FREIGHTCOM INSURANCE TERMS AND CONDITIONS

1. ACCEPTANCE OF THE INSURANCE TERMS  

a) These terms and conditions, together with any documents and/or additional terms they expressly incorporate by reference (collectively, these "Insurance Terms") govern your access to, and use of, Freightcom Inc.’s ("Company," "we," "us," "our") insurance program (“Freightcom Insurance”).The Insurance Terms constitutes a legal agreement entered into by you, the purchaser of Freightcom Insurance (“you”) and the Company.

b) BY USING PURCHASING FREIGHTCOM INSURANCE, YOU ACCEPT AND AGREE TO BE BOUND AND COMPLY WITH THESE INSURANCE TERMS.IF YOU DO NOT AGREE TO THESE INSURANCE TERMS, YOU MUST NOT PURCHASE FREIGHTCOM INSURANCE.

c) By purchasing Freightcom Insurance, you represent and warrant that you are the legal age of majority under applicable law to form a binding contract with the Company and meet all of the foregoing eligibility requirements.If you do not meet all of these requirements, you must not purchase Freightcom Insurance.

2. MODIFICATIONS TO THE INSURANCE TERMS  

a) We reserve the right in our sole discretion to revise and update these Insurance Terms from time to time.Any and all such modifications are effective immediately upon posting and apply to all access to and continued use of Freightcom Insurance.You agree to periodically review the Insurance Terms in order to be aware of any such modifications. 

b) The information and material about Freightcom Insurance on the Website may be changed, withdrawn, or terminated at any time in our sole discretion without notice. 

3. APPLICATION OF THE INSURANCE TERMS

These Insurance Terms only apply to Freightcom Insurance purchased on or after January 9, 2023.For terms and conditions applying to Freightcom Insurance purchased prior to January 9, 2023, please click here

4. DEFINITIONS

The following terms have specific meanings and appear in bold face type throughout these Insurance Terms:

a) “Antiques” means Insured Goods that include artwork, collectibles and old and authentic objects of personal property which were made, fabricated or manufactured a significant period of time before the present, and which have a unique appeal and enhanced value mainly because of its age.

b) “Broker” means the insurance broker of theInsurance Policyprovided to the Company by the Insurance Company.

c) “Carrier” means a person or entity who performs, through its affiliates, agents, employees and/or contractors, the whole or any part of, the physical carriage and transport of, LTL Shipments or Courier Shipments by water, land or air, and who lists such Quotes and markets such services through the Company on the Website.

d) “Claims Payout” means any and all eligible proceeds or any compensation or similar payment to be paid out to you from time to time pursuant to these Insurance Terms as a result of any missing Shipment, or any damage to, or destruction of, in whole or in part, any Shipment for which you have purchased Freightcom Insurance

e) “Chosen Currency” means the currency that you chose on the Website (either USD or CAD) at the time of purchase of Freightcom Insurance.

f) “Consignee” means the person to whom the Insured Goods are required to be delivered as specified in the shipping label or bill of lading. 

g) “Courier Shipment” means a Shipment for which one or more shipping label(s) were automatically generated on the Company’s software platforms that you purchased directly from the Company for a delivery that is to be shipped by a courier as a parcel, PAK, or envelope.

h) “Company” means Freightcom Inc.

i) “Destination” means the address of the Consignee or final warehouse or other place of storage at the destination named in the shipping label or bill of lading.

j) “Discharge Overside” means the operation of unloading/ loading of Insured Goods into a vessel without passing through the quay at the time of discharge or the shipment operation;

k) “Electronics” means products that are dependent on electricity in order to function, including but not limited to: TVs, audio/visual equipment, laptops, mobile phones and tablets, notebooks and gaming systems, but excluding lights, lighting equipment, copiers and printers and printer accessories.

l) “Furniture” means Insured Goods that are furniture, signs, lights, lighting equipment, copiers and printers and printer accessories.

m) “Freightcom Insurance” means the program whereby the Company acts as a facilitator ofthe Insurance Policy between you, the Broker, and the Insurance Company

n) “General Merchandise” means new, used or refurbished Good(s) that are not classified as Electronics, Furniture or Antiques.

o) “Inputs” means the information you entered into the Website in order to purchase Freightcom Insurance, including but not limited to, the name of the Carrier, the weight of a package, the dimensions of a package, the declared value of the package (with documentary evidence showing the proof of cost), the classification of a package, accessorial services, its pickup address, its delivery address, and its classification. 

p) “Insurance Company” means Liberty Mutual Insurance Company.

q) “Insurance Policy” means the declared value Marine Cargo Policy provided by the Insurance Company through the Broker to the Company.

r) “Insured Goods” means the merchandise that you have chosen to insure with Freightcom Insurance to be transported as part of an LTL Shipment or a Courier Shipment;

s) “LTL Shipment” means a Shipment for which one or more shipping label(s) were automatically generated on the Company’s software platforms that you purchased directly from the Company for a delivery that is to be shipped by a less-than-truckload service.

t) “Other Merchandise” means Electronics or Antiques.

u) “Pickup Location” means the warehouse or place of storage at the place named on the shipping label or bill of lading for the commencement of the transit.

v) “POD” or “proof of delivery” means confirmation that a shipment has reached its Delivery Location, as well as the time on which the delivery was made, and if requested by the Customer, an electronic signature from the recipient of the shipment, or a photo of the completed delivery if nobody is physically present to collect the shipment.

w) “Quote” means the written estimate for the price of Freightcom Insurance on a Shipment displayed on the Website, based upon the Inputs and/or other information you enter or selected on the Websitesubject to the agreement between the Company and the Broker.

x) “Shipments” means Courier Shipments and/or LTL Shipments.

y) “Total Insured Value” means the sum of the following:

1) The cost to purchase such Insured Good as displayed on the proof of cost documentation (the “PurchaseCost”);

2) The cost of Freightcom Insurance on the Insured Goods( the “Freightcom Insurance Cost”);

3) The cost of shipping such Insured Good(s) (the “ShippingCost”); and

4) An amount equal to ten per cent (10%) of the sum of: (i) the Purchase Cost, (ii) the Freightcom Insurance Cost, and (iii) the Shipping Cost;

However, the Total Insured Value shall exclude duties, taxes or import fees,anyExtra Charges (as defined in the Company’s Terms of Service),or any other charges not agreed to by the Insurer prior to the delivery of the Shipment to the Destination.

z) “Website” means the website following websites:

i) http://www.freightcom.comhttps://app.freightcom.com/, and its subdomains, or 

ii) http://www.clickship.comhttps://app.clickship.com/, and its subdomains, or 

iii) such other URL as the Company may notify you about from time to time;

5. GENERAL TERMS

a) Subject to the Exclusions listed in sections 7, 9, 10, 11, and 12, and your strict adherence to these Insurance Terms, Freightcom Insurance covers all Insured Goods against risks of physical loss or damage from any external cause while in transit.

b) You acknowledge that the insurance coverage for your Insured Goods is provided by Liberty Mutual Insurance Company.

c) You acknowledge that in the event you have a direct relationship with a Carrier and you do not purchase shipping labels from the Company directly, then you cannot purchase Freightcom Insurance.

6. INSURANCE COVERAGE

a) <$2,500 General Merchandise. A Claims Payout on any single Shipment classified as General Merchandise with aTotal Insured Value less than or equal to Two Thousand Five Hundred Dollars ($2,500.00) of the Chosen Currency is not subject to any deductible.

b) >$2,500 General Merchandise. A Claims Payout on any single Shipment classified as General Merchandise with a Total Insured Value greater than Two Thousand Five Hundred Dollars ($2,500.00) of the Chosen Currency issubject to a per-claim deductible equal to the greater of: (i)one per cent (1%) of the Total Insured Value, or (ii) Sixty-Five Dollars ($65.00) of the Chosen Currency.

c) <$2,500 Other Merchandise. A Claims Payout on any single Shipment classified as Other Merchandise with a Total Insured Value less than or equal to Two Thousand Five Hundred Dollars ($2,500.00) of the Chosen Currency is not subject to any deductible.

d) >$2,500 Other Merchandise. A Claims Payout on any single Shipment classified as Other Merchandise with a Total Insured Value greater than Two Thousand Five Hundred Dollars ($2,500.00) of the Chosen Currency is subject to a per-claim deductible equal to the greater of: (i)three per cent (3%) of the Total Insured Value, or (ii) Eighty-Five Dollars ($85.00) of the Chosen Currency.

e) <$1,500 Furniture. A Claims Payout on any single Shipment classified as Furniture with a Total Insured Value less than or equal to One Thousand Five Hundred Dollars ($1,500.00) of the Chosen Currency is not subject to any deductible.

f) >$1,500 Furniture. A Claims Payout on any single Shipment classified as Furniture with a Total Insured Value greater than One Thousand Five Hundred Dollars ($1,500.00) of the Chosen Currency is subject to a per-claim deductible equal to the greater of: (i) three per cent (3%) of the Total Insured Value, or (ii) Ninety-Five Dollars ($95.00) of the Chosen Currency.

g) Per Claim Limit. Freightcom Insurance covers up to a prescribed amount (as indicated on the Website) per conveyance (regardless of how many packages are in one conveyance) or location.This limit applies separately to any one conveyance or at any place at any time.

h) Term of Coverage. These Insurance Terms attach from the time the Insured Goods leave the Pickup Location, and continues during the ordinary course of transit and terminates upon the earlier of the following: (i) delivery of the Insured Goods to Destination, (ii) delivery of the Insured Goods to any other warehouse or place of storage which you elect to place the Insured Goods for storage other than in the ordinary course of transit or for allocation or distribution, or (iii) on the expiry of 60 days after completion of Discharge Overside of the Insured Goods from the oversea vessel at the final port of discharge (as long as goods are not the transported to a destination other than that described in (i) or (ii) of this subsection.

7. EXCLUSIONS – SPECIFIC TO EACH CATEGORY

a) For Good(s) that are classified as General Merchandise, Electronics or Furniture the following exclusions shall apply:

i) Freightcom Insurance shall not cover damage to used or refurbished General Merchandise, used Electronics or any Furniture that experience the following types of damage: rust, oxidization, discolouration, scratching, denting, marring, chipping, mechanical or electrical derangement.

ii) In the event of claim for loss or damage to any part of General Merchandise Insured Goods, Electronics or Furniture, the amount recoverable hereunder shall not exceed such proportion of the cost of replacement of the parts lost or damaged as the Total Insured Value bears of the value of new machinery plus additional charges for forwarding and refitting the new part or parts if incurred. 

b) For Good(s) that are classified as Antiques:

i) You warrant that you shall not purchase Freightcom Insurance on Antiques without prior approval from an authorized Company representative. 

ii) You warrant that the Antiques which are to be covered by Freightcom Insurance are professionally packed prior to transit.

iii) Upon filing a claim for a damaged or missing Antique, proof of value must be delivered to the Company as either a commercial invoice or as an independent third party appraisal.

iv) Freightcom Insurance shall not cover loss or damage on Antiques due to temperature variation.

v) Freightcom Insurance shall only cover reasonable cost of repairs of Antiques and in no circumstances shall it cover depreciation or loss in value of Antiques in addition thereto.

8. EXCLUSIONS – PRODUCT CATEGORIES

a) Prohibited Items. Freightcom Insurance will not extend to Shipments that contain items that are prohibited by the Carriers pursuant to their terms and conditions.

b) Excluded Commodities. Freightcom Insurance does not provide coverage for the following commodities including but not limited to live plants or animals (including reptiles, snakes, birds, insects, etc.), bullion, currency, money, securities, accounts, bills, deeds, evidence of debt, notes, stamps, gift/phone cards/tickets (such as movie, concert, athletic event, etc.), documents, precious metals (gold, silver, etc. in forms of ingots, bullion, coins, etc.), human remains (including ashes), medical samples and/or biological products/diagnostic specimens, blood, blood products, plasma, embryos, human or animal specimens or tissues, urine, bodily fluids, counterfeit, illegal or pirated goods or material, industrial diamonds/carbons/ gems, gemstones, any item(s) the carriage of which is excluded by any law, regulation or statute of any federal, state or local government to or through which the shipment may be carried., perishable/temperature controls insured goods/foods/beverages, non-perishable foods/commodities/beverages including alcohol/spirits/wine, wood & paper product, metals (i.e. steel, etc.), tobacco, pharmaceuticals, personal effects/household insured goods incl. automobile.

c) Custom Quote Products. The Company shall only extend Freightcom Insurance for the following categories of Insured Goods if you contact an authorized representative of the Company in advance to request a custom quote for coverage:

i) furs/skins and taxidermy;

ii) radioactive / hazardous / restricted or controlled items;

iii) vehicles/automobiles such as cars, vans, pickup (new/used);

iv) boats, atvs, motorcycles, etc.(new/used);

v) ammunition, explosives, arms and military equipment; and

vi) machinery & heavy/industrial/construction equipment.

9. EXCLUSIONS – INCORRECT INPUTS  

a) The Company may turn down, or refuse to pay out the entirety of, your claim if the loss, damage, shortage, or non-arrival of any Shipment and its contents:

i) which is addressed incorrectly or packed insufficiently to withstand the normal rigors of transit;

ii) when it is obtained by trick, false pretense, or other fraudulent schemes;

iii) If such a Shipment or its contents have incorrect details, such as an inaccurate estimate on the Total Insured Value of the Insured Goods, or if you fail to provide proof of cost; and

iv) If the Shipment was delivered to the wrong address due to an error in your entering the wrong address into the system.

10. EXCLUSIONS – CONDITIONS IN TRANSIT

a) In no case shall Freightcom Insurance cover the following:

i) loss, damage, or expense attributable to your wilful misconduct;

ii) ordinary leakage, ordinary loss in weight or volume, or ordinary wear and tear of the subject-matter insured;

iii) loss, damage, or expense caused by improper packaging that is not in adherence with the terms and conditions of the applicable Carrier;

iv) loss, damage, or expense caused by inherent vice or nature of the Insured Goods;

v) loss, damage, or expense proximately caused by delay, even though the delay be caused by a risk insured against;

vi) loss, damage, shortage arising out of loss of market, delay, loss of use, clean-up costs, decay, inherent vice, or other deterioration, any remote or consequential loss, whether or not arising out of a peril insured against or changes in temperature or humidity.

vii) loss, damage, or expense arising from insolvency or financial default of the owners managers charterers or operators of the vessel;

viii) loss, damage, or expense arising from the use of any weapon of war employing atomic or nuclear fission and/or fusion or other like reaction or radioactive force or matter;

ix) unseaworthiness of vessel or craft containing the Insured Goods, 

x) unfitness of vessel craft conveyance container or liftvan for the safe carriage of the Insured Goods.

xi) war civil war revolution rebellion insurrection, or civil strife arising therefrom, or any hostile act by or against a belligerent power;

xii) capture seizure arrest restraint or detainment (piracy excepted), and the consequences thereof or any attempt thereat;

xiii) derelict mines torpedoes bombs or other derelict weapons of war; 

xiv) caused by strikers, locked-out workmen, or persons taking part in labour disturbances, riots or civil commotions 

xv) resulting from strikes, lock-outs, labour disturbances, riots or civil commotions; or

xvi) caused by any terrorist or any person acting from a political motive. 

b) Excluded Damage. Freightcom Insurance does not provide coverage for Insured Goods that experience the following damage during transit: Scratching, chipping, denting and marring unless caused by an Insured Peril; Mechanical and/or electrical derangement; Pre-existing damage; Rust, oxidation or discoloration; Delay, loss of market, loss of use, unexplained loss, mysterious disappearance or any consequential loss; Neglect of the Insured to use all reasonable means to save and preserve the insured property at and after any disaster insured against, or when the insured property is endangered by fire in neighbouring premises; Loss due to rodents, insects or vermin; Theft by any person or persons in the Insured's service or employment, whether the theft occurred during the hours of such service or employment or not; Nuclear reaction or nuclear radiation or radioactive contamination, all whether controlled or uncontrolled, and whether loss be direct or indirect, proximate or remote, or be in whole or in part caused by, contributed to, or aggravated by the perils insured against in this policy; however, subject to the foregoing and all provisions of this policy, direct loss by fire resulting from nuclear reaction or nuclear radiation or radioactive contamination is insured against by this policy.

11. EXCLUSIONS - GEOGRAPHY

a) Freightcom Insurance shall not cover Insured Goods which are sent to or from the following countries, including but not limited to: Afghanistan, Balkans Former Yugoslavia, Belarus, Crimea, Cuba, DR Congo, Eritrea, Guinea-Bissau, Iran, Iraq, Lebanon, Libya, Liberia, Myanmar (Burma), North Korea, Russia, Sevastopol, Sierra Leone, Somalia, South Sudan, Sudan, Syria, Tunisia, Ukraine, Venezuela, Yemen or Zimbabwe, and other countries subject to restrictive legislation such as embargoes or sanctions or insurance laws.The Company reserves the right to modify this list from time to time.Certain countries may be excluded outright or subject to additional premium for the increased risk of war and civil commotions.

b) Freightcom Insurance on any and all Shipments to South America may have special restrictions and purchase of Freightcom Insurance on such shipments may require prior verification or approval from an authorized Freightcom representative.

c) The Company shall not be liable to pay any claim or provide any benefit hereunder to the extent that the provision of such cover, payment of such claim or provision of such benefit would expose the Company or the Insurance Company to any sanction, prohibition or restriction under United Nations resolutions or the trade or economic sanctions of Canada, the United States of America, the European Union and United Kingdom.

12. EXCLUSIONS – VALUE OF GOODS

a) The final amount of any amounts payable to you upon any successful claims for missing or damaged Insured Goods pursuant to these Insurance Terms is limited specifically to the amount of Total Insured Value you declared upon purchase of Freightcom Insurance for a Shipment.You hereby waive any and all amounts of your claim in excess of the Total Insured Value.

b) Claims for repairs shall be payable for the fair market costs of such repairs.

13. CLAIMS PROCEDURE

a) Deadlines. The Company requires you to adhere to the following timelines in order to process claims:

i) All claims for concealed damage and/or missing items within a Shipment must be reported to Freightcom within 24 hours of time of actual or scheduled delivery to the Destination.Make sure to note such missing or damaged items on the delivery receipt when any loss or damage is apparent at the time of delivery.Please note if this is not reported in the required time frame, your claim may be denied. 

ii) All Documentation listed in Section 13.e) for damaged Shipment claims must be sent in to the Company within thirty (30) days of the time of delivery to the Destination. 

iii) All Documentation listed in Section 13.e) for missing item or missing Shipment claims must be delivered to the Company within thirty (30) days of the earlier of (A) your discovery of the missing item within your delivered Shipment or the missing Shipment, or (B) the date upon which the delivery of the Shipment was scheduled.

iv) Please note if this is not reported within this time frame, acceptance of your claim will remain at the discretion of the Company.

b) Keep Original Packaging. All packaging material and damaged goods must be kept in the original form as received.Packaging and damaged goods should not be disposed of or released to the Carrier before a claim is completed as photographs will be required, as the Carrier may complete any necessary inspection and/or salvage.Failure to comply may result in the denial of your claim.

c) Check for Concealed Damage. You must report all concealed damage and/or missing items within a Shipment to Freightcom within twenty four (24) hours of time of delivery to the Destination.Make sure to note such missing or damaged items on the delivery receipt when any loss or damage is apparent at the time of delivery.Please note if this is not reported in the required time frame, your claim may be denied.Discovery of loss or damage occurring more than 24 hours after delivery to the Delivery Location is deemed to have occurred after the shipment was over and NOT in transit, and therefore, is not covered by Freightcom Insurance.

d) Start an Investigation (for Missing Items Claims Only). In case of missing or lost items in a Shipment, you must complete an investigation with customer service by submitting information to customercare@freightcom.com before filing a claim according to the procedure below in section 13.e).

e) File a Claim.In case of loss or damage to the Shipment for which you have purchased Freightcom Insurance, you must upload to email to the Company the following documents (“Documentation”) within thirty (30) calendar days from the date of shipment (with the exception of documents that have not arrived back from the Carrier):

i) bill of lading for LTL Shipments, or the shipping label for Courier Shipments;

ii) list of items shipped;

iii) if the Insured Goods are new, please provide a copy of the invoice for the Insured Goods, or if the Insured Goods are not the subject of a commercial sale, then evidence of value;

iv) proof of delivery or confirmation of non-delivery from the Carrier;

v) description of damage; 

vi) photos of damage;

vii) customs documents for cross-border / international packages;

viii) for a Shipment classified as Furniture with a Total Insured Value of over One Thousand Five Hundred Dollars ($1,500.00) in the Chosen Currency, a statement of (non) repairability from the manufacturer, supplier or a repair company stating whether or not the goods can be repaired.If they can be repaired, please include a repair estimate.If the goods cannot be repaired, please include a brief statement of the reasons for non-repairability.

ix) for a Shipment classified as General Merchandise or Other Merchandise with a Total Insured Value of over Two Thousand Five Hundred Dollars ($2,500.00) in the Chosen Currency, a statement of (non) repairability from the manufacturer, supplier or a repair company stating whether or not the goods can be repaired.If they can be repaired, please include a repair estimate.If the goods cannot be repaired, please include a brief statement of the reasons for non-repairability.

f) Payment of Claim.Once a claim has been accepted and approved by the Company, payment will be made to you after completion and acceptance of the proof of loss, unless otherwise indicated by an authorized representative of the Company.

g) Repair or Replacement. The Company, instead of making payment of the Claim, may repair, rebuild, or replace the property damaged or lost,   giving written notice of its intention so to do within thirty (30) days after receipt of the proof of loss.Any damage to Shipments that was not repaired, and that you have submitted a Claim for, must be made available for inspection by the Company or its representatives, if requested, and should not be delivered or relocated to another location.

h) Failure to complete any of the steps in this section 13 and follow all Company instructions could lead to non-settlement of claim.

14. MISCELLANEOUS

a) Indemnification. You agree to indemnify and hold harmless the Company from any loss, liability, damage or costs, including court costs and legal fees that they may incur due to misreading, misunderstanding, and not following the coverage requirements provided by these Insurance Terms.

b) Paramountcy

i) In the event of any inconsistency between the provisions of the English version of these Insurance Terms and the provisions of the French version of these Insurance Terms, the English version of these Insurance Terms shall govern.

ii) In the event of any inconsistency between the provisions of the English version of these Insurance Terms and the provisions of the terms and conditions of the Broker or the terms and conditions of the Insurance Company arising from, related to, or in connection with your claim(s), your Shipments or your Insured Goods, the provisions of the terms and conditions of the Insurance Company shall prevail.Eligibility for all claims shall be subject to the terms and conditions of the Insurance Company.

c) Duty to Mitigate. You agree that your employees, contractors, agents and assigned, shall take such measures as may be reasonable for the purpose of averting or minimising such loss respect of loss recoverable on your Insured Goods.

d) Notices. All notices, requests, consents, claims, demands, waivers, and other communications hereunder (each, a "Notice") must be in writing and addressed to the Company at 1-77 Pillsworth Rd. Bolton, ON L7E 4G4, or legal@freightcom.com (or to such other address that may be designated by the Company from time to time in accordance with this Section), or the address and contact information you have entered into your account on the Website.All Notices must be delivered by email address or certified or registered mail (in each case, return receipt requested, postage pre-paid).Except as otherwise provided in these Insurance Terms, a Notice is effective only: (i) upon receipt by the receiving party, and (ii) if the party giving the Notice has complied with the requirements of this Section.

e) Amendments and Modifications.No amendment to or modification of these Insurance Terms is effective unless it is in writing and signed by an authorized representative of each party.

f) Waiver. No waiver by any party of any of the provisions hereof will be effective unless explicitly set forth in writing and signed by the party so waiving.Except as otherwise set forth in these Insurance Terms, no failure to exercise, or delay in exercising, any rights, remedy, power, or privilege arising from these Insurance Terms will operate or be construed as a waiver thereof; nor will any single or partial exercise of any right, remedy, power, or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power, or privilege.

g) Severability. If any provision of these Insurance Terms is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability will not affect any other term or provision of these Insurance Terms or invalidate or render unenforceable such term or provision in any other jurisdiction. 

h) Governing Law. These Insurance Terms and all matters arising out of or relating to these Insurance Terms are governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein without giving effect to any choice or conflict of law provision or rule (whether of the Province of Ontario or any other jurisdiction).

i) Choice of Forum. Any legal suit, action, litigation or proceeding of any kind whatsoever in any way arising out of, from or relating to these Insurance Terms, and, the services provided hereunder, and all contemplated transactions, shall be instituted in the courts of the Province of Ontario and each party irrevocably submits to the exclusive jurisdiction of such courts in any such suit, action, litigation or proceeding.Service of process, summons, notice or other document by mail to such party's address set forth herein shall be effective service of process for any suit, action, litigation or other proceeding brought in any such court.You agree that a final judgment in any such suit, action, litigation or proceeding is conclusive and may be enforced in other jurisdictions by suit on the judgment or in any other manner provided by law.You irrevocably and unconditionally waive any objection to the venue of any action or proceeding in such courts and irrevocably waive and agree not to plead or claim in any such court that any such action or proceeding brought in any such court has been brought in an inconvenient forum.

j) Assignment. You may not assign or transfer any of your rights or delegate any of your obligations under these Insurance Terms, in each case whether voluntarily, involuntarily, by operation of law or otherwise, without the prior written consent of the Company.Any purported assignment, transfer, or delegation in violation of this Section is null and void.No assignment, transfer, or delegation will relieve the assigning or delegating party of any of its obligations hereunder.These Insurance Terms are binding upon and inures to the benefit of the Parties hereto and their respective permitted successors and assigns.

 

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