Terms & Conditions

 

TERMS & CONDITIONS 
 
YOUR READING AND UNDERSTANDING OF THIS INFORMATION IS REQUIRED TO APPLY FOR VALID CONSTRUCTION CONTRACTOR GENERAL LIABILITY COVERAGE WITH ACE Financial Group Ltd (ACE, ACE Financial or similar)

It is required that the Policy Holder has read and understood this Terms and Conditions in order to interact with the website and purchase any products. 
All persons are denied access to this website unless they have read, understood, and accepted the Privacy Policy, Purchase Agreement, and these Terms and Conditions.
By visiting, view, using, or interacting with this website, you are agreeing to all the provisions of this Terms and Conditions, the Privacy Policy and Purchase Agreement of this website.
 
ALL PERSONS UNDER THE AGE OF 18 ARE DENIED ACCESS TO THIS WEBSITE. IF YOU ARE UNDER 18 YEARS OF AGE, IT IS UNLAWFUL FOR YOU TO VISIT, READ, OR INTERACT WITH THIS WEBSITE OR ITS CONTENTS IN ANY MANNER. THIS WEBSITE SPECIFICALLY DENIES ACCESS TO ANY INDIVIDUAL THAT IS COVERED BY THE CHILD ONLINE PRIVACY ACT (COPA) OF 1998.
 
ACE Financial Group Ltd and their website reserves the right to deny access to any person or viewer for any reason. Under the Terms and Conditions, Purchase Agreement and Privacy Policy, which you accept as a condition for viewing, the website is allowed to collect and store data and information for the purposes of exclusion and for many other uses.
 
CHANGES TO WEBSITE AND DOCUMENTS
The Website www.ConstructionGeneralLiability.com, Terms and Conditions Agreement, and Purchase Agreement may change from time to time, and at anytime without any notice. Visitors, Members and Policy Holders have an ongoing affirmative duty, as part of the consideration for permission to view this website, to keep themselves constantly informed of any changes, additions or deletions. 
 
GUARANTEE AND WARRANTY OF PRODUCTS AND/OR CLAIMS
This product is sold 'as is' without warranty or guarantee of any kind. There are no guarantees or warranties that any claim, referral or refund will be paid. All payments made are based on the amount of funds available (if any) in the business operating accounts and General Reserve Funds. All claims, referrals and refunds will be processed in the order received regardless of whether or not funds are available. When funds become available, in the future, to meet a claim, referral, or refund the payment will be made, if it is made within the provisions of the Policy.
 
PARTIES TO THE TERMS OF USE AGREEMENT
Visitors, viewers, users, subscribers, members, affiliates, or customers, collectively referred to herein as “ isitors," or “Customers” are parties to this agreement. The website and its owners and/or operators are parties to this agreement, herein referred to as “Website."
 
ACCEPTABILITY OF PRODUCT
The Issuing Company makes no claim to, and assumes no liability for, the acceptability or compliance of this product to any third party. Policy Holder may find that some third parties will accept this as valid, effective, complete and adequate coverage, and others may not. It is the sole responsibility of the Policy Holder to ensure that any third party needing receipt, or proof of this coverage will do so in full understanding of its provisions, coverages, limitations, and exclusions according to the Policy outline. Issuing Company retains no responsibility or liability of any misunderstanding, misconception, or lack of knowledge regarding their Policies to any third party.
Certificate Holder is fully responsible and liable to inform any Additional Certificate Holder(s) of all policy conditions, limitations, exclusions and provisions. 
Additional certificate holders do not have Construction general Liability Coverage under the policy. Additional Certificate Holders may not be state or federal agencies, employees, or affiliates.
All Policy Holder’s employees, staff, independent contractors, temporary or seasonal workers do not have any Coverage for any act or misact conduct. Coverage is limited to all acts and misacts of the Certificate Holder only.
DISCONTINUATION OF COMPANY 
Policy Holder understands that the Issuing Company may discontinue their company and all of its operations, to include the continuation, renewability, and future claim ability on any product or service at any time without notice. If this were to occur all Policiess sold would then be null and void, no longer valid for use or available for claims. Refunds would only be given on a prorated basis for those Policy Holders that specifically request in writing a refund, and if funds are available in the General Reserve Fund or company operating accounts. There is no guarantee of any claim or refund will be paid.
 
USE OF INFORMATION FROM THIS WEBSITE
Unless you have entered into an express written contract with this website to the contrary, visitors, viewers, subscribers, members, affiliates, Policy Holders, or customers have no right to use this information in a commercial or public setting; they have no right to broadcast it, copy it, save it, print it, sell it, use it in any website blog, review, rating, or forum, or publish any portions of the content of this website. By viewing the contents of this website you agree this condition of viewing and you acknowledge that any unauthorized use is unlawful and may subject you to civil or criminal penalties. Again, Visitor has no rights whatsoever to use the content of, or portions thereof, including its databases, invisible pages, linked pages, underlying code, or other intellectual property the site may contain, for any reason for any use whatsoever. Nothing.  Visitor agrees to liquidated damages in the amount of U.S.$100,000 in addition to costs and actual damages for breach of this provision. Visitor warrants that he or she understands that accepting this provision is a condition of viewing and that viewing constitutes acceptance.
 
OWNERSHIP OF WEBSITE OR RIGHT TO USE, SELL, PUBLISH CONTENTS OF THIS WEBSITE
The website and its contents are owned or licensed by the website. Material contained on the website must be presumed to be proprietary and copyrighted. Visitors have no rights whatsoever in the site content. Use of website content for any reason is unlawful unless it is done with express contract or written permission of the website.
 
HYPERLINKING TO SITE, CO-BRANDING, "FRAMING" AND REFERENCING SITE PROHIBITED
Unless expressly authorized in writing by website, no one may hyperlink this site, or portions thereof, (including, but not limited to, logotypes, trademarks, branding or copyrighted material) to theirs for any reason. Further, you are not allowed to reference the url (website address) of this website in any commercial or non-commercial media without express permission, nor are you allowed to 'frame' the site. You specifically agree to cooperate with the Website to remove or de-activate any such activities and be liable for all damages. You hereby agree to liquidated damages of US$100,000.00 plus costs and actual damages for violating this provision.
 
DISCLAIMER FOR CONTENTS OF SITE
The website disclaims any responsibility for the accuracy of the content of this website. Visitors assume all the risk of viewing, reading, using, or relying upon this information. Unless you have otherwise formed an express contract to the contrary with the website, you have no right to rely on any information contained herein as accurate. The website makes no such warranty.
 
DISCLAIMER FOR HARM CAUSED TO YOUR COMPUTER OR SOFTWARE FROM INTERACTING WITH THIS WEBSITE OR ITS CONTENTS. VISITOR ASSUMES ALL RISK OF VIRUSES, WORMS, OR OTHER CORRUPTING FACTORS.
The website assumes no responsibility for damage to computers or software of the visitor or any person the visitor subsequently communicates with from corrupting code or data that is inadvertently passed to the visitor's computer. Again, visitor views and interacts with this site, or banners or pop-ups or advertising displayed thereon, at his own risk.
 
DISCLAIMER FOR HARM CAUSED BY DOWNLOADS
Visitor downloads information from this site at this own risk. Website makes no warranty that downloads are free of corrupting computer codes, including, but not limited to, viruses and worms.
 
LIMITATION OF LIABILITY
By viewing, using, or interacting in any manner with this site, including banners, advertising, pop-ups, or downloads, and as a condition of the website to allow his lawful viewing, Visitor forever waives all right to claims of damage of any and all description based on any causal factor resulting in any possible harm, no matter how heinous or extensive, whether physical or emotional, foreseeable or unforeseeable, whether personal or business in nature.

INDEMNIFICATION
Visitor agrees that in the event he causes damage, which the Website is required to pay for, the Visitor, as a condition of viewing, promises to reimburse the Website for all.
 
SUBMISSIONS
Visitor agrees as a condition of viewing, that any communication between Visitor and Website is deemed a submission. All submissions, including portions thereof, graphics contained thereon, or any of the content of the submission, shall become the exclusive property of the Website and may be used, without further permission, for commercial use without additional consideration of any kind. Visitor agrees to only communicate that information to the Website, which it wishes to forever allow the Website to use in any manner as it sees fit. "Submissions" is also a provision of the Privacy Policy.
 
NOTICE
No additional notice of any kind for any reason is due Visitor and Policy Holders. Visitor and Policy Holder expressly warrants an understanding that the right to notice is waived as a condition for permission to view or interact with the website. 
 
DISPUTES
As part of the consideration that the Website requires for viewing, using or interacting with this website, Visitor and Policy Holder agrees to use binding arbitration for any claim, dispute, or controversy (“Claim”) of any kind (whether in contract, tort or otherwise) arising out of or relating to this purchase, this product, including solicitation issues, privacy issues, and Terms and Conditions issues.
 
Arbitration shall be conducted pursuant to the rules of the American Arbitration Association which are in effect on the date a dispute is submitted to the American Arbitration Association. Information about the American Arbitration Association, its rules, and its forms are available from the American Arbitration Association, 335 Madison Avenue, Floor 10, New York, New York, 10017-4605. Hearing will take place in the city and country of the Issuing Company, ACE Financial Group Limited, in Belize City, Belize. 
 
In no case shall the viewer, visitor, member, subscriber, customer, or Policy Holder have the right to go to court or have a jury trial. Viewer, visitor, member, subscriber, customer, or Policy Holder will not have the right to engage in pre-trial discovery except as provided in the rules; you will not have the right to participate as a representative or member of any class of claimants pertaining to any claim subject to arbitration; the arbitrator’s decision will be final and binding with limited rights of appeal.
 
The prevailing party shall be reimbursed by the other party for any and all costs associated with the dispute arbitration, including attorney fees, collection fees, investigation fees, travel expenses.
 
JURISDICTION AND VENUE
If any matter concerning this purchase shall be brought before a court of law, pre- or post-arbitration, Viewer, visitor, member, subscriber, customer, or Policy holder agrees to that the sole and proper jurisdiction to be the state and city declared in the contact information of the web owner unless otherwise here specified. In the event that litigation is in a federal court, the proper court shall be the closest federal court to the Issuing Compamy’s  address, in Belize City, Belize.
 
TERRITORY
ACE Financial does not currently sell, operate, market, solicit, or offer coverage in the states of: Alaska,  Hawaii, and Texas. This Policy applies to Wrongful Acts committed, or for products sold, in any state of the United States that the Issuing Company conducts business.
 
APPLICABLE LAW
Viewer, visitor, member, subscriber, customer, or Policy Holder agrees that the applicable law to be applied shall, in all cases, be that of the state of the Issuing Company.
 
OCCURRENCE VS. CLAIMS MADE POLICIES
Occurrence Coverage
Timing: An Occurrence policy protects you from any covered incident that “occurs” during the policy period, regardless of when a claim is filed. An occurrence policy will respond to claims that come in – even after the policy has been canceled – so long as the incident occurred during the period in which coverage was in force. In effect, an Occurrence policy offers permanent coverage for incidents that occur during the policy period.
 
Limits: Occurrence limits “restore” each year so that claims paid for incidents arising from one policy year do not deplete limits available to cover claims from other years. Each year an Occurrence policy is in force represents a separate set of limits. 
 
Claims-Made Coverage
Timing: Claims-made policies provide coverage for claims only when BOTH the alleged incident AND the resulting claim happen during the period the policy is in force. Claims made policies provide coverage so long as the policyholder continues to pay premiums for the initial policy and any subsequent renewals. Each succeeding year the policy is continuously renewed, the “coverage period” is extended. Once premiums stop the coverage stops. Claims made to the issuing company after the coverage period ends will not be covered, even if the alleged incident occurred while the policy was in force. A Claims-made policy will cover claims after the coverage period ONLY if the policyholder purchases extended reporting period or “tail” coverage.
 
Limits: Claims-made limits do not “restore” each year the way Occurrence Coverage limits do. The policy limits in place when the policy is purchased remain the single set of limits available to protect the policyholder from all claims that could arise from care provided during the years the policy is continuously in force. The policyholder does not have a separate set of limits for each year the policy is in force.
 
ACE Financial Group Ltd. only offers Claims-Made Policies.
 
UNDERSTANDING AND ACCEPTANCE
I hereby represent that all answers on my Quote and Application, written or stated, are true, accurate, and complete. This pertains to any Quote and Application for any new or renewing Policy. It is my understanding that ACE Financial Group Limited is relying on the completeness and validity of my answers for their offer of Construction General Liability Coverage. The full and complete disclosure of all of my requested information must occur for valid Coverage to go into effect. I understand that if I omit, falsely portray or mislead any of the requested information, no Coverage will go into effect, even if I have paid an annual payment for Coverage. In this situation I am not entitled to any refund of any funds paid.  
 
I understand that there is, however, a refund period which offers me 30 days to review the Policy, with a full refund of all payments made within the following 30 days. I will need to advise ACE Financial Group Ltd by phone, fax, mail, or email that I wish to receive the refund. Ace Financial Group Ltd reserves the right to evaluate at any time the validity and completeness of any information before, during or after a Claim is made in order to verify the validity of information, and therefore Coverage due, if any, according to the Policy.  I understand that this application, once processed, shall become a part of the Coverage and Policy agreement and any incomplete, incorrect or misleading answers may result in the denial of claims and the cancellation of Coverage provided to me or my company, without any refund due.  I agree to inform ACE Financial Group Ltd within a thirty (30) day period if any change of my company status, or employment occurs, or if any other Material Information changes. 

I understand that the completion of this application and annual payment does not allow me immediate Coverage, nor does it guarantee me Construction General Liability Coverage. My application must be formally and fully evaluated and processed by the company before any Coverage can begin. I will be notified in writing by ACE Financial Group Ltd when my Coverage is to begin.
 
I am aware that ACE Financial Group Ltd is not an insurance company, but rather a Risk-Sharing Plan. ACE Finanacial Group Ltd is a privately-held, owned, managed, and operated corporation established in Belize. The Policies offered are not governed or regulated by insurance laws.  Risk-Sharing Plans are not insurance, and are not intended to replace insurance products or coverages.  Covered individuals do not have the same protections as under licensed insurance policies.  Such Risk-Sharing Plans are not regulated by the Insurance Commissioner’s Office, thus the office has no ability to force such Plans to take any action should a consumer have a non-resolved problem.  Privately held corporations and Risk-Sharing Plans are not rated by A.M. Best or a similar rating agency.  They do not participate in a Guaranty Fund Association.  

I am aware that Policy Holders are initially and directly responsible for the payment of all claims, including those for legal services rendered. ACE Financial Group Ltd may reimburse the Policy Holder for covered expenses, according to the provisions of the Policy.  Please see the full Policy for complete details.  This reimbursement is made from the General Reserve Fund, if there are funds available.  It is possible that there will be no funds available at the time of a Claim, and therefore there is no guarantee a Claim will be paid.
 
I understand that this is not insurance. Insurance definitions state that Insurance products require a contractual transfer of risk in exchange for payment.  Because of this, many consumer protections that are commonly presumed to exist are inapplicable, and it is important for contractors and purchasers to know the difference.  Risk-Sharing Plans are regulated by the local government for stringent requirements regarding reputation, integrity, and proper business practices.
 
I willfully allow ACE Financial Group Ltd to use premiums from the General Reserve Fund and business operating accounts to reimburse fellow ACE Financial Group Ltd’s Policy Holders for all Claims out of my portion of my annual rate paid to ACE Financial Group Ltd.  My annual rate may also be used to pay, on my behalf, all administrative expenses, salaries, Claims received, and any other costs needed determined by the management of ACE Financial Group Ltd.  I understand that ACE Financial Group Ltd may reimburse me for all of my allowable Claims out of their business operating accounts and General Reserve Fund (if funds are available) for any valid and covered Claim I may present, according to the provisions of the Policy.
 
Because ACE Financial Group Ltd has their main operations headquartered in Belize, I am aware that there may be an “International Transaction Charge” made to my credit card by my credit card company and/or my bank. ACE Financial does not charge these fees, and is therefore not responsible for refunding them.
 
By agreeing to this Terms and Conditions, I certify that all information given and represented here in electronic manner and method are considered actual and valid, the same as with any other physical written and legal document conducted in person.  All electronic signatures are true, legal and valid made to purchase this Policy, and they are considered as binding as any wet, real, or physical signature would be on a physical document.
 
CONTACT INFORMATION:
ACE Financial Group Ltd

 


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