Terms and Conditions Agent

Terms of Use
Privacy Statement

Welcome to Arbella.com. This Web page contains Arbella's Terms of Use and Privacy Statement. In order to use this Web site, you must agree to comply with all the rules and conditions described in the Terms of Use. Your agreement to be bound by these Terms of Use is a prerequisite to your using Arbella.com.

TERMS OF USE

Introduction

By accessing or using the services on the Arbella.com Web site (the "Web site" or "Arbella.com"), you are agreeing to the following terms, (the "Agreement," "User Agreement" or “Terms of Use”). This User Agreement is between the person accessing this Web site ("you" or "your") and Arbella Mutual Insurance Company, Inc. including all of its affiliates ("Arbella").

We strongly recommend that you read this User Agreement. Your use (or continued use) of this Web site means you agree to all the terms in this User Agreement. If you do not agree to be bound by the User Agreement, you MUST immediately stop using Arbella.com. If you are also an Arbella insurance agent ("Agent") you must also notify your marketing representative of this refusal so Arbella can terminate your access to this Web site.

IMPORTANT ADDITIONAL TERMS WHICH APPLY TO EVERY ARBELLA INSURANCE AGENT AND AGENCY

If you are a principal, officer, equity holder, owner or any other person with the ability to legally bind your Insurance Agency ("Agency Principal"), your acceptance of this User Agreement shall bind both yourself and your Insurance Agency. If you are an Agency Principal, for the purposes of this Agreement, "you" or "your" will refer to you and your Agency collectively. You acknowledge this Agreement is separate and distinct from your Agency Agreement with Arbella and is not considered a document conferring authority to sell or service insurance business on behalf of Arbella.

The "Agents Only" section of Arbella.com is available only to you if you are a duly licensed and appointed Agent in the state in which you represent Arbella. Your employees are also eligible to use Arbella.com under your direction and control and as long as they also agree to be bound by these Terms of Use.

If you do not meet these eligibility qualifications, please do not use Arbella.com. For example, if you lose your license to sell insurance or if your Agency Agreement is terminated, you agree to immediately stop using Arbella.com unless granted written permission from Arbella to continue your use.

This section does not guarantee your ability to use Arbella.com. In its sole discretion and without notice or warning, Arbella reserves the right to deny, revoke or terminate your access to Arbella.com and the access of any of your employees.

Modifications to Site

In its sole discretion and without notice or warning, Arbella reserves the right, for any reason, to terminate, change or suspend any aspect of Arbella.com. This includes, but is not limited to, the content, features, functionality or hours of availability. Arbella may impose limits on certain features of the Web site or restrict your access to part or all of Arbella.com without notice or penalty.

It is important for you to periodically read the posted Terms of Use to stay current on your obligations. If Arbella amends its Terms of Use language, the amended terms shall automatically be effective 30 days after posting, unless an earlier effective date is posted. Use of Arbella.com after the effective date of any modified language shall constitute acceptance of the current Terms of Use. Modifications to the Terms of Use should be expected so clicking on the posted Terms of Use periodically will keep you abreast of your obligations.

If there are any inconsistencies between this Agreement and any other Agreement you may have with Arbella (for example an Agency Appointment Agreement) which affect your use of Arbella.com, the terms of this User Agreement will prevail, unless prohibited by law.

E-mails to Arbella Addresses

You agree you will not use this Web site or any Arbella owned e-mail address to send numerous unsolicited e-mail messages. Arbella reserves the right to take actions as may be necessary to prevent misuse of its e-mail system by unauthorized parties.

Secured Areas/Passwords

The userid and password protected portions of Arbella.com may only be accessed by you if you are an Authorized User (as defined below). You are expressly prohibited from sublicensing, selling, renting, leasing, distributing, or providing service bureau or timeshare services, or otherwise making Arbella.com available to or for the benefit of third parties other than Authorized Users. You are expressly prohibited from using Arbella.com for or on behalf of, or in conjunction with, any other company or organization. Service providers, call centers or other third party processors or administrators you hire or use may not be given access to Arbella.com. You are responsible for educating and training your employees on the obligations in this Agreement and enforcing security compliance.

If you have not been provided a valid userid or password, you agree not to access or "hack into" any section of the Web site or any other third party Web site not intended for public access.

For purposes hereof, an "Authorized User" is one: (a) who is an appointed Agent in good standing (or their employees) and who has been properly issued a userid and password that subsequently has not been deactivated or (b) who is an Arbella insured using an area designated for insureds and that requires a userid or password.

You are ultimately responsible for the management and control of those userids and passwords. In no event shall you share your userid or password with any third party or allow another person to access Arbella.com using your userid and password. You shall immediately notify Arbella if you have any reason to believe that your userid or password has been lost or compromised or misused in any way.

In the event that Arbella has reasonable cause to believe that a userid and password is being improperly used, Arbella reserves the right to deactivate that userid and password without prior notice. Arbella shall promptly provide notice as soon as practicable thereafter so that a new password, if applicable, can be provided to you or the Authorized User. If this happens the userid can be re-activated only by Arbella Security and not the Agency's Security Administrator.

The Agency Principal will designate a minimum of one Agent Employee to fill the role of Agency Security Administrator. The Agency Security Administrator will be responsible to perform certain duties and functions. Their main role is to (1) set up and maintain the Arbella system security access for Agent Employees (userids and passwords) for access rights to the transactional systems; (2) immediately remove any Arbella system userid and password upon termination of any Agent Employee; and (3) ensure proper assignment of roles and permissions based on Agent Employee duties.

The Agency Principal must notify Arbella, in writing, of the assignment of and any changes to the Agency Security Administrator.

There may be some portions of this Web site which are restricted and may require additional authorization or user IDs and/or passwords for access. Unauthorized use of or access to these areas is prohibited. Actual or attempted unauthorized use of or access to such areas may result in criminal and/or civil prosecution. Attempts to access such areas without authorization may be viewed, monitored and recorded and any information obtained may be given to third parties, including law enforcement organizations, for any investigation or prosecution of possible criminal or civil claims. If you are not an authorized user of such areas or do not consent to continued monitoring, you should not attempt to access such areas.

Information Transmissions

For the purposes of this section, "Your Information" includes any information you provide to us, and any information you otherwise post, transmit, distribute, or publish on or through Arbella.com at anytime.

With respect to Your Information:

1. You are responsible for the accuracy and timeliness of Your Information. You acknowledge that Arbella will rely on this information. However, Arbella may take any action with respect to such information it deems necessary or appropriate, in its sole discretion, if it believes that such information is not accurate or it may create liability for it to accept the information you submit.

2. You must provide and use a traceable e-mail address from an Internet Service Provider or active Internet domain. You agree not to allow any other person or entity to use Your Information in order to obtain access to Arbella.com. You agree to assume responsibility for the actions of any person or entity you allow, whether expressly or through negligence, to use Your Information on or through the Arbella.com.

3. You warrant on an ongoing basis that Your Information, transmitted on or through Arbella.com:
a) Is not false or fraudulent after making after due inquiry;
b) Does not violate any law, statute, ordinance or regulation, including without limitation those governing consumer protection, unfair competition, antidiscrimination, false advertising, Health Insurance Portability and Accountability Act ("HIPAA") or the Graham Leach Bliley Act ("GLB");
c) Does not contain any viruses or other computer programming routines that are intended to harm, interfere with, or obtain unauthorized access to data or personal information; and
d) Does comply with the rules or directions as prompted by the Web site;
e) Does not include any personal or personally identifiable information unless specifically requested by us; and
f) Does comply with any obligation conferred on you by your Agency Appointment Contract or any other Arbella rule or instruction ("Agent Guidelines"). Your obligation to comply with these Agent Guidelines is not altered or diminished by your right to use Arbella.com.

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 Web site, including anything you download, that is not directly related to your role as an agent of Arbella 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 Web site. 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. For example, videos posted by Arbella are not directly related to your role as an appointed agent of Arbella and thus may not be used, copies or linked to without the express written condition of Arbella. You agree not to engage in systematic retrieval of data or other content from Arbella.com. You may not create any kind of hyperlink from any other site to ours, or link to or from our site in any way, unless you first obtain our permission.

Links to/from Other Sites

For your convenience, Arbella may provide links to other Internet sites that Arbella does not maintain. You should not interpret any link to/from other sites as indicating that Arbella sponsors or endorses the sites or their materials or that the sites are affiliated with Arbella. Arbella 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. Arbella is not responsible for and makes no warranties or representations about the contents, products or services offered on such sites. Arbella is not responsible for and makes no warranties or representations about the content, products or services offered on any sites that you may elect to use in connection with this site. The Uniform Resource Locator (URL) address in your web browser will tell you if you are still in the Arbella site or have moved elsewhere.

You acknowledge and agree that Arbella 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 Web sites or services of others. You agree to abide by all the Terms and Conditions of any other Web site you gain access to through Arbella.com.

Confidentiality

Obligations. Any and all Confidential Information (as defined below) of a party (the “Disclosing Party”), disclosed to or obtained by the other party, its employees, subcontractors or agents (collectively, the “Recipient”), shall be deemed confidential and proprietary information belonging to the Disclosing Party. In recognition of the foregoing, each party, as Recipient, covenants and agrees: (a) that it will maintain all Confidential Information of the Disclosing Party in strict confidence, using at least the same degree of care as it uses to avoid unauthorized use or disclosure of its own confidential information, but in no event less than a reasonable standard of care or that standard of care imposed upon it by applicable laws whichever is greater; (b) that it will not make use of any Confidential Information of the Disclosing Party for its own purposes or the benefit of anyone or any other entity other than the Disclosing Party, except in order to perform its obligations as contemplated by your Agency Agreement (c) that it will take no action with respect to the Confidential Information of the Disclosing Party that is inconsistent with the confidential and proprietary nature of such information; and (d) that it has the programs, process and procedures in place to comply with the confidentiality, data security and privacy obligations found in this User Agreement or imposed by Federal or State laws governing the Confidential Information, including those obligations found in Massachusetts Regulation 201 CMR 17 (“Standards for The Protection of Personal Information of Residents of the Commonwealth”).

Disclosure and Security Procedures. No party shall disclose Confidential Information of any other party, except to its employees, subcontractors, consultants and agents (“Representatives”), having a need to know such information in connection with the performance of its obligations as contemplated by this User Agreement or your Agency Agreement. Each party shall instruct all such Representatives (and for avoidance of doubt, the employees’ subcontractors’ and agents’ of its Representatives) as to their obligations concerning confidentiality and the compliance thereof. Each party shall be responsible for the actions of their Representatives.

Definition. For purposes of this User Agreement, "Confidential Information" of a party (which shall also include its affiliates’ information) shall include all information of the Disclosing Party, whether that information is in written, oral, magnetic, photographic, optical or other form, including, but not limited to, (1) technical and financial data, commission (bonus or profit sharing) agreements or structures, security information (such as computer passwords and identification codes), computer information (such as codes, operating instructions and functionality), business plans, business strategies, financial results, billing plans, credit information, business strategies (2) any other information related to the Disclosing Party which is not generally known to the public or within the industries and trades in which the Disclosing Party competes or which may otherwise be protected by trade secret law (“Trade Secrets”) and (3) any Nonpublic Personal Information (which shall be defined with reference to the Gramm-Leach-Bliley Act of 1999, 15 U.S.C. §§ 6801 et seq. and any other federal or state laws governing the confidentiality of the personal information, including without limitation, personal information as it is defined in 201 CMR 17.00 “Standards for The Protection of Personal Information of Residents of the Commonwealth”). For avoidance of doubt any information from the Registry of Motor Vehicles or credit reporting agencies (including credit scores) is considered Nonpublic Personal Information.

Non-Confidential Information.. Notwithstanding the above paragraph, Confidential Information of any party shall not include information that (i) is or becomes generally known to the public, not as a result of a disclosure by the Recipient, (ii) is rightfully in the possession of the Recipient prior to disclosure, (iii) is received by the Recipient in good faith and without restriction from a third party not under a confidentiality obligation to the Disclosing Party and having the right to make such disclosure, (iv) is disclosed pursuant to a court or regulatory order or other legal requirement, or (v) is independently developed by the Recipient or its employees.

Equitable Relief. Each party acknowledges that the unauthorized disclosure of the Disclosing Party’s Confidential Information may cause irreparable injury to the Disclosing Party. Each party shall, therefore, be entitled to seek injunctive relief upon a disclosure or threatened disclosure of any such Confidential Information, without the posting of a bond. Without limitation of the foregoing, a party shall advise the Disclosing Party immediately in the event that it learns or believes that any person or entity which has had access to Confidential Information of the Disclosing Party has violated or intends to violate the terms of these Terms of Use, and will cooperate with the Disclosing Party in seeking injunctive or other equitable relief against any such person or entity. This provision shall not in any way limit such other remedies as may be available to the parties at law or in equity.

Other obligations

In conjunction with your use of Arbella.com, you have been granted the right to provide and receive certain information electronically. You must still retain all documents concerning or "backing up" this electronic submission as required by Arbella. These documents include, but are not limited to, the insurance application, claims information, disclosure notices and any other document Arbella accepts electronically. For example, all Agents must retain the signed insurance application pursuant to Arbella's underwriting guidelines. All such documents must be retained by you in a way that can be easily obtained, in full, should Arbella request it. It is especially important to retain the signatures in a manner that ensures its reliability and the integrity of such signature. A traditional, hardcopy photo copy or electronic PDF copy (one that cannot be modified) are examples of reliable ways to retain documents.

Arbella may release additional obligations and guidelines regarding record retention of electronically submitted documents to keep current with the changing climate of technology. You agree to abide by these obligations when notified.

Monitoring

You agree that Arbella has the right, but not the obligation, to monitor and audit your adherence to this User Agreement. This includes Arbella's ability to physically audit your paper and electronic files, at any time, without notice. Arbella shall have the right to audit your files to determine if you are saving such documents as instructed.

Applicable Law/Severability

This Agreement shall be governed by and interpreted according to the laws of the Commonwealth of Massachusetts without respect to any conflict of laws provisions. If any portion of this Agreement is unlawful, void or unenforceable, it shall not affect the validity or enforceability of any other provision, and such portion should be construed as narrowly as possible in order to give effect to as much of this Agreement as possible.

Waiver

Arbella's failure, in any instance, to exercise any of its rights under this User Agreement will not constitute waiver of such right or any other rights under this User Agreement.

NO WARRANTY/DISCLAIMER

ACCESS TO ARBELLA.COM AND THE INFORMATION CONTAINED THEREIN IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT ANY WARRANTY OF ANY KIND, EXPRESS OR IMPLIED TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW. ARBELLA DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF TITLE, MERCHANTIBILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. ARBELLA DOES NOT WARRANT THAT THE WEB SITE OR THE FUNCTIONS, FEATURES, FUNCTIONALITY OR CONTENT CONTAINED THEREIN WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. ARBELLA DOES NOT MAKE ANY REPRESENTATIONS ABOUT THE ACCURACY, RELIABILITY, CURRENCY, QUALITY, COMPLETENESS, USEFULNESS, PERFORMANCE, SECURITY, LEGALITY OR SUITABILITY OF ARBELLA.COM OR ANY OF THE INFORMATION CONTAINED THEREIN.

YOU EXPRESSLY AGREE THAT YOUR USE OF THIS WEB SITE AND YOUR RELIANCE UPON ANY OF ITS CONTENTS IS AT YOUR SOLE RISK. ERRORS DO HAPPEN SO YOU NEED TO MAKE SURE THAT YOU RECONCILE YOUR RECORDS WITH THE INFORMATION YOU RECEIVE FROM ARBELLA OR ARBELLA.COM.

YOU SHALL BE SOLELY AND FULLY RESPONSIBLE FOR ANY DAMAGE TO ARBELLA OR ARBELLA.COM, THE SYSTEM OR ANY COMPUTER SYSTEM, ANY LOSS OF DATA, OR ANY IMPROPER USE OR DISCLOSURE OF INFORMATION CAUSED BY YOU, ANY AGENT, EMPLOYEE, OR ANY PERSON USING YOUR USERID OR PASSWORD. ARBELLA CANNOT AND DOES NOT ASSUME ANY RESPONSIBILITY FOR YOUR MISUSE OF ANY CONFIDENTIAL INFORMATION.

LIMITATIONS OF LIABILITY

IN THE EVENT OF ANY PROBLEM WITH ARBELLA.COM OR ANY OF ITS CONTENT, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING ARBELLA.COM. UNDER NO CIRCUMSTANCES SHALL ARBELLA BE LIABLE, IN ANY WAY, FOR YOUR USE OF ARBELLA.COM OR ANY OF ITS CONTENT, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, ANY INFRINGEMENT OF THE INTELLECTUAL PROPERTY RIGHTS OR OTHER RIGHTS OF THIRD PARTIES, OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OR ACCESS OF ARBELLA.COM OR ANY CONTENT.

UNDER NO CIRCUMSTANCES SHALL ARBELLA BE LIABLE FOR ANY PUNITIVE, EXEMPLARY, CONSEQUENTIAL, INCIDENTAL, INDIRECT OR SPECIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA ON YOUR INFORMATION HANDLING SYSTEM OR OTHERWISE) ARISING FROM OR IN CONNECTION WITH YOUR USE OF ARBELLA.COM, WHETHER UNDER A THEORY OF BREACH OF CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF ARBELLA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU WAIVE THE PROVISIONS OF ANY STATE OR LOCAL LAW LIMITING OR PROHIBITING A GENERAL RELEASE.

Indemnification

Without limiting the generality or effect of other provisions of this User Agreement and as another condition to your use of this Web site, you agree to defend, indemnify and hold Arbella 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.

Notices

Except as explicitly stated otherwise, you must provide any notice to Arbella pursuant to your use of Arbella.com, by certified mail, postage prepaid and return receipt requested to the current home office of Arbella Mutual Insurance Company, Attention: General Counsel, 1100 Crown Colony Quincy MA 02269. Arbella may provide you notice, at your last known address, in the same fashion. In addition, Arbella 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 an Arbella Agent. If notice is sent by e-mail, notice shall be deemed given 24 hours after e-mail is sent.

Termination

This Agreement shall remain in effect until terminated by you or Arbella. You shall inform Arbella immediately if your Agent's license is terminated or suspended as Arbella will want to terminate your access to any password protected portions of this Web site. Arbella may terminate your access, without notice, at any time and in Arbella's sole discretion. If you become dissatisfied with Arbella.com, in any way, your only recourse is to immediately discontinue use of the Web site. Any and all obligations concerning confidentiality remain in effect as long as the Disclosing Party considers their Confidential Information confidential or a trade secret but in no event shall such time be less than 10 years.

Copyright and Trademarks

The reproduction, duplication, distribution (including by way of e-mail, facsimile or other electronic means), publication, modification, copying or transmission of material from this Web site is STRICTLY PROHIBITED unless you have obtained the prior written consent of Arbella or unless it is expressly permitted by this Web site. 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 Web site. Requests for permission to reproduce or distribute materials found on this Web site can be made by contacting Arbella Service Company, 1100 Crown Colony Drive, Quincy, MA 02269, attention: General Counsel. It is a violation of this section to link Arbella.com to or with any other site.

PRIVACY STATEMENT

The information we collect is used to help us improve your experience with our Web site. As we add capabilities to our Web site, we will ensure that strict privacy standards are upheld. If we decide to change our privacy policy, we will post these changes on this page so that you are always aware of what information we collect, how we use it, and under what circumstances (if any) we disclose it.

Please read on for details on the use of information collected at our site.

What information do we collect?

As with any Web site, our Web server automatically recognizes the domain name of your Internet service provider whenever you visit. Our Web server also reports the total number of visits to each page on our site. We collect any information volunteered by consumers, such as answers to survey questions.

Is the information secure?

When you fill out a form on our Web site, your information is transmitted using encryption technologies. If you're sending information to our Internet e-mail address, please remember that your message is subject to viewing, alteration and copying by potentially anyone on the Internet. Please send confidential correspondence via U.S. mail or call one of our insurance specialists at 1-800-972-5348. We are not responsible for the security or confidentiality of communications you send us through the Internet using the e-mail process.

How do we use the information?

Arbella does not sell, trade, or rent your personal information to outside companies. The information that is collected is used for our own business purposes. Some examples of the ways in which we may use this information are:

  • To improve the content and response time of our site;
  • To notify you about important functionality changes to the Web site including new services, and new information we think you'll find valuable; and
  • To send you information about Arbella services and products that we believe may be of interest to you.

Other information about our Web site

On occasion we use cookies to help us learn more about a visitor. Cookies are small files that are stored on your computer. They do not contain any personally identifiable information about you. Most browsers let you determine whether or not you accept our cookies.

Arbella.com may place small pieces of computer code (embedded objects) on our pages. We may also use objects placed on other sites to monitor your exposure to our advertising or other offers online. These objects don't collect any personally identifiable information about you. Arbella.com uses clear GIFs, or pixel tags, provided by our ad-serving company to help manage our online advertising. These clear GIFs allow our ad-serving company to recognize a browser's cookie when a browser visits a particular Web site. This allows us to learn which banner ads bring users to our Web site. The information we collect and share through this technology is not personally identifiable (it does not include your name, address, telephone number or e-mail address).

By using our Web site, you consent to the collection and use of this information by Arbella. If you have any concerns about our privacy policy you can send us an e-mail. You can also call or write us at:

Arbella Insurance Group
Privacy Officer
P.O. Box 699103
Quincy, MA 02269-9103
Telephone: 617-328-2800
Toll Free: 800-972-5348
Fax: 617-328-2970

This Web page and other Web site sections apply to all of the following Arbella Insurance Group companies:

  • Arbella Mutual Insurance Company
  • Arbella Protection Insurance Company, Inc.
  • Arbella Indemnity Insurance Company, Inc.
  • Covenant Insurance Company
  • Bearingstar Insurance, Inc.