THE FOLLOWING TERMS AND CONDITIONS GOVERN YOUR USE OF AIX COMPASS (THIS "PORTAL SITE"). AIX GROUP IS A MEMBER OF THE HANOVER INSURANCE GROUP. BY USING THIS PORTAL SITE, YOU AGREE TO EACH OF THESE TERMS AND CONDITIONS. PLEASE READ THEM CAREFULLY. THESE TERMS AND CONDITIONS ARE IN ADDITION TO THOSE CONTAINED IN YOUR PROGRAM MANAGEMENT AGREEMENT AND/OR ANY OTHER AGREEMENT(S) TO WHICH YOU ARE A PARTY. IF YOU DO NOT AGREE TO THE TERMS OF USE, PLEASE DO NOT CONTINUE YOUR USE OF, AND/OR ACCESS TO, THIS PORTAL SITE.
Both you and we have obligations to safeguard customer information under Public Law No. 106-102 (the Gramm-Leach-Bliley Act) and other federal and state privacy laws and regulations (herein collectively referred to as "Privacy Laws"). In accordance with those Privacy Laws, you agree that your access to and/or use of information through the use of this Portal Site will comply with the Privacy Laws and you agree further not to take any action with regard to such information which may us to violate such Privacy Laws. If the applicable Privacy Laws change, you and we will take such action as is necessary to comply with such change(s). You also agree to use this Portal Site in accordance with and subject to our Privacy Policy which may be found at www.hanover.com/privacy-policy.html or via a link at the bottom of this Portal Site.
The Hanover Insurance Group with Eagle icon and Citizens Insurance are trademarks of The Hanover Insurance Group, Inc. The Hanover, including AIX Group, may also claim trademark, service mark, and/or other proprietary right(s) in or to other names, tag lines, marks, images, symbols, logos and icons contained or displayed in this Portal Site. Any unauthorized use of such marks, images, symbols, logos, or icons may violate copyright, trademark, and/or other laws, statutes, codes or regulations. Any questions as to whether a particular name, tag line, image, symbol, logo or icon is a trademark or service mark of The Hanover including AIX Group should be directed to:
Office of the General Counsel
Attn: Corporate Secretary
The Hanover Insurance Group
440 Lincoln Street
Worcester, MA 01653
References made throughout this Portal Site to "The Hanover" or "The Hanover Insurance Group" refer to a group of companies, including those within the AIX Group, which are subsidiaries and/or affiliates of The Hanover Insurance Group, Inc. Not all of the companies that make up the group entitled The Hanover Insurance Group are licensed in every jurisdiction. Not all products or services are available in every jurisdiction.
THIS PORTAL SITE AND ALL CONTENT CONTAINED HEREIN IS PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND OR NATURE, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR USE OR PURPOSE. THE HANOVER DOES NOT WARRANT OR REPRESENT THAT EITHER THIS PORTAL SITE OR THE SERVER BY WHICH THE PORTAL SITE IS MADE AVAILABLE IS OR WILL BE FREE FROM HARMFUL OR DAMAGING COMPONENTS, INCLUDING WITHOUT LIMITATION VIRUSES OR DISABLING DEVICES, NOR DOES THE HANOVER WARRANT OR MAKE ANY REPRESENTATION CONCERNING THE USE OF MATERIALS ON THIS PORTAL SITE, OR THE RESULTS OF SUCH USE, WHETHER IN TERMS OF THE RELIABILITY, ACCURACY, OR CORRECTNESS THEREOF, OR OTHERWISE. THE HANOVER NEITHER REPRESENTS NOR WARRANTS THAT THE USE OF THE MATERIALS DISPLAYED ON THIS PORTAL SITE WILL NOT INFRINGE RIGHTS OF THIRD PARTIES NOT OWNED BY OR AFFLILIATED WITH THE HANOVER. THE HANOVER DOES NOT WARRANT OR REPRESENT THAT THIS PORTAL SITE IS OR WILL BE FREE FROM INACCURACY, DEFECT, ERROR OR INTERRUPTION, OR THAT THE FOREGOING, IF ANY, WILL BE CORRECTED.
The Hanover shall not, under any circumstances, be liable for any damages, claims, losses or expenses, including without limitation any direct, indirect, special, incidental or consequential damages, arising out of or in connection with this Portal Site, including without limitation any use of and/or any inability to use this Portal Site, for any cause of action of any kind (including tort, contract, negligence or strict liability). The foregoing shall apply even if The Hanover, or a duly-authorized representative thereof, has been advised of the possibility of such damages, claims, losses or expenses. Applicable law may not allow the limitation or exclusion of liability and/or certain damages, and the aforementioned exclusion(s) and/or limitation(s) may, therefore, not apply to you. However, the total liability of The Hanover to you for any and all damages, claims, losses or expenses arising out of or in connection with this Portal Site shall not, in any event or in any circumstance, exceed the amount paid by you, if any, in order to access this Portal Site.
The Hanover shall not be responsible or liable for any computer virus or other contamination of your system. It is your responsibility, and not the responsibility of The Hanover, to scan any downloadable materials received over or from the Internet. By using this Portal Site, you accept, at your own risk, that the Internet and/or such other on-line medium as may be applicable may not perform as intended, and that transmission of information on-line, over the Internet, or via electronic means may be insecure, unstable and/or unreliable.
Links to external sites may be provided as a convenience to you. The Hanover does not vouch for, warrant, or assure the accuracy, availability, or suitability of any external sites. The Hanover shall not be directly or indirectly liable or responsible in any manner for any loss or damage caused, or allegedly caused, by or in connection with any external site connected by a link to this Portal site, including without limitation any such site’s use of information and/or terms thereof. A link to any external site does not constitute endorsement of, adoption of, or agreement with the views, products and/or services offered on such sites.
You are responsible for maintaining the confidentiality of your [User ID] and [password] in connection with this Portal Site, and you are responsible for all uses of your [User ID] and [password] , and any and all related charges, whether or not authorized by you.
The Hanover may, at any time and at The Hanover’s sole discretion, change or modify this Portal Site, including without limitation its content and availability, without notice. There is no commitment on the part of The Hanover to update the information contained herein. The Hanover may also change or modify these terms and conditions, and in the event that The Hanover should do so, your use of this Portal Site following such change or modification shall constitute your agreement to the changed or modified terms and conditions.
The content of this Portal Site, including any online calculators and any links to other sites, is provided for general informational purposes only and is not intended to supply professional advice of any type, including without limitation any tax, financial, accounting or legal advice. If you have a question that requires such advice, you should consult a qualified professional for a personal consultation.
This Portal Site is not a public site and you may access or obtain, via this Portal Site, certain information that may be confidential and/or proprietary to us ("Confidential Data"). "Confidential Data" means (a) any non-public information of ours that we designate as confidential, or which, under the circumstances, ought to be treated as confidential; (b) any information that we are obligated to keep confidential by contract or pursuant to any Privacy Laws; and (c) information relating to the marketing or promotion of our products, our released or unreleased software or other programs, our trade secrets, our business policies and/or practices, and our proprietary information, including, but not limited to, technical and financial data, security information (such as computer passwords and identification codes) or information concerning our computer systems (such as codes and any operating instructions for our computer systems). Confidential Data shall not include information that is generally available to third parties, other than our agents, servants, consultants, or employees, or after such disclosure becomes generally available to the public, by publication or otherwise, other than by disclosure by a source subject to an obligation of confidentiality. You agree to keep Confidential Data confidential and to prevent its unauthorized disclosure. You will not, nor will you permit any other person or party under your authority or control, to disclose Confidential Data to a third party without our prior written consent.
Any dispute with respect to this Portal Site shall be fully and finally settled by arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association, and judgement upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. Venue for the arbitration shall be in Worcester, Massachusetts.
Any use of this Portal Site, and the terms and conditions contained herein, shall be construed and controlled by the laws of the Commonwealth of Massachusetts, exclusive of its conflicts of laws provisions. By accessing this Portal Site, you agree to the personal jurisdiction of the state and federal courts sitting in the Commonwealth of Massachusetts.
In the event that any provision of these terms and conditions should be determined to be invalid, unenforceable or unlawful, for any reason, the invalid, unenforceable or unlawful provision shall be severable from the provisions remaining, and the provisions not held to be invalid, unenforceable or unlawful shall remain in full force and effect.