Terms and Conditions of Use
Welcome to TheZenith.com, the online home of Zenith Insurance Company. In order to begin using this Web Site, please read the following terms and conditions of use (the "Terms and Conditions") which govern your use of the Web Site located at http://www.thezenith.com/ (referred to herein as the "Web Site") and your relationship with Zenith Insurance Company, and all individuals and companies associated with Zenith Insurance Company (referred to as "Zenith" or "We"). If you do not agree to these Terms and Conditions, please do not use the Web Site or download materials from the Web Site. Please note that we may change these Terms and Conditions from time to time by posting such changes on this Web Site, so check back periodically to see any changes. By using the Web Site following any modifications to these Terms and Conditions, you agree to any such modifications to these Terms and Conditions.
Please remember that the material on this Web Site is provided for informational purposes only and covers a wide range of topics relating to insurance services. Although some of the information involves tax, legal, accounting or similar issues, neither the companies offering the products or services nor their agents or affiliates are in the business of offering such advice. In addition, advice on such matters must fit your particular circumstances. Therefore, we strongly encourage you to consult with your own professional advisors to examine the legal, tax, accounting or investment aspects of any information presented on this Web Site and how they may effect your particular situation.
How Can Materials Found on this Web Site Be Used?
Zenith, or one of its affiliates, is the owner and/or authorized user of any trademark, registered trademark and/or service mark appearing on the Web Site, and is the copyright owner or licensee of the content and/or information on the Web Site, unless otherwise indicated. The Web Site does not grant to you a license to any content, features or materials you may access on this Web Site. You may not download or save a copy of any of the content or screens except as otherwise provided in these Terms and Conditions, for any purpose. You may, however, print a copy of the information on this Web Site solely for your personal use or records. If you make other use of this Web Site, except as otherwise provided above, you may violate copyright and other laws of the United States, other countries, as well as applicable state laws and may be subject to liability for such unauthorized use. We do not grant any license or other authorization to any user of its trademarks, registered trademarks, service marks, other copyrightable material or any other intellectual property, by including them on this Web Site. All trade names, trademarks, service marks, images and logos on materials, are proprietary to their respective owners and are protected by applicable trademark and copyright laws. The following service marks are registered U.S. service marks of Zenith: Zenith, TheZenith, Risky Robots, First Call, The Partnership Pays Off, and Risky Robot, Flag and Mountain.
We reserve the right to change any information on this Web Site, including but not limited to revising and/or deleting features or other information without prior notice to you. Accessing certain links within this Web Site may provide you with access to other web sites for which we assume no responsibility of any kind , including no responsibility for the content, availability or otherwise. (See "Links from and to the Web Site" below.) The content of this Web Site may vary depending upon your browser functionality and limitations.
What are My Obligations in Using this Web Site?
In order to use this Web Site, you must provide for your own access to the World Wide Web and pay any service fees associated with such access, and you must provide all equipment necessary for you to make such connection to the World Wide Web, including a computer, software, a means of connection to the Internet (dial-up access, broadband access, etc.).
Also in consideration of your use of the Web Site, you agree that you are at least 18 years of age and you agree to provide true, accurate, current and complete information about yourself as prompted by the registration form. You also agree to maintain and update this information to keep it true, accurate, current and complete. If any information provided by you is untrue, inaccurate, not current or incomplete, your account can be terminated. You also agree not to resell or transfer the Web Site or use of or access to the Web Site.
What Activities are Prohibited on this Web Site?
While using the Web Site, you may not:
- upload, post, publish, transmit, reproduce, or distribute in any way, information, software or other material obtained through the Web Site which is protected by copyright, or other proprietary or intellectual property rights, or derivative works with respect thereto, without obtaining permission of the copyright owner or rightholder; or
- upload, post, publish, reproduce, transmit or distribute in any way any component of the Web Site itself or derivative works with respect thereto, as the Web Site is copyrighted as a collective work under U.S. copyright laws; or
- upload, post, publish or transmit any unlawful, fraudulent, libelous, defamatory, obscene, pornographic, profane, threatening, abusive, or
otherwise objectionable information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute illegal activity, give rise to civil liability, or otherwise violate any local, state, national or foreign law, including without limitation the U.S. export laws and regulations; or
- upload, post, publish, transmit, reproduce, distribute or in any way exploit any information, software or other material obtained through the Web Site for commercial purposes (other than as expressly permitted by the provider of such information, software or other material); or
- restrict or inhibit any other user from using and enjoying the Web Site; or
- post or transmit any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities or schemes or other unsolicited commercial communication (except as otherwise expressly permitted by the Web Site) or engage in spamming or flooding; or
- impersonate any other person or entity, or misrepresent your affiliation with any other person or entity; or
- post or transmit any information or software which contains a virus, trojan horse, worm or other harmful component.
We have no obligation to monitor the Web Site. You acknowledge and agree, however, that we do retain the right to monitor the Web Site and to disclose any information as necessary or appropriate to satisfy any law, regulation or other governmental request, to operate the Web Site properly, or to protect itself or its subscribers. We will not intentionally monitor or disclose any private electronic-mail message unless required by law. We reserve the right to refuse to post or to remove any information or materials, in whole or in part, that, in our sole discretion, are deemed unacceptable, undesirable, inappropriate or in violation of these Terms and Conditions.
Is the Zenith Insurance Company Responsible for Linked Web Sites?
Our Web Site contains some links to other web sites, but we have no control over and assume no responsibility for the accuracy or availability of information provided by linked web sites. Links to external web sites do not mean that we endorse those sites or their sponsors or the content, products, advertising or other materials presented on such sites. We do not author, edit, or monitor these unofficial pages or links. You acknowledge and agree that we are not responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on such external sites or resources.
When Can Access Be Terminated?
Use of or subscription to this Web Site may be terminated at any time, and without cause, by either the Service or by you, upon notification by telephone or e-mail. You acknowledge and agree that we may terminate your password or account or deny you access to all or any part of the Web Site without prior notice if you engage in any conduct or activities that we, in our sole discretion, believe violate any of these Terms and Conditions, violate the rights of the Web Site, or are otherwise inappropriate for continued access.
Password Security
The Web Site is not responsible for the security of your password. You are solely responsible for password security, and for all activity on your account. Do not disclose your password to anyone and notify the Web Site immediately if you believe the security of your password may have been compromised. No representative of Zenith will ever ask you to disclose your password, so if someone asks for it, do not provide it.
Is there a Warranty?
By using the Web Site, including any software and content contained therein, you agree that use of the Web Site is entirely at your own risk. The Web Site is provided to you as a convenience, but we do not guarantee the accuracy, or completeness of the information. The Web Site is provided "as is," without warranty of any kind, either express or implied, including without limitation, any warranty for information, data, services, or uninterrupted access. Specifically, the Web Site disclaims any and all warranties, including, but not limited to: (i) any warranties concerning the availability, accuracy, usefulness, or content of information or services; and (ii) any warranties of title, warranty of non-infringement, warranties of merchantability or fitness for a particular purpose. This disclaimer of liability applies to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of record, whether for breach of contract, tort, negligence, or under any other cause of action.
Neither the Web Site nor any of its employees, agents, successors, assigns, affiliates, or content or service providers shall be liable to you or any other third party for any direct, indirect, incidental, special or consequential damages arising out of use of this Web Site or inability to gain access to or use the site or out of any breach of any warranty. Because some states do not allow exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you. In such states, the respective liability of the service, its employees, agents, successors, assigns, affiliates, and content or service providers respective liability is limited to the greatest extent permitted by such state law.
You agree to defend, indemnify and hold Zenith and its affiliates harmless from any and all claims, liabilities, costs and expenses, including reasonable attorneys' fees, arising in any way from your use of the Web Site or the placement or transmission of any message, information, software or other materials through the Web Site by you or users of your account or related to any violation of these Terms and Conditions by you or users of your account.
Other Important Information:
Zenith National Insurance Corp. ("ZNIC") is a holding company. The insurance subsidiaries of ZNIC - Zenith Insurance Company and ZNAT Insurance Company - are engaged in the Property Casualty Insurance business. Zenith is licensed to conduct business in 43 states. ZNAT is licensed to conduct business in AR, CA, IA, TX, and UT.
These Terms and Conditions and the relationship between you and the Web Site shall be governed by the laws of the State of California, without regard to its conflict of law provisions. You and Zenith each agrees to submit to the personal and exclusive jurisdiction of the courts located within the state of California.
The failure of Zenith and this Web Site to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision. If any provision of these Terms and Conditions is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of these Terms and Conditions remain in full force and effect.
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Web Site or these Terms and Conditions must be filed within 1 year after such claim or cause of action arose or be forever barred.
Again, thank you for visiting TheZenith.com and for reading these Terms and Conditions. Please enjoy the Web Site!
