sponsors;
  • includes programs that contain viruses, worms, Trojan horses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software, hardware or telecommunications or any combination thereof;
  • amounts to a "pyramid" or similar scheme;
  • disobeys any policy or regulations established from time to time regarding use of this Website or any networks connected to this Website; or
  • contains hyper-links to other websites that contain content that falls within any description set forth above.

WE RESERVE THE RIGHT TO MONITOR USE OF THIS WEBSITE IN ORDER TO DETERMINE COMPLIANCE WITH THESE TERMS OF USE, AND RESERVE THE RIGHT TO REMOVE OR REFUSE ANY INFORMATION FOR ANY REASON. NOTWITHSTANDING THESE RIGHTS, YOU REMAIN RESPONSIBLE SOLELY FOR THE CONTENT OF YOUR SUBMISSIONS. YOU ACKNOWLEDGE AND AGREE THAT NEITHER COMPANY AND ITS AFFILIATES NOR ANY THIRD PARTY THAT PROVIDES CONTENT TO US WILL ASSUME OR HAVE ANY LIABILITY FOR ANY ACTION OR INACTION BY US OR SUCH THIRD PARTY WITH RESPECT TO ANY SUBMISSION OF YOURS. EXCEPT AS EXPRESSLY PROVIDED HEREIN, COMPANY AND ITS AFFILIATES AND THE THIRD PARTIES RESERVE ALL RIGHTS WITH RESPECT TO THE WEBSITE, AND MAY PURSUE ALL LEGALLY AVAILABLE OPTIONS UNDER BOTH CIVIL AND CRIMINAL LAWS (AND MAY COOPERATE WITH LAW ENFORCEMENT AGENCIES) IN THE EVENT OF ANY VIOLATIONS.

ARBITRATION AND CLASS ACTION WAIVER

Excluding claims for injunctive or other equitable relief, for claims related to the Website, including any goods or services purchased through the Website, any dispute or controversy arising out of or relating to this Agreement, including without limitation, any and all disputes, claims (whether in tort, contract, statutory or otherwise) or disagreements concerning the existence, breach, interpretation, application or termination of this Agreement shall be resolved by final and binding arbitration pursuant to the Federal Arbitration Act and in accordance with the JAMS Inc. Comprehensive Arbitration Rules & Procedures then in effect. There shall be no right or authority for any claims to be arbitrated on a class action basis. The arbitration shall take place in Massachusetts or at the option of the party seeking relief, by telephone, online, or via written submissions alone, and be administered by JAMS. The arbitral tribunal (“Tribunal”) shall be composed of one arbitrator, who shall be independent and impartial. If the parties fail to agree on the arbitrator within twenty (20) calendar days after the initiation of an arbitration hereunder, JAMS shall appoint the arbitrator. The arbitration shall be conducted in the English language. The decision of the arbitrator will be final and binding on the parties. Judgment on any award(s) rendered by the arbitrator may be entered in any court having jurisdiction thereof. The arbitrator shall have the authority to determine arbitrability of any disputes arising out of or relating to this Agreement. Nothing in this Section shall prevent either party from seeking immediate injunctive relief from any court of competent jurisdiction, and any such request shall not be deemed incompatible with the agreement to arbitrate or a waiver of the right to arbitrate. The parties undertake to keep confidential all awards in their arbitration, together with all confidential information, all materials in the proceedings created for the purpose of the arbitration and all other documents produced by the other party in the proceedings and not otherwise in the public domain, save and to the extent that disclosure may be required of a party by legal duty, to protect or pursue a legal right or to enforce or challenge an award in legal proceedings before a court or other judicial authority. The arbitrator shall award all fees and expenses, including reasonable attorney’s fees, to the prevailing party. Any judgment rendered by the arbitrator may be entered in any court of competent jurisdiction.

Members may choose to opt out of the agreement to arbitrate by mailing a written opt-out notice (“Notice”) to Company. The Notice must be postmarked no later than thirty (30) days after the date you accept these Terms of Use for the first time. The Notice must be mailed to: Tokio Marine HCC Specialty Group, 401 Edgewater Pl, Ste 400, Wakefield, MA 01880, to the attention of Weather Dept. This procedure is the only mechanism by which you can opt out of the agreement to arbitrate. Opting out of the agreement to arbitrate has no effect on any other parts of this Agreement, or any previous or future arbitration agreements that you have entered into with Company or its affiliates.

GOVERNING LAW

These Terms of Use are governed and interpreted by the laws of Massachusetts, United States of America, notwithstanding any principles of conflicts of law. We make no representation that materials on this Website are appropriate or available for use in other locations. Those who choose to access this Website from other locations do so on their own initiative and are responsible for compliance with applicable local laws.

If you are a consumer, the provisions in these Terms are intended to be only as broad and inclusive as is permitted by the laws of your State of residence. If you are a New Jersey consumer, the terms of “Disclaimer” and “Limitation of Liability” sections above do not limit or waive your rights as a consumer under New Jersey law and the provisions in this Agreement are intended to be only as broad and inclusive as is permitted by the laws of the State of New Jersey. In any event, we reserve all rights, defenses and permissible limitations under the law of your State of residence.

MINORS

At this Website, Company and its affiliates make no active effort to collect personal information from individuals under the age of eighteen (18). We require that Website users must be of legal age to enter into agreements (typically, at least eighteen (18) years of age or older).

NOT A SECURITY OFFER

The information contained on this Website is not an offer to sell or a solicitation to buy any security. No security is offered or will be sold in any jurisdiction in which such offer or solicitation, purchase or sale would be unlawful under the securities laws of such jurisdiction

SEVERABILITY

If any part of these Terms of Use is unlawful, void or unenforceable, that part will be deemed deleted and will not affect the validity and enforceability of any remaining provisions. The waiver of a breach of any provision of this Agreement by a party will not operate or be construed as such party’s waiver of any other or subsequent breach. These Terms of Use constitute the entire agreement between you and Company and its affiliates relating to this subject matter. Notwithstanding the foregoing, any additional terms and conditions on this Website will govern the items to which they pertain.

EMPLOYMENT OPPORTUNITIES

Company and its affiliates are an equal opportunity employer, dedicated to a policy of non-discrimination in employment on any basis including race, color, age, sex, religion, disability or national origin. Consistent with the American Disabilities Act, applicants may request accommodations needed to participate in the application process.

CONTACT US

For further information, or inquiries about these Terms of Use, please contact:

Tokio Marine HCC Specialty Group
Attn: Weather Dept.
401 Edgewater Pl, Ste 400, Wakefield, MA 01880
WeatherIns@tmhcc.com
781-994-6000

Legal Disclaimer and Notice of Copyright
Proprietary Rights

© Copyright 2020, Tokio Marine HCC Specialty Group

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