ACCEPTANCE OF TERMS
DESCRIPTION OF SERVICES
Information on our web sites is not legal or medical advice, does not establish any standards of care, and does not modify the terms or conditions of insurance policies issued by ICW Group. The information is obtained from sources generally considered to be reliable, but ICW Group makes no warranties that the information contained on its web sites is in every respect accurate, timely, or complete. ICW Group is not responsible for any errors or omissions or for the results obtained from the use of the information on its web sites. Users of this information are encouraged to confirm such information with other sources.
The information provided on this Website in the form of articles, sample documents, forms, and brochures, is obtained from or developed with the use of sources generally considered to be reliable. However, accuracy and completeness are not guaranteed. The information is intended, among other things, as risk management advice. It does not constitute a legal opinion, nor is it a substitute for legal advice. Legal inquiries about topics covered in these pages should be directed to your attorney. In addition, you may want to have the forms provided on this Website reviewed by an appropriate internal committee in your practice or by legal counsel to determine if it is appropriate for use in your practice or institution.
The design of this Website and its content, including the text, information, data, software, scripts, graphics, photos, sounds, videos, music, interactive features, products, materials, services and the like and any trademarks, service marks and logos contained therein (“Website Content”), are the property of or are licensed by ICW Group and are protected by copyright and other intellectual property laws. ICW Group hereby grants you a limited, non-exclusive, revocable, non-assignable, personal and non-transferrable license to view and download the Website Consent only for your personal use, provided that you retain all copyright and other proprietary notices on any permitted copies of the materials. You may not otherwise copy, reproduce, modify, adapt, display, perform, publish, create derivative works from, store, sublicense, translate, sell, rent, or otherwise exploit this Website or the Website Content without our permission.
ICW Group reserves all rights not expressly granted in and to the Website and the Website Content. You agree to not engage in the use, copying, or distribution of any of the Website Content, whether manually or by using robot, scraper, crawler or any other automated device or process, other than as expressly permitted herein or as reasonably necessary to use the Website for its intended purpose, including any use, copying, or distribution of Website Content for any commercial purposes. You in no way will obtain any ownership interest in the Website Content.
The display of any trade names, trademarks, service marks, logos, or domain names on this Website does not imply that a license of any kind has been granted to you with respect to such trade names, trademarks, service marks, logos, or domain names except as explicitly stated herein. Any unauthorized downloading, re-transmission or other copying or modification of trade names, trademarks, service marks, logos or domain names may be a violation of trademark laws and could subject you to legal action.
PRIVACY AND PROTECTION OF PERSONAL INFORMATION
See ICW Group’s privacy disclosures relating to the collection and use of your information at: https://www.icwgroup.com/about/legal-notice/
ONLINE SUBMISSION OF CLAIMS
You may be able to submit online claims for insurance benefits under an existing ICW Group Policy. If you submit an online claim, you agree that you will not submit any information that you know to be, or have reason to believe to be, false, fraudulent, deceptive, inaccurate, misleading or infringing on any third party’s rights. ICW Group also accepts submission of claims information through the email addresses specified on the Website.
ONLINE BILL PAY
To submit any online payments to our Website, you must be at least the applicable age of majority in your jurisdiction of residence. If you choose to make an online payment, you will be taken to our third-party payment processor’s website and you will be prompted to supply payment information. By submitting that information to our payment processor, you hereby agree that you authorize us and/or our processor to charge your bank account or credit card at our convenience, but within thirty (30) days of payment authorization. You hereby represent and warrant that you will not use any bank account, 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 payments (including any applicable taxes) at the rates in effect when the charges were incurred. If ICW Group does not receive payment from your bank, credit card issuer or its agent, you agree to pay all amounts due upon demand by ICW Group or its agents.
LINKS TO THIRD-PARTY SITES
ICW GROUP MAY PROVIDE HYPERLINKS TO WEBSITES OPERATED BY PERSONS AND ENTITIES OTHER THAN ICW GROUP THAT WILL LET YOU LEAVE ICW GROUP’S WEBSITE. THE LINKED SITES ARE NOT UNDER THE CONTROL OF ICW GROUP AND ICW GROUP IS NOT RESPONSIBLE FOR THE CONTENTS OF ANY LINKED SITE OR ANY LINK CONTAINED IN A LINKED SITE, OR ANY CHANGES OR UPDATES TO SUCH SITES. ICW GROUP IS NOT RESPONSIBLE FOR WEBCASTING OR ANY OTHER FORM OF TRANSMISSION RECEIVED FROM ANY LINKED SITE. ICW GROUP IS PROVIDING THESE LINKS TO YOU ONLY AS A CONVENIENCE, AND THE INCLUSION OF ANY LINK DOES NOT IMPLY ENDORSEMENT BY ICW GROUP OF THE SITE. YOU AGREE NOT TO HOLD ICW GROUP RESPONSIBLE FOR THE CONTENT OR OPERATION AT ANY OTHER SITE TO WHICH YOU MIGHT LINK FROM THIS WEBSITE.
Selected content on ICW Group’s Website is provided by a third party. ICW Group has no control over, and takes no responsibility for supplementing, correcting or updating that information. Furthermore, ICW Group makes no warranties or representations of any kind whether with respect to such third-party content’s accuracy, completeness, timeliness or otherwise. ICW Group has 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.
YOUR ACCESS TO AND USE OF THIS WEBSITE ARE AT YOUR SOLE RISK. YOU ARE ENTIRELY LIABLE FOR YOUR ACTIVITIES. ICW GROUP AND/OR ITS AGENTS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION CONTAINED IN THIS WEBSITE FOR ANY PURPOSE. THIS WEBSITE AND THE INFORMATION ON IT ARE PROVIDED BY ICW GROUP ON AN “AS IS”, “AS AVAILABLE” BASIS AND “WITH ALL FAULTS”. ICW GROUP MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE WEBSITE OR THE INFORMATION, CONTENT, MATERIALS, OR SERVICES INCLUDED ON THIS WEBSITE. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, ICW GROUP DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. IN NO EVENT SHALL ICW GROUP AND/OR ITS AGENTS BE LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY LOSS OR DAMAGES OF ANY KIND ARISING FROM THE USE OF, OR RELIANCE ON, OR INABILITY TO USE OR ACCESS, OR DELAYS IN, OR INACCURACIES OR ERRORS OR DEFECTS OR OMISSIONS IN, THIS WEBSITE OR THE INFORMATION CONTAINED THEREIN, INCLUDING, BUT NOT LIMITED TO INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION BASED ON CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, AND EVEN IF ICW GROUP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR LOSS.
ICW GROUP DOES NOT WARRANT THE ACCURACY, COMPLETENESS, TIMELINESS, AVAILABILITY, USEFULNESS OR OTHER CHARACTERISTICS OF THE WEBSITE OR ANY WEBSITE CONTENT. THE INFORMATION PUBLISHED ON THIS WEBSITE COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION IN THIS WEBSITE. ICW GROUP AND/OR ITS AGENTS MAY MAKE CHANGES TO THE INFORMATION CONTAINED IN THIS WEBSITE AT ANY TIME. ICW GROUP DOES NOT WARRANT THAT THIS WEBSITE IS FREE OF VIRUSES, WORMS, TROJAN HORSES OR OTHER HARMFUL COMPONENTS.
YOU HEREBY EXPRESSLY RELEASE ICW GROUP FROM ANY AND ALL LIABILITY OR RESPONSIBILITY FOR ANY DAMAGE CAUSED, DIRECTLY OR INDIRECTLY, TO YOU OR ANY THIRD PARTY AS A RESULT OF USE OF THIS WEBSITE OR THE WEBSITE CONTENT, INCLUDING ANY CONTENT OR FILE DOWNLOADED OR ACCESSED. YOU SPECIFICALLY ACKNOWLEDGE THAT ICW GROUP SHALL NOT BE LIABLE FOR YOUR USER SUBMISSIONS, USER CLAIM CONTENT OR THE DEFAMATORY, OFFENSIVE, HARMFUL OR ILLEGAL CONDUCT OF ANY THIRD PARTY, AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
USER ACCOUNT, PASSWORD, AND SECURITY
If any of the Services requires you to open an account, you must complete the registration process by providing us with current, complete and accurate information as prompted by the applicable registration form. You also may be asked to choose a password and a username. You are entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to notify ICW Group immediately of any unauthorized use of your account or any other breach of security. ICW Group will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. You may not use anyone else’s account at any time, without the permission of the account holder.
You should be aware that the Internet is not secure. If you choose to send any electronic communications by means of this Website, you do so at your own risk, and in doing so you consent to receive communications from us electronically. ICW Group does not guarantee that electronic communications will not be intercepted or changed or that they will reach the intended recipient securely. Further, please note that we are not obligated to respond to inquiries that we receive. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
USER COMMENTS AND SUBMISSIONS
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information that you provide to ICW Group are not confidential and you grant us a worldwide, royalty-free license to distribute, publish, modify, edit or otherwise use your submissions. ICW Group does not claim ownership of the information you provide to ICW Group (including feedback and suggestions) or that you input or submit to any Services (collectively “Submissions”). ICW Group shall be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise without any acknowledgement of or compensation to you.
NO UNLAWFUL OR PROHIBITED USE
ICW Group reserves the right at all times to disclose any information as ICW Group deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in ICW Group’s sole discretion.
Any unauthorized use of this Website for any purpose is prohibited. We may suspend or terminate the availability or your use of the Website (and any elements or features of it), in whole or in part, for any reason, and at any time, in our sole discretion, and without advance notice or liability.
FORWARD LOOKING STATEMENTS
Certain portions of our Website may contain forward looking statements, including statements regarding ICW Group’s future performance and strategy. These statements are subject to risks and uncertainties that could cause actual results to differ materially from those projected in these forward-looking statements. Forward-looking statements speak only as of the date first made, unless another date is indicated. We caution you not to place substantial reliance on the forward-looking statements and we undertake no obligation to update or revise the statements.
MODIFICATIONS TO PRICE AND TERMS
By providing material, such as policy descriptions, on our Website, ICW Group does not in any way promise that the materials will remain available to you or that you will qualify for any of the products or services we offer. ICW GROUP RESERVES THE RIGHT, AT ANY TIME, TO CHANGE ITS PRODUCTS, SERVICES, AND PRICING, EFFECTIVE IMMEDIATELY UPON POSTING ON OUR WEBSITES OR APPLICATIONS OR BY E-MAIL DELIVERY TO YOU.
In accordance with various insurance laws and other regulatory restrictions, insurance products and services referenced on the Website may not be available or suitable for all jurisdictions and may not be offered by all of the insurers within the ICW Group family of companies.
Except as expressly stated herein, the information contained on this Website is not an offer to sell or a solicitation to purchase any insurance product or other product or service by ICW Group. Rather, the information on our products and services is provided to you so you can learn what products the ICW Group generally offers. Please contact a designated ICW Group representative or your broker to find out which products and services are available to you in your jurisdiction. We may make improvements and/or changes to the products, services and/or programs described on this Website at any time without notice.
The Website does not amend, modify or supplement any insurance policy. Consult the actual policy, your agent or contact us for the name of an agent who can supply you with details regarding terms, conditions, coverages, exclusions, products, services and programs which may be available to you. Your eligibility for particular products and services is subject to final determination of underwriting qualifications and acceptance by ICW Group’s underwriting company providing such products or services.
UNITED STATES OPERATIONS
SEVERABILITY AND INTERPRETATION
To the extent permitted by law, if any dispute or claim results in a lawsuit, you and we knowingly and voluntarily agree that a judge, without a jury, will decide the case. YOU UNDERSTAND AND KNOWINGLY AND VOLUNTARILY AGREE THAT YOU AND WE ARE WAIVING THE RIGHT TO A TRIAL BY JURY.
IF YOU ARE A CONSUMER, HOWEVER, THIS PROVISION SHALL NOT BE CONSTRUED TO LIMIT YOUR RIGHTS UNDER CONSUMER PROTECTION LAWS OF YOUR STATE OF RESIDENCE AS SET FORTH IN SECTION XIX.
EXCLUSIONS AND LIMITATIONS; CONSUMER PROTECTION NOTICE.
ICW Group Holdings, Inc.
15025 Innovation Drive
San Diego, CA 92128-3455