GENERAL DISCLAIMER
The material contained in this website is for informational purposes only
and is only intended to provide a general description of Tower, its products
and services. This is not a contract. Only the actual insurance policy
or contract states and provides the actual terms, coverage, amounts, conditions
and exclusions. For complete descriptions of the terms, conditions and
exclusions of insurance coverages or other products or services, please
contact your independent agent or broker or refer to the actual policy
or contract.
Tower makes no representations or warranties that the products or services
discussed or materials contained herein are suitable for your needs, are
complete, timely, reliable, or free from errors, inaccuracies or typographical
mistakes.
Please note that the availability of described coverages and other products
and services may be limited by state or other applicable laws and by Tower
underwriting criteria. Additionally, in certain cases, references to products
in this website may include those of one or more client companies of Tower’s
managing general underwriter, Tower Risk Management; however, any particular
insurance policy or other product or service is the responsibility only
of the specific company that issues or underwrites such policy, product
or service. Before using this Site, you should open and carefully review
the 'Terms of Use' governing your use of this Web site.
Tower does not warrant that the website will operate error free or is free
from viruses or other potentially destructive computer penetrations. Tower
assumes no responsibility, and shall not be liable for, any damages to your
computer equipment or other property as a result of your access to or any
function or operation performed by you either on or in connection with this
website at any time.
TOWER PRIVACY STATEMENT
This Internet Privacy Policy applies only to your visit to our web site.
The level of information gathered by Tower varies depending upon your request.
The gathering of this information is designed with you in mind so that we
can better service the products we offer you. The information Tower collects
is used to provide policy quotes when requested, administer insurance policies,
answer questions or concerns, and provide information requested in a timely
manner. We also collect information from prospective employees who are interested
in applying for a position with Tower. Tower is not responsible for the
privacy practices or the content of any other web sites on the Internet
that may be linked to the Tower web site.
TOWER TERMS OF USE
IMPORTANT- READ THIS ENTIRE AGREEMENT CAREFULLY.
THESE ARE THE GENERAL TERMS AND CONDITIONS GOVERNING YOUR USE OF OUR WEB
SITE
Tower provides this Web site and the materials located at and under the
domain name twrgrp.com (collectively, this "Site") and any Tower
services available on this Site (which collectively with this Site are referred
to as the "Services") to you, the user, subject to compliance
with these terms and conditions below relating to this Site and the Services
(collectively, this "Agreement"). BY USING OR ACCESSING THIS SITE
OR THE SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND AND AGREE
TO BE LEGALLY BOUND BY THIS AGREEMENT.
1. WEB SITE USE
TOWER provides the Services for users of this Site to provide information
and relating to insurance products offered by TOWER and its affiliates.
As a condition to your use of this Site and the Services you agree that
you will not: (i) use this Site or the Services to infringe the intellectual
property rights of TOWER or others in any way; (ii) use this Site or the
Services or make any attempt to penetrate, modify or manipulate this Site
or the Services or any of TOWER´s hardware or software in order
to: invade the privacy of, obtain the identity of, or obtain any personal
information
about (including but not limited to IP addresses of) any TOWER account
holder or user, or modify, erase or damage any information contained on
the computer
of any user connected to the Services; or (iii) reverse engineer any portion
of the Services.
The information contained on this Site is provided solely for general informational
purposes and is not intended to be a solicitation or an offer to sell in
connection with any product or service, nor is the information a complete
description of all terms, conditions and exclusions applicable to the products
and services described. TOWER is not engaged in rendering legal or any other
advice. You are not a client of TOWER merely by visiting this Site. Your
insurance needs are no doubt particular to your individual circumstances,
and TOWER does not purport, by means of this Site, to offer information
appropriate or suitable to your individual circumstances. For complete descriptions
of the terms, conditions and exclusions of insurance coverages or other
products or services, please contact your independent agent or broker. Products
and services referenced herein may not be available in all jurisdictions.
2. COPYRIGHTS AND TRADEMARKS
All content included on this Site, such as text, graphics, logos, button
icons, images, audio clips, digital downloads, data compilations, and
software, the compilation of all content on this Site, and all software
used on this
Site are the property of TOWER, its affiliates or its content suppliers,
and are protected by United States and international copyright laws. Trademarks
owned by TOWER or its affiliates, the TOWER logo, and all other trademarks,
service marks, logos, and trade names (collectively, "Marks")
of TOWER or its affiliates appearing on this Site are owned by TOWER,
its affiliates or its licensor(s). Nothing in this Agreement or on the
Site
grants you any right or license to make any use of any materials or Marks
on this Site other than as described in following paragraph.
You are only authorized to visit, view and retain a single copy of pages
of this Site solely for your own individual, noncommercial use, and you
agree that you will not duplicate, download, publish, modify or otherwise
distribute any material on this Site for any purpose other than your own
individual, noncommercial use unless otherwise specifically authorized by
TOWER. We post legal notices and various credits on pages of this Site and
the Services, which you may not remove even from your permitted copy. You
are granted a limited, revocable, and nonexclusive right to create a hyperlink
to the TOWER home page provided the link does not portray TOWER, its affiliates,
or their products or services in a false, misleading, derogatory, or otherwise
offensive matter. You may not use any Mark as part of the link without TOWER's
express written permission. You may not frame or utilize framing techniques
to enclose any Marks without TOWER's express written consent. You may not
use any meta tags or any other hidden text utilizing the Marks without TOWER's
express written permission.
3. PROHIBITED ACTIVITIES ON THE SITE
It is a condition of your use of the Services and this Site that you do
not restrict or inhibit any other user from using and enjoying the Services
or any TOWER property or system, or use this Site or any of the Services
to:
• Engage in or encourage fraudulent conduct or conduct that would constitute
any other criminal offense or give rise to civil liability;
• Distribute in any manner any harmful, obscene or otherwise illegal or
objectionable material of any kind;
• Spoof or otherwise impersonate any individual or entity, or forge, delete
or alter any part of TCP/IP packet header information in any e-mail or
other posting;
• Restrict or inhibit the use of the Services by other users;
• Harvest, collect or store Site user information, including but not limited
to e-mail addresses;
• Violate or attempt to violate, the security of the Services;
•
Infringe on or misappropriate any person´s copyright or other intellectual
property, trade secret, or other proprietary rights (be advised that you
may be ordered by a court to pay money damages to the rightful owner of
any intellectual property rights you violate); or
• Assist or permit any persons in engaging in any of the activities described
above.
4. CONSEQUENCES OF UNACCEPTABLE USE
We reserve all rights, including without limitation the right to investigate
and to involve and cooperate with law enforcement authorities, and to pursue
a civil lawsuit or criminal prosecution for any alleged or actual illegal
activities involving this Site or any of the Services, as well as the right
to terminate your access to the Site or the Services.
5. INFORMATION YOU SUBMIT
Our use of any information you submit to us in order to use the Services
is subject to the terms and conditions of our Privacy Statement which forms
a part of this Agreement. Nonetheless, TOWER reserves the right at all times
to disclose any information as TOWER determines, in its sole discretion,
to be necessary to satisfy any law, regulation or governmental request or
to avoid liability for TOWER or any third party.
When you complete forms online or otherwise provide us information in connection
with the Site and Services, you agree to provide current, complete, true
and accurate information. You agree not to use a false or misleading name
or a name that you are not authorized to use. If TOWER in its sole discretion
believes that any such information is untrue, inaccurate, not current or
incomplete, TOWER may refuse you access to our Services, and pursue any
appropriate legal remedies.
6. WARRANTY DISCLAIMER
Your access and use of this site and any of the services offered on this
site at your sole risk. The services are provided on an "as is" and "as
available" basis, without warranties of any kind, express, implied
or statutory, including without limitation, any implied warranties of
merchantability, fitness for a particular purpose, non-infringement or
non-misappropriation
of intellectual property rights of a third party, title, custom, trade,
quiet enjoyment, accuracy of informational content, or system integration.
Tower does not warrant that the site and any services will be available
or operate in an uninterrupted or error-free manner or that errors or
defects will be corrected. Tower does not warrant that information available
on
or through the site is appropriate, accurate or available for use in any
particular jurisdiction, and accessing it from jurisdictions where their
contents are illegal is expressly prohibited. Some jurisdictions do not
allow exclusion of certain implied warranties, so the above exclusions
may not apply to you.
You should open and review the separate “General Disclaimer” governing
this Site; the provisions of such Disclaimer are incorporated into this
Agreement and shall apply to your use of this Site.
7. LIMITATION OF LIABILITY
Tower is on no way and under no circumstances liable to you for damages
of any kind whatsoever including, but not limited to, direct, indirect,
consequential, special, incidental, including without limitation, lost profits
or damages resulting from the use of or inability to use this website at
any time and for any purpose nor for lost data or business interruption.
). To the extent the foregoing limitation of liability is, in whole or in
part, held to be inapplicable or unenforceable for any reason, then the
aggregate liability of company for any reason and upon any cause of action
(including, without limitation, negligence, strict liability and other actions
in contract or tort) arising out of or in any way related to the site, the
services or this agreement shall be limited to your direct damages actually
incurred up to two hundred fifty dollars ($250).
8. JURISDICTION
Tower makes no representation that all insurance products and services
on this website are appropriate or available for use in your state. Some
insurance
products and services may not be available in all states or jurisdictions.
If you choose to access this website you do so on your own initiative
and are responsible for compliance with any local, state and federal
laws. The
information contained on this website is not an offer to sell or a solicitation
to buy, any insurance product or service. No insurance product or service
is offered or will be sold in any jurisdiction in which such offer or
solicitation, purchase or sale would be unlawful under the insurance
or other laws of
such jurisdiction. Use of this site will be governed and construed in
accordance with the laws of the New York State.
8. INDEMNITY
You agree to indemnify and hold TOWER and its affiliates harmless, and,
at TOWER´s request, to defend TOWER and its affiliates from and against
any claim, demand, cause of action, debt, loss or liability, including reasonable
attorneys´ fees, to the extent that such action is based upon, arises
out of, or relates to: (i) your use of (or inability to use) the Services;
(ii) your violation of the terms and conditions of this Agreement; (iii)
the infringement by you, or any other person using your password and account,
of any right of any person or entity; or (iv) any other activities of
yours accomplished using the Services. This indemnity shall be in addition
to
and not limited by any other indemnity.
9. ORDER OF PRECEDENCE
This Agreement governs your use of the Site and access to the Services.
To the extent that any provision of this Agreement, or any supplemental
agreement offered as any part of any registration for additional Services
on this Site, conflicts with any provision of other agreements between
you and TOWER or any of its related or affiliated entities, the terms
of this
Agreement, shall, as to the specific subject matter of this Agreement,
take precedence over the conflicting term(s) of that other Agreement.
10. APPLICABLE LAWS
The TOWER Site is controlled by TOWER from its offices within the
State of New York is intended for viewing only in the United States. Subject
to Section 9 above, the substantive laws of the State of New York will
govern
any dispute arising under this Agreement, without regard to any conflict
of laws provisions.
12. GENERAL
TOWER may amend these Terms of Service or any other notices, policies,
terms and conditions on this Site at any time by updating this posting
or otherwise
posting the changes to this Site. Accordingly, you should visit this Site
from time to time to review the then-current and effective terms and conditions
because they are binding on you. Certain provisions of these terms and
conditions may be superseded by expressly designated legal notices or
terms located
on particular pages at this Site or in conjunction with the Services.
No delay or failure to take action under such terms and conditions will
constitute
a waiver by TOWER unless expressly waived in writing by a duly authorized
officer of TOWER. Subject to the terms of Section 9 of this Agreement
for this Site, this Agreement constitutes the entire agreement between
you and
TOWER with respect to the specific subject matter addressed herein, and
governs your use of the Services, superseding any prior agreements between
you and TOWER relating to such subject matter, but this Agreement may
be supplemented by any other agreement you enter into with TOWER pursuant
to
a registration to access certain features of the Site. If any provision
of this Agreement is found by a court of competent jurisdiction to be
invalid, the parties nevertheless agree that the court should endeavor
to give effect
to the parties´ intentions as reflected in the provision, and that
the other provisions of this Agreement remain in full force and effect.
The section headings used in this Agreement are for convenience only and
have no legal or contractual effect.
Without limiting the foregoing, TOWER´s Services at the Site are
not intended for use by or availability to minors. IF YOU ARE NOT LEGALLY
AN
ADULT UNDER THE LAW WHERE YOU LIVE OR IF YOU ARE UNDER 18 YEARS OF AGE,
YOU MAY NOT ACCESS THE SITE OR USE THE SERVICES. IF SO, PLEASE IMMEDIATELY
DISCONTINUE USE OF THE SERVICES AND DO NOT ACCESS THE SITE.
BY USING OR ACCESSING THIS SITE OR THE SERVICES, YOU ACKNOWLEDGE THAT
YOU HAVE READ, UNDERSTAND AND AGREE TO BE LEGALLY BOUND BY THESE TERMS
OF SERVICE.
