Casualty Corporation of America, Inc.
Website(s) Terms and Conditions of Use
Please read these terms and conditions carefully before accessing any Casualty Corporation of America, Inc. website(s). Casualty Corporation of America, Inc., its parent, CCA Operating Co. and their respective affiliates and assigns are hereinafter referred to individually and collectively as “CCA”. CCA’s website(s) and telecommunications applications are hereinafter referred to individually and collectively as “CCA’S WEBSITE(s)”. The terms “you” or “your” refers to the person(s) and/or entity(ies) desiring to utilize and/or utilizing CCA’s WEBSITE(s).
Use of CCA’S WEBSITE(s)
Your use of CCA’S WEBSITE(s) is expressly conditioned on your acceptance of the terms and conditions set forth herein. By using any of CCA’S WEBSITE(s), you signify your assent to these terms and conditions and agree to be bound legally thereby. If you do not agree with any part of the following terms and conditions, you are not authorized and may not use any of CCA’S WEBSITE(s). These terms and conditions may be modified and/or supplemented by CCA from time to time. Your continued use of CCA’S WEBSITE(s) will constitute your acceptance to any modifications and/or supplements to these terms and conditions. For such reason, you should refer to this page regularly to determine your continued agreement to the supplemented and/or modified terms and conditions. You can access the current terms and conditions at any time from the following link https://www.casualtycorp.com/terms-conditions.aspx or by clicking on Terms & Conditions situated on the initial page of CCA’S WEBSITE(s). Your failure to abide by any of the posted terms and conditions of CCA’S WEBSITE(s), whether set forth herein or as later supplemented and/or modified may result in termination of your access to CCA’S WEBSITE(s) in addition to the enforcement of any other remedies held by CCA.
CCA’S WEBSITE(s) is intended to be comprehensive allowing CCA to support and communicate with CCA’s Agents and Customers electronically by providing access to appropriate policyholder information, agent records (including commission statements), relevant technology, as well as the most current information and news to assist CCA’s Agents and Customers. You agree not to disrupt, modify or interfere with CCA’S WEBSITE(s), or impede or interfere with others’ use of CCA’S WEBSITE(s), or its associated software, hardware and servers in any way. You further agree not to alter or tamper with any information on or associated with CCA’S WEBSITE(s). You agree that CCA’S WEBSITE(s) and the content provided in CCA’S WEBSITE(s), including the text, graphics, button icons, and data compilations, may not be copied, reproduced, republished, uploaded, posted, transmitted or distributed without the prior written consent of CCA, except that you may display and print the materials presented on CCA’S WEBSITE(s) for the specific business purpose set forth herein.
User Name / Password / PIN
CCA’S WEBSITE(s) is a restricted use site, requiring the use of a User Name and Password for access. Portions of CCA’S WEBSITE(s) may require a Personal Identification Number (”PIN”) for access. Unauthorized use of or access to any restricted area of CCA’S WEBSITE(s) and/or any material contained on CCA’S WEBSITE(s) is strictly prohibited. Actual or attempted unauthorized use of or access to such areas and/or materials may result in criminal and/or civil prosecution. Attempts to access such areas without proper authorization may be viewed, monitored and recorded and any information obtained may be given to law enforcement agencies in connection with any investigation or prosecution of possible criminal and/or unlawful activity on this system and CCA’S WEBSITE(s). If you are not an authorized user of such areas or do not consent to continued monitoring, you should not access and/or attempt to access such areas. You are responsible for maintaining the confidentiality of your User Name, Password and PIN. You agree to accept responsibility for all activities that occur utilizing your User Name, Password and/or PIN. CCA is not liable for any loss, cost, damage and/or expense that may result from any unauthorized access to personal information occurring as the result of the authorized and/or unauthorized use of your User Name, Password and/or PIN. You will notify CCA immediately if you believe someone else has obtained your User Name, Password and/or PIN. Likewise, you will notify CCA immediately if you become aware of any unauthorized access to CCA’S WEBSITE(s) and/or any unauthorized attempts to access CCA’S WEBSITE(s). CCA may block access to CCA’S WEBSITE(s) utilizing your User Name, Password, PIN and/or Internet Protocol (IP) address without prior notice if: CCA believes your User Name, Password and/or PIN is being used by someone other than you; if any unauthorized access to personal information has occurred or may occur; and/or for any other reason, including, without limitation, system upgrades and/or modifications.
Copyright / Trademark
Except where otherwise indicated, all materials contained in CCA’S WEBSITE(s) are the copyrighted property of CCA and/or third-party licensors. All logos, trademarks and service marks used on CCA’S WEBSITE(s) [including, but not limited to, the name “Casualty Corporation of America, Inc.” and the CCA ® , logo] are the trademarked and copyrighted property of CCA unless otherwise indicated. In addition thereto, CCA may own intellectual property rights in other logos, words, or phrases not listed here.
CCA reserves all rights to its intellectual property. Any materials printed or downloaded from CCA’S WEBSITE(s)shall retain all CCA copyright and other proprietary notices in the same form and manner as on the original. You are not authorized to use all or any portion of CCA’S WEBSITE(s) or any other intellectual property of CCA in the meta-tags of any other website or in any other materials. You may not modify, publish, reproduce, republish, create derivative works, copy, upload, post, transmit, distribute, reverse engineer or otherwise use any of CCA’S WEBSITE(s) content (except as permitted herein) or frame CCA’S WEBSITE(s) within any other website. Linking from another website to any section of CCA’S WEBSITE(s) is strictly prohibited without the prior written permission of CCA.
Certain of CCA’S WEBSITE(s) may contain links to internet websites and/or obtain data and/or information from websites and/or providers that are unaffiliated with CCA and as such are not maintained by CCA. Access to websites of providers unaffiliated with CCA is at your own risk. CCA is not responsible and/or liable for the accuracy or reliability of any information, data, opinions, advice or statements made or obtained from websites and/or providers unaffiliated with CCA. CCA provides these links to unaffiliated internet websites solely for your convenience and makes no warranties or representations about the content of, or any products or services offered, made or obtained there from. You should not interpret any link to/from any internet website unaffiliated with CCA as indicating that CCA sponsors or endorses such websites or their materials or that these websites are affiliated with CCA in any manner. CCA recommends that you take the time to read the privacy and data security policies of such websites.
The information and descriptions contained in CCA’S WEBSITE(s) are intended as general information and are not necessarily complete descriptions of all terms, exclusions and conditions applicable to the products and services offered by CCA. The insurance coverage afforded by CCA is strictly subject to the terms and conditions of the applications for insurance and the insurance policies issued. CCA reserves the right to withdraw products or services referred to in CCA’S WEBSITE(s) at any time.
Disclaimer of Warranty
CCA’S WEBSITE(s) [including all information and materials contained on CCA WEBSITE(s)] is provided “as is” and “as available” without warranties of any kind either express or implied. CCA disclaims all warranties, express or implied, with respect to CCA’S WEBSITE(s), including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement of third-party rights, and those arising by statute or otherwise in law or from a course of dealing or usage of trade. CCA does not warrant that: the operation of CCA’S WEBSITE(s) will be uninterrupted or error-free; that any defects will be corrected; and/or that CCA’S WEBSITE(s), or the server(s) that make them available, are free of viruses or other harmful components. CCA does not warrant or make any representations: regarding the accuracy, completeness, currency or reliability of CCA’S WEBSITE(s); any of the information or materials found on CCA’S WEBSITE(s); and/or the use or the results of the use of the information or materials in or on CCA’S WEBSITE(s). CCA disclaims any warranty or representation that CCA’S WEBSITE(s), its servers or any e-mail(s) sent from CCA are free of viruses or other harmful components.
Limitation of Liability
CCA assumes no responsibility for, and shall not be liable for, any damages to, or viruses that may infect, your computer equipment or other property on account of your access to or use of CCA’S WEBSITE(s) or your downloading of any materials or data from the CCA’S WEBSITE(s). In no event shall CCA be liable for any indirect, incidental, consequential, special, exemplary or punitive damages of any kind (including but not limited to lost profits or lost opportunity), whether based in contract, tort, strict liability, or otherwise, which arise out of or is in any way connected with: (i) any use of CCA’S WEBSITE(s) or content found therein or thereon, (ii) any failure or delay [including but not limited to the use of or inability to use any component of CCA’S WEBSITE(s)], or (iii) the performance or non-performance by CCA, even if CCA has been advised of the possibility of such damages.
Jurisdiction / Enforceability
Use of CCA’S WEBSITE(s) shall be governed by and construed in accordance with the laws of the State of Oklahoma as to all matters both substantive and procedural without giving effect to any principles of conflict of laws. Any dispute concerning CCA’S WEBSITE(s) or these terms and conditions shall be subject to the exclusive venue of a court of competent jurisdiction in Oklahoma County, Oklahoma. Your use of CCA’S WEBSITE(s) constitutes your express consent to the personal jurisdiction of such Court for the purpose of resolving any such dispute. Should any provision of these terms and conditions be held invalid, unlawful or for any reason unenforceable, then the invalid, unlawful or unenforceable provision shall be severable from the remaining provisions. Such invalid, unlawful or unenforceable provision shall not affect the validity or enforceability of the remaining provisions.
You agree to defend and hereby indemnify CCA and its respective officers, directors, employees and agents from and against any claim, cause of action or demand, including, without limitation, reasonable legal and accounting fees, brought by or on your behalf or by third parties as a result of your breach of these terms and conditions.
In the event CCA takes legal action against you in order to enforce, protect or defend any of its rights pursuant to these terms and conditions and prevails, you agree to pay all reasonable costs and fees incurred by CCA, including but not limited attorneys’ fees, in addition to any other relief to which CCA may be entitled.