Please read these terms and conditions carefully. By accessing this website you agree to be bound by the terms and conditions below. These terms and conditions are subject to change. Service American Indemnity Company may discontinue or make changes in the information, products or services described herein at any time without prior notice to you and without any liability to you. Any changes will be incorporated into the terms and conditions posted to this website from time to time. If you do not agree with these terms and conditions, please do not access this website. The information and materials contained in this Website – and the terms and conditions of the access to and use of such information and materials – are subject to change without notice. Service American Indemnity company reserves the right to terminate any or all website offerings or transmissions without prior notice to the user.
You acknowledge that Service Indemnity Company may disclose and transfer any information that you provide through this Website to (i) any company within the Service American Indemnity Company, its affiliates agents or information providers; (ii) to any other person or entity with your consent; or (iii) if we have a right or duty to disclose or are permitted or compelled to so disclose such information by law. You consent to the transmission, transfer or processing of such information as we deem necessary or appropriate and by using and providing information through this Website you agree to such transfers. Use of this Website may be monitored, tracked and recorded. Anyone using this Website expressly consents to such monitoring, tracking and recording.
Potential Disruption of Service
Access to the Website may from time to time be unavailable, delayed, limited or slowed due to, among other things:
- Hardware failure, including among other things failures of computers (including your own computer), servers, networks, telecommunication lines and connections, and other electronic and mechanical equipment;
- software failure, including among other things, bugs, errors, viruses, configuration problems, incompatibility of systems, utilities or applications, the operation of firewalls or screening programs, unreadable codes, or irregularities within particular documents or other content;
- overload of system capacities;
- damage caused by severe weather, earthquakes, wars, insurrection, riots, civil commotion, act of God, accident, fire, water damage, explosion, mechanical breakdown or natural disasters;
- interruption (whether partial or total) of power supplies or other utility of service;
- strike or other stoppage (whether partial or total) of labor;
- governmental or regulatory restrictions, exchange rulings, court or tribunal orders or other human intervention; or
- any other cause (whether similar or dissimilar to any of the foregoing) whatsoever beyond the control of Service Lloyds.
Limitation of Liability
Because of the possibility of human and mechanical error as well as other factors, the website (including all information and materials contained on the website) is provided “as is” “as available.” Service American Indemnity Company provides no warranties or representations with regard to this website. Service American Indemnity Company disclaims all warranties and representations of any kind with regard to the website, including implied warranties of merchantability, non-infringement of third party rights, freedom from viruses or other harmful code, or fitness for any particular purpose. Further, Service American Indemnity Company will not be liable for any delay, difficulty in use, inaccuracy of information, computer viruses, malicious code or other defects in this website, or for the incompatibility between this website and files and the user’s browser or other site accessing program. Nor will Service American Indemnity Conpany be liable for any other problems experienced by the user due to causes beyond Service American Indemnity Company control. No license to the user is implied in these disclaimers. Nothing herein shall be construed as limiting or reducing Service American Indemnity Company responsibilities and obligations to clients in accordance with applicable laws and regulations.
Under no circumstances will Service American Indemnity Company be liable for any lost profits, lost opportunity, or any indirect, consequential, incidental, special, punitive, or exemplary damages airing out of any use of or inability to use the website or any portion thereof, regardless of whether Service American Indemnity Company has been apprised of the likelihood of such damages occurring and regardless of the form of action, whether in contract, warranty, tort, (including negligence), strict liability, or otherwise.
Enforceability and Governing Law
In the event any of the terms or provisions of these Terms and Conditions shall be held to be unenforceable, the remaining terms and provisions shall be unimpaired and the unenforceable term or provision shall be replaced by such enforceable term or provision as comes closest to the intention underlying the unenforceable term or provision. These Terms and Conditions shall be subject to any other agreements you have entered into with Service American Indemnity Company. The user’s access to and use of the Website, and the terms of this disclaimer are governed by the laws of the State of Texas. The following terms and conditions govern the use by you (the “user”) of eTouch on the Service American Indemnity Company Website. By signing on and using eTouch, you agree to each of the following provisions:
The materials provided in eTouch may be printed and used only by the individual agents who have logged on to the eTouch site. The user may download material from this Website, provided you do not modify the material. The user is not permitted to distribute or display any of these materials to anyone not appointed with Service American indemnity Company for any purpose without the prior written consent of Service American Indemnity Company.
Information in eTouch is updated at the same time every day and not “real-time.” It may also include typographical or technical errors. Service American Indemnity Company reserves the right to change the procedures, content, software, or equipment required for access or use of eTouch or any other portion of the Website at any time without prior notice. Service American Indemnity Company does not warrant that the information in eTouch is accurate or complete, that the use of eTouch will be uninterrupted or error-free, or that any information is free of disabling devices.
Quote submissions are subject to review and cannot be bound via eTouch or any other form other than person to person. For further information regarding workers compensation quotes, please refer to the Guidelines or contact the Underwriting Department.
Limitation of Damages
Service American Indemnity Company shall not be liable, under any circumstances, for any incidental, direct, indirect, punitive, special, or consequential damages that may result from the use or inability to use eTouch or its information, including without limitation, use of or dependence on eTouch information, interruptions, errors, defects, mistakes, omissions, deletion of files, disabling devices, delays in operation or transmission, nondelivery of information, disclosure of communications, or any other failure of performance.
Service American Indemnity Company reserves the right to change or discontinue any aspect or feature of eTouch or website, including, but not limited to, content, hours of availability, and equipment and/or software required for access or use of eTouch or any portion of the Service American Indemnity Company website. The terms and conditions set forth in this agreement may be changed by Service American Indemnity Company and any subsequent use of eTouch or its website by you constitutes your agreement to such changed terms and conditions. Any rights not expressly granted herein are reserved to Service American Indemnity Company.
Any provision herein shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions, if such provision shall be unlawful, void, or for any reason unenforceable. This agreement constitutes the entire agreement of the parties with respect to the subject matter herein and supersedes all previous written or oral agreements between the parties (Service American and the user) with respect to such subject matter.
Service American Indemnity Company or the user may terminate this agreement at any time. You, the user, may terminate this agreement at any time by destroying all materials obtained from eTouch and all related documentation and copies thereof. If the user fails to comply with any term or condition of this agreement, Service American Indemnity Company will terminate this agreement immediately without notice.