ACCEPTANCE OF TERMS
This website is owned and operated by ICW Group Holdings, Inc. and/or its affiliated entities (collectively “ICW Group”, “we” “our”, and “us”). These terms of use (“Terms of Use”) govern your use of any websites that we own and control, any online service, including any website or mobile application, that posts a link to these Terms of Use, and any interactive features, widgets, plug-ins, applications, content, downloads and other services that we may own and control and make available through any websites that we own and control (collectively, the “Website”), regardless of how you access or use them, whether via personal computers, mobile devices or otherwise. To the extent that we provide you notice on the Website of different or additional terms of use, those additional terms shall govern your use of the Website. Your use of the Website constitutes your agreement to these Terms of Use.
In addition to reading these Terms of Use, please review our Privacy Policy, which applies to our collection, use and sharing of your information on the Website. If you do not agree to the terms of our Privacy Policy or these Terms of Use, please do not access or otherwise use this Website or any information or content contained on the Website.
These Terms of Use may be revised periodically at any time. The most current version of the Terms of Use can be reviewed by clicking on the “Terms of Use” located at the bottom of our web pages. It is your responsibility to visit the Website frequently and carefully review the current terms and conditions of use that govern your continued use of the Website. When we modify these Terms of Use, we will update the effective date above. Your use of the Website following the posting of an updated Terms of Use constitutes your acceptance of such new Terms of Use. Each and every time you access and use the Website you shall be deemed to have agreed to the then current terms and conditions of use. As a condition of your use of the Website, you warrant that you will not use the Website for any purpose that is unlawful or prohibited by these Terms of Use, or reproduce or distribute any portions of the Website for any commercial use except as authorized herein.
DESCRIPTION OF SERVICES
Through its web sites, ICW Group may provide you with access to a variety of resources, including but not limited to information on current and future ICW Group products or services (collectively “Services”). The Services, including any updates, enhancements, new features, and/or the addition of any new web pages, are subject to the Terms of Use.
Information on our web sites is not legal or medical advice, does not establish any standards of care, and does not modify the terms or conditions of insurance policies issued by ICW Group. The information is obtained from sources generally considered to be reliable, but ICW Group makes no warranties that the information contained on its web sites is in every respect accurate, timely, or complete. ICW Group is not responsible for any errors or omissions or for the results obtained from the use of the information on its web sites. Users of this information are encouraged to confirm such information with other sources.
The information provided on this Website in the form of articles, sample documents, forms, and brochures, is obtained from or developed with the use of sources generally considered to be reliable. However, accuracy and completeness are not guaranteed. The information is intended, among other things, as risk management advice. It does not constitute a legal opinion, nor is it a substitute for legal advice. Legal inquiries about topics covered in these pages should be directed to your attorney. In addition, you may want to have the forms provided on this Website reviewed by an appropriate internal committee in your practice or by legal counsel to determine if it is appropriate for use in your practice or institution.
INTELLECTUAL PROPERTY
The design of this Website and its content, including the text, information, data, software, scripts, graphics, photos, sounds, videos, music, interactive features, products, materials, services and the like and any trademarks, service marks and logos contained therein (“Website Content”), are the property of or are licensed by ICW Group and are protected by copyright and other intellectual property laws. ICW Group hereby grants you a limited, non-exclusive, revocable, non-assignable, personal and non-transferrable license to view and download the Website Consent only for your personal use, provided that you retain all copyright and other proprietary notices on any permitted copies of the materials. You may not otherwise copy, reproduce, modify, adapt, display, perform, publish, create derivative works from, store, sublicense, translate, sell, rent, or otherwise exploit this Website or the Website Content without our permission.
ICW Group reserves all rights not expressly granted in and to the Website and the Website Content. You agree to not engage in the use, copying, or distribution of any of the Website Content, whether manually or by using robot, scraper, crawler or any other automated device or process, other than as expressly permitted herein or as reasonably necessary to use the Website for its intended purpose, including any use, copying, or distribution of Website Content for any commercial purposes. You in no way will obtain any ownership interest in the Website Content.
The display of any trade names, trademarks, service marks, logos, or domain names on this Website does not imply that a license of any kind has been granted to you with respect to such trade names, trademarks, service marks, logos, or domain names except as explicitly stated herein. Any unauthorized downloading, re-transmission or other copying or modification of trade names, trademarks, service marks, logos or domain names may be a violation of trademark laws and could subject you to legal action.
PRIVACY AND PROTECTION OF PERSONAL INFORMATION
See ICW Group’s privacy disclosures relating to the collection and use of your information at: https://www.icwgroup.com/about/legal-notice/
ONLINE SUBMISSION OF CLAIMS
You may be able to submit online claims for insurance benefits under an existing ICW Group Policy. If you submit an online claim, you agree that you will not submit any information that you know to be, or have reason to believe to be, false, fraudulent, deceptive, inaccurate, misleading or infringing on any third party’s rights. ICW Group also accepts submission of claims information through the email addresses specified on the Website.
When submitting a claim online, you may be redirected to a third-party website. ICW Group does not control any third-party website, and these Terms of Use do not apply to your use of any third-party website. Please be sure to read the terms of use of any third-party website you visit.
ONLINE BILL PAY
To submit any online payments to our Website, you must be at least the applicable age of majority in your jurisdiction of residence. If you choose to make an online payment, you will be taken to our third-party payment processor’s website and you will be prompted to supply payment information. By submitting that information to our payment processor, you hereby agree that you authorize us and/or our processor to charge your bank account or credit card at our convenience, but within thirty (30) days of payment authorization. You hereby represent and warrant that you will not use any bank account, credit card or other form of payment unless you have all necessary legal authorization to do so. You agree to pay all fees and charges incurred in connection with your payments (including any applicable taxes) at the rates in effect when the charges were incurred. If ICW Group does not receive payment from your bank, credit card issuer or its agent, you agree to pay all amounts due upon demand by ICW Group or its agents.
LINKS TO THIRD-PARTY SITES
ICW GROUP MAY PROVIDE HYPERLINKS TO WEBSITES OPERATED BY PERSONS AND ENTITIES OTHER THAN ICW GROUP THAT WILL LET YOU LEAVE ICW GROUP’S WEBSITE. THE LINKED SITES ARE NOT UNDER THE CONTROL OF ICW GROUP AND ICW GROUP IS NOT RESPONSIBLE FOR THE CONTENTS OF ANY LINKED SITE OR ANY LINK CONTAINED IN A LINKED SITE, OR ANY CHANGES OR UPDATES TO SUCH SITES. ICW GROUP IS NOT RESPONSIBLE FOR WEBCASTING OR ANY OTHER FORM OF TRANSMISSION RECEIVED FROM ANY LINKED SITE. ICW GROUP IS PROVIDING THESE LINKS TO YOU ONLY AS A CONVENIENCE, AND THE INCLUSION OF ANY LINK DOES NOT IMPLY ENDORSEMENT BY ICW GROUP OF THE SITE. YOU AGREE NOT TO HOLD ICW GROUP RESPONSIBLE FOR THE CONTENT OR OPERATION AT ANY OTHER SITE TO WHICH YOU MIGHT LINK FROM THIS WEBSITE.
Selected content on ICW Group’s Website is provided by a third party. ICW Group has no control over, and takes no responsibility for supplementing, correcting or updating that information. Furthermore, ICW Group makes no warranties or representations of any kind whether with respect to such third-party content’s accuracy, completeness, timeliness or otherwise. ICW Group has no obligation to correct or update that information and shall not be liable for damages of any kind arising out of your access, inability to access or reliance upon the information contained in this Website.
DISCLAIMERS
YOUR ACCESS TO AND USE OF THIS WEBSITE ARE AT YOUR SOLE RISK. YOU ARE ENTIRELY LIABLE FOR YOUR ACTIVITIES. ICW GROUP AND/OR ITS AGENTS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION CONTAINED IN THIS WEBSITE FOR ANY PURPOSE. THIS WEBSITE AND THE INFORMATION ON IT ARE PROVIDED BY ICW GROUP ON AN “AS IS”, “AS AVAILABLE” BASIS AND “WITH ALL FAULTS”. ICW GROUP MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE WEBSITE OR THE INFORMATION, CONTENT, MATERIALS, OR SERVICES INCLUDED ON THIS WEBSITE. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, ICW GROUP DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. IN NO EVENT SHALL ICW GROUP AND/OR ITS AGENTS BE LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY LOSS OR DAMAGES OF ANY KIND ARISING FROM THE USE OF, OR RELIANCE ON, OR INABILITY TO USE OR ACCESS, OR DELAYS IN, OR INACCURACIES OR ERRORS OR DEFECTS OR OMISSIONS IN, THIS WEBSITE OR THE INFORMATION CONTAINED THEREIN, INCLUDING, BUT NOT LIMITED TO INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION BASED ON CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, AND EVEN IF ICW GROUP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR LOSS.
ICW GROUP DOES NOT WARRANT THE ACCURACY, COMPLETENESS, TIMELINESS, AVAILABILITY, USEFULNESS OR OTHER CHARACTERISTICS OF THE WEBSITE OR ANY WEBSITE CONTENT. THE INFORMATION PUBLISHED ON THIS WEBSITE COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION IN THIS WEBSITE. ICW GROUP AND/OR ITS AGENTS MAY MAKE CHANGES TO THE INFORMATION CONTAINED IN THIS WEBSITE AT ANY TIME. ICW GROUP DOES NOT WARRANT THAT THIS WEBSITE IS FREE OF VIRUSES, WORMS, TROJAN HORSES OR OTHER HARMFUL COMPONENTS.
YOU HEREBY EXPRESSLY RELEASE ICW GROUP FROM ANY AND ALL LIABILITY OR RESPONSIBILITY FOR ANY DAMAGE CAUSED, DIRECTLY OR INDIRECTLY, TO YOU OR ANY THIRD PARTY AS A RESULT OF USE OF THIS WEBSITE OR THE WEBSITE CONTENT, INCLUDING ANY CONTENT OR FILE DOWNLOADED OR ACCESSED. YOU SPECIFICALLY ACKNOWLEDGE THAT ICW GROUP SHALL NOT BE LIABLE FOR YOUR USER SUBMISSIONS, USER CLAIM CONTENT OR THE DEFAMATORY, OFFENSIVE, HARMFUL OR ILLEGAL CONDUCT OF ANY THIRD PARTY, AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
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 ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
INDEMNIFICATION
You agree to defend, indemnify and hold ICW Group and its employees, agents, officers, directors, contractors, suppliers and other representatives harmless from and against all liabilities, damages, demands, settlements, claims, actions, costs and expenses (including reasonable attorneys’ fees) in connection with or arising from your use of this Website, the Website Content, and/or your uploading of User Claim Content, as it may change from time to time, or your violation of these Terms of Use. ICW Group may, if necessary, participate in the defense of any claim or action at your expense and any negotiations for settlement. ICW Group reserves the right, on notice to you, to assume exclusive defense and control of any claim or action subject to indemnification by you, without relieving you of your indemnification obligations hereunder. Upon learning of a claim by a third party that your use violates or allegedly violates a third party’s rights, you agree to promptly notify ICW Group of any such claim. You agree to cooperate with us as reasonably required in the defense of any such claims, and you shall not in any event settle any such claim or matter without the written consent of ICW Group.
USER ACCOUNT, PASSWORD, AND SECURITY
If any of the Services requires you to open an account, you must complete the registration process by providing us with current, complete and accurate information as prompted by the applicable registration form. You also may be asked to choose a password and a username. You are entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to notify ICW Group immediately of any unauthorized use of your account or any other breach of security. ICW Group will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. You may not use anyone else’s account at any time, without the permission of the account holder.
You should be aware that the Internet is not secure. If you choose to send any electronic communications by means of this Website, you do so at your own risk, and in doing so you consent to receive communications from us electronically. ICW Group does not guarantee that electronic communications will not be intercepted or changed or that they will reach the intended recipient securely. Further, please note that we are not obligated to respond to inquiries that we receive. 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.
USER COMMENTS AND SUBMISSIONS
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information that you provide to ICW Group are not confidential and you grant us a worldwide, royalty-free license to distribute, publish, modify, edit or otherwise use your submissions. ICW Group does not claim ownership of the information you provide to ICW Group (including feedback and suggestions) or that you input or submit to any Services (collectively “Submissions”). ICW Group shall be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise without any acknowledgement of or compensation to you.
NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of the Services, you will not use the Services for any purpose that violates any applicable laws or regulations, or that is prohibited by the Terms of Use. You may not use the Services in any manner that could damage, disable, overburden, or impair any server that hosts the ICW Group web sites, or the network(s) connected to any such server, or interfere with any other party’s use and enjoyment of any Services. You may not attempt to gain unauthorized access to other accounts or to any of the Services, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Services.
ICW Group reserves the right at all times to disclose any information as ICW Group deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in ICW Group’s sole discretion.
Any unauthorized use of this Website for any purpose is prohibited. We may suspend or terminate the availability or your use of the Website (and any elements or features of it), in whole or in part, for any reason, and at any time, in our sole discretion, and without advance notice or liability.
You agree that you will not: (i) use our Website for any political or commercial purpose, aside from the purchase of goods or services if offered for sale through the Website by ICW Group and its affiliates; (ii) engage in any activities through or in connection with our Website that attempt to or actually do harm any individuals or entities or are unlawful, offensive or abusive, or that violate any right of any third party, or are otherwise objectionable to ICW Group; (iii) reverse engineer, decompile, disassemble, reverse assemble or modify any Website source or object code or any software or other products, services or processes accessible through any portion of our Website; (iv) engage in any activity that interferes with another user’s access to our Website or the proper operation of our Website, or otherwise causes harm to our Website, ICW Group or other users; (v) use Website Content in a manner that suggests an unauthorized association with any of our products, services or brands; (vi) interfere with or circumvent any security or access feature of our Website; or (vii) otherwise violate these Terms of Use.
FORWARD LOOKING STATEMENTS
Certain portions of our Website may contain forward looking statements, including statements regarding ICW Group’s future performance and strategy. These statements are subject to risks and uncertainties that could cause actual results to differ materially from those projected in these forward-looking statements. Forward-looking statements speak only as of the date first made, unless another date is indicated. We caution you not to place substantial reliance on the forward-looking statements and we undertake no obligation to update or revise the statements.
MODIFICATIONS TO PRICE AND TERMS
By providing material, such as policy descriptions, on our Website, ICW Group does not in any way promise that the materials will remain available to you or that you will qualify for any of the products or services we offer. ICW GROUP RESERVES THE RIGHT, AT ANY TIME, TO CHANGE ITS PRODUCTS, SERVICES, AND PRICING, EFFECTIVE IMMEDIATELY UPON POSTING ON OUR WEBSITES OR APPLICATIONS OR BY E-MAIL DELIVERY TO YOU.
In accordance with various insurance laws and other regulatory restrictions, insurance products and services referenced on the Website may not be available or suitable for all jurisdictions and may not be offered by all of the insurers within the ICW Group family of companies.
Except as expressly stated herein, the information contained on this Website is not an offer to sell or a solicitation to purchase any insurance product or other product or service by ICW Group. Rather, the information on our products and services is provided to you so you can learn what products the ICW Group generally offers. Please contact a designated ICW Group representative or your broker to find out which products and services are available to you in your jurisdiction. We may make improvements and/or changes to the products, services and/or programs described on this Website at any time without notice.
The Website does not amend, modify or supplement any insurance policy. Consult the actual policy, your agent or contact us for the name of an agent who can supply you with details regarding terms, conditions, coverages, exclusions, products, services and programs which may be available to you. Your eligibility for particular products and services is subject to final determination of underwriting qualifications and acceptance by ICW Group’s underwriting company providing such products or services.
UNITED STATES OPERATIONS
ICW Group controls and operates our Website from its offices in the United States, and makes no representation that our Website is appropriate or available for use beyond the United States. If you use our sites or applications from other locations, you are doing so at your own risk and are responsible for compliance with applicable local laws regarding your online conduct and acceptable content, if and to the extent local laws apply. Our Website may describe products and services that are available only in certain states of the United States (or only parts of it). We reserve the right to limit the availability of our Website and/or the provision of any Website Content, program, product, service, or other feature described or available on our Website to any person, entity, geographic area, or jurisdiction, at any time and in our sole discretion, and to limit the quantities of any content, program, product, service, or other feature that we provide. You and we disclaim any application to these Terms of Use of the Convention on Contracts for the International Sale of Goods.
NO WAIVER
Except as expressly set forth in these Terms of Use, (a) no failure or delay by you or ICW Group in exercising any of rights, powers or remedies under these Terms of Use will operate as a waiver of that or any other right, power or remedy, and (b) no waiver or modification of any term of these Terms of Use will be effective unless in writing and signed by the party against whom the waiver or modification is sought to be enforced.
SEVERABILITY AND INTERPRETATION
If any provision of these Terms of Use is for any reason deemed invalid, unlawful, void or unenforceable by a court or arbitrator of competent jurisdiction, then that provision will be deemed severable from these Terms of Use, and the invalidity of the provision will not affect the validity or enforceability of the remainder of these Terms of Use (which will remain in full force and effect). To the extent permitted by applicable law, you agree to waive, and you hereby waive, any applicable statutory and common law that may permit a contract to be construed against its drafter. Wherever the word “including” is used in these Terms of Use, the word will be deemed to mean “including, without limitation.”
APPLICABLE LAW
These Terms of Use and any dispute or claim arising out of, or related to, them, their subject matter or their formation (in each case, including non-contractual disputes or claims) shall be governed by and construed in accordance with the internal laws of the State of California without giving effect to any choice or conflict of law provision or rule (whether of the State of California or any other jurisdiction).
Any legal suit, action or proceeding arising out of, or related to, these Terms of Use or the Website shall be instituted exclusively in the Federal and State courts located within San Diego County, California. You agree to waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
To the extent permitted by law, if any dispute or claim results in a lawsuit, you and we knowingly and voluntarily agree that a judge, without a jury, will decide the case. YOU UNDERSTAND AND KNOWINGLY AND VOLUNTARILY AGREE THAT YOU AND WE ARE WAIVING THE RIGHT TO A TRIAL BY JURY.
IF YOU ARE A CONSUMER, HOWEVER, THIS PROVISION SHALL NOT BE CONSTRUED TO LIMIT YOUR RIGHTS UNDER CONSUMER PROTECTION LAWS OF YOUR STATE OF RESIDENCE AS SET FORTH IN SECTION XIX.
EXCLUSIONS AND LIMITATIONS; CONSUMER PROTECTION NOTICE.
If you are a consumer, the provisions in these Terms of Use are intended to be only as broad and inclusive as is permitted by the laws of your state of residence. Certain states have heightened consumer protection laws that may make certain terms of these Terms of Use inapplicable to you. No provision of these Terms of Use shall limit or waive your rights as a consumer under the law of your state of residence. In any event, ICW Group reserves all rights, defenses and permissible limitations under the law of your state of residence.
CONTACT US
If you have any questions regarding our Terms of Use, practices or your use of our Website, or if you would like to communicate with ICW Group’s agent for notice of claims of copyright or other intellectual property infringement, please contact us at:
Law Department
ICW Group Holdings, Inc.
15025 Innovation Drive
San Diego, CA 92128-3455
Ph. 800.877.1111
Fax: 858.436.8920
E-mail: Compliance@ICWgroup.com
