Homesite's Terms and Conditions of Use

Welcome to Homesite.com. This page contains Homesite’s Terms and Conditions.

Your use or continued use of this Website constitutes acceptance of these terms and conditions. By using this site, you agree to be bound by all of these terms and conditions. We reserve the right, at our discretion, to update, change, modify, add, or remove portions of this policy from time to time. You are bound by any such revisions if you continue to use the website after we have posted the changes; and we suggest that you periodically visit this page to review the most recent Terms & Conditions. Your continued use of this site and others that may be owned by Homesite following the posting of changes to these terms will mean you accept those changes.

Introduction

The website presents information and content that is owned or licensed by Homesite Group, Inc. (the “Company” or “Homesite”). Member companies of Homesite Group, Inc. include: Homesite Insurance Company, Homesite Indemnity Company, Homesite Insurance Company of the Midwest, Homesite Insurance Company of Illinois, Homesite Insurance Company of New York, Homesite Insurance Company of Georgia, Homesite Insurance Company of California (Certificate of Authority#6940), and Homesite Lloyds of Texas.

ALL RIGHTS RESERVED. No part of the materials made available may be reproduced, stored in a retrieval system, or transmitted, in any form or by any means electronic, mechanical, photocopying, recording, or otherwise without prior written approval.

The precise coverage afforded by Homesite is subject to the terms and conditions of the Homesite Insurance policies as issued. These coverage summaries are provided for your convenience only and are not intended to replace or supersede the policy's terms and conditions. Whether and to what extent a particular loss is covered depends on the facts and circumstances of the loss, and the terms and conditions of the policy as issued.

NO WARRANTY

ACCESS TO HOMESITE.COM AND THE INFORMATION AND MATERIALS MADE AVAILABLE THEREIN, ARE PROVIDED "AS IS” AND “AS AVAILABLE” WITHOUT ANY WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, HOMESITE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.

HOMESITE DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIALS WILL BE UNINTERRUPTED OR ERRORFREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. EXCEPT FOR INFORMATION PROVIDED WHICH IS DIRECTLY RELATED TO THE QUOTATION OR BINDING OF INSURANCE COVERAGE, HOMESITE DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS IN THIS SITE IN TERMS OF THEIR CORRECTNESS.

IN THE EVENT THAT YOU DOWNLOAD SOFTWARE OR OTHER THIRD PARTY INFORMATION FROM THIS SITE, HOMESITE IS NOT RESPONSIBLE FOR ITS ACCURACY OR, RELIABILITY. YOU (AND NOT HOMESITE) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION WHICH RESULTS FROM SAID DOWNLOADING. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

Links to Other Websites

This Website is hyperlinked to other websites which are not maintained or controlled by Homesite and Homesite is not responsible for the content of those Websites. The inclusion of any hyperlinks to such Websites does not imply approval of or endorsement by Homesite of those Websites, their content or their products and services. Homesite is not responsible for anything contained on such sites and makes no warranties or representations about the contents, products or services offered on such sites.

You acknowledge and agree that Homesite is not, and shall not be held responsible, for any damages, actual or alleged, resulting from the use of services or products available through the Websites or services of others. You agree to abide by all the Terms and Conditions of any other Website you gain access to through Homesite.com.

Homesite explicitly disclaims any responsibility for the accuracy, content, or availability of information found on sites that link to or from Homesite.com or sites that are owned by Homesite Group Inc. from third parties not associated with Homesite. Homesite cannot be held responsible for the accuracy, copyright compliance, legality, or decency of material contained in third-party sites, and you hereby irrevocably waive any claim against us with respect to such sites.

If you have difficulty linking to any hyperlinked websites or to report a non-working link, please send us an e-mail at: customerservice@homesite.com

Software Licenses

You acknowledge that any software available or provided to you on this website 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. Homesite does not authorize the downloading or exportation of any software or technical data from this website to any jurisdiction prohibited by the United States export controls laws and regulations.

Privacy Policy

Your personally identifiable information that we may collect is subject to our Privacy Policy http://homesite.com/privacy-policy/index.htm, which is incorporated into these Terms and Conditions by reference.

Online Services Terms and Conditions

Your use of the Online Services portion of this Website is subject to the disclosures, terms and conditions set forth in the Homesite Online Servicing Disclosure and Consent Agreement http://homesite.com/terms-conditions/index.htm.

Notices

Except as explicitly stated otherwise, you must provide any notice to Homesite pursuant to your use of Homesite.com, by certified mail, postage prepaid and return receipt requested to the current home office of Homesite Group, Inc., Attention: General Counsel, One Federal Street, Boston, MA 02110. Homesite may provide you notice, at your last known address, in the same fashion. In addition, Homesite may provide you notice via e-mail by sending you a notice to the last known e-mail address of your security administrator if you are a Homesite Agent. If notice is sent by e-mail, notice shall be deemed given 24 hours after email is sent.

Limitation of Liability

Except for information provided which is directly related to the quotation or binding of insurance coverage, we, our affiliates, agents, and suppliers, shall not be liable for any damages, including without limitation, direct, indirect, incidental, special, punitive, consequential, or other damages (including without limitation lost profits, lost revenues, or similar economic loss), whether in contract, tort, or otherwise, arising out of the use or inability to use materials available here or in any linked site, even if we are advised of the possibility thereof, nor for any claim by a third party.

Indemnification

Without limiting the generality or effect of other provisions of this Agreement and as another condition to your use of this Website, you agree to defend, indemnify and hold Homesite harmless, including its agents, employees, assignees, successors in interest, parents, subsidiaries, affiliates, and suppliers (collectively, "Indemnified Parties" and each, individually, an "Indemnified Party") from and against any and all third party (including governmental) claims (actual or threatened), damages or harm (including bodily harm or death), costs and expenses, (including the costs, expenses and reasonable attorney's fees on account thereof) arising out of or in connection with your (including your agents) alleged or actual breach of these Terms of Use. You shall not settle any such claim without the written consent of the applicable Indemnified Party.

Proprietary Rights

The reproduction, duplication, distribution (including by way of email, facsimile or other electronic means), publication, modification, creation of derivative works, copying or transmission of material from this website, including anything you download, is STRICTLY PROHIBITED. The material covered by this prohibition includes, without limitation, any text, graphics, logos, photographs, audio or video material or stills from audiovisual material available on this Website. You are not authorized to use any portion of this site on any other site, in the meta-tags of any other site or in any other materials. The material provided on this Website, including the information and any images incorporated in the site, is for your personal private noncommercial use only. You agree not to engage in systematic retrieval of data or other content from Homesite.com. You may not create any kind of hyperlink from any other Website to ours, or link to or from our site in any way, unless you first obtain our permission.

This Website is for your use, and you agree to use this for lawful purposes only. You shall not copy, use, modify, transmit, distribute, reverse engineer, or in any way exploit copyrighted or proprietary materials available from here, except as expressly permitted by the respective owner(s) thereof. Use of any software available for downloading is governed by the terms of the applicable license agreement accompanying or included with the software. All trademarks, service marks, and trade names are the marks of the respective owner(s), and any unauthorized use thereof is strictly prohibited.

Governing Law

These Terms and Conditions of Use shall be governed in accordance with the laws of the Commonwealth of Massachusetts, U.S.A., excluding its conflict of law provisions. We reserve the right to add, delete, or modify any or all terms of use at any time with or without notice. Homesite Group, Inc. 2014. All rights reserved. The Homesite web site may contain other proprietary notices and copyright information, which should be observed. Homesite trademarks including, but not limited to:

Homesite
DirectPlatinum
DirectGold
DirectRent
DirectCondo
24Direct

Notice and Procedure for making claims of copyright infringement:

Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent to Service Provider's Designated Agent. Written notification must be submitted to the following Designated Agent:

Homesite Group Incorporated c/o General Counsel One Federal Street Boston MA 02110

To be effective, the Notification must include the following:

A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material;
Information reasonably sufficient to permit the service provider to contact the Complaining Party, such as an address, telephone number, and if available, an electronic mail address at which the complaining party may be contacted;
A statement that the Complaining Party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
A statement that the information in the notification is accurate, and under penalty of perjury, that the Complaining Party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.