Atlantic Casualty Insurance Company Terms of Use
Last revised as of August 2026.
Please read these Terms of Use carefully before you start using this atlanticcasualty.net and any related sub-pages (collectively, the “website” or “site”). We will refer to our website and its related functionality as our “Online Services.” These Terms of Use will, among other things:
- Outline your legal rights regarding our Online Services,
- Explain the rights you give to us when you use our Online Services, and
- Establish how disputes or lawsuits will be handled and include waivers and limitations regarding your ability to bring claims against us.
By using our Online Services, you agree to be bound and abide by these Terms of Use and consent to having your personal information collected and processed in accordance with our Privacy Policy, which can be found at https://www.atlanticcasualty.net/privacy/. If you do not agree to these Terms of Use or the Privacy Policy, you must not access or use our Online Services.
The terms of conditions of these Terms of Use are outlined below:
- Acceptance of the Terms of Use
- Agreement to be Bound
- Revisions to these Terms of Use
- Limitations on Actions
- Dispute Resolution, Choice of Law, Jurisdiction, and Venue
- Limited Use
- Controlling Insurance Policy Terms and Conditions
- Permitted and Non-Permitted Uses of our Online Services
- Use of Materials
- Information Entered Through Our Online Services
- Availability and Service Limitations
- Monitoring and Enforcement; Termination
- Reliance on Information Posted
- Responsibility for Your Login Credentials
- Copyrights and Other Intellectual Property
- DMCA Copyright
- Partial Invalidity
- Waiver
- Limitation of Liability
- Indemnity
- Assignment
- Entire Agreement
- Web Accessibility Statement
- Acceptance of the Terms of Use
When we refer to “Atlantic Casualty”, “we,” “us,” or “our,” we mean Atlantic Casualty Insurance Company®. When we refer to “you,” “your,” or “user,” we mean the person accessing our Online Services. If the person accessing our Online Services does so on behalf of, or for the purposes of, another person, including a business or other organization, “you” or “your” also means that other person, including a business organization.
These are the Terms of Use (“Terms”) that apply to your use of our Online Services, including any content and functionality. These Terms apply whether you are a registered user or just browsing.
- Agreement to be Bound
By accessing our Online Services, continuing to access our Online Services, or downloading materials from our Online Services, you agree to abide by these Terms. If you do not agree to abide by these Terms, do not use our Online Services or download materials from our Online Services.
- Revisions to these Terms of Use
We reserve the right, at our sole discretion and without any notice, to change, modify, add, or remove any portion of these Terms at any time. Changes in these Terms will be effective when the revised Terms are posted on this website and/or otherwise communicated to you. Your use or continued use of our Online Services after any changes to these Terms are posted will be considered acceptance of those changes. However, any changes to the dispute resolution provisions set out in the Dispute Resolution, Choice of Law, Jurisdiction, and Venue provisions below will not apply to any disputes for which the parties have actual notice before the date the change is posted. IT IS YOUR OBLIGATION TO REVIEW THESE TERMS FROM TIME TO TIME IN ORDER TO REMAIN AWARE OF ANY CHANGES, AS THEY ARE BINDING ON YOU.
- Limitations on Actions
YOU MUST COMMENCE ANY SUIT OR OTHER ACTION IN CONNECTION WITH YOUR USE OF OUR ONLINE SERVICES WITHIN ONE YEAR AFTER EVENTS GIVING RISE TO THE CLAIM OR CAUSE OF ACTION OCCUR; . IN NO EVENT SHALL THESE TERMS SERVE TO CREATE OR EXTEND TO ANY USER ANY PRIVATE CLAIM OR CAUSE OF ACTION AGAINST US OR OUR AGENTS. EXCEPT FOR POLICYHOLDERS HAVING A
LEGAL RIGHT TO BRING A SUIT OR OTHER ACTION AGAINST US WITHIN A STATE WHERE A POLICY IS ISSUED, YOU IRREVOCABLY CONSENT TO THE DISPUTE RESOLUTION, CHOICE OF LAW, JURISDICTION AND VENUE PROVISIONS BELOW.NOTHING IN THESE TERMS IS INTENDED TO LIMIT, WAIVE, ABRIDGE, OR RESTRICT ANY NON-WAIVABLE RIGHTS, REMEDIES, CLAIMS, OR LIMITATIONS PERIODS YOU MAY HAVE UNDER APPLICABLE FEDERAL, STATE, OR LOCAL CONSUMER PROTECTION LAWS.
- Dispute Resolution, Choice of Law, Jurisdiction, and Venue
Please read this section carefully – it significantly affects your legal rights, including your right to file a lawsuit in court.
Subject to the terms of this Section, the laws of the State of Michigan and the federal laws of the United States govern these Terms. In regard to any suit or action permitted to be filled in a court, any suit or other action arising out of, or in any way connected with, your use of our Online Services may be brought only in the exclusive jurisdiction of the Circuit Court in the County within which the home office of Atlantic Casualty Insurance Company is located at the time of any dispute, or the Western District of Michigan Federal District Court.
However, you and Atlantic Casualty agree that most disputes that arise between us and that cannot be resolved informally shall be resolved through binding individual arbitration with limited exceptions as set forth below. Arbitration is less formal than a lawsuit in court, uses a single neutral arbitrator instead of a judge or jury, and discovery and appellate review is more limited. This section also includes a class action waiver and jury trial waiver. For the avoidance of doubt, this section survives termination of these Terms and your relationship with Atlantic Casualty.
It is Atlantic Casualty’s goal that we meet your expectations; however, there may be instances when you have a problem or dispute that needs special attention. In those instances, Atlantic Casualty is committed to working with you to reach a reasonable resolution that satisfies you; however, we can only do this if we know about and understand your issue. Therefore, for any problem, claim, or dispute that you may have with or against Atlantic Casualty (a “Dispute,” as defined below), you acknowledge and agree that you will first give Atlantic Casualty an opportunity to informally resolve your Dispute as set forth below in this section. Atlantic Casualty agrees that it will do the same as to any Dispute that it might have with you. “Dispute” means any dispute, claim or controversy between you and Atlantic Casualty, its affiliates and subsidiaries arising out of or relating to these Terms, your access or use of our Online Services, or the use, privacy, security or confidentiality of your data collected through the Online Services. Dispute shall include: (a) any dispute or claim that arose before the existence of this or any prior agreement (including any claims related to advertising); (b) any dispute or claim that is currently the subject of any class action litigation in which you are not a member of a certified class; and (c) any dispute or claim that may arise after termination of these Terms. Dispute, however, does not include disputes or claims concerning patents, copyrights, trademarks, and trade secrets, publicity, and claims of piracy or unauthorized use of intellectual property. These Terms and the arbitration agreement do not prevent you from bringing a Dispute to the attention of a government agency.
a. Mandatory Informal Dispute Resolution Process
Before submitting a demand for arbitration in accordance with the provisions set forth in this section, if either you or Atlantic Casualty has a Dispute with the other party, that party shall first provide the other party with a written notice related to that Dispute (“Notice”). If you have a Dispute with Atlantic Casualty, you agree to provide Atlantic Casualty with the Notice by sending the Notice by certified mail to the following address: Atlantic Casualty Insurance Company, Attn: Compliance, 400 Commerce Court, Goldsboro, NC 27534. If we have a Dispute with you, we will provide you with the Notice by sending it to the most recent contact information we have on file for you. A Notice must include all of the following: (a) a detailed description of the Dispute; (b) the nature and basis of the claim(s); (c) the relief sought and a calculation for it; (d) information sufficient for Atlantic Casualty or you to identify any relevant transactions, accounts, or experiences; and (e) the party’s mailing address, email address, and a phone number. Any Notice that you submit must be signed by you and any Notice that Atlantic Casualty submits must be signed by an Atlantic Casualty representative. If you want Atlantic Casualty to speak with your representative, please also provide Atlantic Casualty with a signed authorization to do so.
During the informal dispute resolution process, should the party receiving the Notice make a request, both parties shall participate in an individualized telephonic settlement conference to facilitate potential resolution of the Dispute. You agree to personally attend any such conference (along with counsel if represented) if Atlantic Casualty makes such a request, and we agree to have an Atlantic Casualty representative personally attend any such conference (along with counsel if represented) if you make such a request. You and we agree to negotiate in good faith in an effort to resolve any Dispute. This should lead to resolution, but if for some reason the Dispute is not resolved satisfactorily within sixty (60) days after receipt of a compliant Notice, you and Atlantic Casualty agree to the further dispute resolution provisions below. Both you and Atlantic Casualty agree that this informal dispute resolution process is mandatory and a condition precedent that must be satisfied before initiating arbitration. Any applicable limitations period (including statutes of limitations) will be tolled for 60 days from the time a fully compliant Notice is served on the other party unless the parties mutually agree to extend that period. A court of competent jurisdiction shall have the power to enforce this condition precedent to arbitration, including the power to enjoin the filing or prosecution of arbitration and the assessment and collection of arbitration fees. If the sufficiency of a Notice or compliance with this informal dispute resolution process is at issue and a party elect to have that issue decided by a court, then any arbitration shall be automatically stayed pending resolution of that issue. Nothing in this paragraph limits the right of a party to seek damages for non-compliance with this mandatory informal process in arbitration. You or Atlantic Casualty may commence arbitration if the Dispute is not resolved through this process.
b. Agreement to Binding Individual Arbitration.
You and Atlantic Casualty agree that subject to the limited exceptions set forth in these Terms, the sole and exclusive forum for any and all Disputes between you and Atlantic Casualty shall be final and binding individual arbitration and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The arbitrator shall decide all issues except that are reserved for a court in these Terms. These Terms and the arbitration agreement do not prevent you from bringing a Dispute to the attention of a government agency.
c. Exception – Small Claims Court.
Notwithstanding the foregoing, either party retains the right to have a Dispute heard in small claims court provided the Dispute falls within the jurisdictional limits of that court and otherwise qualifies for that court, seeks individualized relief, and so long as the action remains in that court and is not removed or appealed to a court of general jurisdiction. Whether a Dispute falls within the jurisdiction of small claims court is for the small claims court to decide in the first instance and otherwise for a court of competent jurisdiction to decide.
d. Arbitration Procedures.
You and Atlantic Casualty acknowledge that this section of these Terms affects interstate commerce and that the Federal Arbitration Act (“FAA”) and federal arbitration law (and not state arbitration law) apply (despite any other choice of law provision). Arbitration under these Terms shall be administered by the American Arbitration Association (the “AAA”) in accordance with the then-current AAA Consumer Arbitration Rules (including applicable AAA Supplementary Rules), which are available at https://www.adr.org/Rules or by calling 1-800-778-7879, as modified by these Terms. A single arbitritrator shall perform the arbitration. If the AAA determines that any provision of this arbitration agreement does not substantially and materially comply with the AAA Consumer Due Process Protocol or the AAA Consumer Arbitration Rules, the parties agree that the noncompliant provision shall be severed or modified to the minimum extent necessary for the AAA to administer the arbitration, unless the provision is identified in these Terms as non-severable. If the AAA is unavailable or declines to administer the arbitration for reasons unrelated to Atlantic Casualty’s failure to comply with AAA requirements, the parties shall select a substitute arbitration administrator that will administer the arbitration under procedures materially consistent with the AAA Consumer Arbitration Rules. If the parties cannot agree on a substitute administrator, either party may petition a court of competent jurisdiction to appoint one.
The applicable AAA rules will govern the payment of AAA fees unless applicable law requires a different allocation of fees in order for this arbitration provision to be enforceable. If you are unable to pay your share of the AAA fees, we will consider a request to reimburse them so long as your claim is not held by an arbitrator to be frivolous or brought for an improper purpose. You and Atlantic Casualty agree that the parties have a shared interest in reducing the costs and increasing the efficiencies associated with arbitration. Therefore, you or Atlantic Casualty may elect to negotiate with the AAA regarding arbitration fees, and you and we agree to work together in good faith to ensure that arbitration remains cost-effective for all parties.
The arbitration demand must be signed by either (a) the claimant if the claimant is unrepresented, or (b) the claimant’s attorney if the claimant is represented. By signing the arbitration demand, the claimant, or the claimant’s attorney certifies to the best of their information, knowledge, and belief, formed after a reasonable inquiry under the circumstances that: (a) the arbitration demand is not being presented for any improper purpose, such as to harass, cause unnecessary delay, or needlessly increase the cost of arbitration; (b) the claims or other legal contentions are warranted by existing law or by a nonfrivolous argument for extending, modifying, or reversing existing law
or for establishing new law; and (c) the factual contentions have evidentiary support or, if specifically so identified, will likely have evidentiary support after reasonable opportunity for further investigation or discovery. The arbitrator is authorized to award any relief or impose any sanctions available under Federal Rule of Civil Procedure 11 or applicable federal or state law against all parties and counsel.
The parties agree that the arbitrator may award the same relief available in court provided that such relief (including declaratory or injunctive relief) shall only be in favor of the individual party seeking relief and only to the extent necessary to provide the relief warranted by that party’s individual claim.
YOU AND WE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, REPRESENTATIVE, COLLECTIVE, OR PRIVATE ATTORNEY GENERAL PROCEEDING IN ARBITRATION OR IN LITIGATION. FURTHER, UNLESS YOU OR WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE ANY PERSON’S OR ENTITY’S CLAIMS WITH THOSE OF ANOTHER PERSON OR ENTITY AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CLASS, REPRESENTATIVE, COLLECTIVE, OR PRIVATE ATTORNEY GENERAL PROCEEDING. IF AFTER EXHAUSTION OF ALL APPEALS ANY OF THESE PROHIBITIONS ON NON-INDIVIDUALIZED RELIEF; CLASS, REPRESENTATIVE, COLLECTIVE, AND PRIVATE ATTORNEY GENERAL CLAIMS; AND CONSOLIDATION IS FOUND TO BE UNENFORCEABLE AS TO A PARTICULAR CLAIM OR WITH RESPECT TO A PARTICULAR REQUEST FOR RELIEF (SUCH AS A REQUEST FOR INJUNCTIVE RELIEF), THEN THE PARTIES AGREE THAT SUCH A CLAIM OR REQUEST FOR RELIEF SHALL BE DECIDED BY A COURT AFTER ALL OTHER CLAIMS AND REQUESTS FOR RELIEF ARE ARBITRATED.
If no disclosed claim or counterclaim exceeds $25,000, the arbitration shall be resolved by submission of documents only, unless the parties agree otherwise or the arbitrator determines that a hearing is necessary. For Disputes involving $25,000 or more, or where the arbitrator determines that a hearing is necessary, the hearing shall be conducted virtually, by telephone, or by video conference, unless the parties agree otherwise or the arbitrator determines that an in-person hearing is appropriate. Any in-person hearing shall be conducted in North Carolina, unless the parties agree otherwise or the arbitrator determines otherwise under the AAA Consumer Arbitration Rules.
You and Atlantic Casualty reserve the right to request a hearing in any matter from the arbitrator. You and an Atlantic Casualty representative shall appear at any hearing (with counsel if represented). Any facts, evidence, documents, or testimony introduced or produced in an arbitration proceeding may be used only in that proceeding and may not be disclosed, introduced, or used in another arbitration proceeding even if it involves the same or similar claims. The parties agree that the arbitration proceedings will be kept confidential and that the existence of the proceeding and any element of it (including, without limitation, any pleadings, briefs or other documents submitted or exchanged and any testimony or other oral submissions and awards) will not be disclosed beyond the arbitration proceedings, except as may lawfully be required in judicial proceedings relating to the arbitration, by applicable disclosure rules and regulations of securities
regulatory authorities or other governmental agencies, or as specifically permitted by state law. The parties also agree that the arbitrator will not be bound by rulings in any prior arbitrations not involving the same parties, even if they involved the same or similar claims.
The arbitrator may not award relief to anyone who is not a party to the proceeding. The arbitrator may award any remedy, relief, or outcome that would be available in court on an individual basis, including attorneys’ fees and costs, only to the extent authorized by applicable law and the AAA Consumer Arbitration Rules. The arbitrator may award administrative fees, arbitrator compensation, or arbitration expenses to Atlantic Casualty only if required by applicable law or if the arbitrator determines that the consumer’s claim was filed for purposes of harassment or is patently frivolous. The provisions of Fed. R. Civ. P. 68 shall be applied by the arbitrator after entry of an award. The arbitrator shall be bound by these Terms as a court would and shall issue a reasoned, detailed decision explaining the essential findings and conclusions on which the award is based. The arbitration award shall be binding only as to the parties and shall have no preclusive effect in any other arbitration or proceeding to which you are not a named party. Judgment on any arbitration award may be entered in a court of competent jurisdiction, except that an award that has been satisfied may not be entered.
e. Additional Procedures for Mass Arbitration Filings.
If twenty-five (25) or more claimants (including you) submit Notices or seek to initiate arbitrations raising similar claims against Atlantic Casualty and are represented by the same or coordinated counsel or are otherwise coordinated (“Mass Arbitration”), you agree that AAA-ICDR’s Mass Arbitration Supplementary Rules shall apply, as modified herein. The parties agree that as part of these procedures, the resolution of your Dispute might be delayed and ultimately proceed in court. The parties agree that as part of these procedures, their counsel shall meet and confer in good faith in an effort to resolve the Disputes, streamline procedures, address the exchange of information, modify the number of Disputes to be adjudicated through arbitration, and conserve the parties’ and the AAA’s resources. If you elect to bring your Dispute as part of a Mass Arbitration, any applicable limitations periods (including statutes of limitations) shall be tolled for your Dispute from the time that your Dispute is first submitted to the AAA until your Dispute is selected to proceed as part of a staged process or is settled, withdrawn, otherwise resolved, or opted out of arbitration pursuant to this provision. If the AAA determines that any portion of these procedures is inconsistent with the AAA Consumer Arbitration Rules, the AAA Consumer Due Process Protocol, or any applicable AAA supplementary rules, that portion shall be severed or modified to the minimum extent necessary for the AAA to administer the arbitrations, unless a court of competent jurisdiction determines that the provision is non-severable under this Section.
i. Stage One.
If at least 50 Disputes are submitted as part of the Mass Arbitration, counsel for the claimants and counsel for Atlantic Casualty shall each select 25 Disputes to be filed and to proceed as cases in individual arbitrations as part of this initial staged process. The number of Disputes to be selected to proceed in Stage One can be increased by agreement of counsel for the parties (and if there are fewer than 50 Disputes, all shall proceed individually as part of Stage One). Each of the 50 (or fewer) cases shall be assigned to a different arbitrator and proceed individually. If a case is withdrawn before the issuance of an award, another claim shall be selected to proceed as part of
Stage One. The remaining Disputes shall not be filed or deemed filed in arbitration nor shall any arbitration fees be assessed or collected in connection with those claims. After this initial set of staged proceedings, counsel for the parties shall participate in a global mediation session with a retired state or federal court judge jointly selected by counsel in an effort to resolve all remaining Disputes, and Atlantic Casualty shall pay the mediator’s fee.
ii. Stage Two.
If the remaining Disputes have not been resolved at the conclusion of Stage One, counsel for the claimants and counsel for Atlantic Casualty shall each select 50 Disputes per side to be filed and to proceed as cases in individual arbitrations as part of this second staged process. The number of Disputes to be selected to proceed in Stage Two can be increased by agreement of counsel for the parties (and if there are fewer than 100 Disputes, all shall proceed individually as part of Stage Two). Each of the 100 (or fewer) cases shall be assigned to a different arbitrator unless counsel for the parties agree otherwise and shall proceed individually. If a case is withdrawn before the issuance of an award, another claim shall be selected to proceed as part of Stage Two.
Only the staged cases selected under these procedures shall proceed actively during each stage, and the remaining cases shall be stayed or held in abeyance. Any filing, administrative, case-management, arbitrator-compensation, or other fees shall be assessed and paid as required by the AAA Consumer Arbitration Rules, any applicable AAA supplementary rules, and applicable law. After this second set of staged proceedings, counsel for the parties shall participate in a second global mediation session with a retired state or federal court judge jointly selected by counsel in an effort to resolve all remaining Disputes, and Atlantic Casualty shall again pay the mediator’s fee.
Upon the completion of the mediation set forth in Stage Two, each remaining Dispute (if any) that is not settled or withdrawn shall be opted out of arbitration and may proceed in a court of competent jurisdiction consistent with the remainder of these Terms. Notwithstanding the foregoing, counsel for the parties may mutually agree in writing to proceed with the adjudication of some or all of the remaining Disputes in individual arbitrations consistent with the process set forth in Stage Two (except Disputes shall be randomly selected and mediation shall be elective by agreement of counsel) or through another mutually agreeable process. A court of competent jurisdiction shall have the authority to enjoin the filing or prosecution of arbitrations and the assessment or collection of arbitration fees.
The Additional Procedures for Mass Arbitration Filings provision and each of its requirements are essential parts of this arbitration agreement. If, after exhaustion of all appeals, a court of competent jurisdiction decides that the Additional Procedures for Mass Arbitration Filings apply to your Dispute and are not enforceable, then your Dispute shall not proceed in arbitration and shall proceed in a court of competent jurisdiction consistent with the remainder of these Terms.
f. Future Changes to Arbitration Agreement.
If we make any future changes to this arbitration agreement (other than a change to our contact information), you may reject any such change by sending your personally signed, written notice to the following address by certified mail within 30 days of the change: Atlantic Casualty Insurance
Company, Attn: Compliance, 400 Commerce Court, Goldsboro, NC 27534. Such written notice does not constitute an opt out of arbitration altogether. By rejecting a future change, you are agreeing that you will arbitrate any Dispute as between you and Atlantic Casualty in accordance with this version of the arbitration agreement.
g. Class Action Waiver And Jury Trial Waiver.
You and Atlantic Casualty each agree that any proceeding, whether in arbitration or litigation in court, will be conducted only on an individual basis and not in a class, collective, consolidated, private attorney general, or representative action. You and we agree to waive any right to bring or to participate in such an action in arbitration or in court to the fullest extent permitted by applicable law. Notwithstanding the foregoing, the parties retain the right to participate in a class-wide settlement.
To the fullest extent permitted by law, you and Atlantic Casualty waive the right to a jury trial.
- Limited Use
Our Online Services are controlled, operated, and administered by us from offices within the United States of America and for the purpose of servicing our policyholders and assisting independent insurance agents or brokers, as applicable, in the marketing and promoting of our products and services solely in states in which we write business. We make no representation that our products and services or the materials available through Online Services are appropriate or available in all states.
- Controlling Insurance Policy Terms and Conditions
All coverage information provided through our Online Services is in general terms and is superseded in all respects by the insuring agreements, exclusions and conditions of the policy. Some coverages or discounts may not be applicable in all states or may have to be modified to conform to applicable state law. Some coverages or discounts may have been eliminated or modified since the posting on this site. The issuing, renewal, or cancellation of any insurance policy, policy terms and conditions, and rates are subject to underwriting review.
- Permitted and Non-Permitted Uses of our Online Services
You may use our Online Services only for lawful purposes and in accordance with these Terms. You agree not to use our Online Services:
- In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the U.S. or other countries).
- To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of our Online Services, or which, as determined by us, may harm us, our users and customers, or expose any of the same to liability.
- To violate (or help or encourage others to violate) these Terms or our other policies.
Additionally, you agree not to:
- Use our Online Services in any manner that could disable, overburden, damage, or impair our Online Services or interfere with any other party’s use of our Online Services.
- Use any robot, spider, or other automatic device, process, or means to access our Online Services for any purpose, including monitoring or copying any of the material on our Online Services.
- Use any manual process to monitor or copy any of the material available through our Online Services, or for any other purpose not expressly authorized in these Terms, without our prior written consent.
- Use any device, software, or routine that interferes with the proper working of our Online Services.
- Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
- Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of our Online Services, the servers on which our Online Services are stored or provided, or any server, computer, or database connected to our Online Services.
- Attack our Online Services via a denial-of-service attack or a distributed denial-of-service attack.
- Otherwise attempt to interfere with the proper working of our Online Services.
Accessing or using our Online Services via mechanical, programmatic, robotic, scripted or any other automated means is strictly prohibited. Use of our Online Services is permitted only via individual users and materials may not be collected via automated or robotic methods. Our Online Services and materials contained therein may not be used for the development, training, testing, validation, improvement or deployment of any artificial intelligence tool, including any and all training, self-improving, or machine learning software, models, algorithms, hardware or other artificial intelligence tools or aids of any kind. Artificial intelligence tools include, but are not limited to, systems that characterize structured or unstructured data; generate summaries, inferences, or decisions; or generate text or images, including within any generative artificial intelligence solution.
- Use of Materials
We authorize you to view and download materials from our Online Services only for your use in connection with the lawful engagement, purchase or evaluation of our products and services. This authorization is not a transfer of any rights in the materials. Any copies you make of the materials (including by printing or by retaining electronic copies) are subject to the following restrictions:
- You may not remove, or disassociate, from any of the materials our name or any copyright or other proprietary notices contained in the materials; and
- Whether for profit or not, you may not modify, reproduce, display, perform, distribute, transfer, prepare derivative works from the materials, or otherwise use the materials or transfer the materials to any other person for any purpose not expressly permitted by these Terms.
- Information Entered Through Our Online Services
To the extent that you provide to us any third party or consumer information by submitting it to us or using it through our Online Services, including information about or relating to an individual:
- You represent and warrant to us that you own, or possess sufficient rights in, or the authority to provide us with, all such information; and
- You grant to us an exclusive, irrevocable, worldwide, fully-paid, royalty-free license to use, reproduce, display, publicly perform, prepare derivative works from, transmit and distribute such information as we see fit for the purpose of underwriting, issuing and/or servicing the products or services we provide.
- Availability and Service Limitations
We shall make reasonable efforts to keep our Online Services operational. However, certain technical difficulties, maintenance or testing, or updates required to reflect changes in relevant laws and regulatory requirements, may, from time to time, result in temporary interruptions. We reserve the right, periodically and at any time, to modify or discontinue, temporarily or permanently, any site, including the availability of any functions and/or features of any site, with advance notice where possible, all without liability to you, except where prohibited by law, for any interruption, modification, or discontinuation of this site or any function or feature thereof. We may also impose limits on certain features and services or restrict your access to parts of our Online Services or one or more entire sites without notice or liability. We may terminate the authorization, rights, and license as set forth herein. You understand, agree, and accept that we will make reasonable efforts, although we have no obligation to maintain, support, upgrade, or update our Online Services, or to provide all or any specific content through our Online Services.
- Monitoring and Enforcement; Termination
We have the right to:
- Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use or access of our Online Services.
- Terminate or suspend your access to all or part of our Online Services for any reason, including for any violation of these Terms.
Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone submitting information through our Online Services.
- Reliance on Information Posted
The information presented on or through our Online Services is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. 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 user of our Online Services, or by anyone who may be informed of any of its contents.
We are not responsible, or liable to you or any third party, for the content or accuracy of any materials or information provided by any third parties.
- Responsibility for Your Login Credentials
Until you notify us otherwise and we have had a commercially reasonable time to respond to your notice, we may, and will, assume that every transaction entered into, every authorization received, and every act or omission undertaken using your email address and password (“Login Credentials”) are fully authorized by you. You are entirely and absolutely responsible for all activity performed or information disseminated through the use of your Login Credentials. IT IS A VIOLATION OF THESE TERMS FOR YOU TO ALLOW ANOTHER PERSON TO USE YOUR LOGIN CREDENTIALS FOR ACCESS ANY OF THE PORTALS CONTAINED OR LINKED TO FROM OUR ONLINE SERVICES. PLEASE KEEP YOUR LOGIN CREDENTIALS CONFIDENTIAL.
- Copyrights and Other Intellectual Property
Our Online Services and its content are protected by copyrights by us or other third parties and all rights are reserved.
ALL RIGHTS TO THE SITE DESIGN, ALL MATERIALS ACCESSED, VIEWED, OR OBTAINED AND POSTED AND/OR PROVIDED THROUGH OUR ONLINE SERVICES ARE RETAINED BY US WITH THE RIGHT TO ENFORCE INTELLECTUAL PROPERTY RIGHTS IN SUCH MATERIALS. YOU MAY NOT COPY OR DISTRIBUTE ANY MATERIAL ACCESSED, VIEWED, OR OBTAINED FROM OUR ONLINE SERVICES, EXCEPT AS EXPRESSLY PROVIDED HEREIN OR WITHOUT OUR EXPRESS WRITTEN PERMISSION.
Our name, the terms, our brand, our logo, and all related names, logos, product and service names, designs, and slogans are our trademarks or trademarks of our affiliates or licensors. You must not use such marks without our prior written permission. All other names, logos, product and service names, designs, and slogans displayed through our Online Services are the trademarks of their respective owners. We make no claim to the trademarks of others.
- DMCA Copyright
We do not knowingly permit anyone to post materials on this site where such posting would violate copyright or other applicable law, including the Digital Millennium Copyright Act (“DMCA”) (including 17 USC § 512).
- Partial Invalidity
If, for any reason, a Court of competent jurisdiction finds any provision of these Terms of Use, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to affect the intent of the Terms of Use, and the remainder of the Terms of Use shall continue in full force and effect.
- Waiver
No waiver by us of any term or condition set out in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure to exercise or enforce any right or provision of any term of these Terms of Use shall not constitute a waiver of such right or provision.
- Disclaimer of Warranties
OUR ONLINE SERVICES AND ALL MATERIALS MADE AVAILABLE ON OR THROUGH THEM ARE PROVIDED CONDITIONAL ON THE USER RECOGNIZING THAT THE QUALITY, AND ACCURACY OF THE INFORMATION OBTAINED FROM OUR ONLINE SERVICES MAY DEPEND ON THE USER PROVIDING ACCURATE INFORMATION. WE FURTHER DISCLAIM ALL IMPLIED WARRANTIES AS TO MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE WILL NOT BE LIABLE TO YOU FOR ANY DAMAGES, COSTS, SUITS, ACTIONS, LOSSES, OR ANY OTHER HARM THAT RESULTS FROM YOUR USE OF ANY INFORMATION, SERVICES OR MATERIALS PROVIDED BY OR THROUGH OUR ONLINE SERVICES.
You understand that we cannot and do not guarantee or warrant that files available for downloading from the Internet or the website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our website for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF OUR ONLINE SERVICES OR ANY SERVICES OR ITEMS OBTAINED THROUGH OUR ONLINE SERVICES OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED, OR ON ANY THIRD-PARTY WEBSITE LINKED THROUGH OUR ONLINE SERVICES.
- Limitation of Liability
Without affecting any other limitation of liability contained in these Terms of Use or otherwise:
- IN NO EVENT WILL WE BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF OUR ONLINE SERVICES, INCLUDING ANY SITE OR ANY SERVICE RELATED THERETO, INCLUDING, WITHOUT LIMITATION, BODILY INJURY, EMOTIONAL DISTRESS, AND/OR ANY OTHER DAMAGES RESULTING FROM THE USE OF OUR ONLINE SERVICES; and
- IN NO EVENT WILL WE BE LIABLE FOR ANY INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR INDIRECT DAMAGES ARISING OUT OF OR RELATING TO THE USE OR INABILITY TO USE ANY PORTION OF OUR ONLINE SERVICES OR ANY SERVICE RELATED THERETO, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OR CORRUPTION OF DATA OR PROGRAMS, SERVICE INTERRUPTIONS AND PROCUREMENT OF SUBSTITUTE SERVICES, EVEN IF WE KNOW OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
- Indemnity
You agree to defend, indemnify and hold harmless Atlantic Casualty Insurance Company and its affiliates and subsidiaries, their officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access of our Online Services; (ii) your violation of any term of these Terms; or (iii) your violation of any third party proprietary right. This defense and indemnification obligation will survive these Terms and your use of our Online Services.
- Assignment
We may assign these Terms, and any of our rights under the terms, in whole or in part, and we may delegate any of our obligations under the terms. You may not assign these Terms, in whole or in part, nor transfer or sub-license your rights under the terms, to any third party.
- Entire Agreement
The Terms constitute the sole and entire agreement between us regarding our Online Services and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding our Online Services.
- Web Accessibility Statement
Please see our Accessibility Statement located here: Web Accessibility.