Legal and Privacy
Your access to and continued use of this Web Site (the "Site") constitutes your acceptance of and compliance with the following provisions. If you have not already done so, please take some time to familiarize yourself with these provisions. This agreement constitutes the entire agreement between you and 50 First Insurance Inc. doing business as Ned Insurance (hereinafter “Ned Insurance” with respect to the use of this Site). If you do not agree to these terms and conditions, you should immediately discontinue any use of the Site. Also note that these terms and conditions may change from time to time and it is your responsibility to check for such updates. We may amend or supplement this agreement at any time. Please check this agreement prior to each use so that you will understand the terms applicable to your access and use of this Site. If you do not agree to the amended agreement, you may not continue to access or use the Site. Your continued use of this Site following the posting of changes to this agreement shall be deemed as your acceptance of those changes.
1. Joint Web Site.
This Site is not intended to provide specific insurance, business or other general advice for any individual or business entity and should not be relied on for such advice or otherwise. Persons seeking advice with regard to insurance, business or other matters should contact a licensed professional. Ned Insurance has the right to vary, modify, change or discontinue: (i) any feature or function offered on this Site; (ii) any part or all of this Site, including hours of availability; and (iii) to restrict access to part or all of this Site from time to time with or without notice to you.
2. Privacy Statement
Ned Insurance is committed to protecting your privacy by complying with the laws and regulations under applicable privacy laws in Canada including the Personal Information Protection and Electronic Documents Act (Canada). We identify the purposes for which we will be collecting, using and disclosing your personal information and obtain your consent prior to doing so. You may contact our Privacy Officer privacy.officer@NEDinsurance.com. Click here for a PDF of our privacy statement.
3. Ownership of Intellectual Property and Grant of Limited Licence.
(1) All content, information displayed, performed or otherwise accessible through this Site, including, without limitation, advertising, designs, texts, images, photographs, audio clips, video clips and any copyrightable and/or patentable elements, and the selection and arrangements thereof, and all trademarks, service marks, trade names and patents (“Site Materials”) are the property of Ned Insurance, its partners, affiliates and/or any of their successors and assigns, third party licensors and/or other respective owners and are protected, without limitation, by Canadian and other foreign copyright, trademark and patent laws.
(2) Ned Insurance hereby grants to you a limited license to access and use this Site, for your personal, non-commercial use, provided that this license is limited to the display of the Site Materials in their entirety, including but not limited to visual elements such as advertisements that adjoin them. Any attempts to access the Site Materials in a manner that obscures or blocks such adjoining visual elements is a violation of the license granted hereunder. You may print and retain a copy of pages of this Site only for your own personal, non-commercial use. Except as expressly provided above, you agree that no portion of this Site may be accessed, used, reproduced, duplicated, copied, or otherwise exploited by you for any other purpose, and nothing contained herein shall be construed as conferring any other right. You may not use the Site Materials in a manner that suggests an association with any of our products. You may not make any modifications to any Site Materials other than as expressly permitted by us.
4. Products and Services
(1) No part of the Site should be taken to constitute an offer or solicitation to buy or sell products or services. Some products or services mentioned on the Site may only be available in certain areas or jurisdictions. (2) Any products or services mentioned on the Site are made available in accordance with local law and only where they may be lawfully offered for sale. (3) The information and descriptions contained on this Site are not intended to be complete and accurate descriptions of all terms, conditions and exclusions of the product and services. In all cases, the product and services shall be governed by the terms and conditions of the policy applicable thereto.
5. Hyperlinks
(1) The Site may contain links to other sites. These links are provided as references to help you identify and locate other Internet resources that may be of interest. These other sites were independently developed by parties other than Ned Insurance and Ned Insurance does not assume responsibility for the accuracy or appropriateness of the Information contained at such sites. In providing links to other sites, Ned Insurance is in no way acting as a publisher or disseminator of the material contained on those other sites and does not seek to control the content of, or maintain any type of editorial control over, such sites. A link to another site should not be construed to mean that Ned Insurance is affiliated or associated with, or is legally authorized to use any trademark, trade name, logo or copyrighted symbol that may be reflected in the link or the description of the link to such other sites.
(2) The mention of another party or its product or service on the Site should not be construed as an endorsement of that party or its product or service. You should make an independent investigation and evaluation before acquiring, using or relying upon any such products or services.
(3) Ned Insurance is not responsible for the privacy practices and policies and the legal liabilities of other sites to which this Site may provide a link.
6. No Advice or Warranties
(1) Ned Insurance does not guarantee the quality, accuracy, completeness or timeliness of the information provided on this Site. Ned Insurance assumes no obligation to update the Information or advise on further developments concerning topics mentioned. Information contained on the Site may contain typographical errors. Information provided may be changed without notice. Access to this Site is provided on an "as is" basis. You should not assume that the Site will be error-free or that the Site will operate without interruption.
(2) Ned Insurance disclaims all warranties, representations and conditions regarding use of the Site or the Information provided and all implied warranties or conditions of merchantability, fitness for a particular purpose, non-infringement, whether express or implied, or arising from a course of dealing, usage or trade practice.
(3) Ned Insurance is not responsible for any content or information that you may find undesirable or objectionable.
7. NO LIABILITY
NED INSURANCE IS NOT RESPONSIBLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGE OR ANY OTHER DAMAGE WHATSOEVER AND HOWSOEVER CAUSED, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE SITE IN RELIANCE ON THE INFORMATION AVAILABLE ON THE SITE, INCLUDING ANY LOSS OF USE, LOST DATA, LOST BUSINESS PROFITS, BUSINESS INTERRUPTION, PERSONAL INJURY OR ANY OTHER PECUNIARY LOSS, WHETHER ACTION IS IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHER TORTIOUS ACTION. NED INSURANCE DISCLAIMS ANY LIABILITY FOR UNAUTHORIZED USE OR REPRODUCTION OF ANY PORTION OF THE SITE.
8. Indemnity
You will indemnify and save harmless Ned Insurance from and against any and all losses, claims, damages, actions, causes of action, costs and expenses that Ned Insurance may sustain, incur, suffer or be put to at any time or times as a result of a third party claim or demand that in any way arise out of the use of the Site or out of anything done or omitted to be done by yourself, your servants, employees, agents, trustees, officers, subcontractors, or members relating directly or indirectly to this Site.
9. Confidentiality Warning
While we will make every effort to protect your privacy in compliance with applicable Canadian privacy laws, please note that the Internet is not a secure medium and your privacy cannot be ensured. Internet e-mail is vulnerable to interception and forging. Ned Insurance will not be responsible for any damages you or any third party may suffer as a result of the transmission of confidential information that you make to Ned Insurance through the Internet, or that you expressly or implicitly authorize Ned Insurance to make, or for any errors or any changes made to any transmitted information. Ned Insurance will not be responsible for any damages you or any third party may suffer as a result of the transmission of confidential information that you make to Ned Insurance or any other third party of whom you may have become aware as a result of accessing the Site or by following a link to another site which is found on this Site through the Internet.
10. Computer Viruses
While every effort is made to ensure that all information provided at the Site does not contain computer viruses, you should take reasonable and appropriate precautions to scan for computer viruses and should ensure that you have a complete and current backup of the applicable items of information contained on your computer system. You should pay specific attention to some of the newer viruses that have been written to automatically execute when an infected word processing document is loaded into certain word processing programs.
11. Linking to this Site
You may link to the front page of this Site. Any other link to this Site, and any linking to pages within the Site or framing of content of the Site is prohibited without prior written consent of Ned Insurance.
12. Conformance with Law
(1) You agree that your use of the Site shall not violate any applicable local, national or international law, including but not limited to any regulations having the force of law. Some jurisdictions may have restrictions on the use of the Internet by their residents.
(2) You agree not to impersonate another person in your use of the Site or the sending of any e-mail to an address listed on the Site.
(3) You agree that you shall not upload, submit, publish, transmit, display, disseminate or otherwise communicate any materials while connected to or otherwise using this Site that: (i) are defamatory, libelous or inaccurate, (ii) are abusive or threatening towards or invade the privacy of any third party, (iii) are offensive, obscene or pornographic; (iv) infringe the intellectual property rights, including copyrights, of any third party; (v) violate any law or regulation; (vi) advocate illegal activity; (vii) advertise or otherwise solicit funds or are a solicitation for goods or services; or (viii) are treated as confidential under any contract or policy.
13. Choice of Law
The laws of the Province of Ontario and the laws of Canada applicable therein shall govern as to the interpretation, validity and effect of this agreement notwithstanding any conflict of laws provisions or your domicile, residence or physical location. You consent and submit to the exclusive jurisdiction of the courts of the Province of Ontario in any action or proceeding instituted under or related to this agreement.
14. Submissions
(1) All information submitted to Ned Insurance via the Site shall be deemed and remain the property of Ned Insurance and Ned Insurance shall be free to use, any ideas, concepts, know-how or other techniques contained in information provided to Ned Insurance through the Site. In that regard, you shall be deemed to have irrevocably and perpetually assigned to Ned Insurance of charge all of your worldwide right, title and interest in and to such user content, and waived any “moral” or author’s rights or rights to attribution therein completely and irrevocably. Without limiting the foregoing, Ned Insurance shall exclusively own all now known or hereafter existing rights to your user content of every kind and nature throughout the world, and shall be entitled to unrestricted use of your user content for any purpose whatsoever, commercial or otherwise, without compensation to you.
(2) You warrant that any software submitted to Ned Insurance shall be free of computer viruses.
15. General
(1) If any provision of this agreement is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this agreement, which shall remain in full force and effect.
(2) No waiver of any term of this agreement shall be deemed a further or continuing waiver of such term or any other term.