IMPORTANT- READ THIS ENTIRE AGREEMENT CAREFULLY. THESE ARE THE GENERAL TERMS AND CONDITIONS GOVERNING YOUR USE OF OUR WEB SITE
Wright provides this Web site and the materials located at and under the domain name [www.wrightinsurance.com] (collectively, this “Site”) and any Wright services available on this Site (which collectively with this Site are referred to as the “Services”) to you, the user, subject to compliance with these terms and conditions below relating to this Site and the Services (collectively, this “Agreement”). BY USING OR ACCESSING THIS SITE OR THE SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE LEGALLY BOUND BY THIS AGREEMENT.
1. WEB SITE USE
Wright provides the Services for users of this Site to provide information and relating to insurance and other products offered by Wright and its affiliates. As a condition to your use of this Site and the Services you agree that you will not: (i) use this Site or the Services to infringe the intellectual property rights of Wright or others in any way; (ii) use this Site or the Services or make any attempt to penetrate, modify or manipulate this Site or the Services or any of Wright’s hardware or software in order to: invade the privacy of, obtain the identity of, or obtain any personal information about (including but not limited to IP addresses of) any Wright account holder or user, or modify, erase or damage any information contained on the computer of any user connected to the Services; or (iii) reverse engineer any portion of the Services. The information contained on this Site is provided solely for general informational purposes and is not intended to be a solicitation or an offer to sell in connection with any product or service, nor is the information a complete description of all terms, conditions and exclusions applicable to the products and services described. Wright is not engaged in rendering legal or any other advice. You are not a client of Wright merely by visiting this Site. Your insurance needs are no doubt particular to your individual circumstances, and Wright does not purport, by means of this Site, to offer information appropriate or suitable to your individual circumstances. For complete descriptions of the terms, conditions and exclusions of insurance coverages or other products or services, please contact your independent agent or broker. Products and services referenced herein may not be available in all jurisdictions.
2. COPYRIGHTS AND TRADEMARKS
All content included on this Site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, the compilation of all content on this Site, and all software used on this Site are the property of Wright, its affiliates or its content suppliers, and are protected by United States and international copyright laws. Trademarks owned by Wright or its affiliates, the Wright logo, and all other trademarks, service marks, logos, and trade names (collectively, “Marks”) of Wright or its affiliates appearing on this Site are owned by Wright, its affiliates or its licensor(s). Nothing in this Agreement or on the Site grants you any right or license to make any use of any materials or Marks on this Site other than as described in following paragraph.
You are only authorized to visit, view and retain a single copy of pages of this Site solely for your own individual, noncommercial use, and you agree that you will not duplicate, download, publish, modify or otherwise distribute any material on this Site for any purpose other than your own individual, noncommercial use unless otherwise specifically authorized by Wright. We post legal notices and various credits on pages of this Site and the Services, which you may not remove even from your permitted copy. You may not use any Mark as part of the link without Wright’s express written permission. You may not frame or utilize framing techniques to enclose any Marks without Wright’s express written consent. You may not use any meta tags or any other hidden text utilizing the Marks without Wright’s express written permission. 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 Wright’s prior written permission. Wright neither warrants nor represents that your use of materials displayed on this website will not infringe rights of third parties.
3. PROHIBITED ACTIVITIES ON THE SITE
It is a condition of your use of the Services and this Site that you do not restrict or inhibit any other user from using and enjoying the Services or any Wright property or system, or use this Site or any of the Services to:
- Engage in or encourage fraudulent conduct or conduct that would constitute any other criminal offense or give rise to civil liability;
- Distribute in any manner any harmful, obscene or otherwise illegal or objectionable material of any kind;
- Spoof or otherwise impersonate any individual or entity, or forge, delete or alter any part of TCP/IP packet header information in any e-mail or other posting;
- Restrict or inhibit the use of the Services by other users;
- Harvest, collect or store Site user information, including but not limited to e-mail addresses;
- Violate or attempt to violate, the security of the Services;
- Infringe on or misappropriate any person’s copyright or other intellectual property, trade secret, or other proprietary rights (be advised that you may be ordered by a court to pay money damages to the rightful owner of any intellectual property rights you violate); or
- Assist or permit any persons in engaging in any of the activities described above.
4. CONSEQUENCES OF UNACCEPTABLE USE
We reserve all rights, including without limitation the right to investigate and to involve and cooperate with law enforcement authorities, and to pursue a civil lawsuit or criminal prosecution for any alleged or actual illegal activities involving this Site or any of the Services, as well as the right to terminate your access to the Site or the Services.
5. INFORMATION YOU SUBMIT
Our use of any information you submit to us in order to use the Services is subject to the terms and conditions of our Privacy Statement which forms a part of this Agreement. Nonetheless, Wright reserves the right at all times to disclose any information as Wright determines, in its sole discretion, to be necessary to satisfy any law, regulation or governmental request or to avoid liability for Wright or any third party.
When you complete forms online or otherwise provide us information in connection with the Site and Services, you agree to provide current, complete, true and accurate information. You agree not to use a false or misleading name or a name that you are not authorized to use. If Wright in its sole discretion believes that any such information is untrue, inaccurate, not current or incomplete, Wright may refuse you access to our Services, and pursue any appropriate legal remedies.
6. WARRANTY DISCLAIMER
Your access and use of this site and any of the services offered on this site at your sole risk. The services are provided on an “as is” and “as available” basis, without warranties of any kind, express, implied or statutory, including without limitation, any implied warranties of merchantability, fitness for a particular purpose, non-infringement or non-misappropriation of intellectual property rights of a third party, title, custom, trade, quiet enjoyment, accuracy of informational content, or system integration. Wright does not warrant that the site and any services will be available or operate in an uninterrupted or error-free manner or that errors or defects will be corrected. Wright does not warrant that information available on or through the site is appropriate, accurate or available for use in any particular jurisdiction, and accessing it from jurisdictions where their contents are illegal is expressly prohibited. Some jurisdictions do not allow exclusion of certain implied warranties, so the above exclusions may not apply to you.
You should open and review the separate “General Disclaimer” governing this Site; the provisions of such Disclaimer are incorporated into this Agreement and shall apply to your use of this Site.
7. LIMITATION OF LIABILITY
Wright is in no way and under no circumstances liable to you for damages of any kind whatsoever including, but not limited to, direct, indirect, consequential, special, incidental, including without limitation, lost profits or damages resulting from the use of or inability to use this website at any time and for any purpose nor for lost data or business interruption. To the extent the foregoing limitation of liability is, in whole or in part, held to be inapplicable or unenforceable for any reason, then the aggregate liability of company for any reason and upon any cause of action (including, without limitation, negligence, strict liability and other actions in contract or tort) arising out of or in any way related to the site, the services or this agreement shall be limited to your direct damages actually incurred up to one hundred dollars ($100.00).
Wright makes no representation that all insurance products and services on this website are appropriate or available for use in your state. Some insurance products and services may not be available in all states or jurisdictions. If you choose to access this website you do so on your own initiative and are responsible for compliance with any local, state and federal laws. The information contained on this website is not an offer to sell or a solicitation to buy, any insurance product or service. No insurance product or service is offered or will be sold in any jurisdiction in which such offer or solicitation, purchase or sale would be unlawful under the insurance or other laws of such jurisdiction. Use of this site will be governed and construed in accordance with the laws of the New York State.
You agree to indemnify and hold Wright and its affiliates harmless, and, at Wright’s request, to defend Wright and its affiliates from and against any claim, demand, cause of action, debt, loss or liability, including reasonable attorneys’ fees, to the extent that such action is based upon, arises out of, or relates to: (i) your use of (or inability to use) the Services; (ii) your violation of the terms and conditions of this Agreement; (iii) the infringement by you, or any other person using your password and account, of any right of any person or entity; or (iv) any other activities of yours accomplished using the Services. This indemnity shall be in addition to and not limited by any other indemnity.
10. ORDER OF PRECEDENCE
This Agreement governs your use of the Site and access to the Services. To the extent that any provision of this Agreement, or any supplemental agreement offered as any part of any registration for additional Services on this Site, conflicts with any provision of other agreements between you and Wright or any of its related or affiliated entities, the terms of this Agreement, shall, as to the specific subject matter of this Agreement, take precedence over the conflicting term(s) of that other Agreement.
11. APPLICABLE LAWS
The Wright Site is controlled by Wright from its offices within the State of New York and is intended for viewing only in the United States. Subject to Section 9 above, the substantive laws of the State of New York will govern any dispute arising under this Agreement, without regard to any conflict of laws provisions.
Wright may amend these Terms of Service or any other notices, policies, terms and conditions on this Site at any time by updating this posting or otherwise posting the changes to this Site. Accordingly, you should visit this Site from time to time to review the then-current and effective terms and conditions because they are binding on you. Certain provisions of these terms and conditions may be superseded by expressly designated legal notices or terms located on particular pages at this Site or in conjunction with the Services. No delay or failure to take action under such terms and conditions will constitute a waiver by Wright unless expressly waived in writing by a duly authorized officer of Wright. Subject to the terms of Section 9 of this Agreement for this Site, this Agreement constitutes the entire agreement between you and Wright with respect to the specific subject matter addressed herein, and governs your use of the Services, superseding any prior agreements between you and Wright relating to such subject matter, but this Agreement may be supplemented by any other agreement you enter into with Wright pursuant to a registration to access certain features of the Site. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and that the other provisions of this Agreement remain in full force and effect. The section headings used in this Agreement are for convenience only and have no legal or contractual effect.
Without limiting the foregoing, Wright ‘s Services at the Site are not intended for use by or availability to minors. IF YOU ARE NOT LEGALLY AN ADULT UNDER THE LAW WHERE YOU LIVE OR IF YOU ARE UNDER 18 YEARS OF AGE, YOU MAY NOT ACCESS THE SITE OR USE THE SERVICES. IF SO, PLEASE IMMEDIATELY DISCONTINUE USE OF THE SERVICES AND DO NOT ACCESS THE SITE.
BY USING OR ACCESSING THIS SITE OR THE SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE LEGALLY BOUND BY THESE TERMS OF SERVICE.
13. COMPANY INFORMATION
The companies listed below are directly or indirectly wholly owned subsidiaries of Wright. Wright is a holding company and is not directly involved in the business of insurance and is not conducting business on this site.
14. STATUTORY AND COVERAGE INFORMATION:
You are provided with the following information in compliance with state insurance statutes requiring disclosure of all states where an insurer is authorized to transact business, as well as information regarding the insurer’s state of domicile, NAIC code number and principal place of business. The listing of an insurance company in this notice shall not constitute a representation or guaranty that coverage will be provided by a subsidiary of Wright or that a subsidiary of Wright is authorized to offer in a state a particular type of insurance product or overage. Insurance coverage may not be available in all states or outside of the United States. This listing is provided for information purposes only, as required by state insurance statutes.