ACCEPTANCE OF TERMS
By using this website, you acknowledge your agreement to the following terms and conditions, without limitation or qualification. Please read these terms carefully. These Terms of Use may be changed, modified, supplemented, or updated at any time, with or without advance notice. You agree to be bound by any such modifications. It is your responsibility to visit the link at the bottom of the home page periodically to review the most current terms and conditions. If you do not agree with these Terms of Use, you should immediately stop using this website.
This website is owned and maintained by Berkley Asset Protection Underwriting Managers, BAPU, a member of the W. R. Berkley Corporation enterprise of affiliated companies (collectively, the “Company”). The following terms and conditions apply to all users of this website, though we may choose to add to or supersede certain provisions herein with other provisions located in other parts of this website. You further acknowledge that the current Terms of Use, Online Privacy Policy, and other policies posted on this website constitute the entire agreement between you and BAPU in connection with your use of this website, and the content and software herein.
DISCLAIMER
To the fullest extent permissible pursuant to applicable law, the materials and software on this website are provided on an "as is" or "as available" basis and without warranties of any kind, either express or implied. BAPU disclaims all warranties, express or implied, including, but not limited to, any implied warranties of merchantability and fitness for a particular purpose. BAPU does not warrant that the website’s functions will be uninterrupted, non-infringing, or error-free, that any such defects will be corrected, or that this website or the server that makes it available are free of viruses or other harmful components.
All information on this website, including all [surveys, benchmark reports, educational materials, risk reports, and/or actuarial analysis and reports], is for general informational purposes only, and is not offered as legal, accounting or other professional advice.
The descriptions of BAPU products and services on this website, including any sample forms or wordings, are not necessarily intended to be complete descriptions of all applicable terms, exclusions, and conditions and are provided solely for general informational purposes. Any statement regarding insurance coverage herein is subject in all respects to the specific terms and conditions of the actual applicable policy or product or service agreement. Complete policy terms are available upon request.
While BAPU uses reasonable efforts to include accurate and up-to-date information on this website, errors or omissions sometimes do occur. BAPU does not warrant or make any representations regarding the use or the results of the use, of any of the materials on this website in terms of their correctness, accuracy, reliability, or otherwise. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you if you are a resident of any such state. You may also have other legal rights that vary from state to state.
LIMITATION OF LIABILITY
To the fullest extent permissible pursuant to applicable law, you understand and agree that under no circumstances, including, but not limited to, negligence, shall BAPU or the Company be liable to you for any direct, indirect, incidental, special, consequential, exemplary, or punitive damages that result from the use of, or the inability to use, the materials on this website, even if BAPU or the Company or an authorized representative of BAPU or the Company has been advised of the possibility of such damages. BAPU also assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect, your computer equipment or other property as a result of your access to, use of, or browsing of this website or your downloading of any materials, data, text, images, video, or audio from this website. Some states do not allow the limitation of liability, so the foregoing limitation may not apply to you.
You agree to indemnify, defend, and hold harmless BAPU and the Company from and against any and all losses, liabilities, expenses, damages, and costs, including reasonable attorneys' fees and court costs, arising or resulting from your use of this website or any violation of these Terms of Use. If you cause a technical disruption to the website or the systems transmitting the site to you or others, you agree to be responsible for any and all losses, liabilities, expenses, damages, and costs, including reasonable attorneys' fees and court costs, arising or resulting from that disruption. BAPU reserves the right, at its own expense, to assume exclusive defense and control of any matter otherwise subject to indemnification by you and, in such case, you agree to cooperate with BAPU in the defense of such matter.
THIRD PARTY CONTENT
This website may contain hyperlinks to other websites which are not owned or maintained by BAPU. BAPU is not responsible for the content or privacy practices of such websites. These hyperlinks are provided solely for your convenience, and do not imply BAPU approval or endorsement of such sites or the content therein. We do not control such websites, and assume no responsibility for their content or accuracy, [even though Operating Unit’s name or logo may appear on certain pages of such third party sites]. We accept no liability for any information, products, advertisements, content, services, or software accessible through such third party websites or for any action you may take as a result of linking to any such website. We recommend that you carefully read the privacy policies and user agreements of these sites, which will solely govern your use thereof.
OWNERSHIP OF INFORMATION
With the exception of personal data (which shall be maintained in accordance with our Online Privacy Policy), any information you transmit to BAPU via this website, by electronic mail or otherwise, including questions, comments, or suggestions, will be treated as non-confidential and non-proprietary and will become the property of BAPU. Such information may be used for any purpose, including, but not limited to, reproduction, solicitation, disclosure, transmission, publication, broadcast, and posting. BAPU shall be free to use any ideas, concepts, know-how, or techniques contained in any communication you send to BAPU via this website or by any other means for any purpose whatsoever, including, but not limited to, developing and marketing products using such information. BAPU may modify or discontinue any of the materials, content, or software, or any portion thereof, that appears on this website at its discretion, with or without notice. Neither BAPU nor the Company will be liable to you or any third party for the effects of any such modification or discontinuance.
RESTRICTIONS ON USE OF MATERIALS
This website is owned and operated by BAPU. Except where otherwise indicated, all materials and software contained in this website, as well as their collection, arrangement, and assembly, are the copyrighted property of BAPU or the Company and are protected by U.S. and international copyright laws. No materials from this website may be copied, reproduced, republished, uploaded, posted, transmitted, distributed, or otherwise commercially exploited in any way, except with the express written consent of BAPU. You may download material displayed on this website for your personal use only, provided that you do so without alteration, for non-commercial purposes only, and that all copyright and other proprietary notices appear in all copies in the same manner as the original. All other uses are prohibited.
You may not distribute, modify, transmit, reuse, repost, or use the content of this website for public or commercial purposes, including the text, images, audio, and video, without BAPU prior written permission. We neither warrant nor represent that your use of materials displayed on this website will not infringe rights of third parties.
You are prohibited from: (i) using this website for any unlawful, unauthorized, fraudulent, or malicious purpose; (ii) using this site in a method that could damage, disable, overburden, or impair any server, or any network connected to a server; (iii) interfering with another person’s use and enjoyment of this website; (iv) using data mining, robots, or similar data gathering and extraction tools with respect to any portion of the website; (v) gaining unauthorized access to accounts, computer systems, or networks connected to any server or systems; or (vi) accessing materials, systems, data, or information not intended by BAPU to be accessible to you or through any means not intentionally made available by BAPU.
BAPU reserves the right to take any lawful action it deems appropriate in response to any actual or suspected violations of these terms, including but not limited to the suspension or termination of the user's access to the website. BAPU may cooperate with legal authorities and/or third parties in the investigation of any suspected or alleged crime or civil wrong. Except as expressly limited by the Online Privacy Policy, we reserve the right to disclose any information that we deem necessary to satisfy any applicable law, regulation, legal process, or governmental request, or as otherwise permitted by law.
TRADEMARKS
All trademarks, service marks, trade names, logos, and icons are proprietary to BAPU and/or the Company. This proprietary information includes the website’s domain name, logos, page headers, graphics, button icons, applications. Use of the trademarks, service marks, trade dress, or other logos displayed on this website, without prior written authorization of BAPU or as otherwise provided herein, is strictly prohibited.
PROPRIETARY SOFTWARE
Any software accessible through this website is the property of BAPU, the Company, or outside suppliers, and is protected by U.S. intellectual property laws and/or international treaties. Use of this software other than to utilize and navigate this website for its intended functions is prohibited, and you agree not to access this website’s content by any means other than the interface BAPU has provided. You agree not to copy, distribute, publicly display, alter, modify, decompile, disassemble, or reverse engineer or otherwise attempt to discover the source code of this software. BAPU does not authorize the downloading or exportation of any software or technical data from this website to any jurisdiction where such activity is prohibited by export laws and regulations. Accordingly, you shall not copy, transfer, or export this software in violation of any applicable export laws and regulations.
PASSWORDS AND SECURITY
BAPU requests that you do not send it any information that you consider to be confidential or proprietary through this website or by email. You acknowledge that there is a risk that information provided through the website may be accessed by unauthorized third parties because such information is not encrypted (except where explicitly indicated otherwise). Please note that if you do send us any such information or material, we will assume it is not confidential. By sending us information or material, you grant BAPU an unrestricted, irrevocable license to use, reproduce, display, perform, modify, transmit, and distribute this material or information, and you also agree that BAPU is free to use any ideas, concepts, know-how, or techniques that you send us for any purpose.
PRIVACY POLICY
Our Online Privacy Policy describes BAPU collection, use, and protection of nonpublic personal information obtained from users of this website. This Privacy Policy will help you to understand how we secure and protect the information we collect, and we urge you to read it.
JURISDICTIONAL ISSUES
Except as expressly stated herein, the information contained on this website is not an offer to sell or a solicitation of an offer to buy any security, insurance product, or other product or service by BAPU or the Company. No security, insurance product or other product or service is offered or will be sold by BAPU or the Company or, if sold by such entity, will be effective in any jurisdiction in which such offer, solicitation, purchase, or sale would be unlawful under the securities, insurance, or other laws of such jurisdiction. Those who choose to access this website do so by their own initiative and are responsible for compliance with local laws. Unless otherwise expressly set forth herein, BAPU makes no representation that the materials on this website are appropriate or available for use in any location. Due to various insurance and other regulatory restrictions, certain products and services described on this website may vary by jurisdiction and may not be available in or suitable for all jurisdictions. Further, we make no representation that materials on this website are appropriate for use outside the United States, or that access to this website’s content is legal in all countries and/or territories. You may not use this website or export its materials in violation of United States export laws and regulations. Please contact a designated representative of BAPU or your broker to find out which products and services are available to you in your jurisdiction.
Safe Harbor Statement. This website may from time to time contain forward-looking statements within the meaning of the Private Securities Litigation Reform Act of 1995 (U.S.), which provides a statutory "safe harbor" for forward-looking statements. Any written or oral statements made by or on behalf of the Company 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 U.S. 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.
CHOICE OF LAW
These Terms of Use are governed by the laws of New York and controlling United States federal law without regard to any conflicts of law provisions, unless such law cannot be applied in a particular jurisdiction under prevailing applicable law. Unless a dispute would be governed by the arbitration clause below, you agree to submit to the personal and exclusive jurisdiction of the courts located within the City of New York City and County of New York, NY. If any provision herein is deemed by a court of competent jurisdiction to be unlawful or unenforceable, it will not affect the validity and enforceability of the remaining provisions. The section headings are for convenience only and do not have any force or effect.
AGREEMENT TO ARBITRATE
Any controversy or claim arising out of or relating to these Terms of Use or use of this website shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association, except that, to the extent you have in any manner violated or threatened to violate BAPU or another member of the Company’s intellectual property rights, we may seek injunctive or other appropriate relief in any state or federal court in [State], and you consent to exclusive jurisdiction and venue in such courts. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. You agree that the arbitration shall be conducted in [location] and that any action to enforce this arbitration provision will be brought in the federal or state courts located in [State]. Either you or BAPU may seek any interim or preliminary relief from a state or federal court of competent jurisdiction in [State], as may be necessary to protect the rights or property of you or BAPU pending the completion of arbitration. You agree that, if you are not the prevailing party in such arbitration, you will bear its cost.
UPDATES
BAPU reserves the right to change these Terms of Use in order to address future developments of BAPU, the Company, or the website, or changes in industry or legal trends.
Last updated: 8-6-2013
