WEBSITE TERMS AND CONDITIONS OF USE
THIS IS A LEGALLY BINDING AGREEMENT BETWEEN YOU AND STRATEGIC UNDERWRITING MANAGERS INC. AND ITS AFFILIATED AND SUBSIDIARY COMPANIES (SUM). YOU MUST READ THIS AGREEMENT CAREFULLY BEFORE USING THIS WEBSITE. BY ACCESSING, BROWSING, SUBSCRIBING TO OR OTHERWISE USING THIS WEBSITE, YOU AGREE TO COMPLY WITH THE TERMS AND CONDITIONS IN THIS AGREEMENT, AS AMENDED FROM TIME TO TIME. IF YOU DO NOT AGREE, YOU MAY NOT USE THIS WEBSITE.
The content contained in this website is for the information of website visitors only and is not an offer to sell, or solicitation to purchase, any insurance product or service. All insurance terms of any product or service are governed by specific underwritten insurance policies.
The information presented on this website is intended to describe aspects of the business of SUM and its operating subsidiaries generally and is not intended to be a complete description. Potential insureds should not rely on specific information on this website. Complete information regarding the terms and details of our coverage may be obtained by contacting us. The information presented on this website should not be construed as legal, tax, business, financial or accounting advice.
The description of each insurance policy herein is a summary only, and does not include all terms, conditions and exclusions of the policy described. Please refer to the actual policy for complete details of coverage and exclusions. Not all insurance coverages or products are available in all provinces and policy terms may vary based upon individual provincial requirements. Issuance of coverage is subject to underwriting and coverage depends upon the actual facts of each case and the terms, conditions and exclusions of each individual policy. No representation is made that any specific insurance coverage would apply in the circumstances outlined herein. Anyone interested in any product described on this website should request a copy of the policy itself for a description of the scope and limitations of coverage.
SUM has no responsibility or liability to you in connection with third party websites accessible by links posted on this website (Linked Sites). Access to Linked Sites is at your own risk and SUM is not responsible for the availability, accuracy or reliability of the contents of any Linked Website or any link posted on a Linked Website. SUM provides links to you only as a convenience, and the inclusion of a link does not imply endorsement of the Linked Website or any products, services, materials or statements contained or referred to thereon by SUM.
THIS WEBSITE, THE CONTENT AND THE PRODUCTS AND SERVICES DESCRIBED THEREON ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMISSIBLE UNDER LAW, SUM DISCLAIMS ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON INFRINGEMENT OF PROPRIETARY RIGHTS, AND IMPLIED WARRANTIES AND CONDITIONS ARISING FROM THE COURSE OF DEALING OR COURSE OF PERFORMANCE. SUM DOES NOT WARRANT THAT THIS WEBSITE WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. SUM DOES NOT WARRANT THE ACCURACY, COMPLETENESS OR CORRECTNESS, TIMELINESS, OR USEFULNESS OF ANY OPINIONS, ADVICE, SERVICES, GOODS OR OTHER INFORMATION PROVIDED THROUGH THE WEBSITE OR ON THE INTERNET GENERALLY. IN NO EVENT WILL SUM BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DECISION MADE OR ACTION TAKEN BY YOU OR ANYONE ELSE IN RELIANCE UPON THE INFORMATION PROVIDED THROUGH THE WEBSITE.
Limitation of Liability
You agree that SUM and its subsidiaries, affiliates, directors, officers, employees, representatives, licensors and licensees shall not be liable to you for any damages of any kind arising from your use of this website, any products or services or any Linked Sites or your reliance on any Content (defined below). You agree that this limitation of liability is comprehensive and applies to all damages of any kind, including, but not limited to, direct, indirect, special, incidental, consequential or punitive damages. In no event shall SUM's total liability to you for all damages, losses, and causes of action, whether in contract, tort (including but not limited to negligence) or otherwise, exceed any amounts paid by you to SUM, if any, to access this website in the month immediately preceding the event giving rise to such liability.
You agree to indemnify, defend and hold harmless SUM and its subsidiaries, affiliates, directors, officers, employees, representatives, licensors and licensees, from any damages, losses, costs and expenses (including reasonable legal fees), incurred in connection with any third party claim or demand alleging or based upon your breach of this Agreement or your violation of any law or the rights of such third party. SUM reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you hereunder, and you shall cooperate as fully as reasonably required by SUM.
The servers hosting this website are protected by sophisticated firewall hardware and software, and are physically located in secured facilities.
Ownership of Website Content
Except for public domain material, all content and material on and/or forming part of this website from time to time, including all text, information, links, graphics, audio, video, animation, logos, trade-marks service marks and trade names, and the design and arrangement thereof, and all source code and software (collectively referred to as the "Content"), are protected by copyright, trade-mark and other laws, and are owned or controlled by SUM or its licensors. All rights not expressly granted to you in this Agreement are reserved. You agree that any copy of the Content, or any part thereof, which you make shall be solely for your private, non-commercial use or for such other use as may be authorized in writing in advance by SUM, and all copies made by you shall retain all copyright and other proprietary notices in the same form and manner as on the original.
"SUM" and the SUM logo are trade-marks of SUM. All trade-marks displayed on this website, unless otherwise indicated, are owned by SUM, and may be registered in jurisdictions across the world. Except as permitted above in respect of your non-commercial use of the Content, any use or reproduction of these trade-marks is prohibited.
You agree not to submit, publish, transmit, display, disseminate or otherwise communicate any libellous, defamatory, inaccurate, abusive, threatening, offensive or illegal material while connected to or otherwise using this website or any service. Transmission of such material shall constitute a material breach of this Agreement. SUM does not and cannot review every submission posted by users and is not responsible for, nor does it endorse, such submissions. You acknowledge that any submissions may be edited, removed, modified, published, transmitted and displayed by SUM or the administrators of this website, in their sole discretion. Users remain solely responsible for the content of their submissions.
By submitting content to any area of this website or through any service, you grant SUM and its affiliates a royalty free perpetual, irrevocable, transferable, non exclusive right (including any moral rights) and licence to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, communicate to the public, perform, display and otherwise use such content, in whole or in part, worldwide in all manner and media (whether now known or later developed). You represent and warrant that you have, or the third party holder of the moral rights in such content has, completely and effectively waived all such rights and that you have the lawful right and authority to grant the licence granted herein. You also authorize any user of this website to access, display, view, store and reproduce such content for personal use.
Except as expressly provided herein, this website and the Content, or any part thereof, may not be reproduced, modified, republished, uploaded, posted, transmitted, sold, distributed or otherwise used in any way, without the express prior written permission of SUM. Prohibited conduct includes, without limitation:
- modifying, translating, reverse engineering, decompiling, disassembling this website, the Content or any part thereof;
- renting, leasing, sublicensing or transferring any rights in this website or the Content;
- removing any proprietary notices or labels on this website or the Content;
- violating, plagiarizing or infringing on the rights of SUM or any third party, including copyright, trade-mark, privacy, contractual or other personal or proprietary rights;
- any unauthorized use of the Content (including use on any other website or networked computer environment); and
- engaging in any conduct which SUM, in its sole discretion, determines to be detrimental to its interests, including, without limitation, acting or failing to act in a manner contrary to this Agreement, or intentionally interfering with the website or SUM's computer systems.
Engaging in prohibited conduct may subject you to civil liability and criminal prosecution under applicable laws.
SUM may, in its sole discretion, terminate or suspend your access to all or part of this website, the Content and/or any products or services for any reason, including, without limitation, your breach of the Agreement or transmission of any unsolicited advertising materials.
Access to this website, the Content and the products and services is not permitted where prohibited by law. If you choose to access this website and/or use the products or services, you do so on your own initiative and are responsible for compliance with applicable laws.
In British Columbia, SUM Insurance operates as SUM Insurance Managers.
This Agreement and your use of this website shall be governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein. Any dispute arising under this Agreement shall be resolved exclusively by the courts located in Toronto in the Province of Ontario. You agree not to bring any legal action against SUM in any jurisdiction except the Province of Ontario and you shall submit and consent to such jurisdiction. If any provision of this Agreement shall be deemed unlawful by a court of law, then the impugned provision shall be deemed severed and shall not affect the validity and enforceability of any remaining provisions. This Agreement constitutes the entire agreement between you and SUM in connection with your use of this website. Your use of this website is not intended and shall not be deemed to create any agency, joint venture or other legal relationship of any kind between you and SUM other than that of independent contractors. The parties have requested that this Agreement and all communications and documents relating hereto be expressed in the English language. Les parties ont exigé que ce contrat ainsi que tous les documents s'y rattachant soient rédigés dans la langue anglaise.
Updates and Amendments
SUM reserves the right to change, modify or amend this Agreement, or add or remove portions of this website and any products and services, at any time and you agree to be bound by such changes, modifications, additions or deletions. The current version of this Agreement will be posted on this website at all times. Please check back frequently to see any updates or changes to this Agreement. Your continued use of this website following the posting of changes will constitute your agreement to be bound by such changes.