TERMS OF USE AND PRIVACY POLICY
Last Updated: September 2025
Introduction
This Terms of Use and Privacy Policy (“Policy”) describes how Axon Underwriting Services LLC, Axon Underwriting Services LLC (CA license #OM38407)(“Axon”), its subsidiaries and affiliates, collect, use, and disclose your information, including Personal Information, when you visit our websites , or use any of our products or services that link to or otherwise reference this Policy (collectively, the “Services”). This Policy does not apply to any non-Axon websites or mobile applications that you may access via the Services. Those websites and services are governed by the privacy policies that appear on those sites and applications. Depending upon your relationship with Us, you may receive other privacy notices from us providing additional details about our privacy practices.
Your use of this Site and the Services is subject to this Policy, including applicable terms of limitations on liability and the resolution of disputes. Please read them carefully.
If you are a California resident, please see the Additional Notice to California Residents below for more information.
Privacy Notice
Protecting your private information is our priority. This Privacy Notice describes Our policies and procedures on the collection, use and disclosure of Your information when you use the Site and our Online Services and informs users about their privacy rights. By using the Site, You consent to the data practices in accordance with this Privacy Notice.
Automated Collection and Cookies
We and Our Service Providers use cookies, tags, and other technologies to enhance your access to our Services, track the activity on our Site, and to store certain types of session information to communicate with our web servers.
These tools may be used to assist our traffic measuring software, provide personalized content, identify you and contact you across multiple devices, perform analytics and detect usage patterns on our Services, diagnose or fix technology problems, detect or prevent fraud or other harmful activities, and otherwise enhance our Services.
If you prefer not to accept cookies, most browsers will allow you to manage cookies in your browser settings to disable or block cookies, to remove existing cookies, to automatically accept cookies, or to notify you when you receive a cookie. Options available may vary by browser. However, if you disable, modify, or reject cookies, some parts or functionalities of our Services may be inaccessible or may not function optimally.
Automated Collection and Cookies
We and Our Service Providers use cookies, tags, and other technologies to enhance your access to our Services, track the activity on our Site, and to store certain types of session information to communicate with our web servers.
These tools may be used to assist our traffic measuring software, provide personalized content, identify you and contact you across multiple devices, perform analytics and detect usage patterns on our Services, diagnose or fix technology problems, detect or prevent fraud or other harmful activities, and otherwise enhance our Services.
If you prefer not to accept cookies, most browsers will allow you to manage cookies in your browser settings to disable or block cookies, to remove existing cookies, to automatically accept cookies, or to notify you when you receive a cookie. Options available may vary by browser. However, if you disable, modify, or reject cookies, some parts or functionalities of our Services may be inaccessible or may not function optimally.
Use of your Personal Information
We collect and use your personal information to operate Our website and deliver the services requested. The Company may use Personal Data for the following purposes:
- Provide and maintain our Service, including monitoring the usage of our Service, enhancing Your customer experience and improving Our products and services.
- Manage Your Account as a registered user of the Service.
- For performance, development, regulatory compliance, and/or underwriting, of any insurance policies or services You have purchased from Us.
- To contact You by email, telephone calls, SMS, or other equivalent forms of electronic communication, such as push notifications from a mobile application, regarding updates or informative communications related to the functionalities, products or contracted services, including security updates, when necessary or reasonable for their implementation.
- Provide You with any news, special offers and general information about other goods, services and events which we offer that are like those that you have already purchased or inquired about unless You have opted not to receive such information.
- Manage Your direct requests to Us.
- Evaluate or conduct a merger, divestiture, restructuring, reorganization, dissolution, or other sale, transfer or transaction involving some or all Our assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which users’ Personal Data is among the assets transferred.
- Protect against fraud and unauthorized transactions.
- Confirm your identity and service your policies and accounts.
- Develop, offer and inform users of other insurance products available from Us.
- Test business processes and procedures to analyze performance.
- Perform other activities as required or permitted by law.
- Employment purposes.
Sharing Information with Third Parties
We do not sell, rent or lease any personal information to third parties. We may, however, share Your personal information with certain third parties in the following situations:
- If the Company is involved in a merger, acquisition or asset sale, Your Personal Data may be transferred. We will provide notice before Your Personal Data is transferred and becomes subject to a different Privacy Policy.
- The Company may be required to disclose Your Personal Data if required to do so by law or in response to valid requests by public authorities (e.g., a court or a government agency).
- Service Providers:
- Our affiliates, which includes Our parent company and any other subsidiaries, or other companies that We control or that are under common control with Us.
- Our business partners to offer You certain products, services or promotions.
- For any other purpose with Your consent.
- The Company may disclose Your Personal Data to certain third parties on the good faith belief that such action is necessary to:
- Comply with a legal obligation
- Protect and defend the rights or property of the Company
- Prevent or investigate possible wrongdoing in connection with the Service
- Protect the personal safety of Users of the Service or the public
- Protect against legal liability
All such third parties that We may share Your personal information with are contractually required to honor this Policy and maintain the confidentiality of Your personal information.
Retention of Personal Data
We will keep Your data for as long as is necessary and for the purpose it was intended for. We will retain and use Your Personal Data to the extent necessary to comply with our legal obligations; for example, where we are required to retain your data to comply with applicable laws, resolve disputes, and enforce Our legal agreements and policies.
Transfer of Your Personal Data
Your information, including Personal Data, may be transferred to, and maintained on, any location where our Service Providers process or store data. This means that information may be transferred to computers/servers located outside of Your state, province, or other governmental jurisdiction where the data protection laws may differ than those from Your jurisdiction. Your consent to this Privacy Policy followed by Your submission of such information represents Your agreement to that transfer.
The Company will take all steps reasonably necessary to ensure that Your data is treated securely and in accordance with this Privacy Policy and no transfer of Your Personal Data will take place to an organization or a country unless there are adequate controls in place including the security of Your data and other personal information.
External Links
When accessing Our Site or using our Services, You may find links to other websites that we do not own or control. We are not responsible for the privacy practices of these other sites, including their collection of your Personal Information. You should review the terms and conditions and privacy policies of these other sites before providing your information.
Information on Processing Your Personal Data
External Data Storage Sites
We may store your data on servers provided by third party hosting Service Providers with whom we have contracted. The Service Providers We use may have access to Your Personal Data. These third-party Service Providers collect, store, use, process and transfer information about Your activity on Our Service in accordance with their Privacy Policies.
E-mail Communications
We may use Your Personal Data to contact You via email, from time to time, with announcements, newsletters, alerts, confirmations, surveys, marketing or promotional materials and/or other general communication that may be of interest to You. To improve our Services, we may receive a notification when you open an email from Us or click on a link therein. You may opt out of receiving any, or all, such communications from Us by following the “unsubscribe” link or other instructions provided in any email or by contacting Us.
Payments
To the extent We provide paid products and/or services within the Site, we may use third-party services for payment processing (e.g. payment processors). We will not store or collect Your payment card details. That information is provided directly to Our third-party payment processors whose use of Your personal information is governed by their Privacy Policy.
Third-party payment processors adhere to the standards set by PCI-DSS as managed by the PCI Security Standards Council, which is a joint effort of brands like Visa, Mastercard, American Express and Discover. PCI-DSS requirements help ensure the secure handling of payment information.
Security of Your Personal Data
The security of Your Personal Data is important to Us but remember that no method of transmission over the Internet, or method of electronic storage is 100% secure. While We strive to use commercially acceptable means to protect Your Personal Data, We cannot guarantee absolute security.
Supplemental Notice to California Residents
California Privacy Rights Act (CPRA) and California Consumer Privacy Act (CCPA)
This supplemental notice incorporated and made a part of this Policy provides additional information to California residents about (a) how the Company may collect, use, and share Your personal information and (b) Your rights under California law with respect to your personal
information. This additional notice applies to all personal information collected by the Company, including through Our owned platforms, through other channels (such as over the phone or in person), and from third parties.
Categories of Personal Information Collected
We may collect information that identifies, relates to, describes, references, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular Consumer or Device. The following is a list of categories of personal information which we may collect or may have been collected from California residents within the last twelve (12) months.
Please note that the categories and examples provided in the list below are those defined in the CCPA. This does not mean that all examples of that category of personal information were in fact collected by Us but reflects our good faith belief to the best of our knowledge that some of that information from the applicable category may be and may have been collected. For example, certain categories of personal information would only be collected if You provided such personal information directly to Us.
- Identifiers: A real name, alias, postal address, unique personal identifier, online identifier, Internet Protocol address, email address, account name, driver’s license number, passport number, or other similar identifiers.
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Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e)): A name, signature, Social Security number, physical characteristics or description, address, telephone number, passport number, driver’s license or state identification card number, current employment, insurance policy number, education employment history, bank account number, credit card number, debit card number, or any other financial information, medical information, or health insurance information. Some personal information included in this category may overlap with other categories.
- Protected classification characteristics under California or federal law: Age (40 years or older), race, color, ancestry, national origin, citizenship, religion or creed, marital status, medical condition, physical or mental disability, sex (including gender, gender identity, gender expression, pregnancy or childbirth and related medical conditions), sexual orientation, veteran or military status, genetic information (including familial genetic information).
- Commercial information: Records and history of products or services purchased or considered.
- Biometric information: Genetic, physiological, behavioral, and biological characteristics, or activity patterns used to extract a template or other identifier or identifying information, such as, fingerprints, faceprints, and voiceprints, iris or retina scans, keystroke, gait, or other physical patterns, and sleep, health, or exercise data.
- Internet or other similar network activity: Interaction with our Service or advertisement
- Geolocation data: Approximate physical location
- Sensory data: Audio, electronic, visual, thermal, olfactory, or similar information
- Professional or employment-related information: Current or past job history or performance evaluations
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Non-public education information (per the Family Educational Rights and Privacy Act (20 U.S.C. Section 1232g, 34 C.F.R. Part 99)): Education records directly related to a student maintained by an educational institution or party acting on its behalf, such as grades, transcripts, class lists, student schedules, student identification codes, student financial information, or student disciplinary records.
- Inferences drawn from other personal information: Profile reflecting a person’s preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes.
Under CCPA, personal information does not include:
- Publicly available information from government records
- Deidentified or aggregated consumer information
- Information excluded from the CCPA’s scope, such as:
- Health or medical information covered by the Health Insurance Portability and Accountability Act of 1996 (HIPAA) and the California Confidentiality of Medical Information Act (CMIA) or clinical trial data
- Personal Information covered by certain sector-specific privacy laws, including the Fair Credit Reporting Act (FRCA), the Gramm-Leach-Bliley Act (GLBA) or California Financial Information Privacy Act (FIPA), and the Driver’s Privacy Protection Act of 1994
We obtain the categories of personal information listed above from the following categories of sources:
- Directly from You or Your agents. For example, if You provide Your personal information to Us.
- Indirectly from You. For example, from information We collect from our customers while providing services.
- Directly or indirectly from activity on Our website(s). For example, from submissions through Our website portal or website usage details collected automatically.
- From third-party Service Providers who monitor and analyze the use of our Service, payment processing, or other Service Providers that We use to provide Our Service to You.
Use of Personal Information
We may use or disclose personal information We collect for “business” or “commercial” (as defined under the CCPA), which may include the following examples:
- To fulfill or meet the reason for which the information is provided. For example, if You provide Us with personal information to ask a question about our Service, or to apply for a job, We will use that personal information to respond to Your inquiry. If You provide Your personal information to purchase a product or service, We will use that information to process Your payment and facilitate delivery.
- To provide You with information You request from Us.
- To provide you with email alerts, and other notices concerning our job opportunities, or events or news, that may be of interest to you.
- To operate and provide Our Service to You.
- To improve our Site and present its contents to You.
- To respond to law enforcement requests and as required by applicable law, court order, or governmental regulations.
- As described to You when collecting Your personal information or as otherwise set forth in the CCPA.
- For internal testing, research, analysis, administrative and auditing purposes, and product development.
- To detect security incidents and protect against malicious, deceptive, fraudulent or illegal activity, including, when necessary, to prosecute those responsible for such activities.
- To carry out our obligations and enforce our rights arising from any contracts entered between You and Us.
- As necessary or appropriate to protect the rights, property or safety of Our technology or others.
- In connection with a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all Our assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by Us is among the assets transferred.
Please note that the examples provided above are illustrative and not intended to be exhaustive. For additional details on how we use this information, please refer to the “Use of Your Personal Data” section.
If We decide to collect additional categories of personal information or use the personal information We collected for materially different, unrelated, or incompatible purposes We will provide notice by updating the Policy.
Sharing Personal Information
We may disclose certain categories of personal information to a third party for a business purpose as described in this Policy. However, if we disclose personal information to a third party for a business purpose, We enter a contract with that party that describes and limits the purpose and requires the recipient to both keep that personal information confidential and not use it for any purpose except performing the contract. Representative categories of personal information that may be disclosed to third parties include:
- Service Providers
- Payment processors
- Our affiliates
- Our business partners
- Third party Service Providers to whom You or Your agents authorize Us to disclose Your personal information in connection with the insurance products or services We provide to You.
- Third parties to whom You or your agents authorize Us to disclose personal information in connection with an employment application.
The categories listed above are those defined in the CCPA. This does not mean that all examples of that category of personal information were in fact disclosed but reflects our good faith belief to the best of our knowledge that some of that information from the applicable category may be and may have been disclosed.
IN THE PRECEDING TWELVE (12) MONTHS, WE HAVE NOT SOLD ANY PERSONAL INFORMATION.
Children’s Information
Our Services are not designed for children, and the Company does not knowingly collect personal information from children under the age of thirteen (13) years of age. Nor do we sell the personal information of children under the age of 13. If we learn that we have received information directly from a child who is under the age of 13, we will delete such information from our systems. If you are a parent or legal guardian and believe We have collected your child’s information in violation of applicable law, please contact us using the contact information provided below with sufficient detail to enable Us to delete that information.
Third Party Services
Certain online services made available via the Site may be delivered by third party sites and organizations. By using any product, service or functionality originating from a Company domain, you hereby acknowledge and consent that We may share such information and data with any third party with whom We have a contractual relationship to provide the requested product, service or functionality on behalf of Our users and customers.
The Site may contain links to other websites (“Linked Sites”). If You click on a third-party link, You will be directed to that third party’s site which is not under Our control.
We have no control over and assume no responsibility for the content, privacy policies or practices of any third-party Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. We make no representation regarding the content or accuracy of any web site link offered that you may access through the Site. Rather, such Linked Sites are provided to You only as a convenience, and the inclusion of any link does not imply endorsement, recommendation, or sponsorship for any Linked Site or the services, products or advice described on the site by Us.
Your Rights & Choices under the CCPA
The CCPA provides California residents with specific rights regarding their personal information. If You are a resident of California, this section describes your CCPA rights and explains how to exercise those rights.
a. Access to Specific Information and Data Portability Rights
You have the right to request that We disclose certain information to you about our collection and use of your personal information over the past 12 months. Once We receive and confirm your verifiable Consumer request, We will disclose to you:
- Any categories of personal information We collected about you.
- The categories of sources for the personal information We collected about you.
- Our business or commercial purpose for collecting or selling that personal information.
- The categories of third parties with whom We shares that personal information.
- The specific pieces of personal information We collected about you (also called a data portability request).
- If We sold or disclosed your personal information for a business purpose, two separate lists disclosing:
- sales, if applicable, identifying the personal information categories that each category of recipient purchased; and
- disclosures for a business purpose, identifying the personal information categories that each category of recipient obtained.
b. Deletion Request Rights
You have the right to request that We delete any of your personal information that We collected from you and retained, subject to certain exceptions. Once We receive and confirm your verifiable Consumer request, We will delete (and direct our Service Providers to delete) your personal information from our records, unless an exception applies.
We may deny your deletion request if retaining the information is necessary for the Company or Our Service Providers to:
- Complete the transaction for which We collected the personal information, provide a good or service that you requested, take actions reasonably anticipated within the context of our ongoing business relationship with you, or otherwise perform our contract with you.
- Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities.
- Debug products to identify and repair errors that impair existing intended functionality.
- Exercise their free speech rights, ensure the right of another Consumer to exercise their free speech rights, or exercise another right provided for by law.
- Comply with the California Electronic Communications Privacy Act (Cal. Penal Code § 1546 seq.).
- Engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws, when deleting this data may likely render impossible or seriously impair the research’s achievement, if you previously provided informed consent.
- Enable solely internal uses that are reasonably aligned with Consumer expectations based on your relationship with us.
- Comply with a legal obligation.
- · Make other internal and lawful uses of that information that are compatible with the context in which you provided it.
c. Exercising Access, Data Portability, and Deletion Rights
To exercise the access, data portability, and deletion rights described above, please submit a verifiable Consumer request to Us at:
- By visiting the Axon page on our website at https://axonu.com
- By contacting Our corporate Compliance Department by mail or email at
Axon Underwriting Services LLC
Attention: Compliance and Privacy Officer
60 Washington Street – Suite 105G
Morristown, NJ 07960
snewman@axonu.com
Only you or a person registered with the California Secretary of State that you authorize to act on your behalf may make a verifiable Consumer request related to your personal information. You may also make a verifiable Consumer request on behalf of your minor child.
You may only make a verifiable Consumer request for access or data portability twice within a twelve (12)-month period. The verifiable Consumer request must:
- Provide sufficient information that allows Us to reasonably verify you are the person about whom We collected personal information or an authorized representative.
- Describe your request with sufficient detail that allows Us to properly understand, evaluate, and respond to it.
We cannot respond to your request or provide the requested information if We cannot verify your identity or authority to make the request and confirm the personal information relates to you. Making a verifiable Consumer request does not require You to create an account with us. We will only use personal information provided in a verifiable Consumer request to verify the requestor’s identity or authority to make the request.
d. Response Timing and Format
We endeavor to respond to a verifiable Consumer request within 45 days of its receipt. If We require more time (up to 90 days), We will inform you of the reason and extension period in writing. We will deliver our written response by mail or electronically, at your option. Any disclosures We provide will only cover the 12-month period preceding the verifiable Consumer request’s receipt. The response We provide will also explain the reasons We cannot comply with a request, if applicable. For data portability requests, We will select a format to provide your personal information that is readily useable and should allow you to transmit the information from one entity to another entity without hindrance.
We do not charge a fee to process or respond to your verifiable Consumer request unless it is excessive, repetitive, or manifestly unfounded. If We determine that Your request warrants a fee, We will tell you why We made that decision and provide you with a cost estimate before completing your request.
Changes to Our Privacy Notice
We reserve the right to amend this privacy notice at our discretion and at any time. When we make changes to this privacy notice, we will notify you by email or through a notice on our website homepage. Please review the Last Updated date at the top of this Policy. Your continued use of the Site after the Last Updated date constitutes your acceptance of the amended Privacy Notice. Any amended Privacy Policy supersedes all previous versions.
Miscellaneous
a. Electronic Communications
Visiting the Site or sending emails to the Company constitutes electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.
Be aware that e-mail submissions over the Internet may not be secure and are subject to the risk of interception by third parties. Please consider this fact before e-mailing any information. The Company shall not be subject to any obligations of confidentiality regarding any information or materials that you submit online except as specified in this Policy, or as set forth in any additional terms and conditions relating to specific products or services, or as otherwise specifically agreed or required by law.
b. Accounts
You may need to create an account to access some features of the Site and Online Services. When creating your account, you must provide accurate and complete information. You are responsible for maintaining the confidentiality of your username and password. You will not violate, or assist in violating, the security of the Site or Online Services, whether intentionally, negligently or otherwise. You are strictly prohibited from sharing your account details or attempting to use another user’s account, username, password, or identity.
For purposes of identification, billing and marketing, you agree to provide the Company with accurate, complete, and updated information required by registration to our service (“Registration Data”), including your legal name, address, telephone number(s), e-mail and, where required, applicable payment data (e.g., credit card number and expiration date). We reserve the right to verify the accuracy of all Registration Data. You agree to promptly notify us of any change in your Registration Data. Failure to comply with this provision may result in immediate suspension or termination of your right to use the Site and Online Services.
c. No Unlawful or Prohibited Use/Intellectual Property
You are granted a non-exclusive, non-transferable, revocable license to access and use the Site strictly in accordance with this Policy. As a condition of your use of the Site, you warrant that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.
All content included as part of the Site, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the Company’s property and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
You agree not to modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. Our content is not for re-sale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use and will make no other use of the content without Our express written permission and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to Our intellectual property or our licensors except as expressly authorized by Us.
d. Limitations
Our Online Services are not directed to any person or entity in any jurisdiction where (by reason of origin, residence, citizenship or otherwise) the publication or availability of the Online Services and their content, including the products and services, are unavailable or otherwise contrary to local laws or regulations. If this applies to you, you are not authorized to access or use any of the information on the Online Services. We make no representation that the information, opinions, advice or other content on the Online Services (collectively, “Content”) is appropriate or that its products and services are available outside of the United States. Those who choose to access the Online Services from other locations do so at their own risk and are responsible for compliance with applicable local laws.
You may not be eligible for all the insurance products and Online Services described on this Site. We reserve the right to determine all eligibility for such products and services in its sole discretion.
The insurance products and Online Services may provide a general description of certain types of insurance, coverage and services available through Us. These descriptions are not a part of an insurance contract or policy and do not amend, revise or alter the terms of any policy issued through, or services provided by, Us. The Company does not guarantee a particular outcome, nor do We assume any liability in connection with any products or services provided.
e. Indemnification
You agree to indemnify, defend and hold harmless the Company, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney’s fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. We reserve the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Us in asserting any available defenses.
f. Arbitration and Class Action Waiver
If the parties are unable to resolve any dispute between them arising out of or concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The arbitrator’s award shall be final, and judgment may be entered upon it in any court having jurisdiction. If any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable attorney’s fees. The parties agree to arbitrate all disputes and claims regarding these Terms and Conditions or any disputes arising because of these Terms and Conditions, whether directly or indirectly, including Tort claims that are a result of these Terms and
Conditions. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision, shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms and Conditions. The arbitration shall be held in Morristown, New Jersey USA.
All information relating to or disclosed by any party in connection with the arbitration of any disputes hereunder shall be treated by the parties, their representatives, and the arbitrator as proprietary business information. Such information shall not be disclosed by any party or their respective representatives without the prior written authorization of the party furnishing such information. Such information shall not be disclosed by the arbitrator without the prior written authorization of all parties. Each party shall bear the burden of its own counsel fees incurred in connection with any arbitration proceedings.
Judgment upon the award returned by the arbitrator may be entered in any court having jurisdiction over the parties or their assets or application of enforcement. Any award by the arbitrator shall be the sole and exclusive remedy for the parties. The parties hereby waive all rights to judicial review of the arbitrator’s decision and any award contained therein.
g. Class Action Waiver
Any arbitration under this Policy will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and the Company agree otherwise, the arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of representative or class proceeding.
h. Liability Disclaimer
YOUR USE OF THE CONTENT IS AT YOUR OWN RISK. THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. THE COMPANY AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.
THE COMPANY AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. THE COMPANY AND/OR ITS SUPPLIERS HEREBY
DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY AND/OR ITS PROVIDERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF THE COMPANY OR ANY OF ITS PROVIDERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.
i. No Professional Advice
The information on this Site is provided solely for informational purposes and is intended as a general description of certain types of insurance and services that the Company may provide to qualified insurance customers. It is not offered as legal, accounting, or other professional advice. The Online Services are not intended for use by minors.
The insurance policy issued to you is the governing contract that specifically and fully describes coverage, terms and conditions. Descriptions of terms and conditions referenced on the Site give a broad overview of available coverage, but those descriptions do not revise or amend Your insurance policy. Coverages and rates are subject to the individual insured meeting our underwriting qualifications and product availability in applicable states. Please be aware that some coverages may be written on a non-admitted basis through licensed surplus lines brokers. Coverage provided on a surplus lines basis only can be obtained through a licensed surplus lines broker.
We do not guarantee any particular outcome and there may be certain risk conditions or issues within your organization, which may not be apparent to us. You are in the best position to understand your business and your organization and to take steps to minimize risk, and we wish to assist you by providing the information and tools to help you assess your changing risk environment.
YOU SHOULD EVALUATE ALL INFORMATION, OPINIONS AND ADVICE AVAILABLE ON THE ONLINE SERVICES IN CONSULTATION WITH YOUR INSURANCE SPECIALIST, OR WITH YOUR LEGAL, TAX, FINANCIAL OR OTHER ADVISOR, AS APPROPRIATE.
j. Your Use of Content
This Site and Our Online Services are protected by copyright. The commercial use, reproduction, transmission or distribution of any information, software or other material available through the Online Services without Our prior written consent is strictly prohibited.
k. Digital Millennium Copyright Act Takedown Procedures
The Company takes special precautions to respect the intellectual property of others, and we ask that our users do the same. If you believe that the Online Services displays copyrighted material that infringes on your legal rights, and you want us to take down or disable the infringing materials, please provide Our Corporate Legal Department with the information listed below, which is intended to substantially conform to the requirements set forth in the Digital Millennium Copyright Act, 17 U.S.C. Section 512 (c)(3)(A).
If You have any questions or would like to contact us about a notice of claim of copyright infringement related to the Online Services, please send your inquiry by email or regular mail to:
Axon Underwriting Services LLC
60 Washington Street – Suite 105G
Morristown, New Jersey 07960
Attn: Corporate Legal Department
Email Address: vpedro@axonu.com
The following information must be submitted so that we may properly address any notice of complaint:
- Identification of the copyrighted work claimed to be infringed.
- Identification of the material claimed to be infringing together with “information reasonably sufficient to permit the service provider to locate the material.” Specifically, a complete URL or URLs in the case of multiple works must be provided.
- Your address, telephone number, and email address
- A statement that the complaining party believes, in good faith, that the copyrights material identified is being used in a manner that 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, plus a physical or electronic signature of the complaining party.
- Any notification that fails to comply with the provisions above may not, in our sole discretion, be considered sufficient notice and may not be deemed to confer upon the Company actual knowledge of facts or circumstances from which infringing material or acts are evident.
l. Governing Law and Location
This Policy shall be governed in all respects by the laws of the State of New Jersey, without reference to its choice of law rules. If an applicable law conflicts with any part of the Legal Terms, the Legal Terms will be deemed modified to conform to the law. The other provisions will not be affected by any such modification.
The Site and Our Online Services are operated by Axon Underwriting Services LLC from our offices located at 60 Washington Street – Suite 105G, Morristown, New Jersey 07960 and by third party Service Providers as described herein.
m. Separate Agreements
The Terms of this Policy do not modify, revise, or amend the terms of any other agreements you may have with the Company.
n. Termination/Access Restriction
We may terminate the right of any user to access the Online Services at any time, with or without cause, in Our absolute discretion and without notice. Any statement in the Legal Terms or elsewhere on the Online Services of specific grounds for termination of a user’s right to access the Online Services shall in no manner limit Our absolute right to terminate any user’s access to the Online Services.
We reserve the right, in Our sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this Policy is governed by the laws of the State of New Jersey, and you hereby consent to the exclusive jurisdiction and venue of courts in New Jersey in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and the Company because of this Policy or Your use of the Site. Our performance is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of the
Company’s right to comply with governmental, court and law enforcement requests, or requirements relating to your use of the Site or information provided to or gathered by Us with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this Policy constitutes the entire agreement between the Company and You with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between You and the Company with respect to the Site. A printed version of this Policy and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this Policy and all related documents be written in English.
Questions or Comments:
If You have any questions or comments about this Privacy Policy, the ways in which We collect and use Your information described in this Policy, Your rights regarding such use, or wish to exercise Your rights under applicable State law, please contact us:
Axon Underwriting Services LLC
60 Washington Street – Suite 105G
Morristown, New Jersey 07960
Attn: Compliance Officer
Email Address: snewman@axonu.com
Axon Underwriting Services LLC
60 Washington Street – Suite 105G
Morristown, New Jersey 07960
Attn: Corporate Legal Department
Email Address: vpedro@axonu.com