This Agreement was last revised on March 20th, 2006
1. Website Terms and Conditions of Use The materials on the Markel.ca website and all of its subdomains including broker.markel.ca and policyholder.markel.ca (collectively and individually referred to as the “Website”) are provided by Markel Insurance Company of Canada (“MARKEL”) for informational purposes only. By accessing the Website or downloading any Content, you agree to be bound by the terms and conditions set out below (the “Agreement”). If you do not agree to these terms and conditions, do not access this Website or download any Content.
The terms “You” and “Your” used herein refer to you and users of your account.
All products and services offered by MARKEL through this Website are offered only in Canada.
2. Copyright All materials published, downloaded or otherwise hosted on this Website, including, but not limited to, software, articles, text, information, reports, newsletters, data, web pages, HTML, scripts, code, Java, images, the FUELogic™ web calculators and all other content including the manner in which they appear or are displayed or presented (the "Content") are protected by copyright laws, and/or other intellectual property laws including, without limitation, trademark laws and are owned by MARKEL, its affiliates, its licensors or the party credited as the provider of the Content. In addition, this Website as a whole is protected by copyright law as a collective work and/or compilation, pursuant to Canadian copyright laws, international conventions and other copyright laws. You must abide by all copyright notices and restrictions contained in any Content.
3. Trade-marks Certain product names, company names, words, titles, phrases, logos, designs, graphics and icons displayed on this Website constitute trade-marks of MARKEL, its affiliates or third parties. The use, the retransmission or other copying or modification of any trade-marks displayed on this Website is prohibited without the written permission of MARKEL or the owner of the trademark.
4. Permitted Use MARKEL hereby grants to You a personal, non-transferable and non-exclusive license to access and/or view the Content using compatible browser software.
5. Restrictions on Use You agree that You will not:
(a) distribute the Content for any purpose and through any communication system including without limitation compiling a database for internal network access, or redistributing or reproducing the Content for external access; or
(b) create derivative works of, reverse engineer, decompile, disassemble, adapt, translate, transmit, arrange, modify, copy, bundle, sell, sub-license, export, merge, transfer, adapt, loan, rent, lease, assign, share, outsource, host, publish, make available to any person or otherwise use, either directly or indirectly, the Content in whole or in part, in any form or by any means whatsoever, be they physical, electronic or otherwise. You shall not permit, allow or do anything that would infringe or otherwise prejudice the proprietary rights of MARKEL or its licensors or allow any third party to access the Content.
6. No Endorsement This Website may contain hyperlinks to websites operated by parties other than MARKEL. Such hyperlinks are provided for Your reference only. MARKEL does not control such websites and shall not be liable for any content, information or materials contained on such third party sites. Your access and use of any third party websites, including the information, material, products and services contained therein are solely at your own risk.
No affiliation with or endorsement by MARKEL of any third party or its products or services is expressed or implied by any information, material or content referred to, included on, framed within, or linked from or to this Website.
7. Liability Disclaimer Except as expressly provided in this Agreement, this Website and all content and services on this Website or made available through this Website are provided "as is" without any representations, warranties, guarantees or conditions, of any kind, whether express or implied, statutory or otherwise, including but not limited to, warranties or conditions as to uninterrupted or error free operation, availability, accuracy, completeness, currentness, reliability, timeliness, legality, suitability, privacy, security, merchantability, quality, title, non-infringement or fitness for a particular purpose, or those arising out of a course of dealing or usage of trade.
The Website and the content (including all descriptions of and information pertaining to products and services offered by MARKEL) are provided for general informational purposes only and should not be construed as an offer to sell any product or service. All insurance polices offered by MARKEL are subject to and governed by the terms and conditions of such policies and the Website and Content are not intended to include or portray a complete description of the terms, conditions and exclusions of any such policy. The Content and any data or results generated therefrom may not be accurate, up to date, complete or untampered, and is not to be relied upon in assessing any product or service offered by MARKEL.
In no event will MARKEL, its affiliates, and their respective agents, licensors, officers, directors or employees be liable for any special, indirect, incidental, punitive, exemplary, aggravated, economic or consequential damages, howsoever caused, and damages for loss of use, lost profits or lost savings, even if MARKEL, its affiliates and their respective agents, licensors, suppliers, directors or employees have been advised of the possibility of such damages or claim.
In no event will MARKEL, its affiliates and their respective agents, licensors, officers, directors or employees, be liable for damages or losses resulting from: inaccuracy of the FUELogic™ calculators and the data or the results therefrom generated therefrom, viruses, data corruption, failed messages, transmission errors or problems; communications service providers; links to third party web sites; the Internet backbone; personal injury; third party content, products or services; damages or losses caused by You, or Your respective employees, agents or subcontractors; loss of use or lack of availability of facilities including computer resources, routers and stored data; the use or inability to use this Website or the content; any other website accessed to or from this Website; or events beyond the reasonable control of MARKEL, even if MARKEL, its affiliates and/or their respective agents, licensors, officers, directors or employees have been advised of the possibility of such damages or claim.
In no event will the cumulative total liability of MARKEL, its affiliates and their respective agents, licensors, officers, directors or employees, arising under any cause whatsoever (including without limitation breach of contract, tort, negligence, gross negligence, or otherwise) be for more than the greater of: (i) the amount, if any, paid by you to MARKEL under this Agreement to access this Website in the year in which the claim arose; or (ii) one Canadian dollar ($1.00 CDN).
MARKEL assumes no obligation to update the content on this Website. The content on this Website may be changed without notice to you. MARKEL will not responsible for any content or information that you may find undesirable or objectionable. MARKEL disclaims any liability for unauthorized use or reproduction of any portion of the Website.
8. Indemnification You agree to defend, indemnify and hold harmless MARKEL, its affiliates and their respective directors, officers, employees and agents from and against all damages, liabilities, claims and expenses, including legal fees, arising directly or indirectly out of: (i) Your use of this Website; (ii) materials posted or submitted by You to MARKEL; and (iii) any breach by You of the terms and conditions of this Agreement.
9. Termination or Alteration of this Website MARKEL will have the right to immediately terminate this Agreement and Your access to the Website in the event of any conduct by You which MARKEL, in its sole discretion, considers to be unacceptable, or in the event of any breach by You of this Agreement.
MARKEL will have the right at any time to change or discontinue, in whole or in part, any aspect or feature of this Website (including without limitation, Content, hours of availability, and equipment or software needed for access or use of this Website) at any time, without notice to you and without MARKEL being liable to You. In the case where MARKEL discontinues this Website, this Agreement shall immediately terminate. Sections 6, 7, 8, 9, 10 and 11 of this Agreement will survive the termination or expiry of this Agreement.
10. Governing Law This Website originates in Toronto and is created and controlled by MARKEL in Toronto, Ontario, Canada. As such, this Agreement shall be construed and interpreted in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein. All courts within the Province of Ontario will have the exclusive jurisdiction to adjudicate any dispute arising out of these terms and conditions. You and MARKEL have required that this Agreement and all documents relating thereto be drawn-up in English. Nous avons demandé que cette convention ainsi que tous les documents qui s'y rattachent soient rédigés en anglais.
11. Interpretation The division of this Agreement into sections and the insertion of headings are for convenience of reference only and shall not affect the construction or interpretation of this Agreement. In this Agreement, words importing the singular number include the plural and vice versa, words importing gender include all genders; and words importing persons include individuals, sole proprietors, partnerships, corporations, trusts and unincorporated associations.
12. Severability Any provision of this Agreement which is prohibited or unenforceable in any jurisdiction shall, as to that jurisdiction, be ineffective to the extent of such prohibition or unenforceability and shall otherwise be enforced to the maximum extent permitted by law, all without affecting the remaining provisions of this Agreement or affecting the validity or enforceability of such provision in any other jurisdiction.
13. Enurement This Agreement shall enure to the benefit of and be binding upon You and Your respective successors and permitted assigns. You acknowledge having read this Agreement before accepting it, having the authority to accept this Agreement and having received a copy of this Agreement.
14. Entire Agreement These terms and conditions, including the Online Privacy Policy, and any and all legal notices on this Website constitute the entire agreement between You and MARKEL with respect to the use of this Website and the Content. No supplement, modification or amendment to this Agreement and no waiver of any provision of this Agreement shall be binding on MARKEL unless executed by MARKEL in writing. No waiver of any of the provisions of this Agreement shall be deemed or shall constitute a waiver of any other provision (whether or not similar) nor shall such waiver constitute a continuing waiver unless otherwise expressly provided.