TERMS OF SERVICE

THESE TERMS CONSTITUTE A BINDING AGREEMENT BETWEEN YOU AND US. PLEASE READ CAREFULLY THROUGH ALL SECTIONS OF THESE TERMS. YOUR ACCESS TO AND USE OF THE SITE IS SUBJECT TO THESE TERMS AND ALL APPLICABLE LAWS. WE RESERVE THE RIGHT TO TERMINATE YOUR ACCESS TO THE SITE IF YOU VIOLATE THESE TERMS. BY CLICKING ON LINKS WITHIN THE SITE OR WEBPAGES BEYOND THE SITE’S HOMEPAGE OR BY CLICKING ON A BOX OR ICON, YOU AGREE TO THESE TERMS WHETHER OR NOT YOU COMPLETE A TRANSACTION WITH US AND WHETHER OR NOT YOU COMPLETE YOUR TRANSACTION ON THE SITE OR THROUGH OTHER CHANNELS, SUCH AS BY TELEPHONE, EMAIL, FACSIMILE, OR OTHERWISE. IF YOU DO NOT AGREE WITH THESE TERMS, DO NOT ACCESS OR OTHERWISE USE THE SITE, ANY SERVICES AVAILABLE THROUGH THIS SITE, OR ANY INFORMATION CONTAINED ON THIS SITE.

Welcome to the Western National website operated by Western National Mutual Insurance Company and its affiliates, collectively known as Western National Insurance Group ("WN", "we", or "us"). This General Terms of Service Agreement (this "Agreement") sets forth the terms and conditions governing your use of this Site and your access to and use of the information, content, and services offered on this Site (which, collectively with this Site, constitute the "Services"). Additional rules and policies published on the website are incorporated in this Agreement. Certain areas of this Site, including, without limitation, access to secured pages, may require registration or be subject to additional terms and conditions of use. The scope of this Agreement is limited to the Services. You may enter into additional agreements with WN related to, among other things, insurance coverage. The terms and conditions of those agreements will govern those relationships.

WN Reserves the Right to Revise this Agreement. WN reserves the right, at any time and from time to time, to update, revise, supplement, and to otherwise modify this Agreement, and to impose new or additional rules, policies, terms or conditions on your use of the Services (“Additional Terms”). The Additional Terms are incorporated into the Agreement and become effective immediately upon posting on the Site. Your continued use of the Services following such notice demonstrates your acceptance of any Additional Terms.

WN May Revise or Terminate Any Part of the Services at Any Time. WN reserves the right, at any time and from time to time, to: (a) modify or discontinue, temporarily or permanently, the Services; (b) restrict anyone from access to any or all of the Services; or (c) terminate access of any user or registered account, in all cases without notice and in its sole discretion. You agree that WN is not liable to you for any of these actions.

Acceptable Use of the Services.

• Individual Use. You agree that you will not duplicate, download, publish, modify, or otherwise distribute any material on this Site for any purpose other than for your own individual use unless otherwise specifically authorized by WN.


• Links. You will not create, post, display, publish, or distribute any link to this Site unless specifically authorized in writing by WN to do so.


• Security. You shall not violate or attempt to violate the security of the Services or the integrity of the Site. Accordingly, you shall not: (i) access data or materials not intended for you; (ii) log into a server or account which you are not authorized to access; (iii) attempt to probe, scan, or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; or (iv) attempt to interfere with service to any user, host, or network. Violations of system or network security may result in civil or criminal liability. We have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website. YOU WAIVE AND HOLD HARMLESS WN, ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.


• You Are Responsible For All of Your Activities and All of the Content You Post. You represent and warrant that any information you post or provide to WN by means of the Services, including, without limitation, as part of any registration or application or to gain access to any Services, is truthful, accurate, not misleading, owned or licensed by you, and offered in good faith. Any information disclosed to you via the Services, including, without limitation, any content in any personalized areas of this Site, may be used only for its intended purpose. You agree NOT to use the Services for or in connection with any of the following activities: (i) impersonating any person or entity, or misrepresenting your identity or affiliation in any way; (ii) any fraudulent or illegal purpose; (iii) any unlawful, harmful, harassing, defamatory, tortious, libelous, abusive, threatening, obscene, hateful, or otherwise objectionable purpose; and (iv) transmitting material that contains viruses or other computer programming that are intended to damage, destroy, disrupt or otherwise impair the functionality or operation of the Services, data, or information.


• Account Password and User ID. If applicable, you will be able to access certain portions of this Site as a registered user of the Services. As a registered user of the Services, you shall receive or establish one or more passwords and accounts. Maintaining the confidentiality and security of your passwords and accounts is solely your responsibility. You are entirely responsible for all activities that occur on or through your account(s), and you agree to notify WN immediately about any unauthorized use of accounts or any breach of security. You agree that WN and its affiliates shall not be responsible for any losses incurred in connection with any misuse of or failure to secure passwords. WN is entitled to act on instructions received under your User ID and password. WN may block access to the online service site without prior notice if we believe your User ID and password are being used by someone other than you, if any unauthorized access to your personal information has occurred or may occur, or for other reasons. WN retains the right to examine your records of user activity and/or account activity for any accounts registered to you.


• Submitted Ideas. When you submit ideas or materials to WN (“Submissions”), such as for marketing, advertising, promotions, services, devices, processes, trademarks, logos, artwork, music, photos, or videos, you grant to WN a perpetual, irrevocable, world-wide, royalty-free right and license to use, modify, publish, disclose, or exploit the Submissions at WN’s discretion.


• Do Not Violate Third Party Intellectual Property Rights. Without limiting the foregoing, you may not, and by using the Services you agree not to, use the Services to transmit materials that contain Intellectual Property unless it is owned or licensed by you. "Intellectual Property" includes patents, trademarks, copyright and trade secret materials, any applications or registrations relating to such rights, and any other intellectual property or proprietary rights recognized in any country or jurisdiction worldwide.


• Ownership. All content and materials included in the Services and on the Site are the property of WN or its licensors. Permission is granted to use, copy, and distribute these materials and without alternation for non-commercial purposes only; provided that all copyright and other proprietary notices appear in all copies in the same manner as the original. All other uses are prohibited. Except as expressly provided herein, you shall not use any portion of the Site or any other Intellectual Property of WN on any other website, in source code in any other website, or in any other printed or electronic materials. Except as expressly provided herein, you shall not modify, publish, reproduce, republish, create derivative works, copy, upload, post, transmit, distribute, or otherwise use any of the Site’s content within any other website without WN’s prior written permission. You agree that you do not acquire any ownership rights by virtue of downloading copyrighted material from the Services. All rights not expressly granted hereunder are expressly reserved to WN.
  
  If you believe your rights under applicable copyright laws are being infringed, you may notify WN by e-mailing info@wnins.com. Please provide the following information: (1) identification of the copyrighted work claimed to have been infringed; (2) identification of the material that is claimed to be infringing and information reasonably sufficient to permit us to locate the material; (3) your contact information, including name, address, telephone number, and email address; and (4) a statement by you that you have a good faith belief that use of material is not authorized. If an agent is acting on behalf of a copyright owner, the agent must additionally include a statement, under penalty of perjury, that the agent is authorized to act on behalf of the copyright owner, as well as provide a signed statement by the copyright owner that the agent is authorized to act on the owner’s behalf.


• Trademarks. The Site contains multiple WN registered trademarks. The "look and feel" of this Site is also trademark and proprietary trade dress. This includes WN's color combinations, button shapes, layout, and all other graphical and navigational elements.


• Termination. WN may and will terminate your service immediately, if, in its sole discretion, WN believes that your conduct fails to conform with the Terms of Service or for any other business reason.

Prohibited Uses of the Services. Without WN’s prior written consent, you shall not:

• Access any part of the Services, data, or information you do not have permission or authorization to access or for which WN has revoked your access.


• Use robots, spiders, scripts, service, software, or any manual or automatic device, tool, or process designed to data mine or scrape data or information from the Services, or otherwise use, access, or collect data or information from the Services using automated means.


• Use the Site or its content for the development of any software program, model, algorithm, or generative AI tool, including, but not limited to, training or using in connection with the development or operation of a machine learning or artificial intelligence (AI) system (including fine tuning or grounding the machine learning or AI system or as part of retrieval-augmented generation).


• Use any manual or automatic device, tool, or process designed to circumvent any restriction, condition, or technological measure that controls access to the Services in any way.


• Cache or archive the content of the Site (except for a public search engine’s use of spiders for creating search indices solely for the inclusion of links and short, non-AI synthesized snippets of the Content in search results).


• Do anything that could disable, damage, or change the functioning or appearance of the Services, including the presentation of advertising.

Engaging in a prohibited use of the Services may result in civil, criminal, and/or administrative penalties, fines, or sanctions against the user and those assisting the user.

Compliance with Laws. You may use the Services and Site only for lawful purposes. The Services are subject to all applicable local, state, national, and international laws, statutes, rules, regulations, and ordinances, and you agree that you shall at all times comply with the same.

Signatures/Your Access to Certain Services. You acknowledge that your electronic submissions constitute your agreement and intent to be bound by the agreements they contain.

Pursuant to any applicable statutes, regulations, rules, ordinances, or other laws, including, without limitation, the Electronic Signatures in Global and National Commerce Act, P.L. 106-229 (the "E-Sign Act") or other similar statutes, YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, APPLICATIONS, AND OTHER RECORDS AND ELECTRONIC DELIVERY OF NOTICES, POLICIES AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED THROUGH THIS SITE. Further, you hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature, delivery, or retention of nonelectronic records or which require payments or the granting of credits by other than electronic means.

Third-Party Sites. If this Site contains links to other internet websites (“Third-party Sites”), they are provided solely for your convenience and are not maintained by WN. WN makes no warranties or representations about the content of, any products or services offered by, or the intellectual property compliance of, such Third-party Sites. We recommend that you take the time to read the privacy policies and user agreements of these sites.

Privacy and Security. Although not a part of these terms, please review our Privacy Policy, which also governs your visit to our Site and use of our Services.

Disclaimer of Warranties. To the fullest extent permitted by law, the content and materials of the Services and Site are provided on an "as is" and "as available" basis, without warranties of any kind, express or implied, including any implied warranties of merchantability, fitness for a particular purpose, and non-infringement. WN does not warrant that this Site and any Services will be available or operate in an uninterrupted or error-free manner or that errors or defects will be corrected, or that this Site, its servers, or any email sent from WN are free of viruses or other harmful components. In addition, WN does not warrant that information available on or through the Site or Services are appropriate, accurate, complete, or available for use in any particular jurisdiction. The information presented on or through the Site is made available solely for general information purposes. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Site or by anyone who may be informed of any of its contents.

Limitation of Liability. To the fullest extent permitted by law, WN shall not be liable for any injury, loss, claim, or damage, nor any direct, indirect, incidental, special, punitive, consequential, or exemplary damages of any kind, which arises out of: (a) the use of, or inability to use, this Site or the Services, or (b) unless resulting from the gross negligence or intentional actions of WN, the unauthorized access to or alterations of your transmissions or data, even if WN has been advised of the possibility of such damages.

Indemnity of WN. You agree to indemnify and hold WN harmless, and, at WN's request, to defend WN from and against any claim, demand, cause of action, debt, loss, or liability, including reasonable attorney's fees, to the extent that such action is based upon, arises out of, or relates to your use of (or inability to use) the Services, the Site, or any other activities of yours accomplished using the Services or the Site.

MANDATORY ARBITRATION NOTICE AND CLASS ACTION AND JURY TRIAL WAIVER. These Terms contain a mandatory (binding) arbitration provision and class action and jury trial waiver clauses. Except for certain types of disputes described in the arbitration section below or where prohibited by applicable law, you agree that disputes between you and us regarding your use of the Site or Services will be resolved by binding, individual arbitration and you waive your right to participate in a class action lawsuit or class-wide arbitration, including as a class representative. The arbitrator’s decision will be subject to very limited review by a court. You will be entitled to a fair hearing, but the arbitration procedures are simpler and more limited than rules applicable in Court. For more details, see below.

MANDATORY ARBITRATION AND CLASS ACTION AND JURY TRIAL WAIVER

Most concerns can be resolved quickly and to your satisfaction by contacting us at info@wnins.com.

In the event that we are not able to resolve a dispute, and with the exception of the claims for injunctive relief by us as described above and to the extent allowed by law, you hereby agree that either you or we may require any dispute, claim, or cause of action (“Claim”) between you and us or any third parties arising out of use of the Site or the Services (whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory) to be arbitrated on an individual (non-class) basis. If you are a California resident, you retain the right to obtain public injunctive relief from any court with proper jurisdiction.

THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION AWARD IS VERY LIMITED. ADDITIONALLY, ANY ARBITRATION OF A CLAIM WILL BE ON AN INDIVIDUAL BASIS, AND, THEREFORE, YOU UNDERSTAND AND AGREE THAT YOU ARE WAIVING THE RIGHT TO PARTICIPATE AS A CLASS REPRESENTATIVE OR CLASS MEMBER IN A CLASS ACTION LAWSUIT. AS PART OF THIS WAIVER, YOU AGREE THAT YOU WAIVE THE RIGHT TO ACT AS A PRIVATE ATTORNEY GENERAL IN AN ARBITRATION; THAT EXCEPT AS OTHERWISE PROVIDED IN THIS ARBITRATION AGREEMENT, CLAIMS BROUGHT BY OR AGAINST YOU MAY NOT BE JOINED OR CONSOLIDATED WITH CLAIMS BROUGHT BY OR AGAINST ANY OTHER PERSON; AND THE ARBITRATOR SHALL HAVE NO AUTHORITY TO CONDUCT A CLASS-WIDE ARBITRATION, PRIVATE ATTORNEY GENERAL ARBITRATION OR MULTIPLE-PARTY ARBITRATION.

You and we agree that your use of the Services involves interstate commerce, and that this arbitration agreement shall be interpreted and enforced in accordance with the Federal Arbitration Act (FAA) set forth in Title 9 of the U.S. Code to the fullest extent possible, notwithstanding any state law to the contrary, regardless of the origin or nature of the Claims at issue. The arbitrator must follow, to the extent applicable: (1) the substantive law of the state in which we entered into the transaction giving rise to this arbitration agreement; (2) the applicable statutes of limitations; and (3) claims of privilege recognized at law. The arbitrator will not be bound by federal, state or local rules of procedure and evidence or by state or local laws concerning arbitration proceedings.

If either you or we elect to arbitrate a claim, the dispute shall be resolved by binding arbitration administered under the applicable rules of the American Arbitration Association (“AAA”). Either you or we may elect to resolve a particular Claim through arbitration, even if the other party has already initiated litigation in court related to the Claim, by: (a) making written demand for arbitration upon the other party, (b) initiating arbitration against the other party, or (c) filing a motion to compel arbitration in court.

If this is a consumer-purpose transaction, the applicable rules will be the AAA’s Consumer Arbitration Rules. The applicable AAA rules and other information about arbitrating a claim under AAA, including how to submit a dispute to arbitration, may be obtained by visiting its website at https://www.adr.org/ or by calling 1-800-778-7879. If AAA will not serve as the administrator of the arbitration, and you and we cannot then agree upon a substitute arbitrator, you and we shall request that a court with proper jurisdiction appoint an arbitrator. However, we will abide by the applicable AAA rules regardless of the forum. Judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. Except as provided in applicable statutes, the arbitrator’s award is not subject to review by the court and it cannot be appealed. The parties will have the option to request and receive a statement of reasons for the arbitration award.

If you elect to file the arbitration, and this is a consumer-purpose transaction, you will pay the filing fee to the extent required by AAA’s Consumer Arbitration Rules but not to exceed the cost of filing a lawsuit. All other arbitration fees and expenses shall be allocated to us according to AAA rules. Except for the arbitration fees and expenses, each party shall pay its own costs and fees incurred (including attorneys’ fees), unless the arbitrator allocates them differently in accordance with applicable law. This paragraph applies only if this is a consumer-purpose transaction.

Notwithstanding anything to the contrary in these Terms, and except as otherwise set forth in this paragraph, the agreement to arbitration may be amended by us only upon advance notice to you. If we make any amendment to this agreement to arbitration (other than renumbering the agreement) in the future, that amendment shall not apply to any claim that was filed in a legal proceeding or action against us prior to the effective date of the amendment. The amendment shall apply to all other Claims governed by this agreement to arbitration that have arisen or may arise between you and us. However, we may amend this agreement to arbitration and not provide you notice; in that case, the amendments will not apply to you, and the agreement to arbitration contained in these Terms to which you agreed will continue to apply to you and us as if no amendments were made.

If any part of this arbitration provision is invalid, all other parts of it remain valid. However, if the class action limitation is invalid, then this arbitration provision is invalid in its entirety, provided that the remaining Terms shall remain in full force and effect. This arbitration provision will survive the termination of your use of the Site, the Services, and any other actions with us.

You may reject this arbitration provision within thirty (30) days of accepting the Terms by emailing us at info@wnins.com and including in the subject line “Rejection of Arbitration Provision.”

Choice of Law and Forum. Use of this Site shall be governed by and construed in accordance with the laws of the State of Minnesota without giving effect to any principles of conflicts of laws. Subject to the dispute resolution procedures set forth above, any dispute concerning this site shall be subject to the exclusive venue of a court of competent jurisdiction in Hennepin County, Minnesota. Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the Services must be filed or otherwise commenced within one (1) year after such claim or cause of action arose.

Miscellaneous Terms. This Agreement constitutes the entire Agreement between you and WN with respect to the specific subject matter addressed herein, and governs your use of the Services, superseding any prior agreements between you and WN relating to such subject matter. The failure of WN to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. Should any provision of these Terms of Service be held invalid, unlawful, or for any reason unenforceable, then the invalid, unlawful, or unenforceable provision shall be severable from the remaining provisions. Such invalid, unlawful, or unenforceable provision shall not affect the validity or enforceability of the remaining provisions.

The Services and this Site are not intended for use by or availability to minors. If you are not legally an adult or if you are under 18 years of age, you may not access this Site or use the Services. If so, please immediately discontinue use of the Services and do not access this Site.