Terms of Use

Last updated: February 2019

1. Introduction

These Terms of Use ("Legal Terms") describe the terms and conditions applicable to your access of ZurichNA.com and other online and mobile services and applications that link to or post these Terms of Use, and to your use of any Zurich NA products, software, and services provided to you on, from, or through the ZurichNA.com websites (collectively, the “Online Services”). The Online Services are owned, operated and controlled by Zurich American Insurance Company ("Zurich NA", "we", "us", or "our"), a member company of Zurich in North America.

By visiting or using the Online Services, you signify your agreement to (1) these Terms of Use, and (2) Zurich NA’s Privacy Policy, found at https://www.zurichna.com/services/privacy-policy and incorporated herein by reference. 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.

Zurich NA, together with its U.S. affiliates, 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.

ARBITRATION NOTICE: EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE ARBITRATION SECTION BELOW, YOU AGREE THAT DISPUTES BETWEEN YOU AND ZURICH NA WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.

2. Geographic Limitations

The Online Services 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. Zurich NA 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. You may not be eligible for all of the insurance products and services described in the Online Services. Zurich NA 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 Zurich NA. 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 Zurich NA. Zurich NA 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 The Zurich Services Corporation.

3. Accounts

In order to access some features of the Online Services, you may have to create an account. When creating your account you must provide accurate and complete information. You are responsible for maintaining the confidentiality of your user name and password. You may not share your password with or transfer your password to any third party. You are responsible for all uses of your user name and password, and any and all related charges, whether or not authorized by you. You agree to immediately notify Zurich NA of any unauthorized use of your password or user name or any other breach of security. Until Zurich NA is properly notified of a breach of security by either e-mail notice at corporate.law@zurichna.com or written notice by U.S. mail addressed to Zurich American Insurance Company, 1299 Zurich Way, Schaumburg, Illinois, 60196-1056, Attn: Privacy Office, privacy.office@zurichna.com, Fax: 1-866-276-6913, you will remain responsible for any unauthorized use of the Online Services occurring under your user name and password. You will not violate, or assist in violating, the security of the Online Services, whether intentionally, negligently or otherwise. You will not attempt to utilize another user's account, user name, password, or persona without authorization from that user.

For purposes of identification, billing and marketing, you agree to provide Zurich NA with accurate, complete, and updated information required by registration to our service ("Registration Data"), including your legal name, address, telephone number(s), e-mail and, where required, applicable payment data (e.g., credit card number and expiration date). Zurich NA reserves the right to verify the accuracy of all Registration Data. You agree to promptly notify us of any change in your Registration Data. Failure to comply with this provision may result in immediate suspension or termination of your right to use the Online Services.

4. No Professional Advice

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. YOU SHOULD EVALUATE ALL INFORMATION, OPINIONS AND ADVICE AVAILABLE ON THE ONLINE SERVICES IN CONSULTATION WITH YOUR INSURANCE SPECIALIST, OR WITH YOUR LEGAL, TAX, FINANCIAL OR OTHER ADVISOR, AS APPROPRIATE.

5. 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 Zurich NA 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 Zurich NA.

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 Zurich NA is strictly prohibited.

6. 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, available at https://www.zurichna.com/services/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. Zurich NA 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, Zurich NA a worldwide, royalty free, perpetual, irrevocable, non-exclusive and freely sublicensable 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. Zurich NA reserves the right to review, edit, refuse to post, or to remove any of your content, in whole or in part, at any time.

7. Termination

Zurich NA may terminate the right of any user to access the Online Services at any time, with or without cause, in Zurich NA's 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 Zurich NA's absolute right to terminate any user's access to the Online Services.

8. Digital Millennium Copyright Act Take-Down Procedures

Zurich NA 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 Zurich NA's 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: corporate.law@zurichna.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 Zurich NA actual knowledge of facts or circumstances from which infringing material or acts are evident

9. Links

Zurich NA 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. Zurich NA makes no representation regarding the content or accuracy of any web site that you may access through the Online Services. Zurich NA 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, Zurich NA 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 Zurich NA's written permission. If you are interested in linking to the Online Services, please contact corporate.law@zurichna.com.

10. 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 ZURICH NA EXPRESSLY DISCLAIMS. ZURICH NA DOES NOT ENDORSE AND MAKES NO WARRANTY AS TO THE ACCURACY, COMPLETENESS, CURRENCY, OR RELIABILITY OF THE CONTENT, AND ZURICH NA WILL 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. ZURICH NA 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 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.

11. Limitation of Liability

YOUR USE OF THE CONTENT IS AT YOUR OWN RISK. ZURICH NA SPECIFICALLY 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 ZURICH NA 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, 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 ZURICH NA. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY, SO THIS LIMITATION MAY NOT APPLY TO YOU.

12. Indemnification

You agree to indemnify and hold harmless Zurich NA, 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.

13. Arbitration

Except as regarding any action seeking equitable relief, including without limitation for the purpose of protecting any Zurich NA confidential information and/or intellectual property rights, any controversy or claim arising out of or relating to these Legal Terms or the Online Services shall be settled by binding arbitration in accordance with the commercial arbitration rules, in effect at the time the proceedings begin, of the American Arbitration Association. 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 held in Chicago, Illinois USA.

All information relating to or disclosed by any party in connection with the arbitration of any disputes hereunder shall be treated by the parties, their representatives, and the arbitrator as proprietary business information. Such information shall not be disclosed by any party or their respective representatives without the prior written authorization of the party furnishing such information. Such information shall not be disclosed by the arbitrator without the prior written authorization of all parties. Each party shall bear the burden of its own counsel fees incurred in connection with any arbitration proceedings.

Judgment upon the award returned by the arbitrator may be entered in any court having jurisdiction over the parties or their assets or application of enforcement, as the case may be. Any award by the arbitrator shall be the sole and exclusive remedy of the parties. The parties hereby waive all rights to judicial review of the arbitrator's decision and any award contained therein.

You can decline this agreement to arbitrate by contacting us at corporate.law@zurichna.com or by U.S. mail addressed to Zurich American Insurance Company, 1299 Zurich Way, Schaumburg, Illinois, 60196-1056, Attn: Corporate Law Department.

14. 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 Online Services are operated by Zurich American Insurance Company on behalf of the member companies of Zurich North America, from its offices in Schaumburg, Illinois USA.

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

15. Separate Agreements

You may have other agreements with Zurich NA. 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 Zurich NA, or with any other company within the Zurich Insurance Group.

16. The subsidiaries of Zurich American Insurance Company

The information below is provided in compliance with state insurance statutes requiring disclosure of all states where an insurer is authorized to transact business, as well as information regarding the insurer's state of domicile, principal place of business and the National Association of Insurance Commissioners (NAIC) code number.

All of the following U.S. insurance companies within Zurich NA maintain their principal place of business at 1299 Zurich Way, Schaumburg, IL 60196-1056.

American Guarantee and Liability Insurance Company

4 World Trade Center, 150 Greenwich Street

New York, New York 10007-2366

NAIC Number: 26247

State of Incorporation: New York

Licensed in: All states including DC

American Zurich Insurance Company

1299 Zurich Way

Schaumburg, Illinois 60196-1056

NAIC Number: 40142

State of Incorporation: Illinois

Licensed in: All states including DC

Colonial American Casualty and Surety Company

1299 Zurich Way

Schaumburg, Illinois 60196-1056

NAIC Number: 34347

State of Incorporation: Illinois

Licensed in: All states including DC, excluding NH

Empire Fire & Marine Insurance Company

1299 Zurich Way

Schaumburg, Illinois 60196-1056

NAIC Number: 21326

State of Incorporation: Illinois

Licensed in: All states including DC, excluding OK

Empire Indemnity Insurance Company

Broadway Executive Park 9

200 NW 66th Street, Suite 965

Oklahoma City, Oklahoma 73116

NAIC Number: 21334

State of Incorporation: Oklahoma

Licensed in: OK

Fidelity and Deposit Company of Maryland

1299 Zurich Way

Schaumburg, Illinois 60196-1056

NAIC Number: 39306

State of Incorporation: Illinois

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

Hoplite Reinsurance Company of Vermont, Inc.

126 College Street, Suite 400

Burlington, Vermont 05401

NAIC Number: 15841

State of Incorporation: Vermont

Licensed in: VT

Rural Community Insurance Company

3501 Thurston Avenue

Anoka, Minnesota 55303-1060

NAIC Number: 39039

Licensed in: All states including DC

Steadfast Insurance Company

1299 Zurich Way

Schaumburg, Illinois 60196-1056

NAIC Number: 26387

State of Incorporation: Illinois

Universal Underwriters Insurance Company

1299 Zurich Way

Schaumburg, Illinois 60196-1056

NAIC Number: 41181

State of Incorporation: Illinois

Licensed in: All states including DC

Universal Underwriters of Texas Insurance Company

1299 Zurich Way

Schaumburg, Illinois 60196-1056

NAIC Number: 40843

State of Incorporation: Illinois

Licensed in: All states including DC, excluding AL, CA, FL, GA, LA, MS, NC, OH, WY

Zurich American Insurance Company

4 World Trade Center, 150 Greenwich Street

New York, New York 10007-2366

NAIC Number: 16535

State of Incorporation: New York

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

Zurich American Insurance Company of Illinois

1299 Zurich Way

Schaumburg, Illinois 60196-1056

NAIC Number: 27855

State of Incorporation: Illinois

Licensed in: All states including DC, excluding DE

17. The U.S. affiliates of Zurich American Insurance Company

Zurich American Life Insurance Company

7045 College Boulevard

Overland Park, Kansas 66211-1523

NAIC Number: 90557

State of Incorporation: Illinois

Licensed in: All states including DC, excluding NY

Zurich American Life Insurance Company’s registered home address is 1299 Zurich Way, Schaumburg, IL 60196-1056.

Zurich American Life Insurance Company of New York

4 World Trade Center, 150 Greenwich Street

New York, New York 10007-2366

NAIC Number: 14178

State of Incorporation: New York

Licensed in: NY

Zurich American Life Insurance Company of New York’s registered home address and principal place of business is 4 World Trade Center, 150 Greenwich Street, New York, New York 10007-2366, and its administrative office is at 7045 College Boulevard, Overland Park, Kansas 66211-1523.