Terms and Conditions of the LawyersInsurance.com Electronic Insurance Transaction System

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The Terms of Use set forth herein apply to the entire group of Web sites owned, operated, licensed, or controlled by CNAPro.com, including but not limited to LawyersInsurance.com.

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS WEB SITE OR ANY OTHER CNAPRO.COM WEBSITE.

By using this Web site or any other Web site owned, operated, licensed, or controlled by CNAPro.com or LawyersInsurance.com, you signify your assent to these terms of use. If you do not agree to these terms of use, please do not use the site. We reserve the right, at our discretion, to change, modify, add, or remove portions of these terms at any time. Please check these terms periodically for changes. Your continued use of this site or any other CNAPro.com Web site following the posting of changes to these terms will mean you accept those changes.

Restrictions of Use of Materials

Unless otherwise noted, all materials, including images, illustrations, designs, icons, photographs, video clips, and written and other materials that are part of this Web site or any other CNAPro.com Web site are copyrights, trademarks, trade dress and/or other intellectual properties owned, controlled or licensed by CNAPro.com. No material from this Web site or any other CNAPro.com Web site may be copied, reproduced, republished, uploaded, posted, transmitted, modified, distributed or publicly displayed. Doing so is a violation of CNAPro.com’s copyright and other proprietary rights. You may download one copy of the materials on any single computer.. The use of any such material on any other Web site or networked computer environment is prohibited. All trademarks, service marks, and trade names are proprietary to this Web site and any other CNAPro.com Web sites.

You shall not remove, alter, or BLOCK any copyright or other proprietary notice on this Web site or any other CNAPro.com Web sites.

You will not assign, transfer, sell, lease, rent, charge, distribute, disclose or market to any third party any materials related to this Web Site or any other CNAPro.com Web sites, or otherwise deal in, encumber or infringe upon such materials, or use such materials on behalf of any third party or make available such materials to any third party.

Public Communication

It is our policy to respect the privacy of all guests. Therefore, in addition to the privacy of registration data, we will not monitor, edit, or disclose the contents of a guest’s e-mail unless required in the course of normal maintenance of this Web site or any other CNAPro.com Web site and its systems or unless required to do so by law or in the good-faith belief that such action is necessary to: (1) comply with the law or comply with legal process served on CNAPro.com; (2) protect and defend the rights or property of CNAPro.com; or (3) act in an emergency to protect the personal safety of our guests or the public. Guests shall remain solely responsible for the content of their messages.

Jurisdiction

Unless otherwise specified, the materials in this Web site and any other CNAPro.com Web site are presented solely for the purpose of transacting insurance and other products available in the United States, its territories, possessions, and protectorates. The CNAPro.com Web sites are controlled and operated by CNAPro.com, LawyersInsurance.com and its Web sites from its offices within the states of New York, New Jersey, and Illinois, in the United States of America. CNAPro.com makes no representation that materials in any CNAPro.com Web site are appropriate or available for use in any other state, country, province or jurisdiction. Those who choose to access any CNAPro.com Web site from other locations do so on their own initiative and are responsible for compliance with all applicable local laws.

Termination

These terms are effective until terminated by CNAPro.com with or without notice. Upon termination, you will immediately discontinue your use and access of the site, and will destroy all materials obtained from this site and any and all other CNAPro.com Web sites, and all copies thereof, whether made under the terms of these Terms of Use or otherwise.

Disclaimer

THE MATERIALS IN THE CNAPRO.COM WEB SITES ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, CNAPRO.COM DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. CNAPRO.COM DOES NOT WARRANT OR REPRESENT THAT THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR ANY OTHER CNAPRO.COM WEB SITE OR THE SERVER(S) THAT MAKES THE CNAPRO.COM WEB SITES AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. CNAPRO.COM DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS THAT INFORMATION AND MATERIALS IN THIS WEB SITE OR ANY OTHER WEB SITE IS CORRECT, ACCURATE, TIMELY, RELIABLE, CORRECTLY SEQUENCED OR OTHERWISE. YOU (AND NOT CNAPRO.COM) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION.

Limitation of Liability

UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, BREACH OF CONTRACT, TORT OR NEGLIGENCE, SHALL CNAPRO.COM BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFITS) THAT ARISE OUT OF OR ARE IN CONNECTION WITH ANY ERRORS, INACCURACIES, OMISSIONS, DEFECTS, UNTIMELINESS OR UNAUTHENTICITY OF ANY CONTENT OF THIS WEB SITE, OR THE USE OR INABILITY TO USE THIS WEB SITE, THE MATERIALS IN THIS WEB SITE OR ANY OTHER CNAPRO.COM WEB SITE, EVEN IF CNAPRO.COM OR A CNAPRO.COM AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

THE SYSTEM ALLOWS YOU TO DOWNLOAD FROM THE SYSTEM ELECTRONIC COMMUNICATIONS SENT AND RECEIVED AND TO MAINTAIN AND STORE COMMUNICATIONS ON YOUR SYSTEM. UNDER NO CIRCUMSTANCES SHALL THIS WEB SITE OR ANY OTHER CNAPRO.COM WEB SITE BE LIABLE FOR ANY LOSS OR DAMAGE ARISING OUT OF DOWNLOADING OR STORING ELECTRONIC COMMUNICATIONS.

Injunctive Relief

You acknowledge that the security and integrity of this Web site are critical to CNAPro.com’s business operations, and that the unauthorized disclosure of any information by you or any of your agents shall give rise to irreparable injury to CNAPro.com inadequately compensable in damages. Accordingly, you hereby agree that CNAPro.com shall be entitled to obtain injunctive or other equitable relief against the breach or threatened breach of f these Terms of Use, and such relief shall be in addition to any other legal remedies that may be available.

Not Legal Advice

The information contained at this Web site and any other CNAPro.com Web site has been prepared by CNAPro.com as a service to its members and the Internet community and is not intended to constitute legal advice. CNAPro.com has used reasonable efforts in collecting, preparing and providing quality information and material, but does not warrant or guarantee the accuracy, completeness, adequacy or currency of the information contained in or linked to this Web site or any other CNAPro.com Web site. Users of information from this Web site or any other CNA.com Web site or links do so at their own risk.

Links to Other Web Sites and Services

To the extent that this Web site and any other CNAPro.com Web sites contain links to outside services and resources, CNAPro.com does not control the availability and content of those outside services and resources. Any concerns regarding any such service or resource, or any link thereto, should be directed to the particular service or resource.

Equipment and Other Services

CNAPro.com is not providing you any hardware or software or any data processing or other services under this Agreement. You are responsible for providing and maintaining, at its own option and expense, all hardware, software and communication lines required for such access.

Users

You shall cause all of your employees and associates to be aware of, and to comply with, the obligations described herein.

Authenticity of Electronic Communications

You accept the authenticity and integrity of all electronic communications and agree to accord them the same status as would be applicable to a document or to information sent other than by electronic means, unless such electronic communications can be shown to have been corrupted or materially altered, whether as a result of technical failure or otherwise fraudulently made.

Integrity of Messages

You shall use reasonable efforts to ensure that all communications infrastructure, including communication lines, modems, browsers and internet service providers, are of sufficient quality to ensure complete, accurate and secure transmission of electronic communications via the Web site.

Delivery of Messages

Except where electronic communications are used to form a contract in accordance with these Terms of Use, an electronic communication sent by you shall be deemed to have been received by CNAPro.com at the time of delivery to CNAPro.com’s inbox. An electronic communication sent by CNAPro.com shall be deemed to have been received by you at the time of delivery to your inbox. If delivery is not achieved during a business day, the communication shall be deemed to have been received at the beginning of the business day immediately following. Where the electronic communication is used to form a contract, the electronic communication will be deemed received on the day you push the button to send same. If you become aware that an electronic communication received by it is not intended for it, you shall promptly notify CNAPro.com.

Records of Messages

In the event of a dispute in relation to any electronic communication or its content, then the record produced by the Web site and its archive shall prevail.

Contract Formation and Evidentiary Matters

You agree that contracts may be validly made through electronic communications transmitted to or from the Website, and expressly waive any rights to bring an action, claim or proceeding declaring, or to raise as a defense to an action, claim or proceeding, the invalidity of such a contract on the grounds that the contract was made electronically.

A contract shall, in all cases, be formed at the time when and place where an agent of LawyersInsurance.com receives a signed application from a prospective insured, verifies that the signed application contains the same information as represented in communications from the prospective insured to LawyersInsurance.com, and indicates electronically that the information and application is acceptable, and transmits to LawyersInsurance.com a message of the client’s/insured’s acceptance of an offer to insure.

You agree that the electronic communications exchanged in accordance with this Agreement shall be deemed to be of equivalent evidentiary value to that given to written documents and, in the event of any dispute, claim or difference. You further agree that you will not challenge or bring into question the admissibility as evidence of electronic data transmitted and stored in accordance with the provision of theseTerms of Use , where the basis of such objection is the fact of your electronic transmission or storage.

Governing Law and Jurisdiction

These Terms of Use shall be governed by and construed in accordance with the laws of the State of New York without the application of any conflict of law principles. You agree that any action at law or in equity arising out of or relating to these terms shall be filed only in the state or federal courts located in New York County and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action.

Severability

If any provision of these terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions, and the offending term shall be limited to or modified to the extent necessary to make it enforceable.

Entire Agreement

This is the entire agreement between us relating to the subject matter herein and shall not be modified except in writing, signed by both parties.

Assignment

This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, personal representatives, successors and assigns; provided, however, that you may not assign any of your rights or obligations under these Terms of Use .

Survival

Any provisions of this Agreement that by their nature extend beyond the expiration or termination of this Agreement shall survive the expiration or termination of this Agreement and shall remain in effect until all such obligations are satisfied.

Waiver

The failure of a party hereto at any time or times to require performance of any provision hereof shall in no manner affect its right at a later time to enforce the same.

INFORMATION MANAGEMENT GUIDELINES

CNAPro.com has adopted a set of information management guidelines which serve as the basis for our customer and agent relationships. These guidelines disclose the privacy policies for the entire CNAPro.com group of Web sites. These guidelines have been developed with the recognition that Internet technologies are rapidly evolving, and that underlying business models are still not established. Accordingly, guidelines are subject to change. Any such changes will be posted on this page.

CNAPro.com is not responsible for the content or the privacy policies of Web sites to which it may link.

What information does CNAPro.com gather and/or track about you?
  • Registration: When you register to become a member LawyersInsurance.com, CNAPro.com requires that you supply your full name, e-mail address, and demographic information. Customers who register must agree to the Terms of Use for use of the relevant service and/or the CNAPro.com, LawyersInsurance.com and its Web sites.

  • Personal Information: CNAPro.com may also gather information which may be used by CNAPro.com or shared with agents.

  • IP Addresses: CNAPro.com also logs IP addresses for systems administration and troubleshooting purposes. (Your IP address indicates the location of your computer on the Internet.) We do not log IP addresses to track your session, nor do we link IP addresses to anything personally identifiable.
What does CNAPro.com do with the information it gathers and/or tracks?
  • Statistical Analysis and Banner Advertising: CNAPro.com may perform statistical analyses of user behavior in order to measure interest in the various areas of our site (for product development purposes) and to inform advertisers as to how many consumers have seen or “clicked” their advertising banners. Personal information about you as a member will be provided to our agents.

  • E-Mail: Using the e-mail addresses provided at registration, LawyersInsurance.com and/or CNAPro.com periodically sends promotional e-mail to its members offered by LawyersInsurance.com, CNAPro.com, other business units of CNA and its advertisers. LawyersInsurance.com and/or CNAPro.com may contact you regarding membership status and to confirm your membership. Occasionally, LawyersInsurance.com and/or CNAPro.com shares data collected about members with other units within the CNA group of companies or with our agents whose products or services we feel may be of interest to you. Many of our members find these mail or e-mail promotions valuable, whether they are shopping for insurance or purchasing unique services. If you prefer not to receive promotional materials from companies outside LawyersInsurance.com group, please see the “Opting Out” provision below.

  • Data Security: To prevent unauthorized access, maintain data accuracy, and ensure the appropriate use of information, we have put in place appropriate physical, electronic, and managerial procedures to protect the information we collect online. CNAPro.com, LawyersInsurance.com and its Web sites use encryption technology to encrypt all transactions and personal information to preserve the privacy of it’s users
With whom does CNAPro.com share the information it gathers and/or tracks?

CNAPro.com shares the information it gathers, in aggregate form, with advertisers. We do not release personal information about you as an individual to third parties, other than to CNA Pro.com agents or when we have your permission, or under special circumstances, as described in our Terms of Use. .

May Children Access This Site?

No. Children are not eligible to use the services of LawyersInsurance.com, CNAPro.com or any of its Web sites, and we ask that minors not submit any personal information to us. If you are a minor, you may use this service only in conjunction with a parent or guardian.

May I Opt-Out or Obtain a Correction or Cancellation?

Upon request, LawyersInsurance.com shall correct personal information that you state is erroneous, or permit you to “opt out” of further e-mail contact (excepting notification of major changes to the service) while still allowing access to the site. To request a correction or cancellation, contact your insurance agent.