|
n. Any claim or "suit" alleging, based upon, arising out of, or resulting from, directly or indirectly, any
<br />unsolicited electronic faxes, emails, telephone calls or unsolicited communications, including but not
<br />limited to claims arising out of unsolicited electronic messages, chat room postings, bulletin board
<br />postings, newsgroup postings, pop-up or pop -under Internet advertising or fax -blasting, direct mailing or
<br />telemarketing, or claims alleging violations of the Telephone Consumer Protection Act, of 1991, as
<br />amended, the CAN -SPAM Act of 2003, as amended, and any other federal, foreign or state anti -spam
<br />statutes,r or federal, foreign or state statute, law or regulation relating to a person's right to seclusion and
<br />privacy.
<br />o. Any uploading, downloading, piracy or file -sharing of digitized music, photos, movies, software or video
<br />games.
<br />p. Any actual or alleged:
<br />(1) Price fixing, restraint of trade, monopolization, including violations of the Sherman Anti -Trust Act, the
<br />Clayton Act, or any similar provision of any federal, state, or local statutory law or common law
<br />anywhere in the world; or
<br />(2) Unfair trade practices or violation of consumer protection laws; provided, however that this exclusion
<br />does not apply to any otherwise covered claim under Insuring Agreements E or F; or
<br />(3) Violation of the Employee Retirement Income Security Act of 1974, as amended; the Securities Act
<br />of 1933, as amended; the Securities Exchange Act of 1934 as amended; or any state Blue Sky or
<br />securities law or similar state, foreign or federal statute, including any regulation or order issued
<br />pursuant to any of the foregoing statutes.
<br />q. Any actual or alleged infringement, misappropriation or violation of any patent, copyright, trademark,
<br />service mark, trade dress or trade name.
<br />r. Alleging, based upon, arising out of, or resulting from, directly or indirectly, to section 605 (requirements
<br />relating to information contained in consumer reports) or 616 (civil liability for willful noncompliance) of
<br />the Fair Credit Reporting Act, or any other similar federal, state or local laws or regulations, including but
<br />not iimited-to any iavvs or regulations requiring truncation of payrnent card numbers on, or the reniovai of
<br />the expiration date from, payment card receipts.
<br />4. Extended Reporting Periods
<br />a. We will provide one or more Extended Reporting Periods, as described below, and notify you in writing
<br />within thirty days of policy termination, if:
<br />(1) This Coverage Part is canceled or not renewed; or
<br />(2) We renew or replace this endorsement with other insurance that does not apply to monetary
<br />damages on a first discovered and reported basis; or
<br />(3) We renew or replace this endorsement with other insurance containing terms and conditions that are
<br />less favorable for you than those contained in this endorsement.
<br />b. Extended Reporting Periods do not extend the policy period or change the scope of coverage provided.
<br />They only apply to claims arising out of "network security or data breach event" or "privacy event
<br />mitigation expenses" arising out of a "privacy event" that occurred prior to the end of the policy period.
<br />Once in effect, Extended Reporting Periods may not be canceled.
<br />c. (1) A Basic Extended Reporting Period is automatically provided without additional charge. This period
<br />starts with the end of the policy period and lasts for sixty (60) days.
<br />(2) During the Basic Extended Reporting Period you have the right to report claims made against you
<br />arising out of "network security or data breach event" or "privacy event mitigation expenses" arising
<br />out of a "privacy event" that occurred prior to the end of the policy period, or to report any "network
<br />security or data breach event" or "privacy event" that occurred prior to the end of the policy period
<br />which may later result in a claim or "privacy event mitigation expenses".
<br />(3) The Basic Extended Reporting Period does not apply to any claims or "privacy event mitigation
<br />expenses" that are covered under any subsequent insurance you purchase, or that would be
<br />covered but for exhaustion of the amount of insurance applicable to such claims or "privacy event
<br />mitigation expenses".
<br />(4) The Basic Extended Reporting Period does not reinstate or increase the Limits of Insurance.
<br />GL 4000 10 16 McNeil s Co., 2016 Pigeo4 of 9
<br />Includes copyrighted material of Insurance Services Office, Inc. with its permission. 11
<br />
|