OWNERSHIP OF INFORMATION; SUBMISSIONS

Any information other than personal information you transmit or post on any area of the Richmond National Website, including without limit e-mail comments, questions or suggestions will be: (i) treated as non-confidential and non-proprietary, (ii) may be used for any purpose, including without limit for product development and marketing, and (iii) will become Richmond National property immediately upon your submission or transmission.

INSURANCE POLICIES AND SERVICES

Product or services descriptions herein are summaries only and not solicitations to buy or offers to sell insurance. Please refer to the actual policies for complete details of coverage, exclusions and limitations. Policy issuance is subject to underwriting approval. Price and availability of information is subject to change without notice. Coverage availability varies by jurisdiction and may not be available in all jurisdictions. Richmond National neither represents nor warrants that any of its products or services are suitable or appropriate for, or are available, in any location.

TRADEMARKS, SERVICE MARKS & USE OF MATERIAL

Richmond National owns and operates the Richmond National Website. Unless otherwise specified, all material on the Richmond National Website is Richmond National’s property and protected by United States copyright laws and throughout the world by applicable copyright laws and international treaties. Licensed and appointed Richmond National agents and brokers may reproduce and use the materials to conduct authorized Richmond National business. You may use, view, print and/or download one copy of the material from the Richmond National Website on any single computer solely for your personal, informational, and non-commercial use, provided you keep intact all copyright and other proprietary notices. Subject to the foregoing, no material published on the Richmond National Website may be copied, reproduced, modified, republished, uploaded, posted, transmitted, or distributed, in whole or in part or by any form or means, without prior written permission from Richmond National. The use of material on any other website or networked computer environment or for any other purpose is strictly prohibited and such unauthorized use may violate copyright, trademark, and other similar laws. Use of the Richmond National Website’s material to create modified, derivative or other works is also prohibited absent Richmond National’s advance written consent and prior review and approval of such other works.

Richmond National’s registered trademarks and service marks include:

• RICHMOND NATIONAL

Nothing contained on the Richmond National Website should be construed as granting any license or right to use any trademark displayed on the Richmond National Website. You are not authorized to use or reproduce any of Richmond National’s company names, trade names, trademarks, trade dress or logos in any way, including without limit marketing, press releases or links to the Richmond National Website absent Richmond National’s advance written consent and prior review and approval of each such use.

All other trademarks, service marks, trade names and logos on the Richmond National Website are the property of their respective owners. Richmond National neither represents nor warrants that your use of materials (including without limit, trademarks) contained on the Richmond National Website will not infringe intellectual property rights of third parties.

ACCEPTABLE USE POLICY

Access to Restricted Areas.

Access to and use of restricted areas of the Richmond National Website is limited to authorized users only. Any attempts to gain unauthorized access to restricted areas may be monitored, logged and such records may be given to law enforcement and you may be subject to prosecution. As a condition of obtaining access to such restricted areas of the Richmond National Website, you shall provide accurate and current information on all registration forms. Subject to the terms of Our Privacy Policy, you are solely responsible for maintaining the confidentiality of any username and password that Richmond National assigns you, as well as any activities that occur under your username/password. You shall not misuse or share the username/password that is issued to you by Richmond National, misrepresent your identity or your affiliation with an entity, impersonate any person or entity or misstate the origin of any material you are exposed to through the Richmond National Website. If you are in violation of any other obligations under the Terms of Use, you may also be subject to prosecution.

As a further condition of accessing restricted areas of the Richmond National Website, you shall not:

• Post or transmit any unlawful, threatening, abusive, libelous, defamatory, racial, obscene, vulgar, pornographic, profane, or indecent information of any kind, including without limit transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any local, state, national or international law; • Post or transmit any comments containing harassing or offensive language, using sexual references or nicknames, racial slurs or rude or deliberately offensive comments or engage in disruptive activity online, including excessive use of scripts, sound waves, scrolling (repeating the same message over and over), or viruses, worms, Trojan horses or other code that has contaminating or destructive properties; • Forge, falsify, delete or modify any TCP/IP packet header or e-mail sender identifying information or impersonate or ‘spoof’ any other individual or entity; • Post or transmit any software or other material which violates or infringes the rights of others, including material that is an invasion of privacy or publicity rights or that is protected by copyright, trademark or other proprietary right or derivative works without first obtaining permission from the owner; or • Post or transmit any information, software, or other material for non-Richmond National authorized commercial purposes.

You are also prohibited from soliciting other users to join or contribute money to any online service or other organization, or advocate or attempt to get users to join in legal or illegal schemes.

Monitoring.

Although Richmond National has no obligation to do so, Richmond National reserves the right at all times to (i) review communications to the Richmond National Website to determine whether they comply with the Terms of Use and applicable laws and regulations; and (ii) disclose any information regarding the Richmond National Website or to remove any information or materials, in whole or in part, that Richmond National deems unreasonable in its sole and absolute discretion. Richmond National will treat any information it collects from you in accordance with its Privacy Policy. Richmond National shall not have any liability or responsibility for the content of any communications posted to the Richmond National Website or for any errors or violations of any laws or regulations. Richmond National will comply with any court order in disclosing the identity of any person posting communications on the Richmond National Website, consistent with applicable law and the Richmond National Privacy Policy.

Children’s Online Privacy Protection Act (COPPA).

Richmond National does not market its products and services to and the Richmond National Website are not intended for use by children under thirteen (13) years of age. Richmond National does not knowingly gather, solicit or use data from children under thirteen (13) years of age. Your use of the Richmond National Website constitutes your representation that you are not under thirteen (13) years of age.

The Digital Millennium Copyright Act.

Richmond National reserves the right to terminate your access to the Richmond National Website if it determines, in its sole and absolute discretion, that you are involved in infringing activity, including alleged acts of first-time or repeat infringement, regardless of whether the material or activity is ultimately determined to be infringing. Richmond National and its service providers accommodate and do not interfere with standard technical measures used by copyright owners to protect materials. Any claim of infringement pursuant to the Digital Millennium Copyright Act should be made to the following designated agent: 

privacy@richmondnational.com and include the following information:

• A physical or electronic signature of a person authorized to act on behalf of (i) the owner of an exclusive right that is allegedly infringed or (ii) the person defamed. • 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 claimed to be infringing or to be the subject of infringing activity, including information reasonably sufficient to permit us to locate the material. • Information reasonably sufficient to permit us to contact you, such as your address, telephone number, and/or e-mail address. • A statement of good faith belief that use of the material in the manner complained of is not authorized by the copyright or other proprietary right owner, its agent, or the law.

THIRD PARTY WEBSITES & LINKS

Solely as a convenience to you, Richmond National provides links to other websites it does not control or maintain. Richmond National is not responsible for their content, privacy policies or practices, or accuracy or any link contained in a linked site. Non-Richmond National websites may contain unedited, sexually explicit, violent, racist, or other types of offensive material, as well as information pertaining to non-Richmond National products and services, and Richmond National does not endorse any company, content, or products to which the Richmond National Website links. Please refer to the separate terms of use, privacy policies, and other rules posted on these linked sites before you use them. RICHMOND NATIONAL DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, TO ANY SUCH LINKED SITES, INCLUDING BUT NOT LIMITED TO ANY TERMS AS TO THE ACCURACY, OWNERSHIP, VALIDITY, OR LEGALITY OF ANY CONTENT OF A LINKED SITE. Richmond National reserves the right to terminate any link or linking program at any time.

WIRELESS DEVICES ACCESS

Your wireless carrier may charge a fee for use of the Richmond National Website on a wireless device, including but not limited to fees associated with data transmissions while using the Richmond National Website. These fees are not charged by Richmond National and you should contact your wireless carrier regarding any fees it may charge in connection with data transmissions while using the Richmond National Website. Richmond National shall not be held responsible for and you will be solely responsible for any fees or charges assessed by your wireless carrier in connection with your use of the Richmond National Website.

LIMITATION ON LIABILITY & NO WARRANTY

Limitation of Liability. IN NO EVENT SHALL RICHMOND NATIONAL BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES INCLUDING, WITHOUT LIMIT, LOSS PROFITS OR REVENUES, COSTS OF REPLACEMENT GOODS, LOSS OR DAMAGE TO DATA ARISING OUT OF THE USE OR INABILITY TO USE THE RICHMOND NATIONAL WEBSITE OR ANY RICHMOND NATIONAL PRODUCTS OR SERVICES, DAMAGES RESULTING FROM USE OF OR RELIANCE ON THE INFORMATION OR MATERIALS PRESENTED ON THE RICHMOND NATIONAL WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY, EVEN IF RICHMOND NATIONAL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OR EXCLUSIONS OF LIABILITY IN SOME CIRCUMSTANCES. ACCORDINGLY, SOME OF THE FOREGOING LIMITATIONS MAY NOT APPLY TO YOU.

No Warranty. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, THE RICHMOND NATIONAL WEBSITE AND ALL CONTENT, MATERIALS, INFORMATION, PRODUCTS AND SERVICES PROVIDED VIA THE RICHMOND NATIONAL WEBSITE, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. RICHMOND NATIONAL EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMIT, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, INTEGRATION, NON-INTERFERENCE WITH ENJOYMENT, AND SECURITY AND ACCURACY, AS WELL AS ALL WARRANTIES ARISING BY USAGE OF TRADE, COURSE OF DEALING OR COURSE OF PERFORMANCE. RICHMOND NATIONAL MAKES NO WARRANTY, AND EXPRESSLY DISCLAIMS ANY OBLIGATION, THAT: (i) THE RICHMOND NATIONAL WEBSITE WILL MEET YOUR REQUIREMENTS OR WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; (ii) THE MATERIAL WILL BE UP-TO-DATE, COMPLETE, COMPREHENSIVE, ACCURATE OR APPLICABLE TO YOUR CIRCUMSTANCES; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE RICHMOND NATIONAL WEBSITE OR ANY SERVICES OFFERED THROUGH THE RICHMOND NATIONAL WEBSITE WILL BE ACCURATE OR RELIABLE; (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE RICHMOND NATIONAL WEBSITE WILL MEET YOUR EXPECTATIONS; OR (v) THAT DEFECTS, IF ANY, WILL BE CORRECTED. THE INFORMATION ON THE RICHMOND NATIONAL WEBSITE IS NOT INTENDED TO BE LEGAL, ACCOUNTING OR OTHER PROFESSIONAL ADVICE; FOR SUCH ADVICE CONSULT YOUR OWN LEGAL COUNSEL OR FINANCIAL PROFESSIONAL.

YOU UNDERSTAND AND AGREE THAT ANY CONTENT, MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED VIA THE RICHMOND NATIONAL WEBSITE IS USED AT YOUR OWN RISK. RICHMOND NATIONAL SHALL NOT BE LIABLE FOR AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY LOSSES OR DAMAGES WHATSOEVER ARISING FROM OR RELATING TO YOUR USE OF THE RICHMOND NATIONAL WEBSITE, INCLUDING WITHOUT LIMIT, DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR DATA LOSS RESULTING FROM THE DOWNLOADING OF SUCH CONTENT, MATERIAL AND/OR DATA, AS WELL AS ALL DECISIONS MADE BY YOU BASED UPON SUCH DOWNLOADED INFORMATION.

YOU ACKNOWLEDGE AND AGREE THAT RICHMOND NATIONAL MAY, IN ITS SOLE DISCRETION, TERMINATE YOUR ACCESS TO THE RICHMOND NATIONAL WEBSITE AT ANY TIME, WITHOUT NOTICE, FOR ANY REASON.

INDEMNIFICATION

You agree to indemnify, defend and hold harmless Richmond National, its affiliates, directors, officers, content providers, subsidiaries, employees and agents, from any claim, demand, liability, dispute, damage, cost, expense, or loss, including reasonable attorneys’ fees and costs of litigation, arising out of, or in any way connected with your use of or access to the Richmond National Website, your linking to or from the Richmond National Website, or your violation of these Terms of Use or Privacy Policy. This obligation will survive your use of the Richmond National Website.

APPLICABLE LAW

All matters relating to your access and use of the Richmond National Website shall be governed by the federal laws of the United States and the laws of the Commonwealth of Virginia, without giving effect to its conflict of law provisions. Exclusive jurisdiction and venue of any actions arising out of, or relating to, or in any way connected with your access and/or use of the Richmond National Website shall be in Virginia. You are solely responsible for compliance with any laws applicable to you as a result of your access to or use of the Richmond National Website.

CHANGES TO TERMS OF USE

Richmond National reserves the right to make changes to the Richmond National Website and our Terms of Use. Your continued use of the Richmond National Website shall be deemed to be acceptance of the Terms of Use and our Privacy Policy, the terms of which are hereby incorporated by reference. If you object to any provision of these Terms of Use or subsequent modifications, or become dissatisfied with the Richmond National Website in any way, your only recourse is to immediately terminate use of the Richmond National Website.

LIMITATION ON ACTIONS

You agree that any claim or cause of action arising out of your use of the Richmond National Website or these Terms of Use must be filed within one year after such claim or cause of action arose or it shall forever be barred, notwithstanding any statute of limitations or other law to the contrary. Within this period, any failure by Richmond National to enforce or exercise any provision of these Terms of Use or related right shall not constitute a waiver of that right or provision.

SEVERABILITY; ASSIGNMENT & AGENCY

If any provision of these Terms of Use is found by a court or arbitrator to be invalid, the parties agree that the court or arbitrator should give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms of Use will remain in effect. Richmond National’s failure to act with respect to a breach by any person using the Richmond National Website does not constitute a waiver of its right to act with respect to subsequent or similar breaches. Richmond National may assign its rights and duties under these Terms of Use without such assignment being considered a change to these Terms of Use and without notice to you. You may not assign this Agreement without the prior written consent of Richmond National. These Terms of Use, the Privacy Policy, any operating rules, policies, or procedures that may be posted from time to time by Richmond National on the Richmond National Website, and any modifications to the foregoing, constitute the entire agreement between the parties with regard to the subject matter in these Terms of Use and supersede all prior understandings and agreements, whether written or oral, as to such subject matter. Nothing contained in these Terms of Use will be deemed to constitute either party as the agent or representative of the other party, or both parties as joint venturers or partners for any purpose.

YOUR COMMENTS & CONCERNS

If you have questions or comments, please contact Us at:

Richmond National Group, Inc.

3951 Westerre Parkway, Suite 200

Richmond, VA 23233

Attn: Chief Legal and Compliance Officer

privacy@richmondnational.com 

Last Updated: October 2021