Terms of use

LAST CHANGED: April 22, 2005

TERMS APPLICABLE TO ALL USERS

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 and operated by THOMCO ("THOMCO", "we", "us", or "our") and controlled with Zurich American Insurance Company ("Zurich", "we", "us", or "our").  Zurich does business as Zurich North America.

 

THOMCO and Zurich many, 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.  THOMCO and Zurich make 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.  THOMCO and Zurich reserve 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 THOMCO and Zurich.  These descriptions are not a part of any insurance contract or policy and do not amend, revise or alter the terms of any policy issued through or services provided by THOMCO and Zurich.

 

2.     Scope of Use and User E-Mail

 

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 ay form or media.  The systematic retrieval of data from the Web Site is also prohibited.

 

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.  Also, please consult our Internet privacy statement at Section 4 in these Legal Terms.  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.  THOMCO and Zurich shall not be subject to any obligations of confidentiality regarding any information or materials that you submit online except as specified in these Legal Terms, or as set forth in any additional items and conditions relating to specific products or services, or as otherwise specifically agreed or required by law.

 

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 THOMCO and Zurich is strictly prohibited.

 

3.     Copyrights and Trademarks: Digital Millennium Copyright Act Take-Down Procedures

 

The Web Site is protected by copyright as a collective work and/or compilations, 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 of its third party licensors; except as otherwise set forth in the following paragraphs of this Section 3.  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 many not use a part of this Web Site on any other 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.insurewithtanpro.com and any other sites that are owned, operated and controlled by THOMCO and Zurich in the United States.  Apart from this statement, however, if you are a Zurich 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 and Non-Personal Information

 

We collect two kinds of information about our Web Site users: personal and non-personal information.  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 register with www.insurewithtanpro.com, the information that is collected online is used only to facilitate your requests, process any transactions you might initiate, or update your account information.

 

Non-personal information is collected to track the total number of guests visiting www.insurewithtanpro.com and to guide our efforts to improve the Web Site.  To achieve these improvements, the Web Site, like many web sites, uses "cookies" (a small text file placed on the user's hard drive) to facilitate site navigation, maintain quality of online service, provide additional security, and allow the customization of your access to the Web Site.  Cookies themselves do not enable us to access any personal information about our users; however, they do allow us to analyze use of the Web Site.  The "cookies" automatically collect information about your computer hardware and software, which can include browser type, access times and Internet Protocol (IP) address.  The Web Site does not use "cookies" to collect information for distribution to third parties for any purposes, nor does it use "cookies" to secure information from other web sites you may visit.

 

We may personalize your user experience by using information about your interests to recommend other services or sites that might be of interest to you; we may also monitor user traffic patterns and site usage to help provide enhancements to its services; we may use the information it collects to notify you about new services or special offers.  Further, by providing information or materials to this Web Site, you grant to THOMCO and Zurich and 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 government 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

 

THOMCO and Zurich offer 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.  THOMCO and Zurich make no representation regarding the content or accuracy of any web site that you may access through this Web Site.  THOMCO and Zurich do not monitor and are not responsible for the content found of other web sites that are linked from this Web Site.  Inclusion of these links on THOMCO and 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, THOMCO and Zurich assume 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 THOMCO and Zurich's written permission.

 

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, STATUATORY 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 THOMCO AND ZURICH EXPRESSLY DISCLAIM.  THOMCO AND ZURICH DO NOT ENDORSE AND MAKE 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 Illinois 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 THOMCO and Zurich American Insurance Company on behalf of the member companies of Zurich North America (identified below in Section 8), from its offices in Schaumburg, Illinois USA.

 

8.     The subsidiaries of Zurich American Insurance Company

 

Zurich does business in its own name as well as through its subsidiary companies, as listed below.  Certificate of authority numbers, by state, for each of the companies (except as noted) are available by clicking here.

 

American Guarantee and Liability Insurance Company

One Liberty Plaza, 165 Broadway, 21^st Floor

New York, New York 10006

Licensed in: All states including DC

 

American Zurich Insurance Company

1400 American Lane

Schaumburg, Illinois 60196

Licensed in: All states including DC

 

Assurance Company of America

One Liberty Plaza, 165 Broadway, 21^st Floor

New York, New York 10006

Licensed in: All states including DC

 

Colonial American Casualty and Surety Company

3910 Keswick Road

Baltimore, Maryland 21211

Licensed in: All states including DC, excluding ME, NH

 

Empire Fire and Marine Insurance Company

13810 FNB Parkway

Omaha, Nebraska 68154-8003

Licensed in: All states including DC, excluding OK

 

Empire Indemnity Insurance

13810 FNB Parkway

Omaha, Nebraska 68154-8003

Licensed in: OK

 

The Fidelity and Deposit Company of Maryland

3910 Keswick Road

Baltimore, Maryland 21211

Licensed in: All states including DC, PR, Guam, U.S. Virgin Islands

 

Maine Bonding and Casualty Company

Two Monument Square

Portland, Maine 04101

Licensed in: AK, AR, DC, ME, MA, NE, NH, ND, OH, OR, RI, SD, VT, WA

 

Maryland Casualty Company

3910 Keswick Road

Baltimore, Maryland 21211

Licensed in: All state including DC, PR, U.S. Virgin Islands, Guam

 

Maryland Insurance Company

9330 LBJ Freeway, Suite 1300

Dallas, Texas 75243

Licensed in: AL, AK, AR, DC, ID, IL, IA, KY, LA, NE, NM, ND, OK, OR, SD, TX, WA, WI

 

Maryland Lloyd's

9330 LBJ Freeway, Suite 1300

Dallas, Texas 75243

Licensed in: TX

 

National Standard Insurance Company

9330 LBJ Freeway, Suite 1300

Dallas, Texas 75243

Licensed in: AL, AK, AR, DC, ID, IA, KY, LA, NE, NH, ND, OH, OR, OK, SD, TX, WA

 

Northern Insurance Company of New York

One Liberty Plaza, 165 Broadway, 21^st Floor

New York, New York 10006

Licensed in: All states including DC

 

Steadfast Insurance Company

32 Loockerman Square, Suite 202

Dover, Delaware 19904

Licensed in: DE

 

Valiant Insurance Company

2222 Grand Avenue

Des Moines, Iowa 50265

Licensed in: All states including DC, excluding HI, MA, NV

 

Zurich American Insurance Company

One Liberty Plaza, 165 Broadway, 21^st Floor

New York, New York 10006

Licensed in: All states including DC, PR, U.S. Virgin Islands

 

Zurich American Insurance Company of Illinois

1400 American Lane

Schaumburg, Illinois 60196

Licensed in: All states including DC, excluding AL, DE, HI, ME, MA, NH, NJ, NY, NC, PA, VT, WA, WY

 

9.     Termination

 

THOMCO and Zurich may terminate the right of any user to access the Web Site at any time, with or without cause, in THOMCO and 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 THOMCO and Zurich's absolute rights to terminate any user's access to the Web Site.

 

10.  Separate Agreements

 

You may have other agreements with THOMCO and Zurich.  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 THOMCO and Zurich, or with any other company with the Zurich group in North America.

 

11.  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.

 

12.  Limitation of Liability

 

YOUR USE OF THE CONTENT IS AT YOUR OWN RISK.  THOMCO AND ZURICH SPECIFICALLY DISCLAIM 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, INTERRUIPTION, 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 COMMECTIONS TO THE WEB SITE OR VIRUSUS, 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 THOMCO AND ZURICH.  SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY, SO THIS LIMITIATION MAY NOT APPLY TO YOU.