Terms Of Use
Agreement to Terms: These Terms of Use are between you and Canal Insurance Company and its subsidiaries (“Canal”) concerning your use of this Website and any other websites owned or operated on behalf of Canal, as well as any software applications made available by or on behalf of Canal for use on or through computers and mobile devices. We created this Website for the use and convenience of our customers, prospective customers and agents. By accessing this Website, you agree to all terms, conditions, and notices contained or referenced here. If you do not agree to these Terms of Use, you should not use the Website. This Website presents information and content that is the property of Canal. When used in these Terms of Use, “we” and “our” mean Canal.
Changes: We reserve the right, in our sole discretion, to update or revise these Terms of Use, and the content on this Website, at any time without prior notice. The changes may include superseding terms and conditions or specific notices. You are bound by any such revisions and should therefore periodically visit this page to review the current terms and conditions. Your continuing use of this Site constitutes your acceptance of any change or update, all of which shall become controlling when posted.
No Offer: Product descriptions provided on this Website do not constitute offers to sell or solicitations in connection with any product or service. Not all of the products or services described on this Website are available in all geographic areas of the United States. You may not be eligible for all of the described products or services, and we reserve the right to determine your eligibility for any product or service.
No Guarantee of Coverage: This Website does not make any representations that coverage exists for any particular claim or loss, or type of claim or loss, under any policy. Whether coverage exists for any particular claim or loss under any policy depends on the facts and circumstances involved and all applicable policy wording.
Copyright and Restrictions on Use of Materials: This Website is owned and operated by Canal. All of the information and content on this Website, including but not limited to all text, documents, graphics, software applications, video and audio files, photos and the overall appearance of the Website (“Content”), are the exclusive property of Canal. Except where otherwise indicated, this Content is protected by applicable copyright laws.
Permission is hereby granted to use, copy and distribute these materials as presented in this Website and without alteration for non-commercial purposes only, provided that all copyright and other proprietary notices appear on all copies in the same manner as the original. All other uses are prohibited. Canal neither warrants nor represents that your use of the materials displayed on this Website will not infringe rights of third parties not owned by or affiliated with Canal.
Except as expressly provided herein, you shall not use any portion of this Website, or any other intellectual property of Canal, on any other Website (including source code) or in any other materials, printed or electronic. Except as expressly provided herein, you shall not distribute, modify, reproduce, (re)post, (re)publish, (re)use, transmit, upload, create derivative works from or otherwise use any of this Website’s content for public or commercial purposes, or frame this Website within any other Website without our prior written permission. Systemic retrieval of data or other content from this Website for any purpose, including but not limited to creation of a database or directory, without prior written permission, is prohibited.
Trademarks: All trademarks, service marks, trade names, logos, and icons, including “Risk Solutions for the Road Ahead” are proprietary to Canal, and may be designated as such from time to time through use of the TM, SM, or ® symbols. Nothing contained on the Website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark displayed on this Website without the written permission of Canal or such third party that may own the trademark. Images displayed on this Website are either the property of, or used with permission by, Canal. Any unauthorized use of the images may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes. Except as otherwise provided herein, your use of the trademarks displayed on this Website, or any other content on this Website, is strictly prohibited.
Third-party Websites: This Website contains links to other Websites (“Third-party Websites”) that are not maintained by Canal. These links are provided solely for your convenience as they may include information of interest or use to you. Canal makes no warranties or representations about the content of, any products or services offered by, or the intellectual property compliance of, such Third-party Websites. We recommend that you familiarize yourself with the privacy policies and terms of use of these Websites prior to use.
Internet Privacy Policy: At Canal, we understand that you may have privacy concerns. To that end, we have physical, electronic, and procedural safeguards in place to protect personally identifiable information that you may provide us through this Website. Any information provided will only be shared or used for legitimate business reasons related to the reason it was provided to us. We may also share your information as required or allowed by law. Please refer to our Privacy Policy for more details.
Privacy and Ownership of Information: Unless otherwise expressly set forth herein and with the exception of personal information subject to Canal’s Privacy Policy, any information, communications or material submitted to Canal through this Website or otherwise will be treated as nonconfidential and nonproprietary and will become the property of Canal. Such information, communications or material may be used for any purpose, including, but not limited to, reproduction, solicitation, disclosure, transmission, publication, broadcast, and posting. Furthermore, Canal is free to use any ideas, concepts, know-how, or techniques contained in any communication you send to this Website for any purpose whatsoever, including, but not limited to, developing and marketing products using such information. Except as specified in the Privacy Policy, set forth in any specific terms or conditions, or specifically agreed or required by law, we shall not be subject to any confidentiality obligations regarding any information so submitted.
Jurisdictional Issues: Unless otherwise expressly set forth herein, Canal makes no representation that materials on this Website are appropriate or available for use in any location, including locations outside of the United States. Accessing these materials where their contents are illegal is prohibited. Those who choose to access this Website do so on their own initiative and are responsible for compliance with local laws. Except as specifically set forth herein, the information contained on this Website is not an offer to sell or a solicitation to buy any security, insurance product or other product or service. No security, insurance product or other product or service is offered or will be sold in any jurisdiction in which such offer or solicitation, purchase or sale would be unlawful under the securities, insurance or other laws of such jurisdiction. Some products and services may not be available in all jurisdictions.
NO WARRANTY: While we will make every reasonable effort to include accurate and up to date content on the Website, errors and omissions sometimes occur. All content on this Website, or any linked Website, is furnished on an “as-is” basis. To the fullest extent permitted by law, Canal expressly disclaims all warranties of any kind, regarding the accuracy of the content or functions of this Website, including but not limited to implied warranties of merchantability, fitness for a particular purpose and non-infringement. Canal does not warrant or represent that the functions or operation of this Website will be uninterrupted or error-free, that defects will be corrected, or that this Website, its servers or any email sent from Canal are free of viruses or other harmful components. To the extent said disclaimer is found to be prohibited by law, the Website content will be warranted only to the minimum extent legally required. This Section applies equally, but not exclusively, to any software, documents, information, or services available on the Website.
NO LIABILITY: In using this Website, you specifically agree that, to the fullest extent permitted by law, neither Canal nor any party involved in creating, producing, or delivering the Website, shall be liable for any injury, loss, or claim (“Claim”), nor any indirect, special, incidental or consequential damages of any kind (“Damages”). This disclaimer shall apply whether the Claim is based in contract, tort (including negligence), strict liability or otherwise, arising out of any use, or the inability to use, this Website or any linked Website, whether those damages are financial in nature or result from lost, incomplete or interrupted data or transactions, even if Canal has been advised of the possibility of same. In no event shall Canal’s total liability to you for all Claims and Damages exceed the amount paid by you, if any, for accessing the Website. Canal also assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect, your computer equipment or other property as a result of your access to, use of, or browsing in the Website or your downloading of any materials, data, text, images, video, or audio from this Website. This Section applies equally, but not exclusively, to any software, documents, information, or services available on the Website.
Indemnification: Upon request by Canal or any covered third party as defined below, you agree to defend, indemnify, and hold harmless Canal and said parties from all liabilities, claims and expenses, including attorney’s fees, that arise from the following: (a) your use or misuse of the Website; (b) any inaccuracy, error, delay in, or omission of (1) any information, or (2) the transmission or delivery of information; and (c) any loss or damage arising from or occasioned by any non-performance, or interruption of information due to (1) negligent act or omission by the Indemnitees or any (2) “force majeure” event (i.e. flood, extraordinary weather conditions, earthquake, or other act of God, fire, war, insurrection, riot, labor dispute, accident, action of government, communications, power failure, or equipment or software malfunction), or (3) any other cause beyond the reasonable control of the Indemnitees. Canal reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which case you will cooperate with Canal in asserting any available and appropriate defenses.
Third-Party Rights: The provisions of the Sections entitled “No Warranty”, “No Liability” and “Indemnification” are for the benefit of Canal and its officers, directors, employees, contractors, agents, licensors, suppliers, and information providers. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on its own behalf.
Limited License: By these Terms of Use, and subject to same, Canal grants only a limited, non-transferable and non-exclusive license to use the software and documentation necessary to access, explore and otherwise use the Website in real time, and to use the materials on this Website in a manner consistent with these Terms of Use.
Software Licenses: Any software available or provided to you on this Website may contain technology that is subject to strict controls by various agencies of the United States Government pursuant to United States export control laws and regulations. You hereby agree that you will not transfer or export such software from the United States (including, for example, providing such software to any foreign person or entity in the United States) or re-export such software outside the United States in violation of United States export laws and regulations. Canal does not authorize the downloading or exportation of any software or technical data from this Website to any jurisdiction prohibited by United States export controls laws and regulations.
Choice of Law and Forum: Use of this Website, and these Terms of Use, shall be governed by and construed in accordance with the laws of the state of South Carolina, excluding its conflicts of law rules. You expressly agree that any claim or action arising out of or relating to these Terms of Use or your use of the Website shall be filed only in the state or federal courts located in the state of South Carolina, where exclusive jurisdiction shall lie. You further agree and submit to the exercise of personal jurisdiction of these courts for the purpose of litigating any related claim or action.
Termination: Canal reserves the right, in its sole discretion, to terminate your access to all or part of this Website with or without notice.
Severability and Integration. Unless otherwise specified here, these Terms of Use constitute the entire agreement between you and Canal with respect to the Website and supersede all previous or contemporaneous communications and proposals (whether oral, written, or electronic) between you and Canal with respect to the Website. If any part of these Terms of Use is held to be invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.