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Terms of Use

These Terms of Use apply to this website ("AEGISlink.com"), which is the website of Associated Electric & Gas Insurance Services Limited and its affiliates (collectively, "AEGIS").

AEGISlink.com is an online service that provides (i) electronic content and information to our members, policyholders and members of the energy industry, as well as any content we may add in the future (the "Information Service") and (ii) electronic insurance services for our members only, including (a) submission of insurance applications, renewal applications or endorsement applications, and (b) submission of claims notices (the “Insurance Service” and together with the Information Service, the “Service”). The Service is provided under the terms and conditions of this "Terms of Use," which sets forth the rights and obligations of AEGIS and the users of AEGISlink.com. If you have any questions regarding these Terms of Use, please contact AEGIS, as specified below. On behalf of our entire staff, thank you for visiting AEGISlink.com.

1. Acceptance of Terms

Your accessing or use of any part of this site constitutes your agreement to abide by these Terms of Use in full. If you do not accept these Terms of Use, please leave this website immediately.

AEGIS reserves the right, in its sole discretion, to modify, alter or otherwise update these Terms of Use at any time and you agree to be bound by such modifications, alterations or updates. You are advised to review these Terms of Use on a periodic basis. AEGIS is not responsible for any costs that you may incur in obtaining equipment or service to access this site.

2. Privacy

Registration data and certain other information about you are subject to our Privacy Policy. Please review our Privacy Policy [ Click Here ].

By registering on our site, you consent to our processing of your personal data, and you warrant that all information provided by you is accurate and complete.

3. Member Account, Password, and Security

Upon registering, you will choose a user name and password. Maintaining the confidentiality of this password is your responsibility. You are responsible for any activity in your account, or any other user's account, including any breach of confidentiality, that may result from your password being obtained by a third party. You agree to: (a) notify AEGIS immediately of any unauthorized use of your password or account or any other breach of security of which you become aware; (b) use reasonable security precautions with your own computer, including, but not limited to, not recording your password where it may be discovered by others, and (c) exit completely from your account at the end of each session. We have the right to change or disable your user name or password at any time if in our opinion you have failed to comply with any of the provisions of these Terms of Use. YOU AND NOT AEGIS WILL BE LIABLE FOR ANY LOSS OR DAMAGE ARISING FROM YOUR FAILURE TO COMPLY WITH THIS SECTION.

4. Special Guidelines for International Use

Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable content. You agree to comply with all applicable laws regarding the exportation of technical data from the United States or the country in which you reside.

5. Viruses, Hacking and other Offenses

You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorized access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of-service attack.

By breaching this provision, you may be committing a criminal offense. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.

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 site or to your downloading of any material posted on it, or on any website linked to it.

6. No Resale of the Service

Except as expressly authorized by AEGIS, you agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Service or access to it.

7. General Practices Regarding Use and Storage

You acknowledge that AEGIS may establish general practices and limits concerning use of the Service, including limiting the maximum disk space that will be allotted on our servers on your behalf; and limiting the maximum number of times (and the maximum duration for which) you may access the Service in a given period of time. You agree that AEGIS has no responsibility or liability for the deletion or failure to store any messages and other communications or other content maintained or transmitted by the Service. You acknowledge that AEGIS reserves the right to terminate accounts that are inactive for an extended period of time. You further acknowledge that AEGIS reserves the right to change these general practices and limits at any time without notice.

8. Modifications to the Service

AEGIS reserves the right to suspend, modify or discontinue the Service, temporarily or permanently, at any time without notice. You agree that AEGIS is not liable to you or to any third party for modifying, suspending or discontinuing the Service or any part of it. Any of the material on our site may be modified or corrected at any time, but we are under no obligation to consistently maintain updates of such material.

9. Termination

You agree that AEGIS may terminate your password, account or use of any part of the Service, and remove and discard any content, for any reason. This may occur at any time without prior notice. Further, you agree that AEGIS shall not be liable to you or any third party for any termination of your access to the Service.

10. Links

AEGISlink.com or third parties may provide links to other World Wide Web sites or resources. AEGIS has no control over these sites and is not responsible for their availability, content, advertising, products, or other materials on or available from them, or any loss or damage that may arise from your use of them.

You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link from any website that is not owned by you. Our site must not be framed on any other site, nor may you create a link to any part of our site other than the home page. We reserve the right to withdraw linking permission without notice.

11. Proprietary Rights

You acknowledge and agree that this website, the material published on it, the Service and any necessary software used to provide such Service contain proprietary and confidential information that is protected by intellectual property and other laws. Those rights are owned or licensed by AEGIS, and all such rights are reserved. You further acknowledge and agree that this website, and the material and content presented to you through the Service is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by AEGIS, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or its software or to use any trademarks that appear on this website.

AEGIS hereby grants you a personal/individual, non-exclusive, non-assignable and non-transferable license to use and display any of the material and/or software that you may download from this site for your own internal business purposes, including, but not limited to, any files, codes, audio or images incorporated in or generated by the software (collectively the "Downloaded Material") provided, however, that you must maintain all copyright, trademark and other notices contained in such Downloaded Material and our status as the author of the works and owner of the trademarks must always be acknowledged. You must not use any part of the materials on our site for any other commercial purposes without obtaining a license from us to do so. You acknowledge and agree that you may not sublicense, assign or otherwise transfer this license or the Downloaded Material and that no title to the Downloaded Material has been or will be transferred to you from AEGIS or anyone else. You agree not to redistribute or use any Downloaded Material for any purpose not associated with your business relationship with AEGIS. You must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text. You also agree that you will not alter, disassemble, decompile, reverse engineer or otherwise modify the Downloaded Material. If you print off, copy, download or otherwise use any of the Downloaded Materials in breach of these Terms of Use, your right to use this site will cease immediately, and you must, at our option, return or destroy any copies of the materials you have made.

12. Disclaimer of Warranties

YOU EXPRESSLY UNDERSTAND AND AGREE THAT AEGIS DOES NOT GUARANTEE THAT THE INFORMATION AND SERVICES PROVIDED THROUGH THE SERVICE WILL BE ACCURATE OR TIMELY. AEGIS RESERVES THE RIGHT BUT IS NOT OBLIGATED TO MAKE CHANGES AND CORRECTIONS AT ANY TIME, WITHOUT NOTICE.

YOU FURTHER EXPRESSLY UNDERSTAND AND AGREE THAT:

a. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND IS NOT INTENDED TO AMOUNT TO ADVICE ON WHICH RELIANCE SHOULD BE PLACED. AEGIS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND REGARDING THE SERVICE, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

b. AEGIS MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS OR (v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.

c. YOU EXPRESSLY UNDERSTAND AND AGREE THAT IN ORDER FOR THE SERVICE, INCLUDING FUTURE SERVICES AVAILABLE FROM AEGISlink.com, TO PERFORM TO YOUR SATISFACTION, OR AT ALL, YOU ARE SOLELY RESPONSIBLE FOR THE APPROPRIATE HARDWARE, SOFTWARE OR OTHER TECHNOLOGY REQUIRED TO ACCESS THE SERVICE. AEGIS WILL NOT BE RESPONSIBLE FOR ANY SERVICE DIFFICULTIES RESULTING FROM YOUR FAILURE TO POSSESS TECHNOLOGY ADEQUATE TO USE THE SERVICE TO YOUR SATISFACTION.

d. AEGIS IS NOT RESPONSIBLE OR LIABLE FOR ANY INFECTIONS OR CONTAMINATION OF YOUR SYSTEM OR DELAYS, INACCURACIES, ERRORS, OR OMISSIONS ARISING OUT OF YOUR USE OF THIS SITE OR WITH RESPECT TO THE MATERIAL CONTAINED ON THIS SITE. THIS SITE AND ALL MATERIALS CONTAINED ON IT ARE DISTRIBUTED AND TRANSMITTED "AS IS" WITHOUT WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THE ENTIRE RISK AS TO THE QUALITY, ACCURACY, ADEQUACY, COMPLETENESS, CORRECTNESS AND VALIDITY OF ANY MATERIAL RESTS WITH YOU. AEGIS IS NOT RESPONSIBLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES THAT MAY RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS CONTAINED ON THIS SITE WHETHER THE MATERIAL IS PROVIDED OR OTHERWISE SUPPLIED BY AEGIS OR ANYONE ELSE. NOTWITHSTANDING THE FOREGOING, IN NO EVENT SHALL AEGIS' TOTAL LIABILITY TO YOU FOR ANY AND ALL CLAIMS, DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, SPECIFICALLY FOR ACCESSING THIS SITE.

e. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM AEGISlink.com, ANY PROFESSIONAL SERVICES OR OTHER PROVIDER WHOSE NAME OR OTHER CONTACT INFORMATION IS PROVIDED THROUGH THE SERVICE, OR ANY OTHER INFORMATION OR MATERIAL PROVIDED THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.

THE LIMITATION OF LIABILITY PROVISIONS CONTAINED IN THIS PARAGRAPH 13 SHALL NOT APPLY TO THE EXTENT PROHIBITED BY LAW AND SHALL NOT APPLY TO LIMIT ANY DIRECT COMPENSATORY DAMAGES OR LOSSES DUE TO THE NEGLIGENCE OF AEGIS IN CONNECTION WITH PROVIDING THE SERVICE, INCLUDING PROCESSING APPLICATIONS AND RECEIVING CLAIMS NOTICES.

13. Limitation of Liability

YOU EXPRESSLY UNDERSTAND AND AGREE THAT AEGIS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF AEGIS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE OR FOR OMISSIONS OR INACCURACIES IN THE SERVICE, (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE, (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE, OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.

AEGIS WILL NOT BE LIABLE FOR ANY LOSS THAT RESULTS FROM A CAUSE OVER WHICH AEGIS DOES NOT HAVE DIRECT CONTROL. SUCH CAUSES INCLUDE, BUT ARE NOT LIMITED TO: (i) THE FAILURE OF ELECTRONIC OR MECHANICAL EQUIPMENT OR COMMUNICATION LINES, (ii) TELEPHONE OR OTHER INTERCONNECT PROBLEMS, (iii) BUGS, ERRORS, CONFIGURATION PROBLEMS OR THE INCOMPATIBILITY OF COMPUTER HARDWARE OR SOFTWARE, (iv) THE FAILURE OR UNAVAILABILITY OF INTERNET ACCESS, (v) PROBLEMS WITH INTERNET SERVICE PROVIDERS OR OTHER EQUIPMENT OR SERVICES RELATING TO YOUR COMPUTER OR NETWORK, (vi) PROBLEMS WITH INTERMEDIATE COMPUTER OR COMMUNICATIONS NETWORKS OR FACILITIES, (vii) PROBLEMS WITH DATA TRANSMISSION FACILITIES OR YOUR TELEPHONE, CABLE OR WIRELESS SERVICE, OR (viii) UNAUTHORIZED ACCESS, THEFT, OPERATOR ERRORS, SEVERE WEATHER, EARTHQUAKES, OTHER NATURAL DISASTERS OR LABOR DISPUTES. AEGIS IS ALSO NOT RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER, SOFTWARE, MODEM, TELEPHONE, WIRELESS DEVICE OR OTHER PROPERTY RESULTING IN ANY WAY FROM YOUR USE OF THE SERVICE.

YOU UNDERSTAND AND AGREE THAT AEGIS' WILLINGNESS TO PROVIDE THE SERVICE ON THE TERMS AND CONDITIONS PROVIDED HEREIN IS CONDITIONED UPON THIS LIMITATION OF LIABILITY AND THEREFORE SUCH LIMITATION ALLOWS AN EXPLICIT BENEFIT TO YOU, NAMELY THE PROVISION OF THESE SERVICES UPON THE BASIS DESCRIBED HEREIN.

THIS PARAGRAPH 14 SHALL NOT APPLY TO THE EXTENT PROHIBITED BY LAW AND SHALL NOT APPLY TO LIMIT ANY DIRECT COMPENSATORY DAMAGES OR LOSSES DUE TO THE NEGLIGENCE OF AEGIS IN CONNECTION WITH PROVIDING THE SERVICE, INCLUDING PROCESSING APPLICATIONS AND RECEIVING CLAIMS NOTICES.

14. Exclusions and Limitations

THE ABOVE EXCLUSIONS SHALL NOT APPLY TO THE EXTENT PROHIBITED BY LAW.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES, OR FOR FRAUD OR FRAUDULENT MISREPRESENTATION. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

15. Indemnification

You agree to indemnify and hold each of AEGIS, its parents, subsidiaries, affiliates, officers and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Service, the violation of these terms by you, or the infringement by you, or any other user of your account, of any intellectual property or other right of any person or entity except to the extent caused by the negligence or wrongful act or omission of AEGIS.

16. Special Admonition for Services Relating to Financial Matters

If you intend to create or join any service, receive or request any news or other information from the Service concerning companies, stock quotes, investments or securities, please read the above sections again. Remember, "Let the investor beware." Our Service is provided for informational purposes only, and no content included in the Service is intended for trading or investing purposes. AEGIS shall not be responsible or liable for the accuracy, usefulness or availability of any information transmitted via the Service, and shall not be responsible or liable for any trading or investment decisions made based on such information.

17. Notice

AEGIS is not obligated to provide you notice of changes to the Service or to these Terms of Use.

18. Trademark Information

AEGIS is a registered trademark of Associated Electric & Gas Insurance Services Limited in the US and the UK. AEGISLINK is a registered trademark of Associated Electric & Gas Insurance Services Limited in the US and in the E.U. AEGISlink.com, www.AEGISlink.com, the AEGISlink.com logo and various other trademarks and service marks that appear on this web site are owned by Associated Electric & Gas Insurance Services Limited or by other trademark owners and, whether registered or unregistered, may not be used without the prior written permission of Associated Electric & Gas Insurance Services Limited.

19. Copyrights and Copyright Agents

The material and works published on our site are protected by copyright laws and treaties around the world.

AEGISlink.com respects the intellectual property of others, and we ask our users to do the same. If you believe that material appearing on or posted to our site infringes your copyright rights, please provide AEGIS the following information:

a. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
b. A description of the copyrighted work that you claim has been infringed;
c. A description of where the material that you claim is infringing is located on the site;
d. Your address, telephone number, and e-mail address;
e. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
f. A statement by you made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

A notice of claim of copyright infringement should be sent to:

Mark A. Walsh

Senior Vice President & General Counsel

AEGIS Insurance Services, Inc.

1 Meadowlands Plaza

East Rutherford, NJ 07073

Phone: (201) 508 2676

E-mail: MarkWalsh@AEGISLimited.com

 

20. Remedies for Breach of the Terms of Use

In the event that AEGIS determines that you have breached any portion of the Terms of Use, or have otherwise demonstrated conduct inappropriate for the AEGISlink.com community, AEGIS may (i) warn you via e-mail that you have violated these Terms of Use, (ii) delete and remove any offensive or unlawful content provided by you or your agents; (iii) discontinue your registration; (iv) notify or send content to and fully cooperate with the proper law enforcement authorities for further action; and (v) take any other lawful action that AEGIS deems to be appropriate. AEGIS is not obligated to take any of the above actions, nor is it obligated to take actions in any particular order.

21. General Information

The Terms of Use constitutes the full agreement between you and AEGIS and governs your use of our Service, superseding any prior agreements between you and AEGIS regarding the Service. You may be subject to additional terms and conditions that may apply when you use affiliated services, third-party content or third-party software.

These Terms of Use shall be governed by, construed and enforced in accordance with the laws of the State of New Jersey, as it is applied to agreements entered in and to be performed entirely within such State. Any action you bring to enforce this agreement or any matters related to this site shall be brought in either the State or Federal Courts located in New Jersey. If any provision of this agreement is void or unenforceable in whole or in part, the remaining provisions of this agreement shall not be affected thereby.

The failure of AEGIS to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision. If any provision of the Terms of Use is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms of Use shall remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the Terms of Use must be filed within one (1) year after such claim or cause of action arose.

The section titles in these Terms of Use are for convenience only and have no legal or contractual effect.

22. Questions and Concerns

If you have any questions about these Terms of Use, the practices of the AEGISlink.com site, or your experience with this Web site, please contact:

Lead Web Engineer, 3rd Floor
AEGIS Insurance Services, Inc.
1 Meadowlands Plaza
East Rutherford, NJ 07073