Terms and Conditions of Use
PLEASE READ THE TERMS AND CONDITIONS OF THIS ENTIRE AGREEMENT (COLLECTIVELY, "THE AGREEMENT") CAREFULLY. THE AGREEMENT GOVERNS YOUR USE OF WWW.CNA.COM ("THE CNA WEBSITE" OR "THE SITE") AND THE SERVICES OFFERED THEREON, INCLUDING CNA'S SOCIAL MEDIA PLATFORMS (COLLECTIVELY, THE "CNA SERVICES" OR "THE SERVICES"). CNA (CONTINENTAL CASUALTY COMPANY) AND ITS AFFILIATES (COLLECTIVELY, "CNA") PROVIDE THE SITE AND SERVICES TO YOU SUBJECT TO YOUR COMPLIANCE WITH THIS AGREEMENT. BY USING OR ACCESSING THE SITE OR BY USING THE SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO BE LEGALLY BOUND BY THIS AGREEMENT.
1. USE OF THE CNA WEBSITE AND CNA SERVICES; DISCLAIMERS.
(a) CNA provides the CNA Website and the CNA Services to provide information relating to CNA, as well as insurance products CNA may offer. As a condition to your use of the CNA Website and the CNA Services, you agree that you will not: (i) use the Site or the Services to infringe the intellectual property rights of CNA or others in any way; (ii) use the Site or the Services or make any attempt to penetrate, modify or manipulate the Site or the Services or any of CNA's hardware or software in order to invade the privacy of, obtain the identity of, or obtain any personal information about (including, but not limited to, IP addresses of) any CNA account holder or user, or modify, erase or damage any information contained on the computer of any user connected to the Site or who is using the Services; or (iii) reverse engineer any portion of the Site or information provided about the Services.
(b) The material contained on the CNA Website is provided solely for general informational purposes and is not intended to be a solicitation or an offer to sell any products or services, nor is the material a complete description of all terms, conditions and exclusions applicable to the products and services described. Further, CNA is not engaged in rendering legal or any other advice through the Site or the Services, and you are not a client of CNA merely by visiting the Site or by using the Services. Your insurance needs are no doubt particular to your individual circumstances, and CNA does not purport, by means of the Site or its Services, to offer information appropriate or suitable to your individual circumstances. For complete descriptions of the terms, conditions and exclusions of insurance coverages or other products or services, please contact your independent agent or refer to the particular policy or contract. Please remember that only an insurance policy or contract can provide actual terms, coverages, amounts, conditions, limitations and exclusions. You should also remember that the availability of described coverages and other products and services may be limited by state or other applicable laws and by CNA underwriting criteria. Additionally, in certain cases, references to CNA may include one or more affiliates of CNA; however, any particular insurance policy or other product or service is the responsibility only of the specific CNA affiliate that issues or supplies such policy, product or service.
(c) The information contained on the CNA Website and provided through the CNA Services is believed to be accurate. CNA periodically updates the information on the Site, although it disclaims any responsibility to do so to reflect events or circumstances occurring after the date of their original posting, even if CNA's expectations or any related events or circumstances change. Accordingly, CNA provides all information on the Site and through the Services on an "as is" and "as available" basis and takes no responsibility for the timeliness, accuracy or applicability of the information at the time it may be accessed. The information, examples and suggestions that may be presented on the Site or through the Services have been developed from sources believed to be reliable, but they should not be construed as legal or other professional advice. Please remember that only a relevant insurance policy can provide the actual terms, coverages, amounts, conditions and exclusions for an insured. All products and services may not be available in all states and may be subject to change without notice.
(d) The CNA Website and CNA Services may reference links to, or material from, other internet sites that are not created, published, maintained or otherwise controlled by CNA. These links and linked material are provided solely for the convenience of the users of the Site and Services and do not constitute an endorsement of any products, services or information available on, from or through such non-CNA internet sites. The Site and Services may also reference links to, or material from, entities affiliated with CNA. This Agreement applies only to the Services offered on the Site. Your use of any website not under the domain name "cna.com" will be subject to the terms and conditions posted on that particular website. CNA takes no responsibility and assumes no liability or obligation for any content posted by any third party or on any third party website, nor does CNA approve, endorse or certify information available at any external websites or linked addresses.
2. COPYRIGHTS AND TRADEMARKS
(a) All content included on the CNA Website and as used with the CNA Services, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, as well as the compilation of all content on the Site and all software used on the Site and in conjunction with the Services, are the property of CNA, its affiliates or its content suppliers, and are protected by United States and international copyright laws. Trademarks owned by CNA or its affiliates, including but not limited to, the CNA logo, and all other trademarks, service marks, logos, and trade names of CNA or its affiliates appearing on this Site (collectively, "Marks") are owned by CNA, its affiliates or its licensors. Nothing in this Agreement or on the CNA Website or through use of the CNA Services grants you any right or license to make any use of any materials or Marks identified on the Site or in connection with your use of the Services, except as described in the remainder of this Section 2.
(b) You are authorized only to visit, view and retain a single copy of pages of the CNA Website solely for your own individual, noncommercial use, and you agree that you will not duplicate, download, publish, modify or otherwise distribute any material from the Site or the CNA Services for any purpose other than your own individual, noncommercial use, unless you obtain CNA's prior written consent. None of the legal notices and various credits posted on the pages of the Site or in the Services may be removed under any circumstances.
(c) You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of the CNA Website provided: (i) the link does not portray CNA, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter; and (ii) the link does not use any of the Marks without CNA's prior written consent.
(d) Notwithstanding any of the foregoing provisions of this Section 2, you (i) may not frame or utilize framing techniques to enclose any Marks or (ii) use any meta tags or any other hidden text utilizing the Marks, unless you have CNA's prior written consent.
3. PROHIBITED ACTIVITIES ON THE CNA WEBSITE AND WHEN USING THE CNA SERVICES
As a condition of your use of the CNA Website and the CNA Services, you agree that you will not restrict or inhibit any other user from using and enjoying the Site, the Services or any other CNA property or system, or use the Site or any of the Services to: (a) engage in or encourage conduct that would constitute a criminal offense or give rise to civil or criminal liability; (b) distribute in any manner any harmful, obscene, defamatory or otherwise illegal or objectionable material of any kind; (c) spoof or otherwise impersonate any individual or entity, or forge, delete or alter any part of the TCP/IP packet header information in any e-mail or other posting; (d) harvest, collect or store user information on the Site including, but not limited to, e-mail addresses; (e) violate or attempt to violate, the security of the Services; (f) infringe upon or misappropriate any person's copyright, patent, or other intellectual property, trade secret, or other proprietary rights (in which event you may be ordered by a court to pay money damages to the rightful owner of any such rights you violate); or (g) assist or permit any persons in engaging in any of the activities described above.
4. CONSEQUENCES OF UNACCEPTABLE USE
With regard to any alleged or actual illegal activities by you involving the CNA Website or any of the CNA Services, CNA reserves all rights including, without limitation, the following: (a) the right to investigate and to involve and cooperate with law enforcement authorities; (b) the right to pursue a civil lawsuit or criminal prosecution for any alleged or actual illegal activities; and (c) the right to terminate your access to the Site or the Services.
5. INFORMATION YOU SUBMIT
(a) CNA uses the information you submit to CNA by e-mail and through CNA's "Contact CNA" pages and other pages CNA may add from time to time, to respond to your inquiries for information or requests for CNA Services. CNA's use of any information you submit to CNA through the Site in order to use the Services is also subject to CNA's Privacy, the provisions of which are incorporated by reference into this Agreement and shall apply to your use of the Site and the Services. Notwithstanding the foregoing, CNA reserves the right at all times to disclose any information as CNA determines, in its sole discretion, to be necessary to satisfy any law, regulation or governmental request or to avoid liability for CNA or any third party.
(b) When you complete forms online or otherwise provide CNA information in connection with the CNA Website and the CNA Services, you agree to provide current, complete, true and accurate information. You agree not to use a false or misleading name or a name that you are not authorized to use. If CNA, in its sole discretion, believes that any such information is untrue, inaccurate, not current or incomplete, CNA may refuse your access to the Site and Services and may pursue any and all appropriate legal and equitable remedies.
(c) The CNA Website may use "cookies" (i.e., small files that are stored by your Web browser to help a particular system recognize you and the pages you visit in the CNA Website) to store certain personal preferences for your future visits to the CNA Website. Cookies tell CNA, among other things, whether you have visited the Site before. In some cases, CNA may store the information needed to grant you access in a cookie. Cookies allow the CNA Website to recognize you more quickly so your time spent on the Site is more productive. You can learn more about cookies at http://www.cookiecentral.com. CNA may monitor data as may be necessary to meet legal, federal, state and other regulatory requirements.
6. WARRANTY DISCLAIMER
YOUR ACCESS AND USE THE CNA WEBSITE AND USE OF ANY OF THE CNA SERVICES IS AT YOUR SOLE RISK. THE SITE AND THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR NON-MISAPPROPRIATION OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, ACCURACY OF INFORMATIONAL CONTENT, OR SYSTEM INTEGRATION. CNA DOES NOT WARRANT THAT THE SITE OR THE SERVICES WILL BE AVAILABLE OR OPERATE IN AN UNINTERRUPTED OR ERROR-FREE MANNER OR THAT ERRORS OR DEFECTS WILL BE CORRECTED. CNA DOES NOT WARRANT THAT INFORMATION AVAILABLE ON OR THROUGH THE SITE OR SERVICES IS APPROPRIATE, ACCURATE OR AVAILABLE FOR USE IN ANY PARTICULAR JURISDICTION, AND ACCESSING IT FROM JURISDICTIONS WHERE ITS CONTENT IS ILLEGAL IS EXPRESSLY PROHIBITED.
Please note that some jurisdictions do not allow exclusion of certain implied warranties, so the above exclusions may not apply to you. In addition, you should open and review the separate General Disclaimer governing the CNA Website and the CNA Services, for the provisions thereof are incorporated by reference into this Agreement and shall apply to your use of the Site and the Services.
7. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT CNA SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL EXEMPLARY OR OTHER DAMAGES ARISING OUT OF OR IN ANY WAY RELATED TO THIS AGREEMENT OR THE USE OF THE CNA WEBSITE AND ANY OR ALL OF THE CNA SERVICES INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF CNA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). TO THE EXTENT THE FOREGOING LIMITATION OF LIABILITY IS, IN WHOLE OR IN PART, HELD TO BE INAPPLICABLE OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF CNA FOR ANY REASON AND UPON ANY CAUSE OF ACTION (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE, STRICT LIABILITY AND OTHER ACTIONS IN CONTRACT OR TORT) ARISING OUT OF OR IN ANY WAY RELATED TO THIS SITE, THE SERVICES OR THIS AGREEMENT SHALL BE LIMITED TO YOUR DIRECT DAMAGES ACTUALLY INCURRED UP TO A MAXIMUM OF TWO HUNDRED FIFTY DOLLARS ($250.00). THE LIMITATION OF LIABILITY HEREIN APPLIES TO ALL LIABILITIES IN THE AGGREGATE INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM YOUR USE OR YOUR INABILITY TO USE THE SITE OR THE SERVICES, OR ANY OTHER MATTER ARISING FROM OR RELATING TO THE SITE OR THE SERVICES.
BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE AN INDIVIDUAL OR ENTITY DOING BUSINESS IN CALIFORNIA, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE §1542, AS MAY BE AMENDED FROM TIME TO TIME, WHICH AS OF THE POSTING OF THIS AGREEMENT PROVIDES AS FOLLOWS: "A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his settlement with the debtor."
You agree to indemnify and hold CNA harmless, and, at CNA's request, to defend CNA from and against any claim, demand, cause of action, debt, loss or liability including, without limitation, reasonable attorneys' fees, to the extent that any of the foregoing is based upon, arises out of, or relates to: (a) your use of (or inability to use) the CNA Website or the CNA Services; (b) your violation of the terms and conditions of this Agreement; (c) the infringement by you, or any other person using your password and account, of any right of any person or entity; or (d) any other activities of yours accomplished using the Site or the Services. This indemnity shall be in addition to and not limited by any other indemnity.
9. ORDER OF PRECEDENCE
This Agreement governs your use of the CNA Website and the CNA Services. To the extent that any provision of this Agreement, or any supplemental agreement offered as any part of any registration for additional Services on the Site, conflicts with any provision of other agreements between you and CNA, the terms of this Agreement, shall, as to the specific subject matter of this Agreement, take precedence over any conflicting terms of such other agreement.
10. APPLICABLE LAWS
The CNA Website and the CNA Services are controlled by CNA from its offices within the state of Illinois and is intended for viewing only in the United States. Subject to the provisions of Sections 6, 7 and 9 above, the internal substantive laws of the state of Illinois will govern this Agreement and any dispute arising hereunder without regard to any conflict of laws principles.
11. DISPUTE RESOLUTION
If a dispute arises out of or relates to this Agreement or its breach (with the exception of rights to injunctive relief with respect to intellectual property rights and obligations with respect to confidentiality), and the parties have not been successful in resolving the dispute through direct negotiation, then (a) the dispute shall be resolved by arbitration administered by the American Arbitration Association (or any successor entity) under its Commercial Arbitration Rules, as amended from time to time, solely to the extent such Rules are not in conflict with the provisions of this Agreement, (b) any judgment on the award rendered by the arbitrator(s) may be entered in any court of competent jurisdiction, (c) the location of the arbitration shall be Chicago, Illinois, USA, and (d) the parties shall have the right to take discovery of the other party by any method allowed by the Federal Rules of Civil Procedure, although in an effort to expedite the arbitration proceeding, as well as to minimize the parties' attorneys' fees and other costs, the arbitrator(s) presiding over any such arbitration shall, to the extent equitable, restrict the type and amount of discovery in which the parties may engage. The arbitrator(s) shall each be a natural person who has never been employed (either as an employee or as an independent consultant) by either of the parties, or any parent, subsidiary or affiliate thereof. The arbitrator(s) may upon request exclude from the arbitration proceeding any evidence not made available to the other party pursuant to a proper discovery request. The cost of the arbitration shall be borne equally by the parties pending the award. Upon the decision of the arbitrator(s), the prevailing party shall be entitled to receive from the other party its reasonable attorneys' fees and costs. The parties, their representatives, other participants, the arbitrator(s) and the administrator(s) of the arbitration shall hold in confidence the existence, content and outcome of the arbitration.
(a) CNA may amend this Agreement or any other notices, policies, terms and conditions on the CNA Website at any time by posting the changes to the Site or other reasonable means. Accordingly, you should visit the Site from time to time to review the then-current and effective terms and conditions of this Agreement because they are binding upon you. Certain provisions of this Agreement may be superseded by expressly designated legal notices or terms located on particular pages of the Site or in conjunction with the Services.
(b) No delay or failure by CNA to take action or exercise any rights under this Agreement or applicable law shall constitute a waiver thereof, nor shall any single or partial exercise thereof preclude any other or further exercise thereof or the exercise of any other right hereunder.
(c) Subject to the provisions of Sections 9 and 12(a) of this Agreement, this Agreement constitutes the entire agreement between you and CNA with respect to the specific subject matter addressed herein, and governs your use of the CNA Website and the CNA Services, superseding any prior agreements between you and CNA relating to such subject matter. Notwithstanding the foregoing, this Agreement may be supplemented by any other agreement you enter into with CNA pursuant to a registration to access certain features of the Site or the Services.
(d) If any provisions of this Agreement are found by a court or arbitration panel of competent jurisdiction to be invalid or unenforceable, they shall be to that extent severed from this Agreement such that the remainder thereof shall remain in full force and effect and shall continue to bind the parties.
(e) The section headings used in this Agreement are for convenience only and have no legal or contractual effect. As appropriate to the text and the context of this Agreement, references to the plural shall include the singular, references to the masculine shall include the feminine and neuter gender, and statements in the disjunctive shall include the conjunctive, and vice versa.
(f) The CNA Website and the CNA Services are not intended for use by minors, including children under the age of 13, and CNA does not knowingly collect personal information from children under the age of 13. IF YOU ARE NOT LEGALLY AN ADULT UNDER THE GOVERNING LAWS WHERE YOU LIVE, YOU MAY NOT ACCESS THE CNA WEBSITE OR USE THE CNA SERVICES AND SHOULD IMMEDIATELY DISCONTINUE YOUR ACCESS AND USE THEREOF.
"CNA" is a service mark registered by CNA Financial Corporation with the United States Patent and Trademark Office. Certain CNA Financial Corporation subsidiaries use the "CNA" service mark in connection with insurance underwriting and claims activities.
Copyright © 2015 CNA. All rights reserved.