PLEASE REVIEW AND ACCEPT THESE TERMS OF USE BEFORE CONTINUING.

Your use of the information, content, tools, products and services accessible under the www.berkleyrisk.com domain (the “Website”) is subject to and expressly conditioned upon your acceptance of these terms of use (“Terms”). These Terms are a binding agreement between you and Berkley Risk Administrators Company, LLC (“Berkley Risk”) and each of its affiliates identified below, as may be applicable (each an “Affiliate” and, collectively with Berkley Risk, “we”, “us” or “our”).

 

By using or accessing the Website, you acknowledge that you have reviewed, understand and accept these Terms. Further, you acknowledge that your use is subject to Berkley Risk’s Privacy Policy. If you do not agree to these Terms or the Privacy Policy, please do not use the Website.

Berkley Risk reserves the right to modify these Terms by posting new Terms and signifying such modification by changing the “Effective Date” at the bottom of these Terms. Your use of the Website is subject to the most current version of the Terms posted on the Website at the time of such use. You can review the most current Terms, at any time, by visiting the Website and clicking on the ‘Terms of Use’ hyperlink located at the bottom of the page. Continued use of the Website by you will constitute your acceptance of any revisions to the Terms.

These Terms are in addition to any other agreements between you and Berkley Risk or any Affiliates and is limited in scope to your use and access of the Website and the information, content, tools, products and services accessible via the Website.

 

Copyright

Berkley Risk owns or licenses all materials available through the Website, including all text, downloadable files, RSS feeds, HTML code, multimedia clips, images, graphics, icons, programming code, and the selection and arrangement of the contents of the Website (collectively, the “Materials”). Unless otherwise indicated, all Materials are copyrighted © (2012) to Berkley Risk Administrators Company, LLC, and any unauthorized use of the Materials may violate copyright and other laws.

Berkley Risk hereby grants to you a limited, non-transferable, non-exclusive right and license solely to:

  • – display and reproduce unaltered Materials comprising the Website for personal, non-commercial use while seeking information regarding Berkley Risk, its Affiliates and their businesses;
  • – if you are a prospective customer of products or services offered by Berkley Risk or any Affiliate, display, reproduce and distribute within a single business organization unaltered Materials, or portions thereof, comprising the the Website solely to the limited extent reasonably necessary to facilitate a decision of whether or not to transact business with Berkley Risk or an Affiliate; and
  • – if you are accessing a portion of the Website using a User ID and Password, display, reproduce and distribute Materials as permitted by these Terms of Use.

 

Except as expressly described in the limited license above, without the express written consent of Berkley Risk, you may not modify, reproduce, distribute, transmit, display, publish, or create derivative works from the Materials or use the Materials for any purpose whatsoever. For consent to reuse any Materials hosted on the Website, other than as expressly provided by the limited license above, please contact Berkley Risk at licensing@berkleyrisk.com. Except for the limited license expressly granted to you in these Terms or otherwise in writing, Berkley Risk reserves for itself all other right, title and interest in and to the Materials.

 

Trademarks

BERKLEY RISK, W.R. BERKLEY, and the B and Owl logos are registered and unregistered trademarks of W.R. Berkley Corporation or its subsidiaries in the United States and elsewhere (the “Berkley Trademarks”). All other trademarks are those of their respective owners. Nothing contained on the Website or in these Terms should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Berkley Trademark or third party trademarks

displayed on the Website without the written permission of Berkley Risk or such third party that may own other trademarks displayed on the Website.

 

Product Descriptions

Insurance coverages referenced by the Website are subject to the specific terms of the actual policies issued. The availability of a specific product or service referenced by the Website may differ from state to state. If you are interested in the terms and conditions or availability of a specific product, please contact licensing@berkleyrisk.com for additional information.

 

Disclaimer for Links

If the Website includes links with direct access to other Internet sites, Berkley Risk and its affiliated companies take no responsibility and makes no representations or warranties about the content or information contained on those other sites, and does not maintain such sites or exert any editorial or other control over those other sites. Any off-site link Berkley Risk provides on the Website is provided as a convenience and does not constitute an endorsement by Berkley Risk of that web site. Any information that you enter on a linked site will be subject to the privacy policies and user agreements of those sites and Berkley Risk has no control over such information. Berkley Risk recommends you take the time to read the privacy policies and user agreements of any third party site that you use.

 

Use of Passwords

To access certain online services, you will need a User ID and a Password. The User ID and Password are designed to confirm your identity to our computer network systems and are to be kept confidential. It is very important that you not share this information or allow a computer to “remember” your password, particularly if you are using a computer with public access such as one located in a library. For additional security, you may be required to change your password from time to time.

When accessing any portion of the Website using your User ID and Password, you agree to the following:

Berkley Risk and each Affiliate is (i) authorized to act on instructions received under your User ID and Password; (ii) not liable for any unauthorized access to your personal information that is not directly due to the sole negligence of Berkley Risk or an Affiliate, (iii) it is your responsibility to protect your Password from unauthorized use or disclosure, (iv) you will notify Berkley Risk immediately if you suspect unauthorized use or disclosure of your Password, and (v) at Berkley Risk’s sole and absolute discretion, Berkley Risk may disable use of your User ID and Password at any time and without prior notice, for any reason or no reason.

Despite the security measures taken by Berkley Risk, there is an inherent risk in disclosing personal information over the Internet. Anyone electronically transmitting personal information assumes the risk that such information may be disclosed or intercepted by unintended third parties and Berkley Risk disclaims all liability resulting from such interception or disclosure.

 

No Advice

Use of the Website is for your convenience. Content accessed on the Website is not intended, and should not be construed, as business, legal, or professional advice.

 

Disclaimer Of Warranties

USERS OF THE WEBSITE ASSUME ALL RESPONSIBILITY AND RISK FOR THEIR USE OF THE WEBSITE AND THE INTERNET, GENERALLY. ALL CONTENT, FUNCTIONS AND INFORMATION MADE AVAILABLE ON OR ACCESSED THROUGH THE WEBSITE ARE PROVIDED ‘AS IS’ AND ‘AS AVAILABLE’; BERKLEY RISK, AND ITS AFFILIATES DISCLAIM ALL WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS, EXPRESSED OR IMPLIED, WITH REGARD TO THE DATA, INFORMATION AND MATERIAL INCLUDED IN, OR ACCESSIBLE FROM, THE WEBSITE, INCLUDING, BUT NOT LIMITED TO, ALL IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

BERKLEY RISK AND ITS AFFILIATES DO NOT WARRANT THAT THE WEBSITE OR ITS FUNCTIONS, FEATURES OR CONTENT WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, FREE OF VIRUSES, COMPLETE, ACCURATE OR TIMELY OR THAT DEFECTS WILL BE IDENTIFIED AND CORRECTED.

IN CERTAIN STATES WHERE THE LAW MAY NOT ALLOW US TO LIMIT OR EXCLUDE LIABILITY FOR CERTAIN DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY AND YOU MAY HAVE THE RIGHT TO RECOVER. IN ANY EVENT, OUR LIABILITY FOR ALL LOSSES, DAMAGES, INJURIES, AND CLAIMS OF ANY KIND, WHETHER CLAIMS UNDER CONTRACT, NEGLIGENCE OR OTHER LEGAL THEORY, WILL NOT BE GREATER THAN THE AMOUNT YOU HAVE PAID TO ACCESS THIS SITE.

 

Limitation Of Liability

IN NO EVENT WILL BERKLEY RISK OR ANY AFFILIATE BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL, DIRECT, OR INDIRECT DAMAGES RELATED TO THE USE OF OR INABILITY TO USE THE WEBSITE OR ITS CONTENTS, MATERIALS OR FUNCTIONS. NONE OF BERKLEY RISK OR ANY AFFILIATE WILL BE LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSS RESULTING FROM A CAUSE OVER WHICH BERKLEY RISK DOES NOT HAVE DIRECT CONTROL. THIS INCLUDES FAILURE OF ELECTRONIC OR MECHANICAL EQUIPMENT OR COMMUNICATIONS LINES, UNAUTHORIZED ACCESS, VIRUSES, THEFT, OPERATOR ERRORS, SEVERE OR EXTRAORDINARY WEATHER, FIRE, ACCIDENT, EMERGENCY OR ACTION OF GOVERNMENT.

 

Compliance with Law

You shall not use and/or access the Website and/or the Materials in any manner that will violate any applicable local, state, national, international or foreign law, including, but not limited to any regulations having the force of law. Some jurisdictions may have restrictions on the use of the Internet by their residents. You agree not to impersonate another person in your use of the Website or the sending of any e-mail to an address listed on the Website. You may not use the Website in any manner that could damage, disable, overburden or impair the Website, interfere with any other party’s use and enjoyment of the Website or compromise the integrity of, or otherwise modify, the Materials.

 

Severability and Waiver

If any provision of the Terms is invalid or unenforceable under applicable law, then it shall be, to the extent invalid or unenforceable, deemed omitted and the remaining provisions will continue in full force and effect. No waiver shall be deemed a continuing waiver or a waiver of any other term.

 

Termination

Berkley Risk and its Affiliates have the right to discontinue, change or update any data, information or material included in the Website without prior notice, and they do not assume any legal liability or responsibility for the accuracy, completeness or usefulness of any data, information or material included in, or accessible from, the Website.

Your license to access and use the Website and/or the Materials shall automatically terminate if you are in breach of any of the Terms. Berkley Risk reserves the right, in its sole discretion, to terminate your access to the Website, and to terminate your use of the Materials, or any portion thereof, at any time without notice.

 

Choice of Law and Venue

The laws of the State of Minnesota and the laws of the United States of America applicable therein will govern as to the interpretation, validity and effect of these provisions, notwithstanding any principles of conflict of laws or your domicile, residence or physical location. You agree that any dispute arising from or relating in any way to the Website, the Materials or these Terms will be brought exclusively in the Federal or State courts located in the State of Minnesota located in the city of Minneapolis, Minnesota and you irrevocably agree to submit to the jurisdiction of such courts.

 

Entire Agreement

Unless specifically provided herein, the Terms constitute the entire agreement between you, Berkley Risk and each Affiliate with respect to your use of the Website and the Materials. These Terms shall supersede all prior agreements,

understanding, negotiations and discussions, either oral or written, between the parties in respect of your use of the Website.

 

BERKLEY RISK’S AFFILIATES

Key Risk Insurance Company

Riverport Insurance Company

American Mining Insurance Company

Continental Western Insurance Company

Acadia Insurance Company

Tri-State Insurance Company

Effective Date January 1, 2013