TERMS OF USE AND CONDITIONS FOR USE OF THIS SITE
Please read these terms and conditions carefully before accessing this Web site.
Your use of this Web site (“the Site”) is expressly conditioned on your acceptance
of the terms and conditions for use below (“Terms of Use”). By using the Site, you
signify your assent to these Terms of Use and agree to be bound thereby. If you
do not agree with any part of the following Terms of Use, you must not use the Site.
The Terms of Use may be modified by Progressive Casualty Insurance Company (“Progressive”)
from time to time. Continued use of the Site by you will constitute your acceptance
of any modifications to the Terms of Use, so it's wise to check this page regularly.
You can access the Terms of Use at any time from the bottom of any page in the Site.
Use of The Site
The site provides information regarding Progressive’s professional liability and
fidelity insurance coverages for financial institutions. Information is also available
for agents and brokers to learn more about our coverage offerings.
You agree not to disrupt, modify or interfere with the Site, or impede or interfere
with others’ use of the Site, 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 the Site.
You agree that the Site and the content provided in the Site, including the text,
graphics, button icons, and data compilations, may not be copied, reproduced, republished,
uploaded, posted, transmitted or distributed without the written permission of Progressive,
except that you may display and print the materials presented on the Site for the
specific business purpose set forth herein.
Agents and Brokers
In some states, brokers, rather than independent agents, offer Progressive's insurance
products to customers. Although there are important legal distinctions between agents
and brokers, for readability purposes this website uses "agent" to refer to both.
While the relationship between brokers and Progressive differs from Progressive's
relationship with its independent agents, including the fact that brokers do not
have binding authority, many of the same or similar tools and services on the Site
are available to them. If you have any questions about the products and services
described on the site or their availability to brokers, please contact Progressive.
Copyright/Trademark
The trademarks, service marks and logos displayed on the Site (collectively, the
"Trademarks") are registered and common law Trademarks of Progressive and its affiliates.
Nothing contained on the Site should be construed as granting, by implication, estoppel,
or otherwise, any license or right to use any of the Trademarks without the written
permission of Progressive. Except where otherwise indicated, all materials on the
Site are the property of Progressive and are protected by copyright or other intellectual
property laws.
Progressive reserves all rights to its intellectual property. Any materials printed
or downloaded from the Site shall retain all Progressive copyright and other proprietary
notices in the same form and manner as on the original.
You are not authorized to use any portion of the Site or any other intellectual
property of Progressive on any other Web site, in the source code of any other Web
site or in any other materials. You may not modify, publish, reproduce, republish,
create derivative works, copy, upload, post, transmit, distribute, or otherwise
use any of content of the Site (except as permitted herein) or frame the Site within
any other Web site.
Third Party Sites
The Site contains links to other Internet Web sites ("Third-party Sites") that are
not maintained by Progressive. These links are provided solely for your convenience.
Progressive makes no warranties or representations about the content of, any products
or services offered by, or the intellectual property compliance of, such Third-party
Sites. We recommend that you take the time to read the privacy policies and user
agreements of these sites.
Underwriting Companies
Policies are underwritten by:
Progressive Casualty Insurance Company
(California Certificate of Authority #2028-9)
6300 Wilson Mills Road, Mayfield Village, OH 44143
State of Domicile: OH
Products
The information and descriptions contained in the Site are intended as general information
and are not necessarily complete descriptions of all Terms of Use, exclusions and
conditions applicable to the products and services offered by Progressive. The insurance
coverage afforded by Progressive is subject to the Terms of Use and conditions of
the policies issued. Progressive reserves the right to withdraw products or services
referred to in the Site at any time.
Disclaimer of Warranty
THE SITE (INCLUDING ALL INFORMATION AND MATERIALS CONTAINED ON THE SITE) IS PROVIDED
"AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED.
PROGRESSIVE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE SITE
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. PROGRESSIVE
DOES NOT WARRANT THAT THE OPERATION OF THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE,
THAT ANY DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVER THAT MAKES IT
AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. PROGRESSIVE DOES NOT
WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE ACCURACY, COMPLETENESS, CURRENCY
OR RELIABILITY OF THE SITE, ANY OF THE INFORMATION OR MATERIALS FOUND ON THE SITE,
OR THE USE OR THE RESULTS OF THE USE OF THE INFORMATION OR MATERIALS IN THE SITE.
PROGRESSIVE DISCLAIMS ANY WARRANTY OR REPRESENTATION THAT THE SITE, ITS SERVERS
OR ANY E-MAIL SENT FROM PROGRESSIVE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION
MAY NOT APPLY TO YOU.
Limitation of Liability
NEITHER PROGRESSIVE NOR ITS AFFILIATES ASSUME ANY RESPONSIBILITY, 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 THE SITE OR YOUR DOWNLOADING
OF ANY MATERIALS OR DATA FROM THE SITE. IN NO EVENT SHALL PROGRESSIVE OR ITS AFFILIATES
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 ARISES OUT
OF OR IS IN ANY WAY CONNECTED WITH (I) ANY USE OF THE SITE OR CONTENT FOUND HEREIN,
(II) ANY FAILURE OR DELAY (INCLUDING, BUT NOT LIMITED TO THE USE OF OR INABILITY
TO USE ANY COMPONENT OF THE SITE), OR (III) THE PERFORMANCE OR NON-PERFORMANCE BY
PROGRESSIVE OR ITS AFFILIATES, EVEN IF PROGRESSIVE OR ITS AFFILIATES HAVE BEEN ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES.
Jurisdiction/Enforceability
Use of the Site shall be governed by and construed in accordance with the laws of
the State of Ohio without giving effect to any principles of conflict of laws. You
consent and submit to the exclusive jurisdiction of the state and federal courts
located in Cuyahoga County, Ohio, in all questions and controversies arising out
of your use of the Site and/or these Terms of Use.
Should any provision of these
Terms of Use of use 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.
Indemnification
You agree to defend and indemnify Progressive, its corporate affiliates, and their
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 of Use or your use of the Site.
Attorney’s Fees
If Progressive takes any action against you to enforce these Terms of Use, Progressive
will be entitled to recover from you, and you agree to pay, all reasonable and necessary
attorney’s fees and any cost of litigation, in addition to any other relief, at
law or in equity, to which Progressive may be entitled.