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.
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 Berkley Capital home page periodically to review the most current
stop using this website.
This website is owned and maintained by Berkley Capital (“BC,”
“we”, “us,” or “our”), 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
and other policies posted on this website constitute the entire agreement between
you and Berkley Capital in connection with your use of this website,
and the content and software herein. You represent and warrant that any information
you provide via the website or electronic mail is true and accurate to the best
of your knowledge. You acknowledge that the information you may enter 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.
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. Berkley Capital
disclaims all warranties, express or implied, including, but not limited to, any
implied warranties of merchantability and fitness for a particular purpose. Berkley
Capital 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 is for general informational purposes only,
and is not offered as legal, accounting or other professional advice.
The descriptions of Berkley Capital’ 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 Berkley Capital uses reasonable efforts to include accurate
and up-to-date information on this website, errors or omissions sometimes do occur.
Berkley Capital 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. Planning tools on this
website are available only as a convenience to users and are not intended to generate
advice or recommendations upon which a user may rely. Berkley Capital
does not warrant or make any representations regarding the correctness, accuracy,
or reliability of the results generated by any such tools, and makes no guarantee
that the results shown will be achieved. These tools and calculators are not part
of any planning report for which you may have paid a fee, even if they utilize data
derived from or contained in such a report. 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 Berkley Capital 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 Berkley Capital or the Company or an authorized representative
of Berkley Capital or the Company has been advised of the possibility
of such damages. Berkley Capital 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 Berkley Capital
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
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. Berkley Capital 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
Berkley Capital in the defense of such matter.
THIRD PARTY CONTENT
This website may contain hyperlinks to other websites which are not owned or maintained
by Berkley Capital. Berkley Capital is not responsible for
the content or privacy practices of such websites. These hyperlinks are provided
solely for your convenience, and do not imply Berkley Capital’
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 Berkley Capital’ 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
you transmit to Berkley Capital via this website, by electronic mail,
direct entry, submission, or otherwise, including data, questions, comments, or
suggestions, will be treated as non-confidential and non-proprietary and will become
the property of Berkley Capital. Such information may be used for any
purpose, including, but not limited to, reproduction, solicitation, disclosure,
transmission, publication, broadcast, and posting. Berkley Capital shall
be free to use any ideas, concepts, know-how, or techniques contained in any communication
you send to Berkley Capital via this website or by any other means for
any purpose whatsoever, including, but not limited to, developing and marketing
products using such information. Berkley Capital 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 Berkley Capital nor the Company will be liable to you or any third party for the effects
of any such modification or discontinuance.
CONSENT TO COMMUNICATE ELECTRONICALLY
By utilizing or providing your contact details through the Berkley Capital
website, you are consenting to receive communications from us electronically. You
acknowledge that electronic communications may not be encrypted and there is a risk
that data, including e-mail, electronic and wireless communications and personal
data, may be accessed by unauthorized third parties. We may 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.
Users who do not wish to be contacted electronically may revoke this consent by
RESTRICTIONS ON USE OF MATERIALS
This website is owned and operated by Berkley Capital. 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
Berkley Capital 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 Berkley Capital.
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 Berkley Capital’ 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 Berkley Capital
to be accessible to you or through any means not intentionally made available by
In addition, in using this website, you agree you will not: (i) upload or transmit
any 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; (ii) create a false identity for the purpose
of misleading others or impersonate any person or entity, including but not limited
to any Company representative, or falsely state or otherwise misrepresent your affiliation
with a person or entity; (iii) 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); (iv) 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 the property of another; (v) upload or transmit any unsolicited
advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid
schemes" or any other form of solicitation, commercial or otherwise; (vi) violate
any applicable local, state, national, or international law or regulation; (vii)
upload or transmit material that infringes any patent, trademark, service mark,
trade secret, copyright, or other proprietary right of any party; or (viii) harvest
or otherwise collect information about others, including e-mail addresses.
Berkley Capital 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
and/or account. Berkley Capital 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
deem necessary to satisfy any applicable law, regulation, legal process, or governmental
request, or as otherwise permitted by law. We also reserve the right to edit, remove,
or refuse to post any materials or information, in whole or in part, at our sole
All trademarks, service marks, trade names, logos, and icons are proprietary to
Berkley Capital and/or the Company. This proprietary information includes
the website’s domain name, logos, page headers, graphics, and button icons.
Use of the trademarks, service marks, trade dress, or other logos displayed on this
website, without prior written authorization of Berkley Capital or as
otherwise provided herein, is strictly prohibited.
Any software accessible through this website is the property of Berkley Capital, 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 Berkley Capital 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. Berkley Program
Specialists 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
Berkley Capital 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 Berkley Capital an unrestricted,
irrevocable license to use, reproduce, display, perform, modify, transmit, and distribute
this material or information, and you also agree that Berkley Capital
is free to use any ideas, concepts, know-how, or techniques that you send us for
Berkley Capital’ collection, use, and protection of nonpublic
help you to understand how we secure and protect the information we collect, and
we urge you to read it.
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 Berkley Capital or the Company.
No security, insurance product or other product or service is offered or will be
sold by Berkley Capital 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, Berkley
Program Specialists 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 Berkley Capital 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
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 Chicago and County of Cook, Illinois. 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
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 Berkley Capital
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 Illinois,
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 Illinois and that any action to enforce this
arbitration provision will be brought in the federal or state courts located in
Illinois. Either you or Berkley Capital may seek any interim or preliminary
relief from a state or federal court of competent jurisdiction in Illinois, as may
be necessary to protect the rights or property of you or Berkley Capital
pending the completion of arbitration. You agree that, if you are not the prevailing
party in such arbitration, you will bear its cost.
to address future developments of Berkley Capital, the Company, or the
website, or changes in industry or legal trends.
Last updated: January 2014