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Terms of Use

LAST CHANGED: August, 26 2003

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.

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

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.

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

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 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, or link any other web site to the Web Site without Zurich's prior written consent.

 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.empireinsurancecompanies.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 or Empire 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 Information

We collect personal information about some of our Web Site users. 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 report a claim through the Web Site, the information that is collected online is used only to facilitate your requests and process any transactions you might initiate.

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. If you are interested in linking to this Web Site, please click here.

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 Nebraska 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 from its offices in Omaha, Nebraska USA.

8. The subsidiaries of Zurich

  Zurich does business through its subsidiary companies, as listed below.

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 or Empire. 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 any company within Zurich Financial Services.

11. U.S. Resident 

You represent that you are a United States resident.

12. 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.

13. Privacy; User Submissions; Cookies; User E-Mails

a. User E-Mail

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.

b. Privacy, User Submissions and Cookies

No information of any type is collected online from you. You may, however, submit a claim report online.   The Web Site does not use "cookies" (a small text file placed on the user's hard drive).

By providing information or materials to this Web Site (other than personal information subject to Zurich's Privacy Notice for its commercial customers), 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. 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 except as specified in Zurich's Privacy Notice, as set forth in any additional terms and conditions relating to specific products or services, or as otherwise specifically agreed or required by law.

14. Arbitration

Except as regarding any action seeking equitable relief, including without limitation for the purpose of protecting any Zurich confidential information and/or intellectual property rights, any controversy or claim arising out of or relating to these Legal Terms or this Web Site shall be settled by binding arbitration in accordance with the commercial arbitration rules, in effect at the time the proceedings begin, of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be held in Omaha, Nebraska USA.

All information relating to or disclosed by any party in connection with the arbitration of any disputes hereunder shall be treated by the parties, their representatives, and the arbitrator as proprietary business information. Such information shall not be disclosed by any party or their respective representatives without the prior written authorization of the party furnishing such information. Such information shall not be disclosed by the arbitrator without the prior written authorization of all parties. Each party shall bear the burden of its own counsel fees incurred in connection with any arbitration proceedings.

Judgment upon the award returned by the arbitrator may be entered in any court having jurisdiction over the parties or their assets or application of enforcement, as the case may be. Any award by the arbitrator shall be the sole and exclusive remedy of the parties. The parties hereby waive all rights to judicial review of the arbitrator's decision and any award contained therein.

15. 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.