Agreement to Terms:  These Terms of Use are between you and Canal Insurance Company and its subsidiaries (“Canal”) concerning your use of this application and any other applications owned or operated on behalf of Canal, as well as any software applications made available by or on behalf of Canal for use on or through computers and mobile devices.  We created this application for the use and convenience of our customers, prospective customers and agents.  By accessing this application, you agree to all terms, conditions, and notices contained or referenced here.  If you do not agree to these Terms of Use, you should not use the application.  This application presents information and content that is the property of Canal.  When used in these Terms of Use, “we” and “our” mean Canal.

Changes:  We reserve the right, in our sole discretion, to update or revise these Terms of Use, and the content on this application, at any time without prior notice.   The changes may include superseding terms and conditions or specific notices.  You are bound by any such revisions and should therefore periodically visit this page to review the current terms and conditions.   Your continuing use of this Site constitutes your acceptance of any change or update, all of which shall become controlling when posted.

No Offer:  Product descriptions provided on this application do not constitute offers to sell or solicitations in connection with any product or service.  Not all of the products or services described on this application are available in all geographic areas of the United States.  You may not be eligible for all of the described products or services, and we reserve the right to determine your eligibility for any product or service. 

No Guarantee of Coverage:  This application does not make any representations that coverage exists for any particular claim or loss, or type of claim or loss, under any policy.  Whether coverage exists for any particular claim or loss under any policy depends on the facts and circumstances involved and all applicable policy wording. 

Copyright and Restrictions on Use of Materials:  This application is owned and operated by Canal.  All of the information and content on this application, including but not limited to all text, documents, graphics, software applications, video and audio files, photos and the overall appearance of the application (“Content”), are the exclusive property of Canal.  Except where otherwise indicated, this Content is protected by applicable copyright laws.   

Permission is hereby granted to use, copy and distribute these materials as presented in this application and without alteration for non-commercial purposes only, provided that all copyright and other proprietary notices appear on all copies in the same manner as the original.  All other uses are prohibited.  Canal neither warrants nor represents that your use of the materials displayed on this application will not infringe rights of third parties not owned by or affiliated with Canal.

Except as expressly provided herein, you shall not use any portion of this application, or any other intellectual property of Canal, on any other application (including source code) or in any other materials, printed or electronic.  Except as expressly provided herein, you shall not distribute, modify, reproduce, (re)post, (re)publish, (re)use, transmit, upload, create derivative works from or otherwise use any of this application’s content for public or commercial purposes, or frame this application within any other application without our prior written permission.  Systemic retrieval of data or other content from this application for any purpose, including but not limited to creation of a database or directory, without prior written permission, is prohibited. 

Trademarks:  All trademarks, service marks, trade names, logos, and icons, including “Risk Solutions for the Road Ahead” are proprietary to Canal, and may be designated as such from time to time through use of the TM, SM, or ® symbols.  Nothing contained on the application should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark displayed on this application without the written permission of Canal or such third party that may own the trademark.  Images displayed on this application are either the property of, or used with permission by, Canal. Any unauthorized use of the images may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.  Except as otherwise provided herein, your use of the trademarks displayed on this application, or any other content on this application, is strictly prohibited.

Third-party applications:  This application contains links to other applications (“Third-party applications”) that are not maintained by Canal.  These links are provided solely for your convenience as they may include information of interest or use to you.  Canal makes no warranties or representations about the content of, any products or services offered by, or the intellectual property compliance of, such Third-party applications.  We recommend that you familiarize yourself with the privacy policies and terms of use of these applications prior to use.

Internet Privacy Policy:  At Canal, we understand that you may have privacy concerns.  To that end, we have physical, electronic, and procedural safeguards in place to protect personally identifiable information that you may provide us through this application.  Any information provided will only be shared or used for legitimate business reasons related to the reason it was provided to us.  We may also share your information as required or allowed by law.  Please refer to our Privacy Policy for more details. 

Privacy and Ownership of Information:  Unless otherwise expressly set forth herein and with the exception of personal information subject to Canal’s Privacy Policy, any information, communications or material submitted to Canal through this application or otherwise will be treated as nonconfidential and nonproprietary and will become the property of Canal.  Such information, communications or material may be used for any purpose, including, but not limited to, reproduction, solicitation, disclosure, transmission, publication, broadcast, and posting. Furthermore, Canal is free to use any ideas, concepts, know-how, or techniques contained in any communication you send to this application for any purpose whatsoever, including, but not limited to, developing and marketing products using such information.  Except as specified in the Privacy Policy, set forth in any specific terms or conditions, or specifically agreed or required by law, we shall not be subject to any confidentiality obligations regarding any information so submitted. 

Jurisdictional Issues:  Unless otherwise expressly set forth herein, Canal makes no representation that materials on this application are appropriate or available for use in any location, including locations outside of the United States.  Accessing these materials where their contents are illegal is prohibited.  Those who choose to access this application do so on their own initiative and are responsible for compliance with local laws.  Except as specifically set forth herein, the information contained on this application is not an offer to sell or a solicitation to buy any security, insurance product or other product or service.  No security, insurance product or other product or service is offered or will be sold in any jurisdiction in which such offer or solicitation, purchase or sale would be unlawful under the securities, insurance or other laws of such jurisdiction.  Some products and services may not be available in all jurisdictions.

NO WARRANTY:  While we will make every reasonable effort to include accurate and up to date content on the application, errors and omissions sometimes occur.  All content on this application, or any linked application, is furnished on an “as-is” basis.  To the fullest extent permitted by law, Canal expressly disclaims all warranties of any kind, regarding the accuracy of the content or functions of this application, including but not limited to implied warranties of merchantability, fitness for a particular purpose and non-infringement.  Canal does not warrant or represent that the functions or operation of this application will be uninterrupted or error-free, that defects will be corrected, or that this application, its servers or any email sent from Canal are free of viruses or other harmful components.  To the extent said disclaimer is found to be prohibited by law, the application content will be warranted only to the minimum extent legally required.  This Section applies equally, but not exclusively, to any software, documents, information, or services available on the application.

NO LIABILITY:  In using this application, you specifically agree that, to the fullest extent permitted by law, neither Canal nor any party involved in creating, producing, or delivering the application, shall be liable for any injury, loss, or claim (“Claim”), nor any indirect, special, incidental or consequential damages of any kind (“Damages”).  This disclaimer shall apply whether the Claim is based in contract, tort (including negligence), strict liability or otherwise, arising out of any use, or the inability to use, this application or any linked application, whether those damages are financial in nature or result from lost, incomplete or interrupted data or transactions, even if Canal has been advised of the possibility of same.  In no event shall Canal’s total liability to you for all Claims and Damages exceed the amount paid by you, if any, for accessing the application.  Canal also assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect, your computer equipment or other property as a result of your access to, use of, or browsing in the application or your downloading of any materials, data, text, images, video, or audio from this application.  This Section applies equally, but not exclusively, to any software, documents, information, or services available on the application.

Indemnification:  Upon request by Canal or any covered third party as defined below, you agree to defend, indemnify, and hold harmless Canal and said parties from all liabilities, claims and expenses, including attorney’s fees, that arise from the following: (a) your use or misuse of the application; (b) any inaccuracy, error, delay in, or omission of (1) any information, or (2) the transmission or delivery of information; and (c) any loss or damage arising from or occasioned by any non-performance, or interruption of information due to (1) negligent act or omission by the Indemnitees or any (2) “force majeure” event (i.e. flood, extraordinary weather conditions, earthquake, or other act of God, fire, war, insurrection, riot, labor dispute, accident, action of government, communications, power failure, or equipment or software malfunction), or (3) any other cause beyond the reasonable control of the Indemnitees.  Canal reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which case you will cooperate with Canal in asserting any available and appropriate defenses. 

Third-Party Rights: The provisions of the Sections entitled “No Warranty”, “No Liability” and “Indemnification” are for the benefit of Canal and its officers, directors, employees, contractors, agents, licensors, suppliers, and information providers. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on its own behalf. 

Limited License:  By these Terms of Use, and subject to same, Canal grants only a limited, non-transferable and non-exclusive license to use the software and documentation necessary to access, explore and otherwise use the application in real time, and to use the materials on this application in a manner consistent with these Terms of Use. 

Software Licenses:  Any software available or provided to you on this application may contain technology that is subject to strict controls by various agencies of the United States Government pursuant to United States export control laws and regulations. You hereby agree that you will not transfer or export such software from the United States (including, for example, providing such software to any foreign person or entity in the United States) or re-export such software outside the United States in violation of United States export laws and regulations. Canal does not authorize the downloading or exportation of any software or technical data from this application to any jurisdiction prohibited by United States export controls laws and regulations.

Choice of Law and Forum:  Use of this application, and these Terms of Use, shall be governed by and construed in accordance with the laws of the state of South Carolina, excluding its conflicts of law rules.  You expressly agree that any claim or action arising out of or relating to these Terms of Use or your use of the application shall be filed only in the state or federal courts located in the state of South Carolina, where exclusive jurisdiction shall lie.  You further agree and submit to the exercise of personal jurisdiction of these courts for the purpose of litigating any related claim or action.

Termination: Canal reserves the right, in its sole discretion, to terminate your access to all or part of this application with or without notice.

Severability and Integration. Unless otherwise specified here, these Terms of Use constitute the entire agreement between you and Canal with respect to the application and supersede all previous or contemporaneous communications and proposals (whether oral, written, or electronic) between you and Canal with respect to the application. If any part of these Terms of Use is held to be invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. 

Privacy

Canal recognizes and shares the privacy concerns of visitors to our application.  The following statement describes the privacy practices applicable to this application.

If you receive an email purporting to be from Canal that you are unsure about, please contact us at reportabuse@canal-ins.com.  We’ll be able to tell you if it’s a legitimate email sent by us. 

Information Collected:

  1. Traffic Data: We log your access to the application and reserve the right to track and collect information about your visit to the application, including but not limited to your User ID/password and/or IP address, your domain server, pages visited, the type of web browser you are using; and the type of operating system you are using (collectively “Traffic Data”).
  2. User Information: In order for you to access certain services that we offer via the application, we require you to provide us with certain non-public personal information that identifies you as a user (“User Information”). User Information may include, but is not limited to, contact data (such as your name, mailing and email addresses) and other data (such as licensing status and company affiliation). If you communicate with us by email, any information provided in the emails may be collected as User Information.

Use of Information Collected:  We use Traffic Data to improve our application and to customize your application experience.  We may use your contact data to contact you when necessary, as well as to send you information about our company and products and services.

Sharing of Information Collected:  We will share information about you only as permitted by law.  We will not share your User Information with other companies for their marketing purposes without your consent. There is no need to “opt out” or tell us not to do this.

We are permitted to share information about you when and if you become a customer or claimant, even without your authorization, with: a) a third party if it is reasonably necessary to enable the party to perform services for us, such as claims investigations, appraisals, or the detection of fraud or material misrepresentations; b) any of our subsidiary or affiliated companies who provide service to you; c) insurance regulatory authorities; d) law enforcement agencies or other governmental authorities to protect our interest or to report illegal activities; e) organizations conducting actuarial or research studies; and f as otherwise as permitted by law.

In addition, we participate in several insurance industry supported databases of reported claims and additional driver information. We may share information about you in the normal business of conducting insurance operations.

Cookies:  We reserve the right to use “cookies” on our application. A cookie is a small amount of data that is sent to your browser from a web server. This data is stored on your computer’s hard drive and used to identify you to the application that gave you the cookie.  You may be able to set your browser to notify you when you are sent a cookie. This will give you a chance to decide whether to accept or not to accept it. If you decide not to accept the cookie, your access to the site may be limited.

Confidentiality and Security Agreement:  Except as otherwise provided in this Privacy Policy, we will keep your User Information private and will not share it with third parties, unless such disclosure is: (a) pursuant to your consent, (b) to comply with a court order or other legal process; (c) to protect our rights or property; (d) to enforce our Terms and Conditions of application Use; (e) in connection with a proposed or actual sale, merger, transfer, or exchange of information; or (f) otherwise required by law. We maintain physical, electronic and procedural safeguards to maintain the confidentiality of your User Information.

General Agent Privacy and Security Obligations:  General Agents may have obligations under Title V of the Gramm-Leach-Bliley Act to protect the privacy and security of their customer’s nonpublic personal information – for example, when sending us information to get a quote or service a customer. This Privacy Policy only addresses policies related to the operation of this application and with respect to User Information and Traffic Data. 

Limitation of Scope:  This Privacy Policy is limited in scope to this application.  This application may contain links to other applications.  Canal is not responsible for the privacy practices or the content of such applications.  These links are solely for your convenience.  We make no warranties or representations about other applications, including about their privacy practices.  We recommend that you read the privacy and security policies of these other applications before use. 

Updates and Changes:  We reserve the right, at any time and without notice, to add to, change, update or modify this Privacy Policy, simply by positing such change, update or modification on the application.  Any such change, update or modification will be effective immediately upon posting. 

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