Terms of Use
Acceptance of the Terms of Use
Welcome to the website of Avemco Insurance Company ("Company", "we" or "us"). The
following terms and conditions, together with any documents they expressly incorporate
by reference (collectively, these "Terms of Use"), govern your access to and use
of avemco.com, including any content, functionality and services offered on or through
such site (the "Website").
Please read the Terms of Use carefully before you start to use the Website. By using
the Website, you
accept and agree to be bound and abide by these Terms of Use and our Privacy Policy,
found at https://avemco.com/Privacy.aspx, incorporated herein by reference. If you
do not want to agree to these Terms of Use or the Privacy Policy, you must not access
or use the Website.
Changes to the Terms of Use
We may revise and update these Terms of Use from time to time in our sole discretion.
All changes are effective immediately upon posting, and apply to all access to and
use of the Website thereafter. However, any changes to the dispute resolution provisions
set forth in Governing Law and Jurisdiction will not apply to any disputes for which
the parties have actual notice prior to the date the change is posted on the Website.
Your continued use of the Website following the posting of revised Terms of Use
means that you accept and agree to the changes. You are expected to check this page
from time to time so you are aware of any changes, as they are binding on you.
Accessing the Website and Account Security
We reserve the right to withdraw or amend this Website, and any service or material
we provide on the Website, in our sole discretion without notice. We will not be
liable if for any reason all or any part of the Website is unavailable at any time
or for any period. From time to time, we may restrict access to some parts of the
Website, or the entire Website, to users, including registered users.
You are responsible for:
- making all arrangements necessary for you to have access to the Website.
- ensuring that all persons who access the Website through your internet connection
are aware of these Terms of Use and comply with them.
To access the Website or some of the resources it offers, you may be asked to provide
certain registration details or other information. It is a condition of your use
of the Website that all the information you provide on the Website is correct, current
and complete. You agree that all information you provide to register with this Website
or otherwise, including but not limited to through the use of any interactive features
on the Website, is governed by our Policy and you consent to all actions we take
with respect to your information consistent with our Privacy
Policy .
If you choose, or are provided with, a user name, password or any other piece of
information as part of our security procedures, you must treat such information
as confidential, and you must not disclose it to any other person or entity. You
also acknowledge that your account is personal to you and agree not to provide any
other person with access to this Website or portions of it using your user name,
password or other security information. You agree to notify us immediately of any
unauthorized access to or use of your user name or password or any other breach
of security. You also agree to ensure that you exit from your account at the end
of each session. You should use particular caution when accessing your account from
a public or shared computer so that others are not able to view or record your password
or other personal information.
We have the right to disable any user name, password or other identifier, whether
chosen by you or provided by us, at any time in our sole discretion for any or no
reason, including if, in our opinion, you have violated any provision of these Terms
of Use.
Intellectual Property Rights
The Website and its entire contents, features and functionality (including but not
limited to all information, software, text, displays, images, video and audio, and
the design, selection and arrangement thereof), are owned by the Company, its licensors
or other providers of such material and are protected by United States and international
copyright, trademark, patent, trade secret and other intellectual property or proprietary
rights laws.
These Terms of Use permit you to use the Website for your personal, non-commercial
use only. You must not reproduce, distribute, modify, create derivative works of,
publicly display, publicly perform, republish, download, store or transmit any of
the material on our Website, except as follows:
- your computer may temporarily store copies of such materials in RAM incidental to
your accessing and viewing those materials.
- you may store files that are automatically cached by your Web browser for display
enhancement purposes.
- you may print one copy of a reasonable number of pages of the Website for your own
personal, non-commercial use and not for further reproduction, publication or distribution.
- if we provide desktop, mobile or other applications for download, you may download
a single copy to your computer or mobile device solely for your own personal, non-commercial
use, provided you agree to be bound by our end user license agreement for such applications.
- if we provide social media features with certain content, you may take such actions
as are enabled by such features.
You must not:
- modify copies of any materials from this site.
- use any illustrations, photographs, video or audio sequences or any graphics separately
from the accompanying text.
- delete or alter any copyright, trademark or other proprietary rights notices from
copies of materials from this site.
You must not access or use for any commercial purposes any part of the Website or
any services or materials available through the Website.
If you wish to make any use of material on the Website other than that set out in
this section, please address your request to: [email protected].
If you print, copy, modify, download or otherwise use or provide any other person
with access to any part of the Website in breach of the Terms of Use, your right
to use the Website will cease immediately and you must, at our option, return or
destroy any copies of the materials you have made. No right, title or interest in
or to the Website or any content on the site is transferred to you, and all rights
not expressly granted are reserved by the Company. Any use of the Website not expressly
permitted by these Terms of Use is a breach of these Terms of Use and may violate
copyright, trademark and other laws.
Trademarks
The Company name, the terms HCC, HCC Specialty, Avemco, Avemco Insurance Company,
Avemco Insurance Agency, Inc., the Company logo and all related names, logos, product
and service names, designs and slogans are trademarks of the Company or its affiliates
or licensors. You must not use such marks without the prior written permission of
the Company. All other names, logos, product and service names, designs and slogans
on this Website are the trademarks of their respective owners.
Prohibited Uses
You may use the Website only for lawful purposes and in accordance with these Terms
of Use. You agree not to use the Website:
- in any way that violates any applicable federal, state, local or international law
or regulation (including, without limitation, any laws regarding the export of data
or software to and from the US or other countries).
- for the purpose of exploiting, harming or attempting to exploit or harm minors in
any way by exposing them to inappropriate content, asking for personally identifiable
information or otherwise.
- to transmit, or procure the sending of, any advertising or promotional material,
including any "junk mail", "chain letter" or "spam" or any other similar solicitation.
- to impersonate or attempt to impersonate the Company, a Company employee, another
user or any other person or entity (including, without limitation, by using e-mail
addresses associated with any of the foregoing).
- to engage in any other conduct that restricts or inhibits anyone's use or enjoyment
of the Website, or which, as determined by us, may harm the Company or users of
the Website or expose them to liability.
Additionally, you agree not to:
- use the Website in any manner that could disable, overburden, damage, or impair
the site or interfere with any other party's use of the Website, including their
ability to engage in real time activities through the Website.
- use any robot, spider or other automatic device, process or means to access the
Website for any purpose, including monitoring or copying any of the material on
the Website.
- use any manual process to monitor or copy any of the material on the Website or
for any other unauthorized purpose without our prior written consent.
- use any device, software or routine that interferes with the proper working of the
Website.
- introduce any viruses, Trojan horses, worms, logic bombs or other material which
is malicious or technologically harmful.
- attempt to gain unauthorized access to, interfere with, damage or disrupt any parts
of the Website, the server on which the Website is stored, or any server, computer
or database connected to the Website.
- attack the Website via a denial-of-service attack or a distributed denial-of-service
attack.
- otherwise attempt to interfere with the proper working of the Website.
Reliance on Information Posted
The information presented on or through the Website is made available solely for
general information purposes. We do not warrant the accuracy, completeness or usefulness
of this information. Any reliance you place on such information is strictly at your
own risk. We disclaim all liability and responsibility arising from any reliance
placed on such materials by you or any other visitor to the Website, or by anyone
who may be informed of any of its contents.
This Website may include content provided by third parties, including materials
provided by other users,
bloggers and third-party licensors, syndicators, aggregators and/or reporting services.
All statements and/or opinions expressed in these materials, and all articles and
responses to questions and other content, other than the content provided by the
Company, are solely the opinions and the responsibility of the person or entity
providing those materials. These materials do not necessarily reflect the opinion
of the Company. We are not responsible, or liable to you or any third party, for
the content or accuracy of any materials provided by any third parties.
Changes to the Website
We may update the content on this Website from time to time, but its content is
not
necessarily complete or up-to-date. Any of the material on the Website may be out
of date at any given time, and we are under no obligation to update such material.
Information about You and Your Visits to the Website
All information we collect on this Website is subject to our Privacy Policy. By using the Website, you consent to all actions taken by
us
with respect to your information in compliance with the Privacy Policy.
Linking to the Website and Social Media Features
You may link to our homepage, provided you do so in a way that is fair and legal
and does not damage our reputation or take advantage of it, but you must not establish
a link in such a way as to suggest any form of association, approval or endorsement
on our part without our express written consent.
This Website may provide certain social media features that enable you to:
- link from your own or certain third-party websites to certain content on this Website.
- send e-mails or other communications with certain content, or links to certain content,
on this Website.
- cause limited portions of content on this Website to be displayed or appear to be
displayed on your own or certain third-party websites.
You may use these features solely as they are provided by us and solely with respect
to the content they are displayed with and otherwise in accordance with any additional
terms and conditions we provide with respect to such features. Subject to the foregoing,
you must not:
- establish a link from any website that is not owned by you.
- cause the Website or portions of it to be displayed, or appear to be displayed by,
for example, framing, deep linking or in-line linking, on any other site.
- link to any part of the Website other than the homepage.
- otherwise take any action with respect to the materials on this Website that is
inconsistent with any other provision of these Terms of Use.
You agree to cooperate with us in causing any unauthorized framing or linking immediately
to cease. We reserve the right to withdraw linking permission without notice.
We may disable all or any social media features and any links at any time without
notice in our discretion.
Links from the Website
If the Website contains links to other sites and resources provided by third parties,
these links are provided for your convenience only. This includes links contained
in advertisements, including banner advertisements and sponsored links. We have
no control over the contents of those sites or resources, and accept no responsibility
for them or for any loss or damage that may arise from your use of them. If you
decide to access any of the third party websites linked to this Website, you do
so entirely at your own risk and subject to the terms and conditions of use for
such websites.
Disclaimer of Warranties
You understand that we cannot and do not guarantee or warrant that files available
for downloading from the internet or the Website will be free of viruses or other
destructive code. You are responsible for implementing sufficient procedures and
checkpoints to satisfy your particular requirements for anti-virus protection and
accuracy of data input and output, and for maintaining a means external to our site
for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE
CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY
HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA
OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR
ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED
ON IT, OR ON ANY WEBSITE LINKED TO IT.
YOUR USE OF THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH
THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS
OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS,
WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY
NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION
WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY
OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED
WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT OR ANY SERVICES
OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR
UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT
MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITE
OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS
OR EXPECTATIONS.
THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED,
STATUTORY OR OTHERWISE,
INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT
AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED
UNDER APPLICABLE LAW.
Limitation on Liability
IN NO EVENT WILL THE COMPANY, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS,
EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER
ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO
USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH
OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR SUCH OTHER
WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR
PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING,
EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED
SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT
(INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE
THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED
UNDER APPLICABLE LAW.
Indemnification
You agree to defend, indemnify and hold harmless the Company, its affiliates, licensors
and service providers, and its and their respective officers, directors, employees,
contractors, agents, licensors, suppliers, successors and assigns from and against
any claims, liabilities, damages, judgments, awards, losses, costs, expenses or
fees (including reasonable attorneys' fees) arising out of or relating to your violation
of these Terms of Use or your use of the Website, any use of the Website's content,
services and products other than as expressly authorized in these Terms of Use or
your use of any information obtained from the Website.
Governing Law and Jurisdiction
All matters relating to the Website and these Terms of Use and any dispute or claim
arising therefrom or related thereto (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 Maryland without giving effect to any choice or conflict of law
provision or rule (whether of the State of Maryland 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 courts of the
United States located in Maryland or the courts of the State of Maryland located
in Frederick County. You waive any and all objections to the exercise of jurisdiction
over you by such courts and to venue in such courts.
Limitation on Time to File Claims
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.
Waiver and Severability
No waiver of by the Company of any term or condition set forth in these Terms of
Use shall be deemed a further or continuing waiver of such term or condition or
a waiver of any other term or condition, and any failure of the Company to assert
a right or provision under these Terms of Use shall not constitute a waiver of such
right or provision.
If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction
to be invalid, illegal or unenforceable for any reason, such provision shall be
eliminated or limited to the minimum extent such that the remaining provisions of
the Terms of Use will continue in full force and effect.
Entire Agreement
The Terms of Use and our Privacy Policy constitute the sole and entire agreement
between you and the Company with respect to the Website and supersede all prior
and contemporaneous understandings, agreements, representations and warranties,
both written and oral, with respect to the Website.
Your Comments and Concerns
This Website is operated by the Avemco Insurance Company.
All feedback, comments, requests for technical support and other communications relating to the Website
should be directed to: [email protected]
. Thank you for visiting the Website.