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Terms of Use

Terms of Use

Last updated: August 2016

Introduction

These Terms of Use ("Legal Terms") describe the terms and conditions applicable to your access of https://www.thebarbourgroup.com/ and other online and mobile services and applications that link to or post these Terms of Use.

By visiting our Website, you signify your agreement to these Terms of Use YOUR USE OF THE ONLINE SERVICES 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 THE ONLINE SERVICES.

The Barbour Group (BG) may, at any time, for any reason and without notice, make changes to (i) the Online Services, including their look, feel, format, and content, as well as (ii) the products and/or services as described in the Online Services. Any modifications will take effect when posted. Therefore, each time you access the Online Services, you need to review the Legal Terms upon which access and use of these Online Services is conditioned. By your continuing use of the Online Services after changes are posted, you will be deemed to have accepted such changes.

Geographic Limitations

The Online Services are directed to those individuals and entities located in the United States. They are 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 Online Services and their content, including the 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 the Online Services. BG makes no representation that the information, opinions, advice or other content on the Online Services (collectively, "Content") is appropriate or that its products and services are available outside of the United States. Those who choose to access the Online Services 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 Online Services 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 the Online Services. BG reserves the right to determine all eligibility for such products and services in its sole discretion.

The Online Services may provide a general description of certain types of insurance products, coverage and services available through BG. These descriptions are not a part of an insurance contract or policy and do not amend, revise or alter the terms of any policy issued through or services provided by BG.  BG does not guarantee a particular outcome and further assumes no liability in connection with the providing of these products and services. Risk engineering services are provided by BG.

The Content available on the Online Services 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. The Online Services are not intended for use by minors.

Your Use of Content

The Online Services are protected by copyright as a collective work and/or compilation, 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 the Online Services are the exclusive property of BG or its third party licensors; except as otherwise set forth in this Section 6. Except as expressly provided under this Section, you may not use, reproduce, modify, transmit, distribute, or publicly display or operate the Online Services or a portion thereof without the prior written permission of BG.

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 the Online Services 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 the Online Services, or the design or layout of the Online Services or individual sections of it, in any form or media. The systematic retrieval of data from the Online Services is also prohibited.

The commercial use, reproduction, transmission or distribution of any information, software or other material available through the Online Services without the prior written consent of BG is strictly prohibited.

Your Content and Conduct

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 Privacy Policy.

You agree not to submit or transmit any e-mails or materials through the Online Services 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. BG 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 terms and conditions relating to specific products or services, or as otherwise specifically agreed or required by law.

The Online Services may allow you to communicate with others through message boards and other features. When your account is used to submit, post, or add content to the services, you agree to accept sole responsibility for, and assume liability associated with, such content, including the information, statements, facts, and material contained in any form or medium. By submitting or posting content to or through the Online Services, you agree to grant, and hereby grant, BG a worldwide, royalty free, perpetual, irrevocable, non-exclusive and freely sub licensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such content anywhere, for any purpose, in any form or medium now known or hereafter developed. BG reserves the right to review, edit, refuse to post, or to remove any of your content, in whole or in part, at any time.

Termination

BG may terminate the right of any user to access the Online Services at any time, with or without cause, in BG absolute discretion and without notice. Any statement in the Legal Terms or elsewhere on the Online Services of specific grounds for termination of a user's right to access the Online Services shall in no manner limit BG absolute right to terminate any user's access to the Online Services.

Digital Millennium Copyright Act Take-Down Procedures

BG takes special precautions to respect the intellectual property of others and we ask that our users do the same. If you believe that the Online Services displays copyrighted material that infringes on your legal rights, and you want us to take down or disable the infringing materials, please provide BG copyright agent with the information listed below, which is intended to substantially conform to the requirements set forth in the Digital Millennium Copyright Act, 17 U.S.C. Section 512 (c)(3)(A).

Our Designated Agent for Notice of claims of copyright infringement on the Online Services is accessible through E-mail at: tbg@thebarbourgroup.com.  The following information must be submitted so that we may properly address any notice of complaint:

  • Identification of the copyrighted work claimed to be infringed.
  • Identification of the material claimed to be infringing together with "information reasonably sufficient to permit the service provider to locate the material." Specifically, a complete URL or URLs in the case of multiple works, must be provided.
  • Your address, telephone number, and email address.
  • A statement that the complaining party believes, in good faith, that the copyrighted material identified is being used in a manner that is not authorized by "the copyright owner, its agent, or the law."
  • A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; plus a physical or electronic signature of the complaining party.
  • Any notification that fails to comply with the provisions above may not, in our sole discretion, be considered sufficient notice and may not be deemed to confer upon BG actual knowledge of facts or circumstances from which infringing material or acts are evident.

Links

BG offers 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. BG makes no representation regarding the content or accuracy of any web site that you may access through the Online Services. BG does not monitor and is not responsible for the content found on other web sites that are linked from the Online Services. Inclusion of these links on the Online Services does not imply endorsement, recommendation or sponsorship for any linked web site or the services, products or advice described on the site. Accordingly, BG assumes 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 the Online Services without BG written permission. If you are interested in linking to the Online Services, please contact tbg@thebarbourgroup.com

No Warranties

THE ONLINE SERVICES, AND ANY CONTENT, ARE PROVIDED TO YOU ON AN "AS IS," "AS AVAILABLE" BASIS WITHOUT WARRANTY OF ANY KIND WHETHER EXPRESS, STATUTORY 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 BGEXPRESSLY DISCLAIMS. BGDOES NOT ENDORSE AND MAKES NO WARRANTY AS TO THE ACCURACY, COMPLETENESS, CURRENCY, OR RELIABILITY OF THE CONTENT, AND BGWILL NOT BE LIABLE OR OTHERWISE RESPONSIBLE FOR ANY FAILURE OR DELAY IN UPDATING THE ONLINE SERVICES OR ANY CONTENT. WE HAVE NO DUTY TO UPDATE THE CONTENT OF THE ONLINE SERVICES. BGMAKES 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 ONLINE SERVICES 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 NA. 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.

Limitation of Liability

YOUR USE OF THE CONTENT IS AT YOUR OWN RISK. BGSPECIFICALLY DISCLAIMS 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 BGHAS 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, INTERRUPTION, 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 CONNECTIONS TO THE ONLINE SERVICES OR VIRUSES, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, THEFT OR DESTRUCTION OF, OR UNAUTHORIZED ACCESS TO THE ONLINE SERVICES OR THE CONTENT. THIS LIMITATION OF LIABILITY MAY BE DIFFERENT IN CONNECTION WITH SPECIFIC PRODUCTS AND SERVICES OFFERED BY BG. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY, SO THIS LIMITATION MAY NOT APPLY TO YOU.

Indemnification

You agree to indemnify and hold harmless BG, and our subsidiaries, affiliates, directors, officers, agents, licensors, or other partners and employees, from and against all liabilities, claims and expenses, including reasonable attorneys’ fees, made by any third party due to or arising out of any content that you submit, post, or transmit to or through the Online Services, your use of the Online Services, your violation of these Legal Terms, or your violation of any rights of another.

These Legal Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by BG without restriction.