Terms of Use

1. Privacy. You acknowledge that you have read the Privacy Policy located on the Website at https://insuredcreativity.com/policies/privacy/, as it may be updated from time to time (the “Privacy Policy“), and hereby consent to the collection, use, disclosure and retention by us of your personal information (whether previously collected or to be collected) for the purposes identified therein.
2. Amendments to these Terms of Use. We reserve the right to amend these Terms of Use at any time without notice to you, but we will use reasonable efforts to publish each amendment before such amendment becomes effective. We will ensure that the latest, fully amended version of these Terms of Use is published on the Website. You are responsible for regularly reviewing the Website to obtain timely notice of such amendments. If you continue to use the Website after the effective date of each amendment, you will be conclusively deemed to have accepted such amended version of these Terms of Use.
3. Legal Capacity. You represent and warrant that you possess the legal right, capacity and ability to agree to these Terms of Use and use the Website in accordance with them. If you are using the Website on behalf of a corporation or other organization, you represent and warrant that you have the ability to agree to these Terms of Use on behalf of such organization and all references to “you” throughout these Terms of Use will include such organization, jointly and severally with you personally.
4. Trademark and Copyright. Copyright in every part of this Website belongs to Insured Creativity, unless otherwise indicated, and may not be used, sold, licensed, copied or reproduced in whole or in part in any manner or form or in or on any media to any person without the prior written consent of Insured Creativity. Insured Creativity is a registered trademark. 
5. License. We grant to you a non-exclusive, non-transferable, limited license only to use the Website, in accordance with the provisions set out in these Terms of Use. All rights not expressly granted to you in these Terms of Use are reserved by us.
6. Insurance proposals and policies. One of the services that may be available to you on the Website is the ability to purchase certain insurance online. Please read the following section carefully if you are requesting such services:
   • Information submitted by you. You must disclose all material facts that may affect how your premium is determined and the information you provide to us must be correct and accurate; otherwise, we may not be able to provide you with an accurate proposal. You also agree to provide true, current, accurate and complete customer information as requested by us from time to time and you agree to promptly notify us of any changes to the information provided as required to keep such information held by us current, complete and accurate.
   • Additional Terms. A proposal of insurance may be subject to receipt of additional information or other conditions. Insurance coverage is subject to the terms and conditions of the policies. Please read all proposal and policy documents carefully. In case of any conflict between your insurance policy and the information provided on this Website, your insurance policy will prevail.
   • Jurisdictions. Not all customers who wish to request an online proposal of insurance will be eligible to receive one. Insurance products and services are available only in those jurisdictions where they may be legally offered. The Website is not intended as a solicitation for insurance in any jurisdictions where Insured Creativity and/or its brokers or agents are not licensed to offer such insurance.
   • International Trade Restrictions. If you purchase insurance coverage from or through Insured Creativity, including through the Website, you agree to abide by Insured Creativity’s International Trade Restrictions Policy.
   • Payment transactions. Where the Website requires a payment to complete a transaction, you may be asked to supply certain relevant information, such as your credit card number and its expiration date. You represent and warrant that you have the right to use any credit card that you submit in connection with a transaction. By submitting such information, you agree that your financial information will be provided to third parties (banks, credit card companies, etc.) as required to carry out your transaction. You agree to pay all charges incurred by you or on your behalf through the Website. In addition, you are responsible for any taxes and/or fees applicable to your transactions.
   • Additional information. Visit the pages below for more information regarding the purchase of your insurance online (including how to amend or cancel a policy):
     • Hole-In-One Product Information
     • Hole-In-One Frequently Asked Questions
7. Acceptable Use. You will ensure that (i) you only use the Website for lawful purposes, and (ii) if at any time you become aware of any violation, by any person or entity, of any part of these Terms of Use, you will immediately notify us and provide us with assistance, as requested, to stop or remedy such violation.
8. Prohibited Conduct. Without limiting the generality of any other restriction in these Terms of Use, you agree that you will not, directly or indirectly, use this Website for any false or fraudulent purpose. You are also forbidden from using this Website to post or transmit any unlawful, threatening, libelous, defamatory, obscene, indecent, inflammatory, pornographic or profane material, or any material that could constitute or encourage conduct that would be considered a criminal offence, give rise to civil liability, or otherwise violate any law. You may not disrupt or threaten the integrity, operation or security of the Website, any computer or any Internet system. We reserve the right, at any time and without advance notice or liability, to terminate your access to this Website or any component therein if, in our sole and absolute discretion, we determine or believe that you have violated any of the terms set out above.
9. Proprietary Rights. Except where expressly stated otherwise, all right, title and interest in and to the Website and all content (including, but not limited to: source code, processes, designs, technologies, URLs, domain names, marks and logos forming any part of the Website) is fully vested in us, our licensors and/or our suppliers, as applicable. You agree that such content is only licensed subject to the terms of these Terms of Use, including the disclaimers and limitations of liability herein. Nothing in your use of the Website or these Terms of Use grants you any right, title or interest in or to the Website and its contents except the limited right to use the Website as set out in these Terms of Use.
10. Submissions. You represent and warrant that any information you provide through or in connection with the Website (each, a “Submission”) is and will remain accurate and complete, and you will update such information as needed. For each Submission you make, you hereby grant to Insured Creativity a worldwide, royalty-free, fully paid-up, non-exclusive, perpetual, irrevocable, transferable and fully sublicensable license, without additional consideration to you or any third party, to reproduce, distribute, perform and display (publicly or otherwise), create derivative works of, adapt, modify and otherwise use and exploit such Submission, in any format or media now known or hereafter developed, and for any purpose. THE ABOVE LICENSE GRANT APPLIES TO ALL SUBMISSIONS; BUT, FOR THE AVOIDANCE OF DOUBT, ANY PERSONAL DATA SUBMITTED THROUGH THE ONLINE PROPERTIES REMAINS SUBJECT TO THE INSURED CREATIVITY PRIVACY POLICY .
11. International Transfers of Personal Information. If you are visiting this Website from outside Canada your visit will result in the transfer of information across international borders. You are responsible for compliance with applicable local, national, and international laws. By visiting this site and communicating electronically with us, you are consenting to these transfers.
12. DISCLAIMERS, LIMITS OF LIABILITY AND INDEMNITIES. While we use reasonable efforts to include accurate and up-to-date information on this Website, errors or omissions sometimes occur. Insured Creativity makes no warranties or representations as to the accuracy of the content of this website, and the information contained herein is intended for information purposes only, unless specifically stated elsewhere, and for a specific section or function on the website.
    • Internet Limitations. The Website depends on the Internet, including networks, equipment, cabling, and facilities that are not in our control; accordingly: (i) any representation made by us regarding the availability, use or consistency of the Website is on a “commercially reasonable efforts” basis, (ii) we cannot guarantee any minimum level regarding such availability, use or consistency, and (iii) data, messages, information or materials sent over the Internet may not be completely private, and your anonymity is not guaranteed.
    • ACKNOWLEDGEMENT. YOU ACKNOWLEDGE AND AGREE THAT: (i) ALL USE OF THE WEBSITE PROVIDED BY US IS AT YOUR OWN RISK; (ii) THE WEBSITE MAY CONTAIN LINKS TO OTHER WEBSITES, WHICH ARE PROVIDED SOLELY AS A CONVENIENCE TO YOU AND THE INCLUSION OF ANY SUCH LINK DOES NOT IMPLY ENDORSEMENT, INVESTIGATION OR VERIFICATION BY US OF SUCH WEBSITES OR THE INFORMATION CONTAINED THEREIN; AND (iii) THE WEBSITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.
    • DISCLAIMER OF WARRANTIES. WE MAKE NO CONDITIONS, WARRANTIES OR REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, USABILITY, SECURITY, QUALITY, CAPACITY, PERFORMANCE, AVAILABILITY, TIMELINESS OR ACCURACY OF THE WEBSITE. WE EXPRESSLY DISCLAIM ALL CONDITIONS, WARRANTIES AND REPRESENTATIONS, EXPRESS, IMPLIED OR STATUTORY, INCLUDING IMPLIED CONDITIONS OR WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE AND NON-INFRINGEMENT, WHETHER ARISING BY USAGE OF TRADE, BY COURSE OF DEALING, BY COURSE OF PERFORMANCE, AT LAW, IN EQUITY, BY STATUTE OR OTHERWISE HOWSOEVER.
    • NO LIABILITY. NOTWITHSTANDING ANY OTHER PROVISION OF THESE TERMS OF USE, IN NO EVENT WILL WE, OUR AFFILIATES, OR OUR CONTROLLING PARTIES, AGENTS, EMPLOYEES, AND SUPPLIERS (COLLECTIVELY, “AFFILIATED ENTITIES”, “WE” OR “US“) BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY OTHER DAMAGES OR LOSSES WHATSOEVER, INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, OPPORTUNITY, EARNINGS, USE OR DATA, ARISING DIRECTLY OR INDIRECTLY FROM OR RELATED TO THESE TERMS OF USE, OR THE USE (OR NON-USE) OF THE WEBSITE OR ANY RELATED CONTENT, REGARDLESS OF THE CAUSE OF ACTION AND EVEN IF ONE OR MORE OF US HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES, INCLUDING DAMAGES OR LOSSES ARISING FROM OR IN ANY WAY RELATED TO THE FOLLOWING: (i) ANY LOSS OR DAMAGE TO DATA ARISING DIRECTLY OR INDIRECTLY OUT OF USE OR NON-USE OF THE WEBSITE OR RELATED COMPONENT; (ii) DELAYS, ERRORS, INTERRUPTIONS, MISTAKES, OMISSIONS, NON-DELIVERY, INCORRECT DELIVERY, OR DEFECTS ON OR RELATED TO THE WEBSITE. WITHOUT RESTRICTING THE FOREGOING, IF CIRCUMSTANCES ARISE IN WHICH YOU OR ANOTHER PARTY IS ENTITLED TO RECOVER DAMAGES FROM ONE OR MORE OF US, THE AGGREGATE LIABILITY OF US FOR DAMAGES IS LIMITED TO FIFTY CANADIAN DOLLARS ($50.00 CAD).
    • APPLICABILITY. SOME JURISDICTIONS PROHIBIT THE DISCLAIMER OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OF CERTAIN TYPES OF LIABILITY. IN SUCH CIRCUMSTANCES, TO THE EXTENT THAT SUCH PROHIBITIONS PROHIBIT ANY EXCLUSIONS AND LIMITATIONS IN THESE TERMS AND CONDITIONS, SUCH EXCLUSIONS AND LIMITATIONS WILL NOT APPLY TO YOU STRICTLY TO THE EXTENT NECESSARY TO MAKE THESE TERMS AND CONDITIONS CONSISTENT WITH SUCH PROHIBITIONS.
    • Indemnity. Except to the extent prohibited under applicable law, you agree to defend, indemnify and hold harmless Insured Creativity and the Affiliated Entities from and against all claims, losses, costs and expenses (including legal fees) arising out of (a) your use of, or activities in connection with, the Website (including all Submissions); and (b) any violation or alleged violation of these Terms of Use by you.

GENERAL TERMS:

1. Waiver of Rights and Remedies. Our failure to insist upon or enforce strict performance of any provision of these Terms of Use will not be construed as a waiver of any provision or right. Neither the course of conduct between you and us nor trade practice will act to modify any provision of these Terms of Use. Our rights, powers and remedies in these Terms of Use, including without limitation the right to suspend, restrict or terminate any use of the Website, are cumulative and in addition to and not in substitution for any right, power or remedy that may be available to us at law or in equity.
2. Severability.  If any provision of these Terms of Use is determined to be invalid or unenforceable in whole or in part, such invalidity or unenforceability will attach only to such provision or part thereof and the remaining part of such provision and all other provisions hereof will continue in full force and effect.
3. Governing Law. The terms of these Terms of Use are governed by the laws of the Province of Ontario and the laws of Canada applicable therein, without regard to the conflict of laws provisions thereto. In the event of litigation, the parties consent to the jurisdiction of the courts in the Province of Ontario, in the City of Toronto, unless another forum is consented to by all parties in writing.
4. Assignment and Inurement. We may at any time assign our rights and obligations under these Terms of Use, in whole or in part, without notice to you. You may not assign these Terms of Use without our prior, written consent. These Terms of Use will inure to the benefit of and bind you and us and our respective personal and legal representatives, successors and permitted assigns.
5. Relationship. You agree that no joint venture, partnership, fiduciary, employment or agency relationship exists between us and you as a result of these Terms of Use or use of the Website.
6. Force Majeure. Neither party will be responsible for a failure to fulfil its obligations under these Terms of Use or for delay in doing so if such failure or delay is due to circumstances beyond its reasonable control, such as acts of nature, acts of government, war, riots, and strikes, but excluding a lack of financing, cash or credit.
7. Entire Agreement. These Terms of Use, as amended from time to time, including any and all documents, websites, terms, proposals and policies referenced herein, including but not limited to the Privacy Policy, constitutes the entire agreement between us and you with respect to the matters referred to in these Terms of Use and supersedes all prior and contemporaneous agreements and understandings, whether electronic, oral or written, between us and you with respect to such matters.