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          Terms of Use

          Generali U.S. Branch Terms of Use
          Last updated June 1, 2015

          These terms of use (the “Terms” or “Agreement”) constitute a legal agreement between you (the “User” or “Users”), and Generali U.S. Branch (“Generali”), each a “Party” and collectively the “Parties”. The Agreement provides the legal terms under which the User may utilize www.generaliusa.com (the “Site”). Generali (NAIC # 11231) is a New York, NY domiciled insurer which is admitted or licensed to do business in all 50 states and the District of Columbia.

          Generali may amend this Agreement at any time by posting the amended Terms to the Site, and the User agrees that their use of the Site after such changes will constitute the User’s acceptance of such changes. Changes to this Agreement will not be applied retroactively. The date of the most recent revision is included at the top of this page. If the User does not agree to the Terms, they are not permitted to view or otherwise use the Site.

          1. Use of the Site
            • Generali provides the Site for the User’s information and use strictly in accordance with applicable international, federal, state and local laws and regulations (“Applicable Laws”), and the User agrees to abide by all Applicable Laws while accessing or using the Site.
            • The Site refers to U.S. business activities and/or products and services and provides general information with respect to such products and services. Inquiries from U.S. residents as to insurance or other products or services should be directed to an insurance agent or broker licensed to conduct business in the relevant U.S. state.
          2. Permitted uses of the Site
            • Users may:
              • Browse and use the Site for lawful purposes, in compliance with all Applicable Laws, using a compatible web browser. Permission to browse the Site includes permission to make transient or cached copies of parts of the Site to the extent that this occurs in the normal course of using said browser and that these copies are used only to facilitate current or subsequent access to the Site by the User;
              • Print a copy of any page of the Site for the User’s own personal, lawful purposes in compliance with all Applicable Laws, provided the User not erase or delete any notices or disclaimers on such materials; and,
              • Otherwise use the Site in accordance with all Applicable Laws without engaging in any conduct or activities set out under the heading “Prohibited uses of the Site”, below.
          3. Prohibited uses of the Site:
            • Except as stated in Part 2, above, the User is not allowed to make copies of any part of the Site, nor distribute, publish, or retransmit any copies.
            • Users may not remove or change, nor attempt to remove or change, any information, notices, software, features, functionality or other content on the Site.
            • Users are not allowed to remove or change any copyright, trademark or other intellectual property right notices nor any other notices or disclaimers contained on the Site or in the original material, or from any material copied or printed from the Site.
            • Users may not access or use the Site in an unlawful manner, nor access any portion of the Site intended for use by licensed professionals unless the User is a licensed professional.
            • Users may not transmit, retransmit, upload or store any information or content in violation of any Applicable Laws including, but not limited to, obscenity, indecency, defamation or infringement of intellectual property rights, laws or regulations. Additionally, Users may not abuse or fraudulently use the Site, nor allow nor permit such use by others, nor provide false information about the User or impersonate another person or entity, nor misrepresent the User’s status or affiliation with any other person or entity at any time.
            • Users may not duplicate, publish, modify, distribute, license, publicly display or create derivative works from any content located on the Site, or use any content on the Site for any commercial purpose, unless expressly authorized by these Terms or by Generali in a separate writing.
            • Users may not access the Site by any means other than through a commercially available web browser. The User further agrees they will not collect any information from or through the Site using any automated means, including without limitation any script, spider, “screen scraping,” or “database scraping” application. Users will not damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of it.
          4. User personal information
            • User acknowledges and agrees that by providing Generali with any personal or proprietary User information (“Personal Information”) through the Site, User consents to the transmission of such Personal Information over national or international borders as necessary for processing and storage in accordance with Generali’s standard business practices. Usage of Personal Information is governed by Generali’s Privacy Policy (view Generali’s Internet Privacy Policy). Users may not use the Site if they do not agree with our Privacy Policy. Linked Sites, as defined below in Part 5, may treat Personal Information differently than Generali.
            • Without limitation of any of the rights granted to Generali herein, User acknowledges and agrees that Generali may preserve and disclose information about the User, their policy and transactions made through the Site if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce Generali’s rights; or (c) protect the rights, property, or personal safety of any individual or the public.
          5. Copyright and trademark rights
            • The trademarks, logos and service marks (“Marks”) displayed on the Site are the property of Generali and other parties. Users are prohibited from using any Marks for any purpose including, but not limited to, use as metatags on other pages or websites without the prior written permission of Generali or the owner of the relevant Marks.
            • User hereby acknowledges and agrees that, as between Generali and the User, all right, title, and interest in and to the Site, including without limitation any patent rights, patents, business methods, Marks, trade secrets, inventions, know-how, and all other intellectual property rights (collectively “Intellectual Property”) pertaining thereto, shall be owned exclusively by Generali.
            • The Site may contain links to websites operated by other parties (each a “Linked Site”). Generali provides these links to other websites as a convenience, and the User bears the risk of using these websites. Linked Sites are not under the control of Generali, and Generali is not responsible for the content available on these third party websites. Such links do not imply Generali's endorsement of information or material on any other website and Generali disclaims all liability with regard to the User’s access to and use of such Linked Sites.
            • Unless otherwise set forth in a separate written agreement between the Parties, the User must adhere to Generali’s linking policy as follows: (i) the appearance, position and other aspects of the link may not be such as to damage or dilute the reputation of Generali; (ii) the appearance, position and other attributes of the link may not create the false appearance that your organization or entity is sponsored by, affiliated with, or associated with Generali; (iii) when selected by a User, the link must display the Site on full-screen and not within a “frame” on the linking website; and (iv) Generali reserves the right to revoke its consent to the link at any time and in its sole discretion.
          6. No Warranties
            • THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. GENERALI MAKES NO WARRANTY AS TO THE ACCURACY, SECURITY, COMPLETENESS OR RELIABILITY OF ANY CONTENT AVAILABLE THROUGH THE SITE. USERS ARE RESPONSIBLE FOR VERIFYING ANY INFORMATION BEFORE RELYING ON IT.
              NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY USERS FROM GENERALI OR THROUGH OR FROM THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS. GENERALI SHALL NOT BE LIABLE FOR ANY ERRORS OR DELAYS IN THE CONTENT, OR FOR ANY ACTIONS TAKEN IN RELIANCE THEREON.
          7. Limitation of liability for use of the Site and Linked Sites
            • Generali is under no obligation to update any content on the Site and may change the content on the Site and may make improvements or changes to the Site, at any time without notice.
            • USERS AGREE THAT GENERALI, ITS PARENT, SUBSIDIARIES, AFFILIATES AND ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS WILL NOT BE LIABLE, WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, FOR ANY LOSS OR DAMAGE WHICH USERS MAY CLAIM TO HAVE SUFFERED BY REASON OF OR IN CONNECTION WITH THE SITE OR ANY LINKED SITE, INCLUDING WITHOUT LIMITATION COMPENSATORY, PUNITIVE, SPECIAL, CONSEQUENTIAL, INCIDENTAL OR INDIRECT DAMAGES (INCLUDING WITHOUT LIMITATION LOST PROFITS, LOST SERVICE OR LOST OPPORTUNITY), EVEN IF GENERALI IS MADE AWARE OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION ON LIABILITY INCLUDES, BUT IS NOT LIMITED TO, THE TRANSMISSION OF ANY VIRUSES WHICH MAY INFECT A USER’S EQUIPMENT, FAILURE OF MECHANICAL OR ELECTRONIC EQUIPMENT OR COMMUNICATION LINES, TELEPHONE OR OTHER INTERCONNECT PROBLEMS (E.G. USERS CANNOT ACCESS THEIR INTERNET SERVICE PROVIDER), UNAUTHORIZED ACCESS, THEFT, OPERATOR ERRORS, STRIKES OR OTHER LABOR DISRUPTIONS OR ANY OTHER EVENTS WHATSOEVER. WITHOUT LIMITING THE FOREGOING, GENERALI'S AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT AND THE USER’S USE OF THE SITE SHALL NOT EXCEED THE AMOUNT PAID BY USER TO GENERALI DURING THE SIX (6) MONTHS PRIOR TO THE DATE THE APPLICABLE CAUSE OF ACTION AROSE.
          8. Suspension and termination of service
            • Generali reserves the right, at its sole discretion, immediately and without notice, to suspend or terminate the Terms and/or the User’s ability to access the Site for any reason, including without limitation any breach by the User of the Terms or conduct by the User that Generali determines in its sole and absolute discretion to be inappropriate. The User agree that Generali shall not be liable to the User or any third-party for any such suspension or termination. Generali may, at any time and from time to time, modify or discontinue, temporarily or permanently, the Site, or any portion thereof, with or without notice. The User agrees that Generali shall not be liable to the User or to any third party for any modification, suspension, or discontinuance of the Site.
          9.  Site inquiries or complaints
            • Users with inquiries or complaints about the Site should address them to:
              • Legal Department
                Generali U.S. Branch
                7 World Trade Center
                250 Greenwich St, 33rd floor
                New York, NY 10007
                Tel: 212-602-7600
                Email: Legal@generaliusa.com
          10. Access to password protected/secure/restricted access Site areas
            • Access to and use of password protected areas and/or secure access areas and/or areas restricted to licensed professionals on the Site is limited to authorized users only. Unauthorized individuals attempting to access these areas of the Site may be subject to prosecution.
          11. User Content
            • “User Content” means any content, material or information that the User contributes through the Site. The User hereby grants Generali a perpetual, irrevocable, worldwide, paid-up, non-exclusive license and right, including the right to sublicense to third parties, to: reproduce, fix, adapt, modify, translate, reformat, create derivative works from, publish, distribute, sell, license, sublicense, transfer, rent, lease, transmit, publicly display, publicly perform or provide access to, electronically broadcast, display, perform, enter into computer memory, and the right to use and practice such User Content as well as all modified and derivative works thereof. The User hereby represents and warrants that the User has, and possesses the documentation to establish, all necessary rights to grant the license referenced in the preceding sentence. To the extent permitted by applicable laws, the User hereby waives any moral rights the User may have in any User Content.
          12. Dispute Resolution and Governing Law
            • Binding Arbitration. If the Parties are unable to resolve any controversy or claim related to this Agreement (each a “Dispute”), both Parties agree that, except for those Disputes expressly excluded below, such Dispute shall be finally and exclusively resolved by binding arbitration. THE USER UNDERSTANDS THAT ABSENT THIS PROVISION, THE USER MAY HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. The arbitration shall be commenced and conducted by the American Arbitration Association under its Commercial Arbitration Rules. For the convenience of the Parties, the arbitration may be conducted in person, through the submission of documents or by phone. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so.
            • Restrictions. The Parties agree that any arbitration shall be limited to the Dispute between Generali and the User individually. To the full extent permitted by law: (1) no arbitration shall be joined with any other; (2) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (3) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.
            • Exceptions to Arbitration. The Parties agree that the following Disputes are not subject to the above provisions concerning binding arbitration: (1) any Disputes seeking to enforce or protect, or concerning the validity of, any of Generali’s Intellectual Property rights; (2) any claim for injunctive relief; and (3) any attempt to collect a debt.
            • Location. Any arbitration will take place in New York, NY. Any Dispute not subject to arbitration (other than claims proceedings in any small claims court), shall be decided by a court of competent jurisdiction within New York, NY, and the Parties hereby submit to the personal jurisdiction of that court.
            • Governing Law. Except as otherwise provided for herein, this Agreement shall be governed by, and will be construed under, the laws of the state of New York, without regard to choice of law principles. Those who choose to access the Site from locations outside of the United States do so on their own initiative, and are responsible for compliance with local laws if and to the extent local laws are applicable.
          13. General Terms
            • If any provision of the Terms 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 shall remain in full force and effect. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Generali’s failure to act with respect to any failure by the User or others to comply with these Terms does not waive Generali’s right to act with respect to subsequent or similar failures. These Terms set forth the entire understanding and agreement between the Parties with respect to the subject matter hereof. These Terms relate to this Site only. Other Generali websites may also contain a Terms of Use or Terms and Conditions that may differ from these Terms. When visiting other Generali websites please read the Terms of Use or Terms and Conditions that are specific to that website.
            • Any cause of action or claim the User may have with respect to this Agreement or the Site must be commenced within six (6) months after the claim or cause of action arises or such claim or cause of action shall be barred. The User may not assign or transfer their rights or obligations under this Agreement without the prior written consent of Generali, and any assignment or transfer in violation of this provision shall be null and void. Generali shall not be liable for any delay or failure to perform resulting from causes outside the reasonable control of Generali, including without limitation any failure to perform hereunder due to unforeseen circumstances or cause beyond Generali’s control, such as acts of God, fire, flood, earthquake, accidents, strikes, war, terrorism, governmental act, failure of common carriers (website providers and web hosting providers), or shortages of transportation facilities, fuel, energy, labor, or materials.