ACCEPTANCE OF TERMS
This Web Site is owned and maintained by Berkley Technology Underwriters (the “Company”, “we”, “us” or “our”), a member of the W. R. Berkley Corporation group of affiliated companies (collectively, the “Berkley Group”).
This Web Site provides users with access to an online collection of information and materials. These materials may include information related to certain insurance products and services, including applications and policy forms (“Products and Services”) offered by providers of insurance and insurance-related services operating within the Berkley Group. This Web Site also contains text, pictures, graphics, logos, button items, images, works of authorship, and other information (collectively, “Content”), and may provide access to certain proprietary software used in connection with navigating and utilizing the functionality offered through this Web Site (“Software”).
The information contained on this Web Site is not for use within any country or jurisdiction or by any persons where such use would constitute a violation of law. If this applies to you, you are not authorized to access or use any of the information on this Web Site.
ACCESS AND CONTENT
Limited License and Site Access – The Company hereby grants you a limited license to access and make personal use of this Web Site but not to download (other than page caching) or modify it, or any portion of it, except with the express written consent of the Company. This license does not include any resale or commercial use of this Web Site or its contents; any collection or use of any product listings, descriptions, or prices; any derivative use of this Web Site or its contents; or any use of data mining, robots, or similar data gathering and extraction tools with respect to any portion of this Web Site. This Web Site or any portion of this Web Site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without the express written consent of the Company. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of the Company or its affiliates without their express written consent. You may not use any meta-tags or any other “hidden text” utilizing any of the Berkley Group name(s) or service marks without the express written consent of their owners. Any unauthorized use terminates any permission or license expressly granted by the Company.
Due to various insurance and other regulatory restrictions, certain Products and Services described on this Web Site are not available to all users. Also, Products and Services may vary by jurisdiction and may not be available in or suitable for all jurisdictions. EXCEPT AS EXPRESSLY STATED HEREIN, THE INFORMATION CONTAINED ON THIS WEB SITE IS NOT AN OFFER TO SELL OR A SOLICITATION TO BUY ANY SECURITY, INSURANCE PRODUCT, OR OTHER PRODUCT OR SERVICE BY THE BERKLEY GROUP. No security, insurance product or other product or service is offered or will be sold by any member of the Berkley Group or, if sold by any member of the Berkley Group, will be effective in any jurisdiction in which such offer or solicitation, purchase or sale would be unlawful under the securities, insurance or other laws of such jurisdiction.
Please contact a designated representative of the Company or your broker to find out which Products and Services are available to you in your jurisdiction.
This Web Site may provide certain summary descriptions or other helpful information regarding Products and Services. The Company attempts to be as accurate as possible; however, any such materials are intended to generally describe the Products and Services and are subject in all respects to the specific terms and conditions of the actual policy or product/service agreement to which they refer. Complete policy terms are available upon request.
Safe Harbor Statement – This Web Site may from time to time contain forward-looking statements within the meaning of The Private Securities Litigation Reform Act of 1995 (U.S.). That Act provides a statutory “safe harbor” for forward-looking statements. Any written or oral statements made by or on behalf of W. R. Berkley Corporation or any of its subsidiaries or operating divisions reflect current views with respect to future events and financial performance. These forward-looking statements are subject to uncertainties and inherent risks that could cause actual results to differ materially from those contained in any forward-looking statement.
Please refer to W. R. Berkley Corporation’s filings with the Securities and Exchange Commission, including the most recent Forms 10-K and 10-Q, and any Forms 8-K since the most recent Form 10-K, for further information on such uncertainties and inherent risks and the “safe harbor” under the Private Securities Litigation Reform Act of 1995.
OWNERSHIP & RESTRICTIONS
Copyright – Except as otherwise expressly stated, all Content and Software appearing on this Web Site are the copyrighted work of the Company or its affiliates or third party content suppliers and are protected by U.S. and international copyright laws. The compilation (meaning the collection, arrangement and assembly) of all Content and Software is also the exclusive property of the Company or its affiliates and is protected by U.S. and international copyright laws.
You may download information from this Web Site and print out a hard copy for your personal use provided that you keep intact and do not remove or alter any copyright or other notice contained in the information. Except as otherwise expressly stated herein, you may not alter, modify, copy, distribute (for compensation or otherwise), transmit, display, perform, reproduce, reuse, post, publish, license, frame, download, store for subsequent use, create derivative works from, transfer, or sell any Content obtained from this Web Site, in whole or in part, including any text, images, audio, and video in any manner, without the prior written authorization of the Company or any applicable third party content suppliers. Any unauthorized use of text or images may violate copyright laws, trademark laws, the laws of privacy and publicity, and other applicable laws and regulations. Neither the Company nor its affiliates warrant or represent that your use of Content, Services, Software or any other materials displayed on this Web Site will not infringe rights of third parties.
Trademarks and Service Marks – Certain trademarks, including “The W.R. Berkley Owl” are the registered service marks of the Company, W. R. Berkley Corporation and/or another member of the Berkley Group. The domain name for this Web Site (www.berkley-tech.com), the Berkley Technology Underwriters logo, all page headers, custom graphics, and button icons are service marks, trademarks, logos, and/or trade dress of the Company and/or other members of the Berkley Group. All other trademarks, service marks, trade dress, product names, company names or logos, whether registered or not, on the Web Site are the property of their respective owners. In addition to complying with all applicable laws, you agree that you will not use any such trademarks, service marks, trade dress, or other logos from this Web Site without the prior written authorization of the Company.
Information submitted via this Web Site – With the exception of any personal data or information you submit (which shall be maintained in accordance with our Web Site Privacy Statement), any information you transmit to the Company via this Web Site, whether by direct entry, submission, electronic mail or otherwise, including data, questions, comments, or suggestions, will be treated as non-confidential and non-proprietary and will become the property of the Company. Such information may be used for any purpose, including but not limited to reproduction, solicitations, disclosure, transmission, publication, broadcast, and posting. The Company shall be free to use any ideas, concepts, know-how, or techniques contained in any communication you send to the Company via this Web Site or by any other means for any purpose whatsoever, including, but not limited to, developing and marketing products using such information. You represent and warrant that any information you enter on this Web Site is true and correct, and that you have exercised your best efforts in verifying the accuracy of the information. You acknowledge that the information entered into any on-line application is material to any decision by the underwriting company to issue a policy, and that any decision to issue a policy would be made in reliance upon the sufficiency and accuracy of the information entered into the application.
Proprietary Software – Any Software accessible through this Web Site is the property of the Company or its suppliers and is protected by U.S. intellectual property laws and/or international treaties. Any use of the Software by you other than as required to navigate and to utilize the intended functionality offered through this Web Site is prohibited. You agree not to copy, distribute, publicly display, alter, modify, decompile, disassemble, reverse engineer or otherwise attempt to discover the source code of the Software. Further, you agree not to access the Content by any means other than the interface provided by the Company through this Web Site for your use in accessing the Content.
The Software provided on this Web Site is owned by or licensed to the Company, and may contain technology that is subject to strict controls pursuant to export control laws and regulations of the United States of America and other countries and jurisdictions. You shall not copy, transfer or export such software in violation of such applicable export laws and regulations. The Company does not authorize the downloading or exportation of any software or technical data from this Web Site to any jurisdiction prohibited by such export controls laws and regulations.
Prohibited Use – Any use, or attempted use, of this Web Site in any of the following manners or for any of the following purposes is prohibited: (i) any unlawful, unauthorized, fraudulent or malicious purpose, or (ii) that could damage, disable, overburden, or impair any server, or the network(s) connected to any server, or (iii) to interfere with any other party’s use and enjoyment of the Web Site, or (iv) to gain unauthorized access to any other accounts, computer systems or networks connected to any server or systems through hacking, password mining or any other means, or (v) to access systems, data or information not intended by the Company to be made accessible to a user, or (vi) to obtain any materials or information through any means not intentionally made available by the Company, or (vii) for any use other than the business purpose for which it was intended.
In addition, in connection with your use of the Web Site, you agree you will not:
- Upload or transmit any message, information, data, text, software or images, or other content (“Material”) that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, or otherwise objectionable, or that may invade another’s right of privacy or publicity;
- Create a false identity for the purpose of misleading others or impersonate any person or entity, including but not limited to any Berkley Group representative, or falsely state or otherwise misrepresent your affiliation with a person or entity;
- Upload or transmit any Material that you do not have a right to reproduce, display or transmit under any law or under contractual or fiduciary relationships (such as nondisclosure agreements);
- Upload or introduce files that contain viruses, trojan horses, worms, time bombs, cancel-bots, corrupted files, or any other similar software or programs that may damage the operation of another’s computer or property of another;
- Delete any author attributions, legal notices or proprietary designations or labels that you upload to any communication feature;
- Use the Web Site’s communication features in a manner that adversely affects the availability of its resources to other users;
- Upload or transmit any unsolicited advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes” or any other form of solicitation, commercial or otherwise;
- Violate any applicable local, state, national or international law or regulation;
- Upload or transmit any Material that infringes any patent, trademark, service mark, trade secret, copyright or other proprietary rights of any party;
- Delete or revise any Material posted by any other person or entity;
- Manipulate or otherwise display the Web Site by using framing, mirroring or similar navigational technology or directly link to any portion of the Web Site other than the main homepage, www.berkley-tech.com, in accordance with the limited license and Web Site access outlined above;
- Register, subscribe, attempt to register, attempt to subscribe, unsubscribe, or attempt to unsubscribe, any party for any Product or Service if you are not expressly authorized by such party to do so; or
- Harvest or otherwise collect information about others, including e-mail addresses.
The Company reserves the right to take whatever lawful actions it may deem appropriate in response to actual or suspected violations of the foregoing, including but not limited to the suspension or termination of the user’s access and/or account. The Company may cooperate with legal authorities and/or third parties in the investigation of any suspected or alleged crime or civil wrong. Except as may be expressly limited by the Web Site Privacy Statement, the Company reserves the right at all times to disclose any information as the Company deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any Material or other information, in whole or in part, in the Company’s sole discretion.
SECURITY & CONTROL
Password Accounts, Passwords, and Security – If you have been given the option to open an account on this Web Site which will provide you with access to password protected portions of the site and you elect to do so, you must complete the registration process by providing us with current, complete and accurate information as prompted by the applicable registration form, and choose a password and user name. You are entirely responsible for maintaining the confidentiality of your password and account and for any and all activities that occur under your account. You agree to (a) immediately notify the Company of any unauthorized use of your account or any other breach of security of which you become aware, and (b) exit completely from your account at the end of each online session. The Company will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by the Company or another party due to someone else using your account or password. You may not use anyone else’s account at any time, with or without the permission of the account holder.
No Editorial Control of Third Party Content; No Statement as to Accuracy – To the extent that any of the Content included in the Web Site is provided by third party content providers, the Company has no editorial control or responsibility over such Content. Therefore, any opinions, statements, services or other information expressed or made available by third party suppliers on this Web Site are those of such third party suppliers. The Company does not represent or endorse the accuracy or reliability of any opinion, statement or other information provided by any third party, or represent or warrant that your use of the Content displayed on this Web Site or referenced content of service providers will not infringe rights of third parties not owned by or affiliated with the Company or the Berkley Group.
Electronic Communications – When you visit this Web Site or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
Modification of Content – The Company may, at its discretion, modify or discontinue any of the Products and Services, Content or Software, or any portion thereof, with or without notice. Neither the Company nor its affiliates will be liable to you or any third party for any modification or discontinuance of any of the Products and Services, Content or Software.
Disclaimer – Information contained on this Web Site has been prepared by the Company as a convenience to its users and is not intended to constitute advice or recommendations upon which a user may rely. The Company has used reasonable efforts in collecting, preparing and providing quality information and material, but makes no warranty or guarantee about the accuracy, completeness, or adequacy of the information contained in or linked to this Web Site or any other web site maintained by the Company.
The information and descriptions contained herein are not intended to be complete descriptions of the terms, exclusions and conditions applicable to the Products and Services, but are provided solely for general informational purposes; please refer to the actual policy or agreement for complete terms, exclusions and conditions. Should you purchase a product from the Company or another member of the Berkley Group, the terms and conditions applicable to that transaction will govern such purchase, and your use of this Web Site does not affect that purchase in any manner.
This Web Site may provide you with planning and educational tools, including calculators. Such tools and calculators may allow you to model “what-if” scenarios, the results of which are illustrative and are based on the information and assumptions identified. There is no guarantee that the results shown are necessarily accurate or will be achieved. In addition, these tools and calculators are not part of any planning report for which you may have paid a fee, even if the tools and calculators include information derived from or contained in a report.
YOUR USE OF THIS WEB SITE IS AT YOUR SOLE RISK. ALL CONTENT AND SOFTWARE ARE PROVIDED ON AN “AS IS” OR “AS AVAILABLE” BASIS, AND THE COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THE COMPANY MAKES NO WARRANTY THAT THE CONTENT AND SOFTWARE ARE ACCURATE, TIMELY, UNINTERRUPTED, NON-INFRINGING, VIRUS-FREE OR ERROR-FREE, OR THAT ANY SUCH PROBLEMS WILL BE CORRECTED.
Limitation of Liability – YOU UNDERSTAND AND AGREE THAT THE COMPANY WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PRODUCTS, USE, DATA OR OTHER INTANGIBLE LOSSES, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITIES OF THOSE DAMAGES, RESULTING FROM YOUR USE OF OR INABILITY TO USE THE WEB SITE, PRODUCTS AND SERVICES, CONTENT OR SOFTWARE, OR ANY OTHER MATTER RELATED TO THE WEB SITE, PRODUCTS AND SERVICES, CONTENT OR SOFTWARE. YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE WEB SITE IS PREDICATED UPON YOUR WAIVER OF ANY RIGHT TO SUE THE COMPANY OR ITS AFFILIATES DIRECTLY OR TO PARTICIPATE IN A CLASS ACTION SUIT FOR ANY LOSSES OR DAMAGES RESULTING FROM YOUR USE OF THE WEB SITE.
Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you might have additional rights.
This Web Site Contains a Binding Arbitration Provision Which May Be Enforced by the Parties.
[International Users – This Web Site is controlled and operated by the Company from offices within the United States of America. We make no representation that materials at this Web Site are appropriate or available for use outside the United States or that access to the Content from all countries and/or territories is legal. You may not use the Web Site or export the Web Site materials in violation of United States export laws and regulations. If you access this Web Site from locations outside the United States, you are responsible for compliance with all applicable laws and regulations.
The Company makes no representation that any information, Contents or Software included on this Web Site are appropriate for use in any other jurisdiction. This Web Site is not directed to any person in any jurisdiction where (by reason of that person’s nationality, residence, citizenship or otherwise) the publication or availability of the Web Site and its content is contradictory to local laws or regulations. Persons with respect to whom such restrictions or prohibitions apply must not access or use this Web Site. By accessing or using this Web Site you do so on your own initiative and are solely responsible for compliance with the applicable local laws and regulations.]
Last updated: July 22, 2013