Terms of Use
LAST CHANGED: June 8th, 2008
TERMS APPLICABLE TO ALL USERS
1. Introduction
YOUR USE OF THIS WEB SITE IS EXPRESSLY CONDITIONED UPON YOUR ACCEPTING AND
AGREEING TO THESE TERMS OF USE. IF THESE TERMS OF USE ARE NOT COMPLETELY
ACCEPTABLE TO YOU, YOU MUST IMMEDIATELY TERMINATE YOUR USE OF THIS WEB SITE. You
may print a copy of these Terms of Use for your records at any time by using the
"print" function on your internet browser. These Terms of Use ("Legal Terms")
describe the terms and conditions applicable to your access and use of this web
site, which is owned, operated and controlled by Zurich American Insurance
Company ("Zurich", "we", "us", or "our"). Zurich does business as Zurich North
America. Zurich may, at any time, for any reason and without notice, make
changes to (i) this Web Site, including its look, feel, format, and content, as
well as (ii) the products and/or services as described in this Web Site. Any
modifications will take effect when posted to the Web Site. Therefore, each time
you access the Web Site, you need to review the Legal Terms upon which access
and use of this Web Site is conditioned. By your continuing use of the Web Site
after changes are posted, you will be deemed to have accepted such changes. This
web site ("Web Site") is directed to those individuals and entities located in
the United States. It is not directed to any person or entity in any
jurisdiction where (by reason of nationality, residence, citizenship or
otherwise) the publication or availability of the Web Site and its content,
including its products and services, are unavailable or otherwise contrary to
local laws or regulations. If this applies to you, you are not authorized to
access or use any of the information on this Web Site. Zurich makes no
representation that the information, opinions, advice or other content on the
Web Site (collectively, "Content") is appropriate or that its products and
services are available outside of the United States. Those who choose to access
this Web Site from other locations do so at their own risk and are responsible
for compliance with applicable local laws. Not all of the products and services
described on this Web Site are available in all geographic areas of the United
States. You may not be eligible for all of the insurance products and services
described in this Web Site. Zurich reserves the right to determine all
eligibility for such products and services in its sole discretion. The Web Site
may provide a general description of certain types of insurance products,
coverage and services available through Zurich. These descriptions are not a
part of an insurance contract or policy and do not amend, revise or alter the
terms of any policy issued through or services provided by Zurich.
2. Scope of Use and User E-Mail
You are only authorized to view, use, copy for your records and download small
portions of the Content (including without limitation text, graphics, software,
audio and video files and photos) of this Web Site for your informational,
non-commercial use, provided that you leave all the copyright notices, including
copyright management information, or other proprietary notices intact. You may
not store, modify, reproduce, transmit, reverse engineer or distribute a
significant portion of the Content on this Web Site, or the design or layout of
the Web Site or individual sections of it, in any form or media. The systematic
retrieval of data from the Web Site is also prohibited. E-mail submissions over
the Internet may not be secure and are subject to the risk of interception by
third parties. Please consider this fact before e-mailing any information. Also,
please consult our Internet privacy statement at Section 4 in these Legal Terms.
You agree not to submit or transmit any e-mails or materials through the Web
Site that (i) are defamatory, threatening, obscene or harassing, (ii) contain a
virus, worm, Trojan horse or any other harmful component, (iii) incorporate
copyrighted or other proprietary material of any third party without that
party's permission or (iv) otherwise violate any applicable laws. Zurich shall
not be subject to any obligations of confidentiality regarding any information
or materials that you submit online except as specified in these Legal Terms, or
as set forth in any additional terms and conditions relating to specific
products or services, or as otherwise specifically agreed or required by law.
The commercial use, reproduction, transmission or distribution of any
information, software or other material available through the Web Site without
the prior written consent of Zurich is strictly prohibited.
3. Copyrights and Trademarks; Digital Millennium Copyright Act Take-Down
Procedures
The Web Site is protected by copyright as a collective work and/or compilation,
pursuant to U.S. copyright laws, international conventions and other laws.
Unless otherwise indicated, the Content, including, but not limited to, graphic
images, buttons, layout, trademarks, service marks, logos, text, and other
materials contained in this Web Site are the exclusive property of Zurich or its
third party licensors; except as otherwise set forth in the following paragraphs
of this Section 3. Except as expressly provided under the "Scope of Use" Section
above, you may not use, reproduce, modify, transmit, distribute, or publicly
display or operate this Web Site without the prior written permission of Zurich.
You may not use a part of this Web Site on any other web site, without Zurich's
prior written consent.
For some of our users who are registered with Zurichna.com, we provide “bulletin
board-type” services, where users are able to post messages or other materials
that will be accessible only to other registered users of their choice. Because
we provide these services, Zurich takes special precautions to respect the
intellectual property of others and we ask that our users do the same. If you
believe that the Web Site displays copyrighted material that infringes on your
legal rights, and you want us to take down or disable the infringing materials,
please provide Zurich's copyright agent with the information listed below, which
is intended to substantially conform to the requirements set forth in the
Digital Millennium Copyright Act, 17 U.S.C. Section 512 (c)(3)(A). Our
Designated Agent for Notice of claims of copyright infringement on the Web Site
is accessible through Email at:
dnstech@zurichna.com.
The following information must be submitted so that we may properly address any
notice of complaint:
- Identification of the copyrighted work claimed to be infringed.
- Identification of the material claimed to be infringing together with
"information reasonably sufficient to permit the service provider to locate the
material."
- Specifically, a complete URL or URLs in the case of multiple works, must be
provided.
- Your address, telephone number, and email address.
- A statement that the complaining party believes, in good faith, that the
copyrighted material identified is being used in a manner that is not authorized
by "the copyright owner, its agent, or the law."
- A statement that the information in the notification is accurate, and under
penalty of perjury, that the complaining party is authorized to act on behalf of
the owner of an exclusive right that is allegedly infringed; plus a physical or
electronic signature of the complaining party.
- Any notification that fails to comply with the provisions above may not, in our
sole discretion, be considered sufficient notice and may not be deemed to confer
upon Zurich actual knowledge of facts or circumstances from which infringing
material or acts are evident.
4. Privacy
Internet Privacy Statement
The nature of our business requires a relationship of respect with the users of
the Web Site. As with other companies that maintain Internet sites, we want you
to know about our Internet privacy practices. The following statement sets forth
our current practices and applies to www.Zurichna.com and any other sites that
are owned, operated and controlled by Zurich in the United States. Apart from
this statement, however, if you are a Zurich policyholder entitled by law or
regulation to a notice about our privacy policy and our use of personal
financial and health information, then that privacy policy is provided in
connection with the insurance policy. The privacy policy notice included with
any insurance policy is separate and in addition to this Internet privacy
statement. Changes to this Internet privacy statement may be made at any time,
as described in Section 1 of these Legal Terms.
Our Use of Personal and Non-Personal Information
We collect two kinds of information about our Web Site users: personal and
non-personal information. Personal information is information that can identify
an individual personally, such as name, address or policy information. We
collect personal information only when it is voluntarily offered and solely for
purposes that are clearly identified on the Web Site. For example, if you choose
to register with zurichna.com, the information that is collected online is used
only to facilitate your requests, process any transactions you might initiate,
or update your account information.
Non-personal information is collected to track the total number of guests
visiting Zurichna.com and to guide our efforts to improve the Web Site. To
achieve these improvements, the Web Site , like many web sites, use "cookies" (a
small text file placed on the user's hard drive) to facilitate site navigation,
maintain quality of online service, provide additional security, and allow the
customization of your access to the Web Site. Cookies themselves do not enable
us to access any personal information about our users; however, they do allow us
to analyze use of the Web Site. The "cookies" automatically collect information
about your computer hardware and software, which can include browser type,
access times and Internet Protocol (IP) address. The Web Site does not use
"cookies" to collect information for distribution to third parties for any
purpose, nor does it use "cookies" to secure information from other web sites
you may visit.
We may personalize your user experience by using information about your
interests to recommend other services or sites that might be of interest to you;
we may also monitor user traffic patterns and site usage to help provide
enhancements to its services; we may use the information it collects to notify
you about new services or special offers. Further, by providing information or
materials to this Web Site, you grant to Zurich an unrestricted, irrevocable,
worldwide, royalty-free license to use, reproduce, display, publicly perform,
and transmit such information and materials for any purpose, including without
limitation, disclosing any such information and materials as necessary to
satisfy any law, regulation, or governmental request, except as may otherwise be
restricted by these Legal Terms. Without limiting the generality of the previous
sentence, we reserve the right, in connection with (i) a request or
investigation by any governmental body or governmental agency, or (ii) our
efforts to investigate, prevent or take other action regarding illegal
activities, suspected fraud, potential threats to public safety, material
violations of these Legal Terms, and pursuant to law, to reveal any information
collected through this Web Site regarding users of our services.
5. Links
Zurich offers links to other web sites operated by other entities as a
convenience to you in the belief that making hyperlinks available to publicly
accessible web pages and newsgroups is legally permissible and consistent with
the common, customary expectations of those who make use of the Internet. Zurich
makes no representation regarding the content or accuracy of any web site that
you may access through this Web Site. Zurich does not monitor and is not
responsible for the content found on other web sites that are linked from this
Web Site. Inclusion of these links on Zurich's Web Site does not imply
endorsement, recommendation or sponsorship for any linked web site or the
services, products or advice described on the site. Accordingly, Zurich assumes
no responsibility or liability for the content of any linked sites. Before
entering any linked site, you should review and understand that site's privacy
policy. You may not link to this Web Site without Zurich's written permission.
6. No Warranties
THE WEB SITE, AND ANY CONTENT, ARE PROVIDED TO YOU ON AN "AS IS," "AS AVAILABLE"
BASIS WITHOUT WARRANTY OF ANY KIND WHETHER EXPRESS, STATUTORY OR IMPLIED,
INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, SYSTEMS INTEGRATION, ACCURACY, AND
NON-INFRINGEMENT, ALL OF WHICH ZURICH EXPRESSLY DISCLAIMS. ZURICH DOES NOT
ENDORSE AND MAKES NO WARRANTY AS TO THE ACCURACY, COMPLETENESS, CURRENCY, OR
RELIABILITY OF THE CONTENT, AND ZURICH WILL NOT BE LIABLE OR OTHERWISE
RESPONSIBLE FOR ANY FAILURE OR DELAY IN UPDATING THE WEB SITE OR ANY CONTENT. WE
HAVE NO DUTY TO UPDATE THE CONTENT OF THE WEB SITE. ZURICH MAKES NO
REPRESENTATIONS OR WARRANTIES THAT USE OF THE CONTENT WILL BE UNINTERRUPTED OR
ERROR-FREE. YOU ARE RESPONSIBLE FOR ANY RESULTS OR OTHER CONSEQUENCES OF
ACCESSING THE WEB SITE AND USING THE CONTENT, AND FOR TAKING ALL NECESSARY
PRECAUTIONS TO ENSURE THAT ANY CONTENT YOU MAY ACCESS, DOWNLOAD OR OTHERWISE
OBTAIN IS FREE OF VIRUSES OR ANY OTHER HARMFUL COMPONENTS. THIS WARRANTY
DISCLAIMER MAY BE DIFFERENT IN CONNECTION WITH SPECIFIC PRODUCTS AND SERVICES
OFFERED BY ZURICH. SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED
WARRANTIES, SO THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE
OTHER LEGAL RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.
7. Governing Law, Location and Miscellaneous
These Legal Terms shall be governed in all respects by the laws of the State of
Illinois USA, without reference to its choice of law rules. If an applicable law
is in conflict with any part of the Legal Terms, the Legal Terms will be deemed
modified to conform to the law. The other provisions will not be affected by any
such modification. The Web Site is operated by Zurich American Insurance Company
on behalf of the member companies of Zurich North America (identified below in
Section 8), from its offices in Schaumburg, Illinois USA.
8. The subsidiaries of Zurich American Insurance Company
Zurich does business in its own name as well as through its subsidiary
companies, as listed below. Certificate of authority numbers, by state, for each
of the companies (except as noted) are available by clicking here.
American Guarantee and Liability Insurance Company
One Liberty Plaza, 165 Broadway, 21st Floor
New York, New York 10006
Licensed in: All states including DC
American Zurich Insurance Company
1400 American Lane
Schaumburg, Illinois 60196 Licensed in: All states including DC
Assurance Company of America
One Liberty Plaza, 165 Broadway, 21st Floor
New York, New York 10006 Licensed in: All states including DC
Colonial American Casualty and Surety Company
3910 Keswick Road
Baltimore, Maryland 21211
Licensed in: All states including DC, excluding ME, NH
Empire Fire and Marine Insurance Company
13810 FNB Parkway
Omaha, Nebraska 68154-8003
Licensed in: All states including DC, excluding OK
Empire Indemnity Insurance
13810 FNB Parkway
Omaha, Nebraska 68154-8003
Licensed in: OK
The Fidelity and Deposit Company of Maryland
3910 Keswick Road
Baltimore, Maryland 21211
Licensed in: All states including DC, PR, Guam, U.S. Virgin Islands Maine
Bonding and Casualty Company Two Monument Square Portland, Maine 04101 Licensed
in: AK, AR, DC, ME, MA, NE, NH, ND, OH, OR, RI, SD, VT, WA
Maryland Casualty Company
3910 Keswick Road
Baltimore, Maryland 21211
Licensed in: All states including DC, PR, U.S. Virgin Islands,
Guam Maryland Insurance Company
9330 LBJ Freeway, Suite 1300
Dallas, Texas 75243
Licensed in: AL, AK, AR, DC, ID, IL, IA, KY, LA, NE, NM, ND, OK, OR, SD, TX, WA,
WI
Maryland Lloyd's
9330 LBJ Freeway, Suite 1300
Dallas, Texas 75243
Licensed in: TX
National Standard Insurance Company
9330 LBJ Freeway, Suite 1300
Dallas, Texas 75243
Licensed in: AL, AK, AR, DC, ID, IA, KY, LA, NE, NM, ND, OH, OR, OK, SD, TX, WA
Northern Insurance Company of New York
One Liberty Plaza, 165 Broadway, 21st Floor
New York, New York 10006
Licensed in: All states including DC
Steadfast Insurance Company
32 Loockerman Square, Suite 202 Dover,
Delaware 19904
Licensed in: DE
Zurich American Insurance Company
One Liberty Plaza, 165 Broadway, 21st Floor
New York, New York 10006
Licensed in: All states including DC, PR, U.S. Virgin Islands
Zurich American Insurance Company of Illinois
1400 American Lane
Schaumburg, Illinois 60196
Licensed in: All states including DC, excluding AL, DE, HI, ME, MA, NH, NJ, NY,
NC, PA, VT, WA, WY
9. Termination
Zurich may terminate the right of any user to access the Web Site at any time,
with or without cause, in Zurich's absolute discretion and without notice. Any
statement in the Legal Terms or elsewhere on the Web Site of specific grounds
for termination of a user's right to access the Web Site shall in no manner
limit Zurich's absolute right to terminate any user's access to the Web Site.
10. Separate Agreements
You may have other agreements with Zurich. Those agreements are separate and in
addition to these Legal Terms. These Legal Terms do not modify, revise or amend
the terms of any other agreements you may have with Zurich, or with any other
company within the Zurich Financial Services Group.
11. No Professional Advice
The information available on the Web Site is intended to be a general
information resource regarding the matters covered, and is not tailored to your
specific circumstance. It is not offered as legal, accounting or other
professional advice. This Web Site is not intended for use by minors. YOU SHOULD
EVALUATE ALL INFORMATION, OPINIONS AND ADVICE AVAILABLE ON THIS WEB SITE IN
CONSULTATION WITH YOUR INSURANCE SPECIALIST, OR WITH YOUR LEGAL, TAX, FINANCIAL
OR OTHER ADVISOR, AS APPROPRIATE.
12. Limitation of Liability
YOUR USE OF THE CONTENT IS AT YOUR OWN RISK. ZURICH SPECIFICALLY DISCLAIMS ANY
LIABILITY, WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR
OTHERWISE, FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, CONSEQUENTIAL, OR
SPECIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH ACCESS TO, USE OF OR
RELIANCE ON THE CONTENT (EVEN IF ZURICH HAS BEEN ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES) OR THAT ARISE IN CONNECTION WITH MISTAKES OR OMISSIONS IN, OR
DELAYS IN TRANSMISSION OF, INFORMATION TO OR FROM THE USER, ANY FAILURE OF
PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION
OR TRANSMISSION OR DELIVERY, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT
OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORDS,
PROGRAMS OR FILES, INTERRUPTIONS IN TELECOMMUNICATIONS CONNECTIONS TO THE WEB
SITE OR VIRUSES, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD,
TELECOMMUNICATIONS FAILURE, THEFT OR DESTRUCTION OF, OR UNAUTHORIZED ACCESS TO
THE WEB SITE OR THE CONTENT. THIS LIMITATION OF LIABILITY MAY BE DIFFERENT IN
CONNECTION WITH SPECIFIC PRODUCTS AND SERVICES OFFERED BY ZURICH. SOME
JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY, SO THIS LIMITATION MAY
NOT APPLY TO YOU.
Last update of this page: June 8, 2008