Applicable to Canada
This Liberty Mutual Canada Quote website ('the Site') is operated for and on behalf of Liberty Mutual Canada. Our principal place of business is 181 Bay Street, Brookfield Place, Suite 1000, Toronto, Ontario M5J 2T3.
These terms and conditions govern your access to and use of the Site and, once accepted by you, will constitute an agreement between us ("the Agreement"). This Agreement will remain in effect until terminated as provided in paragraph 7 below.
By clicking on the button marked "I accept", below, you agree to be bound to these terms and conditions, and you will be permitted to proceed to access the Site and to utilize the functions it provides. We may change or update these terms and conditions from time to time. By continuing to access and use the Site, you are agreeing that you are bound by any such changes to these terms and conditions. We may also change the format and content of the Site from time to time. You should always refresh your browser each time you visit the Site to ensure that you download the most up to date version.
1
Eligibility
1.1
You must be authorized by a licensed broker with whom we have entered into a broker agreement in order to access this Site and to transact insurance business with us. If your authority expires, is revoked or is otherwise terminated, you must notify us immediately at the address set out in that agreement and your authorization to transact business on the Site shall automatically be terminated.
2
Your Representations and Warranties
2.1
In entering into this Agreement, you represent and warrant the following:
2.1.1
That you have been authorized by the broker referenced in paragraph 1.1 to enter into this Agreement and that all information you will provide is accurate and complete, provided without misrepresentation or material omission and that Liberty may rely on that information in evaluating any request for insurance coverage.
2.1.2
You will obtain a signed and completed application for insurance from any proposed insured prior to binding the requested insurance policy. In the event the information set out on the signed and completed application differs in any way from the information provided by you through this Site, Liberty may upon review of such changes, withdraw or modify any outstanding quotation(s) and any agreement or authorization to bind coverage as a result of any misrepresentation or material omission. You agree to retain the application in your file, and to provide the application to us without undue delay. The Liberty application is available via the Site.
2.1.3
You will keep your passwords strictly confidential, and inform us as soon as practical if you become aware of any loss, theft, or unauthorized disclosure or use of your ID or password.
2.1.4
You will use the Site and transact business with us in a manner which complies with all applicable laws, rules and regulations, including those applicable to the transaction of insurance business in Canada.
2.1.5
You will be responsible for all content and data you post on the Site, and you agree not to post or transfer any message that is defamatory, obscene, illegal, in breach of copyright or other intellectual property right, or damaging to data, software or the performance of the recipient computer system or which is otherwise in breach of any third party right.
2.1.6
You will not seek to amend anything on the Site or include or create any link to the Site without our express written consent.
2.1.7
You will not remove or change any copyright, trademark or other intellectual property notices contained on any material copied or printed from the Site, or use such materials for a purpose not required by this Agreement.
2.1.8
You must not seek to introduce any computer virus (including any variant or similar code or instructions) to the Site, nor deliberately seek to prevent or hinder the Site's usual operations in any manner whatsoever.
2.1.9
You will inform us as soon as practicable of any breach in security relating to the Site which you suspect or of which you become aware.
3
Indemnification
3.1
You agree to indemnify and hold Liberty and our affiliates (meaning any member of the Liberty Mutual Group), agents and employees harmless for all losses, liabilities, costs, suits, claims, demands, or damages (including all reasonable legal fees) arising from any breach of the representations and warranties set forth in paragraph 2 of this Agreement.
4
Use of the Site
4.1
Your right to access the Site is granted solely for the purpose of using the Site to transact insurance business with us, and you agree not to use the Site for any other purpose or commercial gain.
5
Personal Information
5.1
Usage of any personal information provided to us by you via the Site is governed by our Privacy Policy, which forms part of this Agreement and may be accessed by clicking on the Privacy Policy button located at the top of this screen. In the event that Liberty undergoes reorganization or is sold to a third party, any personal information Liberty holds about you may be transferred to that reorganized entity or third party, provided that their usage remains in accordance with our Privacy Policy. Liberty shall not be responsible or liable for any harm or loss arising from or in any way connected with your use of this Site or transmitting information to Liberty via the Site.
6
Disclaimer of Warranties and Limitation of Liability
6.1
YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. ACCESS TO AND USE OF THE SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, AND TO THE EXTENT PERMISSABLE BY LAW, WE EXPRESSLY DISCLAIM ANY IMPLIED WARRANTIES OF QUALITY AND FITNESS FOR A PARTICULAR PURPOSE OR USE AND NON-INFRINGEMENT.
6.2
YOU UNDERSTAND AND AGREE THAT TO THE EXTENT PERMISSIBLE BY LAW, WE WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES ARISING OUT OF YOUR USE OF OR ACCESS TO THE SITE, INCLUDING DAMAGES ARISING OUT OF LOST OR DISCLOSED DATA, LOST PROFITS OR BUSINESS OPPORTUNITIES OR OTHER ECONOMIC DAMAGES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR IF IT IS A REASONABLY FORESEEABLE CONSEQUENCE OF YOUR ACCESS TO AND USE OF THE SITE OR ARISING OUT OF OR IN ANYWAY RELATED TO THE UNAVAILABILITY OF THE SITE NO MATTER HOW CAUSED. THIS LIMITATION WILL APPLY REGARDLESS OF THE FORM OF THE ACTION, WHETHER IN CONTRACT, STRICT LIABILITY OR TORT, INCLUDING NEGLIGENCE.
7
Suspension and Termination
7.1
We may suspend the operation and availability of the Site at any time, for any reason, including repair or maintenance in order to update or upgrade the contents or functionality of the Site from time to time. Access to or use of the Site will not necessarily be uninterrupted or error free.
7.2
We may terminate this Agreement at any time on giving notice to you. In addition, we may suspend or terminate your access to the Site and/or this Agreement immediately in the event you breach any term of this Agreement, or if we reasonably suspect any breach of security.
8
Miscellaneous
8.1
You agree that you have no authority to rate, quote or bind any policy on behalf of us or any authority to adjust or settle claims on our behalf or otherwise bind us, unless you have our prior written consent.
8.2
You have no authority to act on our behalf and nothing contained herein shall be construed as authorizing you to so act as our agent.
8.3
All trademarks, services marks, trade names, logos, icons, images and domain names located on this Site are the property of Liberty or our third party providers. Nothing contained on this Site should be construed as granting, by implication or otherwise, any license or right to use such trademarks, service marks, trade names, logos, icons, images or domain names without the written permission of Liberty and its Licensees.
8.4
Each party accepts the integrity of communications entered on the Site, emails and facsimile transmissions, and agrees to accord such communications the same status as documents or information sent by other than electronic means unless such communication can be shown to be corrupted or materially altered.
8.5
Should any part of this Agreement be declared invalid by a court of competent jurisdiction, such determination shall not affect the validity of any remaining portions and such remaining portions shall remain in full force and effect.
8.6
The terms of this Agreement supersede any prior contract or agreement, understanding or arrangement, whether written or oral, or any course of dealing between you and us with respect to the subject matter of this Agreement and shall constitute the entire agreement between us in relation to its subject matter. Nothing in this Agreement is intended to exclude or limit liability for fraudulent misrepresentation.
8.7
The products and services described in this Site may not be available in all jurisdictions in which Liberty Mutual Insurance Company carries on business and may only constitute a solicitation where permitted by law.This Agreement shall be governed by and construed in accordance with the laws of the province of Ontario and in the event of any dispute between us, the courts of the province of Ontario shall have exclusive jurisdiction.
8.8
This website is hyperlinked to other websites which are not maintained or controlled by Liberty, and we are not responsible for the content of those websites. The inclusion of any hyperlinks to any such websites does not imply approval of or endorsement by Liberty of those websites, their content and/or services. If you have difficulty linking to any hyperlinked websites or wish to report that a linked website is inoperative, please notify Liberty. The websites of other Liberty subsidiaries or affiliates may contain separate terms and conditions of use and privacy policies. When visiting such websites please read the terms and conditions governing the use of such websites, which shall be binding on you.
8.9
A person who is not a party to this Agreement may not enforce any term of its terms.
9
Inquiries and Complaints
Complaints or inquiries may be sent to Compliance Officer at Liberty Mutual Canada at 181 Bay Street, Brookfield Place, Suite 1000, Toronto, Ontario M5J 2T3.