Acceptance
of Terms
This
Web Site provides users with access to an online collection of information and
materials. These materials may
include insurance applications and policy forms and other information related
to certain insurance products and services ("Products and Services") offered by
providers of insurance and insurance-related services operating within ACE USA.
The Web Site also contains text, pictures, graphics, logos, button
items, images, works of authorship, and other content (collectively,
"Content"), and may provide access to certain proprietary software used in
connection with navigating and utilizing the functionality offered through this
Web Site ("Software").
This Web Site is intended for use only by users who are at least 18 years of
age and who reside in the United States.
PLEASE
NOTE:
Your access to and use of this Web Site are subject to the following
Terms of Use, as well as all applicable laws and regulations.
Please read these terms carefully.
If you do not accept and agree to be bound by any of these terms or conditions
you are not authorized to access or otherwise use this Web Site or any
information, content, Services or Software contained on this Web Site.
Your access to and use of this Web Site constitute your acceptance of
and agreement to abide by each of these terms and conditions set forth below.
These Terms of Use may be changed, modified, supplemented or updated by the
Owner from time to time without advance notice.
Unless otherwise indicated, any new Products and Services, Content and
Software added to this Web Site will also be subject to these Terms of Use
effective upon the date of any such addition.
You are encouraged to review the Web site periodically for updates and changes.
Limited
License and Site Access
– The Owner hereby grants you a limited license to access and make personal use
of this site but not to download (other than page caching) or modify it, or any
portion of it, except with express written consent of the Owner. This license
does not include any resale or commercial use of this site or its contents; any
collection and use of any product listings, descriptions, or prices; any
derivative use of this site or its contents; or any use of data mining, robots,
or similar data gathering and extraction tools. This site or any portion of
this site may not be reproduced, duplicated, copied, sold, resold, visited, or
otherwise exploited for any commercial purpose without the express written
consent of the Owner. You may not frame or utilize framing techniques to
enclose any trademark, logo, or other proprietary information (including
images, text, page layout, or form) of the Owner or its affiliates without
their express written consent. You may not use any meta-tags or any other
"hidden text" utilizing any of the ACE USA name(s) or service marks without the
express written consent of their owners. Any unauthorized use terminates the
permission or license granted by the Owner.
Availability
of Products and Services –
Due to various insurance and other regulatory restrictions, certain Products
and Services described on this Web Site may not be available to all users.
Products
and
Services may vary by jurisdiction and may not be offered by all of the ACE USA
companies, nor are all Products and Services suitable for all insureds or
available in all United States jurisdictions.
EXCEPT
AS EXPRESSLY STATED HEREIN, THE INFORMATION CONTAINED ON THIS WEB SITE IS NOT
AN OFFER TO SELL OR A SOLICITATION TO BUY ANY SECURITY, INSURANCE PRODUCT, OR
OTHER PRODUCT OR SERVICE BY ACE USA MEMBER COMPANIES. No security, insurance
product or other product or service is offered or will be sold by ACE USA
member companies or, if sold by ACE USA member companies, will be effective in
any jurisdiction in which such offer or solicitation, purchase or sale would be
unlawful under the securities, insurance or other laws of such jurisdiction.
Whenever
particular
Product and Service availability is
not specifically designated on this Web Site, please contact a designated ACE
USA representative or your broker
to find out which Products and Services are available to you in your State.
This
Web Site may provide certain summary descriptions or other helpful information
regarding Products and
Services.
ACE USA and its member companies attempt to be as
accurate as possible; however, any such materials are intended to
generally describe the Products and Services and are subject in all respects to
the specific terms and conditions of the actual policy or product/service
agreement to which they refer. Complete policy terms are available upon
request.
Surplus
Lines Products –
Certain Products described in this Web Site may be underwritten by one of the
ACE Group of U.S-based surplus lines insurers.
Any such Products will be clearly designated as such, and will be sold
on a surplus lines basis only, which means that they are available only through
properly licensed excess and surplus lines brokers and in accordance with
applicable surplus lines laws. In keeping with regulatory restrictions
affecting surplus lines products, any information regarding such Products
provided in non-password protected sections of this portion of the Web Site
constitutes neither a solicitation to purchase nor an offer to sell insurance
products and services, but is for general information purposes only and should
not be considered an offer to sell or a solicitation to the general public.
Only properly licensed surplus lines insurance professionals
are authorized to access the password protected sections of this Web Site
relating to such Products, which may not be available in all states. Inquiries
should be directed to your local licensed surplus lines insurance broker.
Password
Accounts, Passwords, and Security
– If you have been given the option to open an account on this Web Site which
will provide you with access to the password protected portions of the site and
you elect to do so, you must complete the registration process by providing us
with current, complete and accurate information as prompted by the applicable
registration form, and choose a password and user name. You are entirely
responsible for maintaining the confidentiality of your password and account
and for any and all activities that occur under your account. You agree to (a)
immediately notify the Owner of any unauthorized use of your account or any
other breach of security of which you become aware, and (b) exit completely
from your account at the end of each online session. The Owner 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. However, you could
be held liable for losses incurred by the Owner or another party due to someone
else using your account or password. You may not use anyone else's account at
any time, without the permission of the account holder.
Information
Submitted by You
– You warrant and represent that any information you enter on this Web Site is
true and correct, and that you have exercised your best efforts in verifying
the accuracy of the information. You
acknowledge that the information entered into any on-line application is
material to any decision by the underwriting company to issue a policy, and
that any decision to issue a policy would be made in reliance upon the
sufficiency and accuracy of the information entered into the application.
Copyright
- Except as otherwise expressly
stated, all Content and Software appearing on this Web Site are the copyrighted
work of ACE USA member companies or their affiliates or third party content
suppliers and are protected by U.S. and international copyright laws.
The compilation (meaning the collection, arrangement and assembly) of
all Content and Software is also the exclusive property of ACE USA member
companies or their affiliates and is protected by U.S. and international
copyright laws.
You
may download information from this Web Site and print out a hard copy for your
personal use provided that you keep intact and do not remove or alter any
copyright or other notice (e.g., trademark, patent, etc.) contained in the
information. Except as otherwise
expressly stated herein,
you may not alter, modify,
copy, distribute (for compensation or otherwise), transmit, display, perform,
reproduce, reuse, post, publish, license, frame, download, store for subsequent
use, create derivative works from, transfer, or sell any information or Content
obtained from this Web Site, in whole or in part, including any text, images,
audio, and video in any manner, without the prior written authorization of the
Owner or any applicable third party suppliers. The use of Content, including
images, by you, or anyone else authorized by you, is prohibited unless
specifically permitted by the Owner. Any unauthorized use of
text
or
images may violate copyright
laws, trademark laws, the laws of privacy and publicity, and
applicable
regulations and statutes. Neither the Owner nor its affiliates warrant or
represent that your use of Content,
Services, Software or any other
materials displayed on this Web Site will not infringe rights of third parties.
Trademarks
and Service Marks –
Certain identifiers used on
this Web Site, including "ACE USA" and "ACE INA," are registered service marks
of ACE Limited or one of its subsidiaries.
The domain name for this Web Site, all ACE Group logos, and all page headers,
custom graphics, and button icons are service marks, trademarks,
logos,
trade dress or are otherwise
the intellectual property of ACE USA member companies or their affiliates.
All trademarks,
service marks, trade dress,
product names, company names or logos on the Web Site which are not owned by
the ACE Group are the property of their respective owners, whether registered
or not. In addition to complying
with all applicable laws, you agree that you will not use any such trademarks,
service marks, trade dress, or other logos from this Web Site without the prior
written authorization of
their respective owners.
Ownership
of information submitted via this Web Site
– With the exception of any personal data
or information you submit (which shall be maintained in accordance with our
Privacy Statement
), any information you transmit to ACE USA via this Web Site, whether by direct
entry, submission, electronic mail or otherwise, including data, questions,
comments, or suggestions, will be treated as non-confidential and
non-proprietary and will become the property of the Owner. Such information may
be used for any purpose, including but not limited to reproduction,
solicitations, disclosure, transmission, publication, broadcast, and posting.
ACE USA shall be free to use any ideas, concepts, know-how, or techniques
contained in any communication you send to the Owner via this Web Site or by
any other means for any purpose whatsoever, including, but not limited to,
developing and marketing products using such information.
Proprietary
Software –
Any Software accessible through this Web Site is the
property of
the Owner or its suppliers and is protected by U.S.
patent and copyright laws and international treaties.
Any use of the Software by you other than as required to navigate and to
utilize the intended functionality offered through this Web Site is prohibited.
You agree not to copy, distribute, publicly display, alter, modify,
decompile, disassemble, reverse engineer or otherwise attempt to discover the
source code of the Software. Further,
you agree not to access the Services or Content by any means other than the
interface provided by the Owner through this Web Site for your use in accessing
the Services and Content.
The
Software provided on this Web Site is owned by or licensed to the Owner, and
may contain technology that is subject to strict controls pursuant to export
control laws and regulations of the United States of America and other
countries and jurisdictions. You shall not copy, transfer or export such
software in violation of such applicable export laws and regulations. The Owner
does not authorize the downloading or exportation of any software or technical
data from this Web Site to any jurisdiction prohibited by such export controls
laws and regulations.
Connection
Requirements –
You are responsible for providing and maintaining, at your own risk, option and
expense, any hardware, software and communication lines required to access and
use this Web Site, and the Owner reserves the right to change the access
configuration of this Web Site at any time without prior notice.
Prohibited
Use –
Any use or attempted use of this Web Site (1) for any unlawful, unauthorized,
fraudulent or malicious purpose, or (2) that could damage, disable, overburden,
or impair any server, or the network(s) connected to any server, or (3)
interfere with any other party's use and enjoyment of the Web Site, or (4) to
gain unauthorized access to any other accounts, computer systems or networks
connected to any server or systems through hacking, password mining or any
other means,
or (5) to access systems, data or information not intended by the Owner to be
made accessible to a user, or (6) attempt to obtain any materials or
information through any means not intentionally made available by the Owner, or
(7) any use other than the business purpose for which it was intended, is
prohibited.
In
connection with your use of the Site, you agree you will
not:
a)
Upload or transmit any message, information, data, text, software or images, or
other content ("Material") that is unlawful, harmful, threatening, abusive,
harassing, tortious, defamatory, vulgar, obscene, libelous, or otherwise
objectionable, or that may invade another's right of privacy or publicity;
b)
Create a false identity for the purpose of
misleading others or impersonate any person or entity,
including but not limited to any ACE USA representative, or falsely state or
otherwise misrepresent your affiliation with a person or entity;
c)
Upload or transmit any Material that you do not have a right to reproduce,
display or transmit under any law or under contractual or fiduciary
relationships (such as nondisclosure agreements);
d)
Upload files that contain viruses, trojan
horses, worms, time bombs, cancel-bots, corrupted files, or any other similar
software or programs that may damage the operation of another's computer or
property of another;
e)
Delete any author attributions, legal notices or proprietary designations or
labels that you upload to any communication feature;
f)
Use the Site's communication features in a manner that adversely affects the
availability of its resources to other users (e.g., excessive shouting, use of
all caps, or flooding continuous posting of repetitive text);
g)
Upload or transmit any unsolicited advertising, promotional materials, "junk
mail," "spam," "chain letters," "pyramid schemes" or any other form of
solicitation, commercial or otherwise;
h)
Violate any applicable local, state, national or international law;
i)
Upload or transmit any Material that infringes any patent, trademark, service
mark, trade secret, copyright or other proprietary rights of any party;
j)
Delete or revise any Material posted by any other person or entity;
k)
Manipulate or otherwise display the Site by using framing,
mirroring or similar navigational technology or
directly link to any portion of the Web Site other than the main
homepage
in accordance with the Limited License and Site Access outlined above;
or
l)
Register, subscribe, attempt to register, attempt to subscribe, unsubscribe, or
attempt to unsubscribe, any party for any Product or Service if you are not
expressly authorized by such party to do so; or
m)
Harvest or otherwise collect information about others, including e-mail
addresses.
The
Owner reserves the right to take whatever lawful actions it may deem
appropriate in response to actual or suspected violations of the foregoing,
including but not limited to the suspension or termination of the user's
access and/or account. The
Owner may cooperate with legal authorities and/or third parties in the
investigation of any suspected or alleged crime or civil wrong.
Except as may be expressly limited by the Privacy
Statement, the Owner reserves the right at all times to disclose any
information as the Owner 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 the Owner's
sole discretion.
Right
to Monitor –
The
Owner
is not obligated to actively monitor the general use of this Web Site or to
exercise editorial control over the content of any third party's web site,
electronic mail transmission, news group, or other material created or
accessible over or through this Web Site.
However, the Owner
does reserve the right to monitor such use at any time as it deems appropriate
and to remove any materials that, in the Owner's sole discretion, may be
illegal, may subject the Owner
to liability, may violate this Terms of Use Agreement, or are, in the sole
discretion of the Owner, inconsistent with the Owner's purpose for this Web
Site.
Hyperlinks
to Third Party Web sites –
This Web Site may contain hyperlinks to other sites owned and operated by
parties other than the Owner. Such hyperlinks are provided only for ready
reference and ease of use. We do
not control such web sites and cannot be held responsible for their content or
accuracy and do not endorse these sites unless we specifically so state. In the
event this Web Site provides
hyperlinks to other web
sites that are not owned, operated or maintained by the Owner
or its affiliates, you acknowledge and agree that the Owner
is not responsible for and is not liable for the content, products, services or
other materials on or available from such web sites.
We accept no liability for any information, products,
advertisements, content,
services
or software
accessible through these third party web sites or for any action you may take
as a result of linking to any such web site.
Any such web sites are likely to set forth specific terms of use and privacy
policies that you should review. The
Owner
is
under no obligation to maintain any link on this Web Site and may remove a link
at any time in its sole discretion for any reason whatsoever. Neither the Owner
nor its affiliates shall be responsible or liable, directly or indirectly, for
any damages or losses caused or alleged to be caused by or in connection with
the use of or reliance on such content, products, services or other materials
available on or through any such
web site.
Your
correspondence
and business dealings with
any third party advertisers found on or through this Web Site are solely
between you and such advertiser. You
agree that neither the Owner nor its affiliates shall be responsible or liable
for any loss or damage of any sort incurred as the result of any such
correspondence
or dealings or as the
result of the presence of such advertisers on the Web Site.
We encourage you to exercise discretion while
selecting any third-party products and services which may be advertised on or
via this Web Site.
No
ACE USA Editorial Control of Third Party Content; No Statement as to Accuracy
–
To the extent that any of the Content included in the Web Site is provided by
third party content providers, ACE USA has no editorial control or
responsibility over such Content. Therefore,
any opinions, statements, services or other information expressed or made
available by third party suppliers on this Web Site are those of such third
party suppliers. The Owner does
not represent or endorse the accuracy or reliability of any opinion, statement
or other information provided by any third party, or represent or warrant that
your use of the Content displayed on this Web Site or referenced content or
service providers will not infringe rights of third parties not owned by or
affiliated with ACE USA member companies.
Privacy
Statement –
Our Privacy Statement describes ACE USA's
collection, use and protection of nonpublic personal information ("customer
information") and will help you understand how we secure and treat customer
information that we obtain. Your
submission of any such information to the Owner in connection with this Web
Site constitutes your consent to the uses and disclosures of data and
information by the Owner
or its affiliates that are consistent with the Privacy Statement.
Some
information is collected automatically when you visit the Web Site because your
IP address needs to be recognized by the server. We may use the IP address
information to monitor and analyze how parts of the Web Site are used.
Use of Cookies
– A cookie is a piece of information which a web server may place on your
computer when you visit a web site. Cookies are commonly used by web sites to
improve the user experience and have not been known to transmit computer
viruses or otherwise harm your computer. Many cookies last only through a
single web site session, or visit. Others may have an expiration date, or may
remain on your computer until you delete them.
We
may use cookies for a number of purposes – for example, to maintain continuity
during a user session, to gather data about the usage of our Web Site for
research and other purposes, to store your preferences for certain kinds of
information and marketing offers, or to store a user name or encrypted
identification number so that you do not have to provide this information every
time you return to our Web Site.
Our
cookies will track only your activity relating to your online activity on this
Web Site, and will not track your other Internet activity.
Our cookies do not gather personally identifiable information.
You
can decide if and how your computer will accept a cookie by configuring your
preferences or options in your browser. However, if you choose to reject
cookies, you may not be able to use certain of our online Products and Services
or Web Site features.
We
may occasionally use other companies to set cookies on our Web Site and gather
cookie information for us. In some cases we may also use another company to
operate web servers for our Web Site. We use the cookie information gathered by
these companies in the same manner as stated above.
The companies we use are not permitted to use these cookies
for their own internal purposes or share the information gathered with anyone
other than ACE USA.
In
addition to the information we may collect from cookies, we may also obtain
information which you provide to us online – for example, when you use any
tools or calculators provided on the Web Site or when you submit an application
or otherwise communicate with us. In some cases, we retain both the cookie
information and/or the information you provide to us online – for example, to
complete a transaction you requested or to keep historical records of your past
transactions. In other cases – for example, when you use our tools and
calculators – we only retain the cookie and/or online information you give us
if you request us to do so for your use in subsequent sessions.
Modification
to Services
–
The Owner
may, at its discretion, modify or discontinue any of the Products and Services,
Content or Software, or any portion thereof, with or without notice.
Neither
the Owner
nor its affiliates will be liable to you or any third party for any
modification or discontinuance of any of the Products and Services, Content or
Software.
Disclaimer
–
Information contained on this Web Site has been prepared by
the Owner
as a convenience to its users and is not intended to constitute advice or
recommendations upon which a user may rely.
The Owner
has used reasonable efforts in collecting, preparing and providing quality
information and material, but makes no warranty or guarantee about the
accuracy, completeness, or adequacy of the information contained in or linked
to this Web Site or any other Web Site maintained by
the Owner.
Users relying on information from this Web Site do so at their own risk.
The
information and
descriptions contained herein are not intended to be complete descriptions of
the terms, exclusions and conditions applicable to the Products and
Services, but are provided
solely for general informational purposes; please refer to the actual policy or
the relevant product or services agreement for complete terms, exclusions and
conditions. Should you purchase an ACE USA product from ACE USA or a
third party, the terms and conditions applicable to that transaction will
govern such purchase, and your use of this Web Site does not affect that
purchase in any manner.
This
Web Site
may provide you with planning and educational tools, including calculators.
Such tools and calculators may allow you to model certain "what-if"
scenarios related to specific Products or Services, the results of which are
intended to be purely illustrative and based on the information and assumptions
identified. There is no guarantee
that the results shown are necessarily accurate or will be achieved.
YOUR
USE OF THIS WEB SITE IS AT YOUR SOLE RISK.
ALL CONTENT AND SOFTWARE ARE PROVIDED ON AN "AS IS" OR "AS AVAILABLE" BASIS,
AND THE OWNER EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND
WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
THE OWNER MAKES NO WARRANTY THAT THE CONTENT AND SOFTWARE ARE ACCURATE,
TIMELY, UNINTERRUPTED,
VIRUS-FREE OR ERROR-FREE,
OR THAT ANY SUCH PROBLEMS WILL BE CORRECTED.
Limitation
of Liability
YOU
UNDERSTAND AND AGREE THAT THE OWNER WILL NOT BE LIABLE FOR ANY DIRECT,
INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING,
BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PRODUCTS, USE, DATA OR OTHER INTANGIBLE
LOSSES, EVEN IF THE OWNER HAS BEEN ADVISED OF THE POSSIBILITIES OF THOSE
DAMAGES, RESULTING FROM YOUR USE OR INABILITY TO USE THE WEB SITE, SERVICES,
CONTENT OR SOFTWARE, THE COST OF OBTAINING SUBSTITUTE PRODUCTS AND SERVICES
RESULTING FROM ANY LOSS OF DATA, INFORMATION, PRODUCTS OR SERVICES OBTAINED
FROM PURCHASES OR TRANSACTIONS ENTERED INTO THROUGH THE WEB SITE, OR STATEMENT
OR CONDUCT OF ANY THIRD PARTY, OR ANY OTHER MATTER RELATED TO THE
WEB SITE, SERVICES,
CONTENT OR SOFTWARE. YOU
UNDERSTAND AND AGREE THAT YOUR USE OF THE WEB SITE IS PREDICATED UPON YOUR
WAIVER OF ANY RIGHT TO SUE THE OWNER OR ITS AFFILIATES DIRECTLY OR TO
PARTICIPATE IN A CLASS ACTION SUIT FOR ANY LOSSES OR DAMAGES RESULTING FROM
YOUR USE OF THE WEB SITE.
Some
jurisdictions do not permit the exclusion of certain warranties or the
limitation or exclusion of liability for incidental or consequential damages,
therefore, some of the limitations above may not apply to you.
CERTAIN
STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR
LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE
ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU
MIGHT HAVE ADDITIONAL RIGHTS.
Notices
–
Any
notices to you from
the Owner regarding the Web Site or these Terms of Use
will be posted on this Web Site or made by e-mail or regular mail.
ELECTRONIC
COMMUNICATIONS
When
you visit this Web Site or send e-mails to us, you are communicating with us
electronically. You consent to receive communications from us electronically.
We will communicate with you by e-mail or by posting notices on this site. 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.
Safe
Harbor Statement
–
This Site may from time to time contain financial information relating to one
or more of the ACE Group, possibly including forward-looking statements within
the meaning of The Private Securities Litigation Reform Act of 1995.
That Act provides a statutory "safe harbor" for forward-looking
statements. Any written or oral statements made by or on behalf of ACE Limited
or any of its subsidiaries or operating divisions reflect current views with
respect to future events and financial performance. These forward-looking
statements are subject to uncertainties and inherent risks that could cause
actual results to differ materially from those contained in any forward-looking
statement.
For
information specifically relating to the financial condition of ACE Limited,
the holding company for the ACE Group, please refer to ACE Limited's
filings with the Securities and Exchange Commission, including the most recent
Forms 10-K,
and 10-Q,
and
any Forms 8-K since the most recent Form 10-K, for further information on such
uncertainties and inherent risks and the "safe harbor" under the Private
Securities Litigation Reform Act of 1995.
General
Provisions
Entire
Agreement –
This Terms of Use Agreement, the Privacy Statement, and other policies the
Owner may post on this Web Site constitute the entire agreement between the
Owner and you in connection with your use of this Web Site and the Content,
Services and Software, and supercedes any prior agreements between the Owner
and you regarding use of this Web Site, including prior versions of the Terms
of Use Agreement. The Owner may
update this Terms of Use Agreement from time to time by posting revised Terms
of Use on this Web Site, without notice to you, and your subsequent use of the
Web Site indicates your acceptance of and is governed by those new Terms of
Use. The Terms of Use is effective
until terminated or updated by the Owner, at any time without notice.
In the event of termination, the disclaimers and limitations of
liabilities set forth in the Terms of Use Agreement will survive.
The Terms of Use will be deemed to include all other notices, policies,
disclaimers and other terms contained in this Web Site; provided, however, that
in the event of a conflict between such other terms and the terms of these
Terms of Use, these Terms of Use will control.
Third
Party Purchases Governed by Separate Agreement
–
The terms and conditions governing your purchase of any goods or services from
any third party companies or financial institutions represented in this Web
Site shall be governed by a separate agreement duly executed between you and
the supplier of such goods or Services, including ACE USA, as applicable.
Age
and Location of User – All
information and content available on this Web Site are solely directed to
individuals 18 years of age or older residing in the United States.
The Owner makes no representation that the Content, information,
products, Services or Software are available for use outside of the United
States. Any use of the Services,
Content and Software is prohibited where they are not allowed by law.
This
Web Site Contains a Binding Arbitration Provision Which May Be Enforced
By The Parties
Dispute
Resolution
–
Any controversy or claim arising out of or relating to this Terms of Use
Agreement or use of this Web Site shall be settled by binding arbitration in
accordance with the commercial arbitration rules of the American Arbitration
Association,
except that, to the extent you have in any manner violated or threatened to
violate the Owner’s or any member of the ACE Group's intellectual property
rights, the Owner may seek injunctive or other appropriate relief in any state
or federal court in the Commonwealth of Pennsylvania, and you consent to
exclusive jurisdiction and venue in such courts.
Any such controversy or claim
shall be arbitrated on an individual basis, and shall not be consolidated in
any arbitration with any claim or controversy of any other party. The
arbitration shall be conducted in Philadelphia, Pennsylvania, and claims
regarding the judgment of the arbitrator (including entry of judgment on the
arbitration award) may be brought and shall be subject to the exclusive
jurisdiction of the State and federal courts located in Philadelphia,
Pennsylvania, and you waive any jurisdictional, venue, or inconvenient forum
objections to such courts. Either
you or the Owner may seek any interim or preliminary relief from a State or
federal court of competent jurisdiction in Philadelphia, Pennsylvania, as may
be necessary to protect the rights or property of you or the Owner pending the
completion of arbitration. You agree that any action to enforce this
arbitration provision will be brought in the federal or state courts located in
Philadelphia, Pennsylvania.
Governing Law; Jurisdiction; Venue; Severability of
Provisions
–
The Terms of Use are governed by the laws of the Commonwealth of Pennsylvania,
USA and controlling United States Federal Law without regard to any conflicts
of law provisions. If any
provision is deemed by a court of competent jurisdiction to be unlawful or
unenforceable, it will not affect the validity and enforceability of the
remaining provisions. The section
headings are for convenience only and do not have any force or effect.