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USAU Broker Web Site – Legal and Privacy Statement

By using this site, you agree at all times during your use of this site to abide by these terms of use and any additions or amendments to these terms. Please read the terms of use carefully. United States Aviation Underwriters, Inc. reserves the right at its sole and absolute discretion, to change, modify, add, or remove portions of these terms at any time. In addition, when using this site or a service of this site, you will be subject to any posted guidelines, rules or policies for the service. Those guidelines, rules and policies, whether now existing or adopted in the future, are incorporated by reference into these terms of use.

PROPRIETARY RIGHTS

United States Aviation Underwriters, Inc. (hereinafter referred to as USAU or sometimes “us” or “we”), maintains this Internet site as a service to the Internet community and for the benefit of its registered broker customers. The design of this site, and information contained within are the property of USAU and protected by copyright, trademark and other intellectual property and proprietary rights. The selection, arrangement and design of the entire contents of this Internet site, as well as the original contents herein, are the property of USAU. USAIG UNITED STATES AVIATION UNDERWRITERS, INC. and Design®, and USAIG UNITED STATES AIRCRAFT INSURANCE GROUP ®. are registered service marks of USAU and General Re®, the light icon, Gen Re™, General ReSearch®, and the names of other General Re companies and services referenced herein are either service marks or registered service marks of General Re Corporation. Other product and company names mentioned herein might be the trademarks or service marks of their respective owners.

This site may be viewed and its contents downloaded by you for your own personal non-commercial use or your companies’ internal use. You must keep intact all copyright and other proprietary notices. The site and its contents may not be displayed, modified, transmitted, reproduced, copied, licensed, sold, broadcast, published, re-published or distributed in whole or in part in any manner without the prior written consent of USAU or General Re Corporation.

COPYRIGHT COMPLAINTS

USAU respects the intellectual property of others, and we ask our users and visitors to do the same. USAU may, in appropriate circumstances and at its discretion, terminate access to a user or visitor who infringes the intellectual property rights of others. If you believe that your work has been copied and is accessible on the USAU site in a way that constitutes copyright infringement, contact USAU by providing its Copyright Agent with the following information:

  1. a description of the copyrighted work that you claim has been infringed;
  2. a description of where the material that you claim is infringing is located on the USAU site;
  3. your address, telephone number, and email address;
  4. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
  5. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
  6. a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf

USAU’s Copyright Agent for Notice of claims of copyright infringement on this site is:

Joan Mirabile
125 Broad Street
New York, New York 10004
Telephone – 212-859-3910
Email – Joan.Mirabile@USAIG.COM

DISCLAIMER

This site has been established for the benefit of USAU and its registered broker customers. As a registered customer, you may also have the ability to receive personalized mail, and to perform certain functions related to your brokerage accounts with USAU such as account clearing, blocking and binding, processing subsequent account activity, managing work flow, and reviewing premium statements and account policy experience reports.

USAU disclaims any and all liability for any delay and/or failure in receiving personalized mail and in your ability to perform account functions, to manage work flow and to review premium statements and account policy experience reports.

USAU does not undertake to respond to any electronic mail, to any account bids or to requests from visitors who are not customers of USAU. There is no promise or undertaking by USAU that it will provide or continue to provide any of the account functions for users of this site. By using this site, you acknowledge that it has been provided for the convenience of USAU.

USAU EXPLICITLY DISCLAIMS RESPONSIBILITY FOR ANY FAILURE OF ANY TRANSMISSION TO REACH ITS INTENDED RECIPIENT OR FROM ANY RESULT OF SUCH FAILURE. USAU also notifies users that it may not inform the customer visitor of the results of the attempted transmission or failure thereof through the Internet site. USAU may discontinue the account clearing, blocking, quoting and binding feature in its sole and absolute discretion.

We will use reasonable efforts to include accurate, reliable and up-to-date information, but we make no warranties or representations as to the truth, accuracy, reliability, usefulness, and timeliness of the data on the site, including but not limited to the USAU broker premium statements and account policy experience statements. WE SHALL NOT BE LIABLE FOR DAMAGES OF ANY KIND RELATED TO OR ARISING OUT OF: (1) YOUR ACCESS OR INABILITY TO ACCESS OR YOUR USE OR YOUR INABILITY TO USE BROKER.USAU. COM OR OTHER SITES OWNED OR CONTROLLED BY USAU; (2) YOUR RELIANCE ON THE INFORMATION PROVIDED IN ANY USAU SITE OR SERVICE; OR (3) FOR THE LOSS CORRUPTION, OR MISDIRECTION OF ANY DATA OR INFORMATION THAT YOU PROVIDE TO US.

We have designed the site to work optimally with Microsoft Internet Explorer 5.0 and above. Certain sections of the site may not be viewable with older model browsers

WE ALSO DISCLAIM ALL LIABILITY FOR ANY COMPUTER VIRUSES OR OTHER DISABLING COMPUTER CODE THAT MAY BE LOADED INTO USER’S COMPUTERS WHEN THEY DOWNLOAD DOCUMENTS FROM THIS WEB SITE. Users of this site are strongly advised to obtain and use appropriate anti-virus and security software.

If you submit material to this site, by doing so, you warrant that to the best of your knowledge and belief the information contained therein is truthful, does not violate the rights or property interests of others, and is not unlawful, threatening, defamatory, vulgar, obscene or otherwise objectionable. You declare that we may use and reproduce the material submitted for any purpose and grant us a non-exclusive, perpetual royalty-free license to such material. As a condition of submitting materials, you agree to waive any “moral rights” (droit moral) or other rights of authorship which may accrue or have accrued to you under any laws of any jurisdiction. We reserve the right to investigate complaints that visitors may make about the content on the site. We reserve the right to remove any content from the site, in our sole and absolute discretion at any time and to terminate the privilege of any visitor to participate in any USAU services if violate any terms of use.

By continuing to access this web site, and by submitting material to us, you agree that you shall have no recourse against USAU for any alleged or actual infringement or misappropriation of any proprietary rights in your communication to us. By submitting material to USAU, you acknowledge that other persons, including our employees, may have submitted to us, to others, or made public or may hereafter originate, submit, or make public similar or identical material that we may the right to use. By submitting material, you hereby confirm your understanding that you will not be entitled to any compensation or other remuneration because of our use or disclosure of such other similar or identical material. You hereby acknowledge that no fiduciary or confidential relationship exists between you and us, either now or by reason of your submitting any information to us, unless we have made and executed a separate written agreement to the contrary.

This agreement does not create a confidential relationship between you and us. We shall have no liability whatsoever for the results of submissions to this site or by means of this site.

We reserve the right at all times and in our sole discretion to change the products and services referred to in broker.usau.com.

PRIVACY

We at USAU understand that web enabled customers are concerned about the privacy of information. We have established policies and procedures concerning the collection, use and security of information that will help protect the privacy of registered customer users. Our information privacy standards are designed to help us serve our customers while maintaining our own strict security standards, and are intended to comply with the data protection laws of the various countries where we do business.

We will collect only the personal information from customers, including their addresses, from material and bids that the customers’ voluntarily submit and based on their usage of this site. This information is collected in order to enable USAU to better identify and serve its customers and to respond better to their needs. We will not intentionally disclose the details about customer users or any of their business information to anybody outside USAU and its parent and affiliates without the user’s express permission, unless disclosure is required by law, or is in compliance with legal process, or if necessary to protect our rights or our business reputation or to act in an emergency situation to protect personal safety or to prevent harm to persons or property

We will collect information about the Internet Service Providers and the Browsers that visitors use to visit broker.usau.com and we will use this aggregated information statistically to serve our customers better. This site does serve cookies. A cookie is a small file that is created to help visitors navigate about a site, and is useful to track the traffic to and at a site and to personalize the site. You may refuse the cookies but certain services on a site may not then function properly.

We also collect and store certain information in order to answer your email, respond to your bids and to quote and bind your risks and to measure the overall interest of our customers to the various sections of this site.

Our website does not respond to Do Not Track signals.

SECURITY

We cannot provide any assurance of privacy over a network that is not a secure network or over a network that we do not control. The Internet is not a secure network and, aside from our own servers, not within our control. However, broker.usau.com will collect and store personal details using the Secure Socket Layer (SSL) protocol, a secure server and security protocol to help safeguard the information you provide while interacting with you on certain pages within the site. This encrypts your information so a third party cannot easily read the information while in transit.

Electronic Messages and E-Mail Security – Messages traveling through the Internet using your Internet provider’s e-mail process are subject to viewing, alteration and copying. We are not responsible for the security or confidentiality of communications you send to broker.usau.com through the Internet using the e-mail process.

TERMINATION

These terms of use are effective until terminated by either party as follows: (1) you may terminate by discontinuing use of this site and destroying any materials obtained from this site; and (2) USAU may terminate this agreement at any time without notice, and remove and discard the site or any content within the site, for any reason, including, without limitation, for lack of use, or if USAU believes in its sole discretion that you have violated or acted inconsistently with the letter or spirit of the terms of use. USAU may also discontinue providing this site and service at any time, with or without notice.

LIMTATION OF LIABILITY

YOU EXPRESSLY UNDERSTAND THAT UNDER NO CIRCUMSTANCES SHALL USAU, ITS PARENT COMPANY, OR ANY OF ITS PARENT’S SUBSIDIARY COMPANIES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS IN THIS SITE, EVEN IF USAU OR A USAU AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS INCLUDES ANY STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE.

SINCE SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. HOWEVER, IN NO EVENT SHALL USAU’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION EXCEED ONE HUNDRED DOLLARS U.S.

INTERPRETATION

The terms and conditions of use in this statement are intended as guidelines and are not meant to be exhaustive. Generally, conduct that violates law, regulation, or the accepted norms of the Internet community, whether or not expressly mentioned in this statement, is prohibited. USAU reserves the right at all times to prohibit activities that damage its commercial reputation and goodwill or the commercial reputation and good will of its vendors and customers. We may modify the terms and conditions of this statement at any time and we may add or delete any provision at any time without notice. We may take whatever action we deem appropriate, including (among other things) investigating allegations of improper activities, making reports to law enforcement authorities or suspending or terminating service to you, if we believe that there has been a violation of the terms and conditions of this statement or a breach of our agreement with you.

CHOICE OF LAW AND JURISDICTION

These terms of use will be governed by and construed in accordance with the laws of the State of Connecticut, without giving effect to any principles of conflicts of law. You agree that any action at law or in equity arising out of or relating to these terms shall be filed only in the state or U.S. federal courts located in Connecticut and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. If any provision of these terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions.

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