Selective

User Agreement

Terms of Use for Selective.com

Selective Insurance Group, Inc. (“Selective”) offers a wide range of content and information about its products, services, operations, and results of operations ("Material") via www.selective.com (“Selective.com”). By using Selective.com, you agree to accept and comply with the following terms, conditions, and disclaimers of use established by Selective (“Terms of Use”):

Product Availability
Material & Trademarks; Reservation of Rights
Third Party Links
Acceptable Use Policy
Disclaimers; No Warranty; Limitation on Liability
Indemnification
Export Restrictions
Modification to Terms of Use
Applicable Law
Limitation on Actions
General

PRODUCT AVAILABILITY

This web site is not an advertisement to sell products in those states in which Selective is not qualified to do business or has not secured the necessary licenses to do business. Not all of Selective’s products are available in all states.

The Selective insurance companies included in this web site are: Selective Insurance Company of America ("America"), Selective Insurance Company of the Southeast ("Southeast"), Selective Way Insurance Company ("Way"), Selective Insurance Company of South Carolina ("SC"), and Selective Insurance Company of New York ("NY"). They are licensed as follows:

State NY America Way Southeast SC

Alabama No Yes No Yes Yes

Arizona Yes No No No No

Colorado Yes No No No No

Connecticut No Yes No Yes Yes

Delaware No Yes Yes Yes Yes

Dist. Col. No Yes Yes Yes No

Florida No No No Yes No

Georgia No Yes Yes Yes Yes

Idaho Yes No No No No

Illinois No Yes No Yes Yes

Indiana No Yes No Yes Yes

Iowa No Yes No Yes Yes

Kentucky No Yes No Yes Yes

Louisiana No No No Yes No

Maine Yes No No No No

Maryland No Yes Yes Yes Yes

Massachusetts Yes Yes No Yes Yes

Michigan Yes Yes Yes Yes Yes

Minnesota No Yes No Yes Yes

Mississippi No Yes No Yes Yes

Missouri No Yes No Yes Yes

New Jersey Yes Yes Yes Yes Yes

New Mexico Yes No No No No

New York Yes Yes Yes Yes Yes

North Carolina No Yes No Yes Yes

Ohio No Yes No Yes Yes

Oklahoma No No No Yes No

Pennsylvania Yes Yes Yes Yes Yes

Rhode Island No Yes No Yes Yes

South Carolina Yes Yes Yes Yes Yes

South Dakota No Yes No Yes Yes

Tennessee No Yes No Yes Yes

Texas No Yes No Yes No

Utah Yes No No No No

Vermont Yes No No No No

Virginia No Yes Yes Yes Yes

West Virginia No Yes No Yes Yes

Wisconsin No Yes No Yes Yes

MATERIAL & TRADEMARKS; RESERVATION OF RIGHTS

Limited Right to Use. Selective owns and operates Selective.com. Unless otherwise specified, all Material on Selective.com is the property of Selective and is protected by the copyright laws of the United States and, throughout the world by the applicable copyright laws and international treaties. You may use, view, print and/or download one copy of the Material from Selective.com on any single computer solely for your personal, informational, and non-commercial use, provided you keep intact all copyright and other proprietary notices. Subject to the foregoing, no Material published on Selective.com may be copied, reproduced, modified, republished, uploaded, posted, transmitted, or distributed, in whole or in part or by any form or means, without prior written permission from Selective. The use of Material on any other web site or networked computer environment or for any other purpose is strictly prohibited and such unauthorized use may violate copyright, trademark, and other similar laws. You agree that Selective may, in its sole discretion, terminate your access to Selective.com at any time without notice for a violation of this paragraph or any other provision contained in these Terms of Use.

Trademarks. The following are trademarks or service marks of Selective, America, Southeast, Way, SC, and NY, Selective’s affiliates or subsidiaries, or third parties who have licensed their trademarks to Selective or one of its affiliates or subsidiaries:

eFreedom (Stylized) SELECTECH (DESIGN)

ELITEPAC SELECTIVE AND DESIGN

ESELECT (STYLIZED) SELECTIVE HR SOLUTIONS

FLOOD (DESIGN) SELECTIVE RISK MANAGERS (DESIGN)

FLOOD ON LINE SELECTPAY (STYLIZED)

FLOODCONNECT.COM SelectPLUS (STYLIZED)

HIGH TECH X HIGH TOUCH = HT2 SEO

INSURANCE SELECTIVE (STYLIZED) SOLUTIONS FOR SUCCESS

LOSS CONTROL SERVICES (DESIGN) THE MORE YOU KNOW, THE

MERCHANTSPRO MORE YOU BENEFIT (STYLIZED)

ONE & DONE (STYLIZED) THE SELECTIVE EDGE

PDA INC. (DESIGN) THE SELECTIVE INSURANCE SUMMIT

All other trademarks, service marks, trade names and logos appearing on this web site are the property of their respective owners.

THIRD PARTY LINKS

Solely as a convenience to you, Selective provides links from Selective.com to other web sites and it is possible for you to link to and access non-Selective web sites while visiting Selective.com. Selective does not control these linked third party sites and is not responsible for the content or accuracy of any linked third party site or any link contained in a linked site. Non-Selective web sites may contain unedited, sexually explicit, violent, racist, or other types of offensive material, as well as information pertaining to non-Selective products and services, and Selective does not endorse any company, content, or products to which Selective.com links. Please refer to the separate terms of use, privacy policies, and other rules posted on these linked sites before you use them. SELECTIVE DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, TO ANY SUCH LINKED SITES, INCLUDING BUT NOT LIMITED TO ANY TERMS AS TO THE ACCURACY, OWNERSHIP, VALIDITY, OR LEGALITY OF ANY CONTENT OF A LINKED SITE.

Selective reserves the right to terminate any link or linking program at any time.

ACCEPTABLE USE POLICY

Access to and Use of Password Protected or Secured Areas. Access to and use of password protected or secured areas of Selective.com is restricted to authorized users only. As a condition of obtaining access to protected or secured areas of Selective.com, you shall provide accurate and current information on all registration forms. Subject to the terms of our Privacy Policy, you are solely responsible for maintaining the confidentiality of any username and password that Selective assigns you to access Selective.com, as well as any activities that occur under your username/password. You shall not misuse or share the username/password that is issued to you by Selective, misrepresent your identity or your affiliation with an entity, impersonate any person or entity, or misstate the origin of any Material you are exposed to through Selective.com. If you are in violation of your obligations under the Terms of Use, you may be subject to prosecution.

As a further condition of obtaining access to protected or secured areas of Selective.com, you shall not post or transmit the following on any web board or web conference within Selective.com:

Any unlawful, threatening, abusive, libelous, defamatory, racial, obscene, vulgar, pornographic, profane, or indecent information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any local, state, national or international law;
Comments containing harassing or offensive language, using sexual references, sexual nicknames, racial slurs or rude or deliberately offensive comments or engage in disruptive activity online, including excessive use of scripts, sound waves, scrolling (repeating the same message over and over), or use viruses, worms or Trojan horses;
Software or other material which violates or infringes the rights of others, including material which is an invasion of privacy or publicity rights or which is protected by copyright, trademark or other proprietary right, or derivative works without first obtaining permission from the owner;
Software or other material which contains a virus, worm, Trojan horse, or other code that has contaminating or destructive properties; or
Any information, software, or other material for commercial purposes.

You are also prohibited from soliciting other users to join or contribute money to any online service or other organization, or advocate or attempt to get users to join in legal or illegal schemes.

The Digital Millennium Copyright Act. Selective reserves the right to terminate your access to Selective.com if it determines, in its sole and absolute discretion, that you are involved in infringing activity, including alleged acts of first-time or repeat infringement, regardless of whether the material or activity is ultimately determined to be infringing. Selective and its service providers accommodate and do not interfere with standard technical measures used by copyright owners to protect materials. Any claim of infringement pursuant to the Digital Millennium Copyright Act should be made to the following designated agent: webmaster@selective.com

Any such claim should be made in writing and include the following information:

A physical or electronic signature of a person authorized to act on behalf of (i) the owner of an exclusive right that is allegedly infringed or (ii) the person defamed.
Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
Identification of the material that is claimed to be infringing, or to be the subject of infringing activity, including information reasonably sufficient to permit us to locate the material.
Information reasonably sufficient to permit us to contact you, such as your address, telephone number, and/or electronic mail address.

A statement of good faith belief that use of the material in the manner complained of is not authorized by the copyright or other proprietary right owner, its agent, or the law.

Monitoring. Although Selective has no obligation to do so, Selective reserves the right at all times to (i) review communications to Selective.com to determine whether they comply with the Terms of Use and applicable laws and regulations; and (ii) disclose any information regarding the web boards or web conferences on Selective.com or to remove any information or materials, in whole or in part, that Selective deems unreasonable in its sole and absolute discretion. Selective will treat any information it collects from you in accordance with its Privacy Policy.

Selective shall not have any liability or responsibility for the content of any communications posted to Selective.com, or for any errors or violations of any laws or regulations. Selective will comply with any court order in disclosing the identity of any person posting communications on this web site, consistent with applicable law and the Selective Privacy Policy.

DISCLAIMERS; NO WARRANTY; LIMITATION ON LIABILITY

No Warranty. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, SELECTIVE.COM AND ALL CONTENT, MATERIALS, INFORMATION, PRODUCTS AND SERVICES PROVIDED VIA SELECTIVE.COM, ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. SELECTIVE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, INTEGRATION, NON-INTERFERENCE WITH ENJOYMENT, AND SECURITY AND ACCURACY, AS WELL AS ALL WARRANTIES ARISING BY USAGE OF TRADE, COURSE OF DEALING, OR COURSE OF PERFORMANCE. SELECTIVE MAKES NO WARRANTY, AND EXPRESSLY DISCLAIMS ANY OBLIGATION, THAT: (i) SELECTIVE.COM WILL MEET YOUR REQUIREMENTS OR WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; (ii) THE MATERIAL WILL BE UP-TO-DATE, COMPLETE, COMPREHENSIVE, ACCURATE OR APPLICABLE TO YOUR CIRCUMSTANCES; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF SELECTIVE.COM OR ANY SERVICES OFFERED THROUGH SELECTIVE.COM WILL BE ACCURATE OR RELIABLE; (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED BY YOU THROUGH SELECTIVE.COM WILL MEET YOUR EXPECTATIONS; OR (v) THAT DEFECTS, IF ANY, WILL BE CORRECTED.

YOU UNDERSTAND AND AGREE THAT ANY CONTENT, MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF SELECTIVE.COM IS USED AT YOUR OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH CONTENT, MATERIAL AND/OR DATA, AS WELL AS ALL DECISIONS MADE BY YOU THAT ARE BASED UPON SUCH DOWNLOADED INFORMATION.

PRICE AND AVAILABILITY INFORMATION IS SUBJECT TO CHANGE WITHOUT NOTICE.

Limitation of Liability. IN NO EVENT SHALL SELECTIVE BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES INCLUDING, WITHOUT LIMITATION, LOSS PROFITS OR REVENUES, COSTS OF REPLACEMENT GOODS, LOSS OR DAMAGE TO DATA ARISING OUT OF THE USE OR INABILITY TO USE SELECTIVE.COM OR ANY SELECTIVE PRODUCTS OR SERVICES, DAMAGES RESULTING FROM USE OF OR RELIANCE ON THE INFORMATION OR MATERIALS PRESENTED ON SELECTIVE.COM, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY, EVEN IF SELECTIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OR EXCLUSIONS OF LIABILITY IN SOME CIRCUMSTANCES. ACCORDINGLY, SOME OF THE FOREGOING LIMITATIONS MAY NOT APPLY TO YOU.

Forward-Looking Statements. Forward-looking statements concerning possible or assumed actions, events, or results of Selective's operations are from time-to-time published or posted on Selective.com. Based on the beliefs and assumptions of Selective's management, these forward-looking statements are subject to risks and uncertainties and are not guarantees of performance. Accordingly, Selective and its management claim safe-harbor for all forward-looking statements under the Private Securities Litigation Reform Act of 1995.

For a listing of risks and uncertainties that could cause Selective's actual results to differ from these forward-looking statements, please see Selective's annual report (Form 10K) and subsequent filings (Form 10Q) filed with the U.S. Securities and Exchange Commission. These filings can be accessed through the Investor Relations page of Selective.com. They also may be accessed through the EDGAR Database section of the U.S. Securities and Exchange Commission website, www.sec.gov. Selective's EDGAR Central Index Key Number is 0000230557. Selective undertakes no obligation to correct or update any forward-looking statements on Selective.com.

INDEMNIFICATION

You agree to indemnify, defend and hold harmless Selective, its affiliates, directors, officers, content providers, subsidiaries, employees and agents, from any claim, demand, liability, dispute, damage, cost, expense, or loss, including reasonable attorneys' fees and costs of litigation, arising out of, or in any way connected with your use of or access to Selective.com, your use of the Material, your linking to or from Selective.com, or your violation of these Terms of Use. This obligation will survive your use of Selective.com.

EXPORT RESTRICTIONS

You hereby represent and warrant to Selective that you shall comply with all export laws and restrictions and regulations of the United States Department of Commerce and all other United States or sovereign agency or authority, and that you shall not export, or allow the export or re-export of any Materials or other content provided via Selective.com in violation of any such restrictions, laws or regulations, unless and until all required licenses and authorizations are obtained as specified in the applicable U.S. Export Administration Regulations (or any successor supplement or regulations). The foregoing notwithstanding, under no circumstances may you allow the Materials and/or the underlying information to be downloaded or otherwise exported or re-exported (i) to any country subject to U.S. trade sanctions covering the Materials, to individuals or entities controlled by such prohibited countries, or to nationals or residents of such countries other than nationals who are lawfully admitted permanent residents of countries not subject to such sanctions; or (ii) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals and Blocked Persons, or the U.S. Commerce Department’s Table of Denial Orders.

MODIFICATION TO TERMS OF USE

Selective reserves the right to make changes to Selective.com and our Terms of Use. Your continued use of Selective.com shall be deemed to be acceptance of the Terms of Use and the terms of our Privacy Policy, the terms of which are hereby incorporated by reference. If you object to any provision of these Terms of Use or any subsequent modifications to these Terms of Use, or become dissatisfied with Selective.com in any way, your only recourse is to immediately terminate use of Selective.com.

APPLICABLE LAW

All matters relating to your access and use of this Selective.com shall be governed by the federal laws of the United States and the laws of the State of New Jersey, without giving effect to its conflict of law provisions. Exclusive jurisdiction and venue of any actions arising out of, or relating to or in any way connected with your access and/or use of Selective.com shall be in Sussex County, New Jersey, if in state court, or in the Northern District of New Jersey, if in Federal Court. The United Nations Convention on Contracts for the International Sale of Goods shall not apply to these Terms of Use. In the event of any conflict between foreign laws, rules and regulations and those of the United States, the laws, rules and regulations of the United States will govern.

LIMITATION ON ACTIONS

You agree that any claim or cause of action arising out of your use of Selective.com or these Terms of Use must be filed within one year after such claim or cause of action arose or it shall forever be barred, notwithstanding any statute of limitations or other law to the contrary. Within this period, any failure by Selective to enforce or exercise any provision of these Terms of Use or related right shall not constitute a waiver of that right or provision.

GENERAL

If any provision of these Terms of Use is found by a court or arbitrator to be invalid, the parties agree that the court or arbitrator should give effect to the parties' intentions as reflected in the provision, and the other provisions of these Terms of Use will remain in effect. Selective’s failure to act with respect to a breach by any person using Selective.com does not constitute a waiver of its right to act with respect to subsequent or similar breaches. Selective may assign its rights and duties under these Terms of Use without such assignment being considered a change to these Terms of Use and without notice to you. You may not assign this Agreement without the prior written consent of Selective. These Terms of Use, the Privacy Policy, any operating rules, policies, or procedures that may be posted from time to time by Selective on Selective.com, and any modifications to the foregoing, constitute the entire agreement between the parties with regard to the subject matter in these Terms of Use and supersede all prior understandings and agreements, whether written or oral, as to such subject matter. Nothing contained in these Terms of Use will be deemed to constitute either party as the agent or representative of the other party, or both parties as joint venturers or partners for any purpose.