While BigDayUmbrella.com (WE, OUR, US) 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 BigDayUmbrella.com.
WE reserve the right at any and all times and in its sole discretion to change the content of this Website and the products and services referenced heron. WE reserve all other rights.
The BigDayUmbrella.com logo is a service mark of BigDayUmbrella.com. Other product and company names referenced herein may be the service marks of their respective owners.
DISCLAIMER OF LIABILITY
WE maintain this Website as a service to the Internet community. The information contained in this Website is subject to change without notice, and WE assume no commitment to update the information contained herein. You hereby acknowledge that any reliance upon such information shall be at your sole risk. This service and all such information is provided on an "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. IN NO EVENT SHALL BIGDAYUMBRELLA.COM BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR ANY OTHER DAMAGES OF ANY KIND WHICH MAY ARISE OUT OF ANY PERSON'S ACCESS OR INABILITY TO ACCESS THIS WEBSITE OR RELIANCE ON THE INFORMATION CONTAINED IN THIS WEBSITE.
The World Wide Web exists across public networks, many of which are insecure. This Website uses the security features of Internet Explorer on most forms on this site. However, WE cannot guarantee the security of the in-transit information. BigDayUmbrella.com disclaims any and all liability for interception by unauthorized persons and for any computer viruses that may be loaded into your computer as a result of the downloading of any information from this or any other Website. The descriptions of products and services contained in this Website are intended to provide a reference guide to the types of products and services offered by US and are not intended to be relied upon by clients or business partners. Please contact us directly if you wish to obtain specific information concerning the products and services referenced in this Website.
DISCLAIMER OF ENDORSEMENT
Any stock pricing information appearing on any third party Website linked to this Website is updated periodically from a source other than BigDayUmbrella.com. BigDayUmbrella.com does not assume any responsibility for the accuracy of such pricing information or any other materials included on such third party Website. Accordingly, such information must not be used for any formal analysis or estimation.
All links and frames of this Website to third party sites are provided as a convenience only. WE do not control or endorse the information and content contained on any such sites, or their sponsors.
BigDayUmbrella.com is under no obligation to maintain any link on this Website and may remove any such link at any time at its sole discretion for any reason whatsoever.
DISCLAIMER OF PRIVACY
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.
This Website is controlled and operated by US from our offices within the State of Massachusetts, United States of America WE make no representation that materials on the 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.
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.
Should a court of competent jurisdiction hold or find any portion or provision of any of the disclaimers appearing hereon illegal, non-enforceable, or invalid, the remainder of the disclaimer or disclaimers shall remain in full force and effect in that case and in all other cases.
FORWARD LOOKING STATEMENTS
The information contained on this Website contains certain "forward-looking statements" within the meaning of Section 27A of the Securities Act of 1933 and Section 21E of the Securities Exchange Act of 1934, which are intended to be covered by the safe harbors created by those laws. These forward-looking statements include information about possible or assumed future results of our operations. All statements, other than statements of historical facts, included or incorporated by reference on this Website that address activities, events or developments that we expect or anticipate may occur in the future, including such things as future capital expenditures, business strategies, competitive strengths, goals, growth of our businesses and operations, plans and references to future successes may be considered forwardlooking statements. Also, when we us words such as "anticipate," "believe," "estimate," "expect," "intend," "plan," "probably" or similar expressions, we are making forward-looking statements.
Many risks and uncertainties may impact the matters addressed in these forward-looking statements. Many possible events or factors could affect out future financial results and performance. These could cause our results or performance to differ materially from those we express in our forward-looking statements. Although we believe that the assumptions underlying our forward-looking statements are reasonable, any of these assumptions, and therefore also the forward-looking statements based on these assumptions, could themselves prove to be inaccurate. In light of the significant uncertainties inherent in the forward-looking statements included on this Website, our inclusion of this information is not a representation by us or any other person that our objectives and plans will be achieved.
Our forward-looking statements speak only as of the date made, and we will not update these forwardlooking statements unless the securities laws require us to do so. In light of these risks, uncertainties and assumptions, the forward-looking events discussed on this Website may not occur.
WE 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.
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.
E-MAIL AND PASSWORD SECURITY
If such functionality has been made available to you, when you select a password and sign-up in order to access OUR online policyholder services, you agree to the following conditions:
WE are authorized to act on instructions received under your password without any requirement to question those instructions;- WE are not liable for any unauthorized access to your personal information that is not directly due to OUR negligence
- Your password contains sensitive information and you will keep it confidential and secret;
- You will notify US immediately if you believe anyone else has learned your password or if you believe an unauthorized access to the Website or your personal information has occurred or may occur;
- You will logout from your account at the end of each session;
- WE may deny access or block any transaction made under your password without prior notice if we believe your password is being used by someone other than you, or if any unauthorized access to your personal information has occurred or may occur, or for any other reason.
It is your sole responsibility to control the dissemination and use of your password, control access to and use of your account, and notify US when you desire to cancel your account on the Website. WE will not be responsible or liable for any loss or damage arising from your failure to comply with this provision. JURISDICTION Unless otherwise specified, the materials on our site are presented to provide information about US, and the insurance products WE are able to make available under authorization from certain insurers. Massachusetts law shall govern and control any action concerning this site. We do not in any way imply that the materials on the site or the products WE discuss are available for use outside the United States or in jurisdictions in which we are not licensed to do business, or that we are soliciting business in any such jurisdiction. Unless otherwise expressly set forth herein, WE make no representation that materials on this Website are appropriate or available for use in any location. Those who choose to access this Website do so on their own initiative and are responsible for compliance with local laws.
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:
(a) You may purchase an insurance policy by electronically communicating your acceptance via the Website to US;
(b) 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
(c) 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:
(a) 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
(b) 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:
(a) the Electronic Instruction containing the acceptance from you is recorded in OUR main database;
(b) a record is created and stored in OUR database;
(c) a policy number is generated by the insurer issuing the policy; and
(d) 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.
INFORMATION SUBMITTED BY YOU
You warrant and represent that any information you enter on this Website 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 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.
When you visit this Website or send e-mails to US, you are communicating with US electronically. Accordingly, 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.
SURPLUS LINES PRODUCTS
Certain products described in this Website may be underwritten by surplus lines insurers. Any such products will be clearly designated as such, and will be sold on a surplus lines basis only. This requires that they are available only through properly licensed excess and surplus lines brokers and in accordance with applicable surplus lines laws which may limit their availability in certain states.
LIMITATION OF LIABILITY
While WE use reasonable efforts to include accurate and up-to-date information on this Website, errors or omissions sometimes occur. To the fullest extent permissible under applicable law, WE make no warranties or representations as to the accuracy of the content of this Website and under no circumstances, including, but not limited to, negligence, shall WE or any party involved in creating, producing, or delivering the Website be liable to you for any direct, incidental, consequential, indirect, or punitive damages that result from the use of, or the inability to use, the materials on this Website, even if WE or OUR authorized representative has been advised of the possibility of such damages.
WE assume no responsibility, and shall not be liable for, any damages to, or viruses that may infect your computer equipment or other property as a result of your access to, use of, or browsing in the Website or your downloading of any materials, data, text, images, video, or audio from this Website.
RESTRICTIONS ON USE OF MATERIALS
This Website is owned and operated by US. Except as otherwise expressly permitted by US no materials from this Website or any Website owned, operated, licensed or controlled by US may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way. You may download material displayed on this Website for your use only, provided that you also retain all copyright and other proprietary notices contained on the materials. You may not distribute, modify, transmit, reuse, repost, or use the content of this Website for public or commercial purposes, including the text, images, audio, and video without OUR written permission. You may not provide the content to OUR competitors or the competitors of the insurer on whose behalf the quote was made to solicit competitive quotes or for any other purpose. WE neither warrant nor represent that your use of materials displayed on this Website will not infringe rights of third parties.
No insurance product or other product or service is offered or will be sold by US, or, if sold by US will be effective, in any jurisdiction in which such offer or solicitation, purchase or sale would be unlawful under the insurance or other laws of such jurisdiction. Some products and services may not be available in all jurisdictions.
TRADEMARKS AND COPYRIGHTS
All trademarks, services marks, trade names, logos, and icons are proprietary to US, OUR affiliated companies and companies with which we have contractual arrangements. Nothing contained on this Website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark displayed on the Website. Your use of the trademarks displayed on this Website, or any other content on this Website, except as provided herein, is strictly prohibited.
Images displayed on this Website are either OUR property, or used with permission. The use of these images by you, or anyone else authorized by you, is prohibited. Any unauthorized use of images may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.
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.
ACCESSIBILITY OF SERVICES
Consistent with the American Disabilities Act, applicants may request accommodations needed to participate in the application process.
DISCLAIMER OF ENDORSEMENT
All links and frames of this Website to third party sites are provided as a convenience only. WE do not control or endorse the information and content contained on any such sites, or their sponsors. WE are under no obligation to maintain any link on this Website and may remove any such link at any time at its sole discretion for any reason whatsoever