Terms and Conditions of Use
- Arch Capital Group Ltd.
- Terms & Conditions
These Terms and Conditions of Use were last revised on Nov. 13, 2024.
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THE WEBSITE. BY ACCESSING THIS WEBSITE, YOU AGREE TO BE LEGALLY BOUND BY THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE, PLEASE DO NOT USE THE WEBSITE.
YOUR ACCESS AND USE OF THIS WEBSITE IS SUBJECT TO THE FOLLOWING TERMS AND CONDITIONS AND ALL APPLICABLE LAWS AND REGULATIONS. THESE TERMS AND CONDITIONS MAY BE UPDATED PERIODICALLY WITHOUT NOTICE AND WILL BECOME EFFECTIVE IMMEDIATELY UPON POSTING. IT IS YOUR RESPONSIBILITY TO REVIEW THESE TERMS AND CONDITIONS BEFORE EACH USE OF THIS WEBSITE. EACH TIME YOU ACCESS THIS WEBSITE, YOU ARE DEEMED TO HAVE ACCEPTED THE THEN-CURRENT TERMS AND CONDITIONS. AS A CONDITION OF USING THE WEBSITE, YOU WARRANT NOT TO USE IT FOR ANY ILLEGAL OR PROHIBITED PURPOSE OR TO REPRODUCE OR DISTRIBUTE ANY PART OF THE WEBSITE FOR ANY COMMERCIAL USE UNLESS PERMITTED BY THESE TERMS AND CONDITIONS.
Welcome to a website (the “Website”) provided by Arch Capital Group Ltd. and/or one or more of its subsidiaries (collectively, “Arch”, “we”, “our” or “us”; Arch Capital Group Ltd. and each of its subsidiaries may also be referred to individually as the “Company”). Arch is comprised of insurance, mortgage and reinsurance companies that are licensed or otherwise approved to transact insurance, mortgage and reinsurance business in various countries and jurisdictions worldwide. Arch also includes companies that provide consumer and other services to the insurance industry and other customers.
These “Terms and Conditions of Use” (together with any documents incorporated by reference) govern your access and use of the Website. These Terms and Conditions of Use may also apply to interactive features, portals, widgets, mobile apps, applications, content or downloads that are owned and/or operated by us, are available through the Website or that interact with the Website and post links to these Terms and Conditions of Use. Some of the Company’s other websites and mobile applications may have similar or different terms that govern the use of those particular online services, so we encourage you to review each of our online service’s terms prior to using or accessing one of our other online services. All of the services and/or features provided on the Website are referred to as our “Services.”
In some instances, both these Terms and Conditions of Use and separate guidelines, rules, or terms of service or sale setting forth additional or different terms and/or conditions will apply to your use of the Website or to a service or insurance product offered via the Website (in each such instance, and collectively “Additional Terms”). To the extent there is a conflict between these Terms and Conditions of Use and any Additional Terms, the Additional Terms will control unless the Additional Terms expressly state otherwise. Additionally, please review the Additional Terms included in our Privacy and Data Protection Policy. Customers of Arch Mortgage Insurance companies in the United States should review the additional terms of those companies’ Privacy Policy.
Note that this website uses cookies and similar tracking technologies to recognize you, to customize and enhance your online user experience, to provide you with products and services tailored to your interests, and to help us improve the website. It may also involve the use of an automated assistant or “chatbot” to answer your questions. To learn more about cookies, or other similar tracking technologies we use to collect information about your online use and preferences, please refer to Arch’s Privacy and Data Protection Policy, Cookie Policy and Cookie Consent Manager.
No insurance products, securities or other products or services are offered or will be sold in any jurisdiction in which such offer, solicitation purchase or sale would be unlawful under the laws of such jurisdiction. Not all insurance coverages or other products or services are available in all jurisdictions.
ANY INSURANCE POLICY THAT IS SOLICITED OR CAN BE NEGOTIATED OR PURCHASED THROUGH A COMPANY WEBSITE IS SUBJECT TO THE TERMS AND CONDITIONS OF THE INSURANCE POLICY ITSELF. IN THE EVENT OF ANY CONFLICT BETWEEN THE INSURANCE POLICY AND THESE TERMS AND CONDITIONS OF USE, OR ANY ADDITONAL TERMS, OR BETWEEN THE INSURANCE POLICY AND ANY DESCRIPTIONS FOUND ON THE WEBSITE WHERE IT WAS SOLICITED, NEGOTIATED, OR SOLD, THE TERMS AND CONDITIONS OF THE INSURANCE POLICY SHALL PREVAIL. FURTHERMORE, NO INSURANCE POLICY WILL BE ISSUED UNTIL WE HAVE ACCEPTED THE APPLICATION. COVERAGE BEGINS AT THE TIME STATED IN THE INSURANCE POLICY, NOT WHEN AN APPLICATION IS SUBMITTED THROUGH THE WEBSITE.
Excess and surplus lines coverages can only be obtained through licensed surplus or excess lines brokers, unless insureds can secure insurance from unauthorized insurers through lawful direct placements or applicable exemptions based upon the coverage type or the qualifications of the insured. Such exceptions are complex and entail legal obligations for the insured, including necessary filings and tax payments, and should be pursued only upon qualified professional advice.
Additional licensing and regulatory information about our subsidiaries is available as a PDF.
Insurance and financial professionals in a contractual relationship with Arch are subject to the terms of their contracts, including any policies, procedures, and guidelines issued to such persons by Arch. In the event of any conflict between such contracts, policies, procedures, and guidelines and these Terms and Conditions of Use the terms and conditions of the contracts, policies, procedures, and guidelines shall govern at Arch’s sole discretion.
To access certain features on the Website such as an online portal for your Company account, you must first complete our registration process, which will be described on any Website that includes account access functionality. Our practices governing the collection and use of your personal information are disclosed in our Privacy and Data Protection Policy.
When registering for features requiring a password and/or username, you will create your own password (or receive a randomly generated one via email) and agree to the following: (i) you will not use a username (or email address) that is already being used by someone else, may impersonate another person, belongs to another person, violates the intellectual property or other right of any person or entity, or is offensive. We may reject the use of any password, username, or email address for any other reason in our sole discretion; (ii) you will provide true, accurate, current, and complete registration information about yourself in connection with the registration process and, as permitted, to maintain and update it continuously and promptly to keep it accurate, current, and complete; (iii) you are solely responsible for maintaining the confidentiality of your password and for restricting access to your device so that others may not access any password protected portion of the Service using your name, username, or password; (iv) you will immediately notify us of any unauthorized use of your account, password, or username, or any other breach of security; and (v) you will not sell, transfer, or assign your account or any account rights. We will not be liable for any loss or damage (of any kind and under any legal theory) to you or any third party arising from your inability or failure for any reason to comply with any of the foregoing obligations.
If any information is found to be false, inaccurate, outdated, incomplete, or violates these Terms and Conditions of Use or any applicable law or regulation, we may suspend or terminate your account. We also reserve the right to terminate your account or suspend your access to it or its benefits at our discretion, for any reason, and without prior notice or liability.
If you provide us with any information via the Website -such as by filling out forms or by contacting us via email you warrant that all information is correct, accurate, current and does not violate any laws or the rights of others. Subject to applicable laws, we reserve the right to verify the information you submit via our Website and decline your request for an insurance quotation, an insurance contract or any other Services in our sole discretion. You acknowledge and agree that we shall not have any risk with respect to any insurance quotation or contract of insurance until we have issued and you have received the relevant written confirmations and documentation from us.
Internet Portals for Arch Business
Arch may utilize internet portals specifically designed to allow you to upload, post or submit information that Arch will use to issue an insurance quote to you or your client. By uploading, posting or submitting such information, you represent that the information is true and correct to the best of your knowledge, information and belief, after performing due diligence. Arch may utilize the information provided by you to develop a quote, estimate or indication, if Arch decides to do so in its discretion. Arch may also utilize the information in its normal course of issuing insurance policies and providing related services. Arch’s work product developed from such information, including, but not limited to, quotes, estimates, applications, binders and policies, is the sole property of Arch.
A. Arch may now or in the future allow users to create, post, upload, display, publish, distribute, transmit or otherwise submit messages, text, images, audio or video clips, files, comments, responses, information, content, ratings, reviews, suggestions, personally identifiable information, or other materials and the ideas contained therein (collectively, “User-Generated Content”).
By providing User-Generated Content, you retain full legally responsiblity for its content. The Company has no obligations to you or any third party concerning your User-Generated Content. Submitting User-Generated Content may not be secure, and you do so at your own risk. Unless otherwise stated in the Website’s posted Privacy and Data Protection Policy, User-Generated Content will be treated as non-confidential, even if labeled “confidential,” “proprietary,” or words to similar effect. The Company reserves the right to remove any User-Generated Content for any reason or for no reason. User-Generated Content will not be returned.
B. Despite the above, you grant to Arch the non-exclusive, unrestricted, unconditional, unlimited, worldwide, irrevocable, perpetual, transferable, and cost-free right and license (“License”) to use, copy, record, distribute, reproduce, disclose, sell, re-sell, sublicense (through multiple levels), display, publicly perform, transmit, publish, broadcast, translate, make derivative works of, and otherwise use and exploit in any manner whatsoever, all or any portion of your User-Generated Content (and derivative works thereof), for any purpose whatsoever in all formats, on or through any means or medium now known or hereafter developed, and with any technology or devices now known or hereafter developed, and to advertise, market, and promote the same. You agree that you will not receive any fees, sums, consideration or other remuneration for the Company’s use of any of the rights granted by the License.
C. You agree not to upload, distribute, or publish any slanderous, obscene, libelous, defamatory, abusive, pornographic or otherwise illegal material on the Website. You represent and warrant that User-Provided Content will not: (a) be fraudulent; (b) infringe any third party’s copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (c) violate any laws, statutes, ordinances or regulations (including without limitation those governing import/export control, consumer protection, unfair competition, anti-discrimination, financial promotion or false advertising); and (d) contain any viruses, Trojan horses, worms, time bombs, cancel bots or other computer programming routines that are designed to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information.
The design of this Website and its content are the property of Arch and are protected by copyright and other intellectual property laws. Provided you fully comply with these Terms and Conditions of Use, we grant you a limited, non-exclusive, revocable, non-assignable, personal and non-transferable license to: (i) temporarily download , display, view, use, play, and/or print one copy of the content we offer on the Website (excluding source and object code in raw form, except as necessary for display and functionality) on a personal computer, mobile phone or other Internet- enabled device (each, a “Device”) for your business and personal use only. You must retain all copyright and other proprietary notices from the original materials on all copies. This limited license: (i) does not give any ownership rights, or any intellectual property rights to you regarding the content, and (ii) may be suspended or terminated at our sole discretion, and without prior notice or liability. You are prohibited from copying, reproducing, modifying, adapting, displaying, performing, publishing, creating derivative works from, storing, sublicensing, translating, selling, renting, reverse engineering, decompiling, disassembling, or otherwise exploiting this Website or its content.
However, this section does not prevent consumers from downloading and/or printing their insurance policies, statements and related notices.
The display of any trade names, trademarks, service marks, logos, or domain names (collectively, “Marks”) on this Website does not imply that a license has been granted regarding these Marks. Unauthorized downloading, re-transmission or other copying or modification of Marks may violate trademark laws and could lead to legal action against you.
THIS WEBSITE AND ITS CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES OR REPRESENTATIONS. THERE IS NO GUARANTY THAT THIS WEBSITE WILL BE ACCESSIBLE AT ALL TIMES OR THAT ALL FEATURES WILL FUNCTION AS DESCRIBED. THE COMPANY DOES NOT WARRANT THAT THE WEBSITE WILL OPERATE WITHOUT INTERRUPTION OR ERROR. TO THE FULLEST EXTENT PERMITTED BY LAW, ALL IMPLIED WARRANTIES AND CONDITIONS ARE DISCLAIMED. FURTHERMORE, WE DO NOT WARRANT THAT THIS WEBSITE IS FREE OF VIRUSES, TROJAN HORSES, WORMS, TIME BOMBS, SCRIPTS, MALWARE, CANCEL BOTS OR OTHER COMPUTER PROGRAMS DESIGNED TO DAMAGE, HARM, INTERFERE WITH, INTERCEPT OR EXPROPRIATE ANY SYSTEMS, DATA OR INFORMATION.
WE WILL NOT BE LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY LOSS OR DAMAGE, INCLUDING, BUT NOT LIMITED TO, ANY LOST PROFITS, LOST SAVINGS OR ANY DIRECT OR INDIRECT, SPECIAL, EXEMPLARY, INCIDENTAL OR CONSEQUENTIAL DAMAGES, ARISING FROM YOUR USE OF, OR RELIANCE ON, OR INABILITY TO USE OR ACCESS THIS WEBSITE, OR DUE TO DELAYS, INACCURACIES, ERRORS OR OMISSIONS IN THE WEBSITE. THIS INCLUDES ISSUES RESULTING FROM DAMAGED OR LOST DATA, SOFTWARE OR COMPUTER FAILURES OR ANY OTHER REASON, REGARDLESS OF THE CLAIM’S NATURE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR LOSS.
TO THE EXTENT PERMITTED BY LAW, YOU RELEASE THE COMPANY FROM ANY AND ALL LIABILITY FOR DAMAGES INCURRED, DIRECTLY OR INDIRECTLY, TO YOU OR ANY THIRD PARTY AS A RESULT OF USE OF THIS WEBSITE OR ITS CONTENT, INCLUDING ANY FILES DOWNLOADED OR ACCESSED. IN NO EVENT WILL OUR TOTAL LIABILITY TO YOU EXCEED TEN UNITED STATES DOLLARS ($10.00).
A. Generally. To purchase any insurance or insurance services through www.roamright.com, you must be at least eighteen (18) years of age or the applicable age of majority in your jurisdiction of residence to form a binding contract. Prior to the purchase of any goods or services on those websites, you must provide us with a valid credit card number and associated payment information including all of the following: (i) your name as it appears on the card, (ii) your credit card number, (iii) the credit card type, (iv) the date of expiration; and (v) any activation numbers or codes needed to charge your card. By submitting that information to us, you hereby agree that you authorize us to charge your card at our convenience but within thirty (30) days of credit card authorization. All sales of products and services are subject to the terms and conditions within each insurance policy. For each product or service that you order on those websites, you agree to pay the price applicable (including any sales taxes, surcharges and any fees for the service you select) as of the time you submitted the order. We will automatically bill your credit card or other form of payment submitted as part of the order process for such price. Please note that we do not provide price protection or refunds in the event of a price drop.
B. Methods of Payment, Credit Card Terms and Taxes. All payments must be made by Visa, MasterCard, Discover, American Express or PayPal. We currently do not accept cash, personal or business checks or any other payment form, although in the future we may change this policy. Your card issuer agreement governs your use of your designated card, and you must refer to that agreement and not these Terms and Conditions of Use to determine your rights and liabilities as a cardholder. You hereby represent and warrant that you will not use any 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 purchases (including any applicable taxes) at the rates in effect when the charges were incurred. Unless you notify us of any discrepancies within sixty (60) days after they first appear on your credit card statement, you agree that they will be deemed accepted by you for all purposes. If we do not receive payment from your credit card issuer or its agent, you agree to pay all amounts due upon demand by us or our agents.
C. Order Acceptance Policy. We reserve the right at any time after receipt of your order to accept or decline your order for any reason. Your order will be deemed accepted by us upon our issuance of the insurance policy that you have ordered. Notwithstanding the foregoing, you agree that, if we cancel your order, your sole and exclusive remedy is that we will issue a credit to your credit card account in the amount charged for the cancelled portion (if your credit card has already been charged for the order). Do not assume that a cancellation or change of an order you have placed with us has been effected until you receive confirmation from us via email or the Website. As stated above, you will be responsible for, and your credit card or third-party payment account may be charged for, the payment of all fees associated with orders already processed before your cancellation/change request was received.
A. Cautionary Note Regarding Forward-Looking Statements
Information about forward-looking statements can be found in our filings with the U.S. Securities and Exchange Commission.
B. Stock Quote Disclaimer
The stock price available through this Website may be delayed and is provided for informational purposes only and is not intended for trading purposes. The Company or its stock information provider shall not be liable for any inaccuracies or delays in the quote, or for any actions you might take in reliance thereon.
You agree to defend, indemnify and hold the Company and its employees, agents, officers, directors, shareholders, contractors, licensors, service providers, suppliers and other representatives harmless from and against all loss, liabilities, damages, demands, settlements, claims, actions, costs and expenses (including reasonable attorneys’ fees and court costs) in connection with, arising from or related to your use of this Website or the Website’s content as it may change from time to time, or your violation of these Terms and Conditions of Use. We may, if necessary, participate in the defense of any claim or action at your expense and any negotiations for settlement. We reserve 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 of the Website or the Website’s content violates or allegedly violates a third party’s rights, you agree to promptly notify us 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 the Company. If you are responsible for a technical disruption impacting the Website or its transmission of systems, you agree to cover all associated loss, liability, expense, damage and cost, including reasonable attorneys’ fees and court costs, arising from, in connection with or related to such disruption.
You are not permitted use any robot, spider, scraper, automated scripts or other automated means to access the Website, its content or Services for any purposes. You must not attempt to make the Website unavailable through denial-of-service attacks or similar means or use the Website in a manner that could damage, overburden, disable or impair it, or interfere with others’ use of the Website.
You agree that any unauthorized use of this Website or its contents could result in immediate and irreparable harm to the Company, for which money damages may not be sufficient. You agree that we can terminate your access to this Website at any time, with or without cause, and without prior notice. Additionally, You agree that injunctive relief, in addition to any other remedies available, may be necessary in order to enforce these Terms and Conditions of Use. You will consent to interim, interlocutory, and final injunctive relief restraining you from breaching, and requiring you to comply with, your obligations under these Terms and Conditions of Use, without a requirement that a finding of irreparable harm or other criteria for the awarding of injunctive relief be made. Furthermore, you understand that unauthorized use of this Website may lead to civil and criminal liability, and we may report violations of these Terms and Conditions of Use to the appropriate law enforcement authorities and fully cooperate with them.
This Website may contain portals or hyperlinks to websites operated by persons or entities other than the Company. When you navigate to those third-party sites, the terms and conditions, licenses and privacy policy of that third party may apply, all of which may be different from Arch’s. If you have any questions or concerns about the third party’s terms and conditions, licenses and privacy policy, please do not access its website from Arch. Such portals or hyperlinks are provided for your reference and convenience only. Arch does not capture any usernames, passwords or other data from any portals and Arch does not capture or maintain personal information that you may enter through portals or hyperlinks to third party websites.
Please be aware that we do not monitor, endorse or accept responsibility for the content on such websites or the operator or operations of such websites. You are solely responsible for determining the extent to which you may use any content at any other websites to which you might link from this Website. You agree not to hold the Company responsible for the content or operation at any other websites to which you might link from this Website. Selected content on the Website is provided by one or more third-parties. We have no control over, and take no responsibility for supplementing, correcting or updating that information. Furthermore, we make no warranties or representations of any kind whether with respect to its accuracy, completeness, timeliness or otherwise. We have 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. Complaints, claims, concerns or questions related to third-party sites should be directed to the third-party.
Subject to the disclaimers in these Terms and Conditions of Use, you are permitted to use the RSS feeds from this Website. Furthermore, the content of this Website is protected by applicable copyright laws and international treaties and all titles, ownership, and intellectual property rights remain the Company regarding its Website. Proper attribution is required whenever you use content from this Website on your own website. We reserve the right to restrict, modify, suspend, or terminate your access to these feeds, in whole or in part, at any time without liability. We reserve the right to ask that you remove any content on your website that was derived, copied or otherwise adapted from this Website.
We hope we never get into any disputes with you in connection with our Website, but just in case, here are some things that would apply:
A. Governing Law/Jurisdiction
THESE TERMS AND CONDITIONS OF USE AND THE INTERPRETATION OF THESE TERMS AND CONDITIONS OF USE WILL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF NEW YORK WITHOUT REGARD TO ITS CONFLICTS OF LAWS PRINCIPLES AND SPECIFICALLY, WITHOUT LIMITATION, WILL NOT BE GOVERNED BY THE UNITED NATIONS CONVENTIONS ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS, IF OTHERWISE APPLICABLE. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE WITH RESPECT TO THIS WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION ARISES. WE EACH WAIVE ANY RIGHT TO A JURY TRIAL.
B. No Class Actions
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE THAT ANY DISPUTE, CLAIM, CAUSE OF ACTION, OR CONTROVERSY ARISING OUT OF OR RELATING TO THE WEBSITE OR THESE TERMS AND CONDITIONS OF USE: (A) SHALL BE SETTLED BY ARBITRATION ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION IN ACCORDANCE WITH ITS COMMERCIAL ARBITRATION RULES, AND JUDGMENT ON THE AWARD RENDERED BY THE ARBITRATOR(S) MAY BE ENTERED IN ANY COURT HAVING JURISDICTION THEREOF; AND (B) SHALL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION.
C. WAIVER OF INJUNCTIVE RELIEF
IF YOU CLAIM THAT YOU HAVE INCURRED ANY LOSS, DAMAGES, OR INJURIES IN CONNECTION WITH YOUR USE OF THE WEBSITE, THEN THE LOSSES, DAMAGES, AND INJURIES WILL NOT BE IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION OR TO OTHER EQUITABLE RELIEF OF ANY KIND. THIS MEANS THAT, IN CONNECTION WITH YOUR CLAIM, YOU AGREE THAT YOU WILL NOT SEEK, AND THAT YOU WILL NOT BE PERMITTED TO OBTAIN, ANY COURT OR OTHER ACTION THAT MAY INTERFERE WITH OR PREVENT THE DEVELOPMENT OR EXPLOITATION OF ANY WEBSITE, CONTENT, PRODUCT, SERVICE, OR OTHER INTELLECTUAL PROPERTY OWNED, LICENSED, USED OR CONTROLLED BY THE COMPANY OR A LICENSOR OF THE COMPANY.
A. Updates to Terms and Conditions of Use
The Company reserves the right to modify our Website and these Terms and Conditions of Use, including Company policies and other documents linked herein, at any time without prior notice (“Updated Terms”). You agree that we may notify you of the Updated Terms by posting them on the Website so that they are accessible via a link on the Website, and that your use of the Website after we post the Updated Terms (or engaging in such other conduct as we may reasonably specify) constitutes your agreement to the Updated Terms. Therefore, you should review these Terms and Conditions of Use on a regular and frequent basis. The Updated Terms will not be retroactive and be effective as of the time that the Company posts them on the home page of the Website, or such later date as may be specified in them.
B. Availability of Products and Services
The Website may describe products and services that are available only in certain jurisdictions and are not available worldwide. We reserve the right to limit the availability of the Website and/or the provision of any content, program, product, service, or other feature described or available on the Website to any person, entity, geographic area, or jurisdiction, at any time and in our sole discretion, and to limit or discontinue the quantities of any content, program, product, service, or other feature that we offer. You and we disclaim any application to these Terms and Conditions of Use of the Convention on Contracts for the International Sale of Goods.
C. Severability; Interpretation
If any provision of these Terms and Conditions of Use is for any reason deemed invalid, unlawful, void, or for any reason unenforceable by a court or arbitrator of competent jurisdiction, then that provision will be deemed severable from these Terms and Conditions of Use, and the invalidity of the provision will not affect the validity or enforceability of the remainder of these Terms and Conditions of Use (which will remain in full force and effect). To the extent permitted by applicable law, you agree that no part of these Terms and Conditions of Use shall be interpreted against us on the grounds that the particular language was drafted by us. The section headings are used for the convenience of reference only and are not to be taken into consideration in the interpretation of these Terms and Conditions.
D. Communications
When you communicate with us electronically, such as via email and text message or other communications from your desktop or from your mobile device, you consent to receive communications from us electronically, and you can retain copies of those communications for your records. Please note that we are not obligated to respond to inquiries that we receive. If you enter into an insurance policy with us, your consent to receive notices electronically shall be further subject to the relevant agreement between us and to applicable law in your jurisdiction.
E. Investigations; Cooperation with Law Enforcement; Termination; Survival
The Company reserves the right, without any limitation, to: (i) investigate any suspected breaches of its Website security or its information technology or other systems or networks, (ii) investigate any suspected breaches of these Terms and Conditions of Use, (iii) investigate any information obtained by the Company in connection with reviewing law enforcement databases or complying with criminal laws, (iv) involve and cooperate with law enforcement authorities in investigating any of the foregoing matters, (v) prosecute violators of these Terms and Conditions of Use, and (vi) discontinue the Website, in whole or in part, or terminate your access to it, in whole or in part, including any user accounts or registrations, at any time, without notice, for any reason and without any obligation to you or any third party. Any suspension or termination will not affect your obligations to the Company under these Terms and Conditions of Use or our obligations under any previously issued insurance policy. Upon suspension or termination of your access to the Website, or upon notice from the Company, all rights and permissions granted to you under these Terms and Conditions of Use will cease immediately, and you agree that you will immediately discontinue use of the Website. The provisions of these Terms and Conditions of Use, which by their nature should survive your suspension or termination, will survive, including the rights and licenses you grant to the Company in these Terms and Conditions of Use, as well as the indemnities, releases, disclaimers, and limitations on liability and the provisions regarding jurisdiction, choice of law, no class action, and waiver of injunctive relief.
F. Assignment
The Company may assign its rights and obligations under these Terms and Conditions of Use, in whole or in part, to any party at any time without any notice. These Terms and Conditions of Use may not be assigned by you, and you may not delegate your duties under them, without the prior written consent of an officer of the Company.
G. No Waiver
Except as expressly set forth in these Terms and Conditions of Use: (i) no failure or delay by you or the Company in exercising any of the rights, powers, or remedies hereunder will operate as a waiver of that or any other right, power, or remedy, and (ii) no waiver or modification, in whole or in part, of these Terms and Conditions of Use will be effective unless in writing and signed by the party against whom the waiver or modification is sought to be enforced.