Orange County NC Website
Browse       Search
<br />EPS++ <br />tech + pro + media + security + privacy <br /> <br />GSL2302XX (Ed 6/11) <br />Page 16 <br />Copyright © 2011 CNA. All Rights Reserved. <br />based upon or arising out of any actual or alleged: <br />1. unfair competition, dilution, deceptive trade practices, civil actions for consumer fraud or false or deceptive <br />advertising or misrepresentation in advertising; <br />2. charges of price fixing, monopolization or restraint of trade; <br />3. violation of: <br />a. the Federal Trade Commission Act; <br />b. the Sherman Act, the Clayton Act, or any federal statutory provision regarding anti-trust, monopoly, price <br />fixing, price discrimination, predatory pricing or restraint of trade; <br />c. the Racketeer Influenced and Corrupt Organizations Act; <br />d. any rules or regulations promulgated under or in connection with the above statutes, or any similar <br />provision of any federal, state, foreign or other law (including common law) or statute, <br />except that paragraph 1. does not apply to any Claim under Insuring Agreement A.2. Media Liability and <br />paragraphs 1. and 3.a. do not apply to any Claim under Insuring Agreement A.5. Privacy Regulation <br />Proceeding; <br />R. Unsolicited Communication <br />based upon or arising out of: <br />1. any actual or alleged violation of any federal or state anti-spam statute or regulation, including the CAN- <br />SPAM Act of 2003; or <br />2. any actual or alleged violation of any federal or state statute or regulation prohibiting the dissemination of <br />unsolicited communications, including any violation of the Telephone Consumer Protection Act of 2001. <br />IV. FIRST PARTY EXCLUSIONS <br />This Policy does not apply to any First Party Loss, regardless of any other cause or event that contributes <br />concurrently or in any sequence to the First Party Loss, caused by or resulting from: <br />A. DEFECTS IN DATA AND SOFTWARE AND NETWORK <br />any defect of design, implementation, operation, incompatibility or any other fault of data and software or the <br />Insured Entity’s Network, or any part thereof where such defect or fault is introduced by the Insured Entity’s: <br />1. use of a third party product, including but not limited to software and equipment, in a manner inconsistent with <br />the manufacturer’s intended use; <br />2. modification of a third party product or integration of components in violation of the manufacturer’s warranty or <br />other license terms; <br />DocuSign Envelope ID: 57A293A7-E790-41D7-BF18-E42777ABBC47