Terms of Use and Conditions for Use of this Site

Please read these terms and conditions carefully before accessing this Web site.

This information that ABA Insurance Services Inc. (we/us) provides on this Site is not an offer to sell insurance. Insurance coverage cannot be bound, modified or changed through the submission of any online form or application available on this Site, nor can coverage be bound, modified or changed by, email, voice mail, fax or any social media communication. No binder, insurance policy, change, modification, addition, or deletion to insurance coverage goes into effect unless and until it is confirmed directly by an underwriter of ABA Insurance Services Inc. and its dbas. Any proposal of insurance that we may present to you will be based upon the information you provide to us via submitted forms/applications and in other communication you have had with us.

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 ABA Insurance Services Inc. (ABA Insurance Services) 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 is 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 ABA Insurance Services’ professional liability and fidelity insurance coverages for financial institutions and small to middle market businesses nationwide.

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 ABA Insurance Services, except that you may display and print the materials presented on the Site for the specific business purpose set forth herein.

Copyright/Service Marks

Except where otherwise indicated, all materials contained in this Site are the copyrighted property of ABA Insurance Services and/or third party licensors. The ABA Insurance Services logo, all other service marks, and the names of various products and services described within are service marks of ABA Insurance Services unless otherwise indicated.

Nothing contained on the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of the intellectual property without the written permission of ABA Insurance Services.

ABA Insurance Services reserves all rights to its intellectual property. Any materials printed or downloaded from the Site shall retain all ABA Insurance Services 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 ABA Insurance Services 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 ABA Insurance Services. These links are provided solely for your convenience. ABA Insurance Services 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.

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 ABA Insurance Services. The insurance coverage offered by ABA Insurance Services is subject to the Terms of Use and conditions of the policies issued. ABA Insurance Services 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. ABA INSURANCE SERVICES 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. ABA INSURANCE SERVICES 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. ABA INSURANCE SERVICES 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. ABA INSURANCE SERVICES DISCLAIMS ANY WARRANTY OR REPRESENTATION THAT THE SITE, ITS SERVERS OR ANY E-MAIL SENT FROM ABA INSURANCE SERVICES 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 ABA INSURANCE SERVICES 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 ABA INSURANCE SERVICES 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 ABA INSURANCE SERVICES OR ITS AFFILIATES, EVEN IF ABA INSURANCE SERVICES OR ITS AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Articles and Coverage Examples Are Purely Informational

All coverage descriptions and claims examples are provided for informational and educational purposes only and are not a representation as to coverage for any other claim. Coverage for any claim is determined upon the specific facts of the claim, the terms and conditions of the policy and applicable law. For details on the coverage provided by your specific contract of insurance, please refer to your policy. Coverage is subject to underwriting guidelines and may not be available in all states. Limits may be capped for underwriting reasons.

Similarly, articles are provided for informational purposes only and are not intended to provide legal advice. Any discussion relating to policy language and/or coverage requirements is non-exhaustive and provided for informational purposes only. For details on the coverage provided by your specific policy, please refer to your policy.

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 ABA Insurance Services, 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 ABA Insurance Services takes any action against you to enforce these Terms of Use, ABA Insurance Services 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 ABA Insurance Services may be entitled.