Terms And Conditions Of Use
Welcome to TheZenith.com, the online home of Zenith Insurance Company. In order to begin using this website, please read the following Terms and Conditions of Use (the “T&Cs”) which govern: 1) your access and use of the website located at TheZenith.com (referred to herein as the “Website”), whether as a guest or a registered user; and 2) your relationship with Zenith Insurance Company, and all individuals and companies associated with Zenith Insurance Company (referred to as “Zenith” or “We”).
By using the Website, you accept and agree to be bound and abide by the T&Cs and our Privacy Statement, which is incorporated herein by reference. If you do not agree to the T&Cs or the Privacy Statement, you may not use the Website or download materials from the Website.
The material on the Website is divided between general content for guests and certain services, features, and content for registered users (including policyholders and agents). Additional terms and conditions may apply to specific portions, services or features of this Website. All such additional terms and conditions are hereby incorporated by reference into the T&Cs.
Changes to the Terms and Conditions of Use and the Website
We may revise and update these T&Cs from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Website thereafter. Your continued use of the Website following the posting of the revised T&Cs means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you. The date of the most recent revisions to the T&Cs appears at the end of the T&Cs. We may update the content on this Website from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material.
Intellectual Property Rights
Zenith, or one of its affiliates, is the owner or authorized user of any trademark, registered trademark, registered service mark and other service mark appearing on the Website, and is the copyright owner or licensee of the content and information on the Website, unless otherwise indicated. All trade names, trademarks, service marks, images, and logos on materials on the website 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, TheZenith.com, Zenith Solution Center, Risky Robots, and First Call.
How Can Materials Found on this Website Be Used?
The Website does not grant to you a license to any content, features, or materials you may access on this Website. You may not download or save a copy of any of the content or screens for any purpose except as otherwise provided in the T&Cs or as separately negotiated in a written agreement between Zenith and you. You may, however, print a copy of the information on this Website solely for your personal use or records. If you make other use of this Website, 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, registered service marks, service marks, other copyrightable material or any other intellectual property, by including them on this Website.
What are My Obligations in Using this Website?
You are responsible for obtaining access to use this Website, and that access may involve third-party fees (such as Internet service provider or airtime charges). You are responsible for those fees. In addition, you must provide and are responsible for all equipment necessary to access the Website. Additionally, you are responsible for ensuring that all persons who access the Website through your Internet connection are aware of the T&Cs and comply with them.
Also in consideration of your use of the Website, you agree that you are at least 18 years of age and that you are of legal age and of sound mind to form a binding contract with Zenith and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website. To access some of the resources the Website offers, you may be asked to provide certain registration details or other information. If prompted by a registration form, you agree to provide true, accurate, current, and complete information about yourself and agree to maintain and update this information to keep it true, accurate, current, and complete. Without limiting any available remedy, if any information provided by you is untrue, inaccurate, not current, or incomplete, your account can be terminated. You agree that all information you provide to register with this Website or otherwise, including but not limited to the use of any interactive features on the Website, is governed by our Privacy Statement, and you consent to all actions we take with respect to your information consistent with our Privacy Statement.
If you are provided with a user name, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Website or portions of it using your user name, password or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. You also agree not to resell or transfer your user name or password or your use of or access to the Website.
What Uses and Activities are Prohibited on this Website?
You may use the Website only for lawful purposes and in accordance with the T&Cs. You agree not to use the Website:
- In any way that violates any applicable federal, state, local or international law or regulation.
- To transmit, or procure the sending of any advertising or promotional material, including any “junk mail,” “chain letter” or “spam” or any other similar solicitation.
- To impersonate or attempt to impersonate Zenith, a Zenith employee, another user or any other person or entity.
- To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, may harm Zenith or users of the Website or expose them to liability.
Additionally, you agree not to:
- Use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Website .
- Use any robot, spider or automatic device, process or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.
- Use any manual process to monitor or copy any of the material on the Website or for any other unauthorized purpose.
- Use any device, software or routine that interferes with the proper working of the Website.
- Introduce any viruses, trojan horses, worms, logic bombs or other material which are malicious or technologically harmful.
- Attempt to gain unauthorized access to, interfere with, damage or disrupt any part of the Website, the server on which the Website is stored, or any server, computer or database connected to the Website.
- Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
- Otherwise attempt to interfere with the proper working of the Website.
Is Zenith Responsible for Linked Sites and Resources Provided by Third-Parties?
Our Website contains some links to other sites and resources provided by third-parties for your convenience only. We have no control over and assume no responsibility for the accuracy or availability of information provided by linked sites and resources. Links to external sites and resources do not mean that we endorse those sites or their sponsors or the content, products, advertising or other materials presented on such sites. 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.
Can I Link to this Website?
You may link only to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part without our express written consent. Additionally, subject to the foregoing, you may not:
- Establish a link from any website that is not owned by you.
- Cause the Website or portions of it to be displayed by, or appear to be displayed by, for example, framing, deep linking or in-line linking, on any other site.
- Otherwise take any action with respect to the materials on this Website that is inconsistent with any other provision of the T&Cs.
- Link to the website or make certain content accessible, unless you are in full compliance in all respects with the permitted uses and activities set out in the T&Cs.
Monitoring and Enforcement; Termination
You acknowledge and agree that we retain the right to monitor the Website, although we have no obligation to do so. We assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
Reliance on Information Presented
The material on this Website is provided for informational purposes only and covers a wide range of topics relating to insurance services. Unless otherwise represented and warranted to you in a separate written agreement between Zenith and you, we do not represent or warrant the accuracy, completeness or usefulness of the information on this Website, and any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.
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 Website and how they may affect your particular situation.
Is there a Warranty?
By using the Website, including any software and content contained therein, you agree that use of the Website is entirely at your own risk. The Website is provided to you as a convenience, but we do not guarantee the accuracy, usefulness or completeness of the information.
The Website 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. We disclaim any and all warranties, including, but not limited to: (i) any warranties concerning the availability, accuracy, usefulness, or completeness of the content of information or services we provide on the Website; 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 Zenith 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 Website 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 Zenith, its employees, agents, successors, assigns, affiliates, and content or service providers 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 Website or the placement or transmission of any message, information, software or other materials through the Website by you or users of your account or related to any violation of the T&Cs by you or users of your account.
Other Important Information
The owner of the Website is based in the State of California in the United States. We provide this Website for use only by persons located in the United States. We make no claims that the Website or any of its content is accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
The T&Cs and the relationship between you and the Website 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, City of Los Angeles, and County of Los Angeles. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
The failure of Zenith to exercise or enforce any right or provision of the T&Cs shall not constitute a waiver of such right or provision. If any provision of the T&Cs is found by a court of competent jurisdiction to be invalid, illegal or unenforceable 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 the T&Cs 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 Website, the T&Cs or the Privacy Statement must be filed within one year after such claim or cause of action arose or it will be forever barred.
If there is a conflict between these T&Cs and additional terms available within a particular part of this Website, those additional terms will control for that conflict.
Your Comments and Concerns
This Website is operated by Zenith Insurance Company, 21255 Califa Street, Woodland Hills, CA 91367.
All other feedback, comments, requests for technical support and other communications relating to the Website should be directed to WebQuestions@thezenith.com.
Again, thank you for visiting TheZenith.com and for reading the T&Cs. Please enjoy the Website!
Zenith Insurance Company is a California domiciled insurance company, with a principal place of business at 21255 Califa St., Woodland Hills, CA 91367. The company’s California Certificate of Authority is 5104.
ZNAT Insurance Company is a California domiciled subsidiary of Zenith Insurance Company, with a principal place of business at 21255 Califa St., Woodland Hills, CA 91367. The company’s California Certificate of Authority is 5106.
(Terms and Conditions of Use as of 07/25/2016)