PLEASE READ ALL OF THESE PROVISIONS ("TERMS") CAREFULLY BEFORE USING THIS WEB SITE. BY USING THIS WEB SITE, YOU ACCEPT THESE TERMS. IF YOU DO NOT ACCEPT THESE TERMS, PLEASE DISCONTINUE YOUR USE OF THIS WEB SITE.
1. Our Sites and Their Use. Our web sites; twmic.com, tuscarorawayne.com, tuscarorawaynegroup.com, tuscarorawaynegroupofcompanies.com, knico.com, kninsco.com, keystonenatinsco.com, keystonenationalinsurancecompany.com, wmfsic.com, washingtonmutualfireandstorm.com and lebins.com; (the "Sites") are owned and provided by the Tuscarora Wayne Group of Companies or one of its affiliates or subsidiaries ("TW") from its offices in Wyalusing, Pennsylvania, USA as a service to TW's customers and prospective customers and its agents ("Agents"). Please feel free to browse the Sites; however, your access and use of the Sites is subject to these Terms and all applicable laws. The Sites may not be used in jurisdictions where access to the Sites may be illegal or otherwise prohibited. If you breach any of these Terms, your authorization to use the Sites automatically terminates and TW may deny you access to the Sites.
2. Permissible & Non-Permissible Uses. You shall use the Sites for lawful purposes only. You agree that any information you provide through the Sites will be accurate and truthful. Any conduct by you that, in TW's opinion, restricts or inhibits any other user from using or enjoying the Sites will not be permitted. The framing, mirroring, scraping or data-mining of the Sites or any of their contents in any form or by any method is strictly prohibited. You shall not post or transmit through the Sites any information or material that:
a. violates or infringes, in any way, the rights of others, or which is unlawful, threatening, abusive, defamatory, libelous, invasive of privacy, proprietary or publicity rights, vulgar, obscene, profane, harassing or otherwise objectionable to TW in its absolute discretion;
b. could cause or introduce a software virus or other disruptive program;
c. encourages conduct that would constitute a criminal offense, give rise to liability or otherwise violate any law or administrative ruling or guidelines, or is in violation of these Terms;
d. contains any advertising or any solicitation; or
e. otherwise violates any of these Terms.
3. Agent Tools. Certain areas of the Sites and related Site tools are intended as a convenience for TW's Agents only. TW reserves the right to take such actions as may be necessary to prevent misuse of these Agent tools. TW Agents may use these tools to obtain status information regarding their policies or pending claims or obtain quotes in connection with applications for insurance. Any information or quotes obtained through the Sites are provided as a convenience to Agents only and may change. Any quotes obtained are also subject to the submission and approval of an application. A quote or information obtained through the Sites does not obligate TW to provide insurance or coverage for any claimed loss.
4. Products and Services. You may not be eligible for some of the products or services offered by TW and certain products or services may be subject to certain additional terms. To obtain insurance coverage from TW, you must first contact an Agent and submit an application to TW. All applications are subject to TW's approval.
5. Electronic Payments: The Make A Payment service allows you to make premium payments on your policy by credit card, debit card or electronic funds transfer. By using the Make A Payment service, you agree that you are either the insured under the subject policy or a legal representative authorized to act on behalf of the insured. The Make A Payment service will transfer you to an unaffiliated third party that will process your premium payment. You are not required to make any premium payment electronically. The Make A Payment service is solely provided for your convenience. TW will not receive, store or retain any account number information regarding your electronic payment, such as your credit card, debit card or bank account numbers. The Make A Payment service does not permit you to schedule a series of automatic premium payments. Each premium payment must be entered on an individual basis. The Make A Payment service can only be used if your policy is in an appropriate status to accept a premium payment. You cannot open a new account or policy with TW by using the Make A Payment service. In the event you are entitled to a return premium, you can expect to receive a refund in accordance with TW's refund policy. You will be refunded in the same manner in which the last premium payment was made.
a. TW makes no warranty that the Sites are compatible with any computer systems or browsers.
b. TW will use reasonable efforts to ensure that the information supplied on the Sites is true and accurate. If, however, inaccurate information is supplied on the Sites, TW shall not be responsible or liable for such inaccuracies.
c. TW cannot guarantee the availability of the Sites. The Sites may be unavailable because of routine maintenance performed by TW, due to causes beyond TW's control, or at TW's sole discretion.
d. Without prejudice to any other rights, TW reserves the right to suspend provision of all or any part of the Sites and/or block or remove any emails, communications, data transmissions, postings or content if TW has reason to believe that such use or material is in violation of these Terms or for any other reason.
e. THE SITES AND MATERIALS AND RELATED COMMUNICATIONS ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT ANY REPRESENTATIONS, WARRANTIES, TERMS OR CONDITIONS, EXPRESS OR IMPLIED, OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS FOR PARTICULAR PURPOSE. TW ALSO DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE MATERIALS ON THE SITES, INCLUDING BUT NOT LIMITED TO THE RELIABILITY OF ANY ADVICE, STATEMENT, FORMULA, CALCULATOR, TABLE OR OTHER INFORMATION DISPLAYED OR DISTRIBUTED THROUGH THE SITES. YOU ACKNOWLEDGE BY THE USE OF THE SITES THAT ANY RELIANCE ON ANY SUCH MATERIALS SHALL BE AT YOUR SOLE RISK. TW ALSO DOES NOT WARRANT THAT YOUR USE OF THE SITES WILL BE UNINTERRUPTED, ERROR-FREE OR VIRUS-FREE.
f. TW ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE LIABLE UNDER ANY LEGAL THEORY FOR ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT OR OTHERWISE AFFECT, YOUR COMPUTER EQUIPMENT, OPERATING SYSTEMS, SOFTWARE, DATA OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING IN THE SITES. IN PARTICULAR, YOU ACKNOWLEDGE THAT TW SHALL HAVE NO LIABILITY UNDER ANY LEGAL THEORY FOR ANY VANDALISM, ALTERATION, OR OTHER USE OR MISUSE OF TW'S SITES BY ANY PERSON OR FOR ANY DATA, COMMUNICATION OR TRANSMISSION SENT BY ANY OTHER PARTY.
7. Limitation of Liability.
a. Your use and browsing of the Sites is at your sole risk. If you are dissatisfied with any of the Materials contained in the Sites, or with any of these Terms, your sole and exclusive remedy is to discontinue accessing and using the Sites.
b. UNDER NO CIRCUMSTANCES WILL TW, ITS AFFILIATES OR SUBSIDIARIES OR OTHER THIRD PARTIES MENTIONED IN, OR INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITES BE LIABLE FOR ANY COMPENSATORY, DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL OR PUNITIVE DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, COSTS AND EXPENSES OF ANY TYPE INCURRED, LOST PROFITS, LOST DATA OR PROGRAMS, AND BUSINESS INTERRUPTION) ARISING OUT OF YOUR ACCESS TO, USE OF, INABILITY TO USE OR THE RESULTS OF USE OF THE SITES, ANY WEB SITES LINKED TO THE SITES, OR ANY MATERIALS CONTAINED AT ANY OR ALL SUCH SITES (INCLUDING, BUT NOT LIMITED TO, THOSE CAUSED BY OR RESULTING FROM A FAILURE OF PERFORMANCE, ERROR, OMISSION, LINKING TO OTHER WEB SITES, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE OR DESTRUCTION, UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OR MISUSE OF ANY COMPUTER OR SYSTEM) WHETHER BASED ON WARRANTY, CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT TW WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TW SHALL HAVE NO LIABILITY OR RESPONSIBILITY FOR ANY ACTS, OMISSIONS OR CONDUCT OF ANY USER OR OTHER THIRD PARTY.
c. Applicable laws of your jurisdiction may give you additional rights and/or may limit the effect of the waivers contained herein.
8. Third Party Sites. As a convenience to you, TW may provide links to web sites owned or operated by other entities and persons. Except for third party web sites that TW requires you to use to complete a transaction regarding your policy, TW makes no representation whatsoever about any other web site that you may access through this Site ("Other Web Sites"). Any link to Other Web Sites does not mean that TW endorses or accepts any responsibility for the content, or the use of such Other Web Sites. If you use Other Web Sites, you do so at your own risk. Furthermore, links do not imply that TW is affiliated or associated with, or that any Other Web Sites are authorized to use any trademark, trade name, logo or copyright of TW.
9. Agent Login. If you are an Agent for TW, you will be provided a user name and password to access certain areas of the Site. You are responsible for keeping your user name and password secure and confidential. You should not share, display, disclose or permit your user name and password to be disclosed to any other party. If your user name and password is disclosed or discovered by another party, you should contact TW immediately. You are responsible for use of the Sites when access is obtained through the use of your user name and password, whether authorized or unauthorized. You agree not to impersonate any other person or entity or use any false name or use any other person's user name and password to access the Sites. You agree and warrant that you will implement and comply with the above procedures. TW reserves the right to withdraw or cancel user names and passwords at any time without notice and in its sole discretion may allocate a new user name and password where TW has reason to believe that such user name and password has been inappropriately disclosed, discovered, used or misused by any person or organization other than you, or for any other reason.
10. Ownership and Copyright.
a. The Sites may contain information and materials including but not limited to, text, software, photos, video, graphics, audio, images or files incorporated in or generated by the software and data accompanying the software (collectively "Materials") which are derived in whole or in part from information and materials supplied by TW and other sources, and are protected by U.S. and international copyright, trademark and other laws.
b. The entire content of the Sites are copyrighted as a collective work under the United States Copyright Laws. TW owns the copyright in the overall selection, coordination, arrangement and enhancement of such content, and owns the rights in (or license to use) the individual components of such content. Materials may not be copied, reproduced, republished, modified, uploaded, posted, transmitted or distributed in any way or decompiled, reverse engineered or disassembled, except that you may view and print the Materials as reasonably necessary to do business with TW, provided you keep intact all copyright, trademark and other proprietary notices and make no change in or deletion of author attribution. This limited authorization is not a transfer of title in the Materials and, by your use of the Sites; you acknowledge that you do not acquire any license, ownership or other rights to the Materials or intellectual property.
c. Any modification of the Materials is a violation of TW's or such other sources' copyright, trademark and other proprietary rights and may violate other laws, including but not limited to, the laws of privacy and publicity and communications regulations and statutes. The use of any such Materials on any other web site without TW's express written consent is prohibited.
d. TW reserves its right to enforce its intellectual property rights to the fullest extent of the law including, but not limited to, recovery for any damages and any associated legal and other costs incurred by TW and criminal prosecution when and where appropriate.
11. Security. We have implemented a number of security features to attempt to prevent the unauthorized release of, or access to, information regarding our Agents and our customers. Please be advised, however, that although we have endeavored to create a secure and reliable web site, the confidentiality of any communication or material transmitted to or from TW via the Sites or via e-mail cannot be guaranteed. When disclosing any personal information or information regarding our customers, you should remain mindful of the fact that such information is potentially accessible by unauthorized persons and, consequently, may be collected by such unauthorized persons and used without our consent. TW disclaims all liability for the security of information transmitted through the Internet.
12. Information Provided By You. Any contact which you may make with TW or TW employees or Agents via the Sites must be for a TW business-related purpose and all such communications are the exclusive property of TW, and subject to review and monitoring by TW in accordance with applicable laws.
13. Changes. TW reserves the right, in its sole discretion and without giving notice to anyone either before or after, to edit or revise these Terms at any time and correct any errors or omissions in any portion of the Sites and Materials. All Materials on the Sites may also be changed, modified, added or removed and updated without notice at any time; however, TW is under no obligation to update Materials. TW may also make changes in the products, services, programs or prices (if any) described in the Sites at any time without notice. Your continued use of the Sites after any change that has been made to the Sites will be considered acceptance of those changes. You should revisit these Terms from time to time to review the then-current Terms because they are binding on you.
14. Governing Law; Time Limitation. These Terms shall be governed by the laws of the Commonwealth of Pennsylvania without giving effect to any principles of conflict of laws. By using the Sites, you agree to bring any claim or suit in, and submit to the exclusive jurisdiction of the Court of Common Pleas of Bradford County, Pennsylvania or the United States District Court for the Middle District of Pennsylvania. Any cause of action you may have with respect to your use of the Sites must be commenced within one (1) year after the claim or cause of action arises.
15. Severability. If for any reason a court of competent jurisdiction finds any provision of these Terms, or portion hereof, to be unenforceable, that provision or portion thereof shall be enforced to the maximum extent permissible so as to effect the intent of these Terms, and the remainder of these Terms shall continue in full force and effect.
16. Entire Agreement; Effect on Policy and Agency Agreement. These Terms constitute the entire agreement between TW and you with respect to your use of the Sites. The Terms of this Site do not alter the provisions in any insurance policy or agency agreement you may have with TW.