ACCEPTANCE OF TERMS
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 Select disclaims all warranties, express or implied, including, but not limited to, any implied warranties of merchantability and fitness for a particular purpose. Berkley Select 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 Berkley Select 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 Select uses reasonable efforts to include accurate and up-to-date information on this website, errors or omissions sometimes do occur. Berkley Select 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 Select 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 Select or the Berkley Group 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 Select or the Berkley Group or an authorized representative of Berkley Select or the Berkley Group has been advised of the possibility of such damages. Berkley Select 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.
THIRD PARTY CONTENT
This website may contain hyperlinks to other websites which are not owned or maintained by Berkley Select. Berkley Select 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 Select’s 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 Select’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
CONSENT TO COMMUNICATE ELECTRONICALLY
By utilizing or providing your contact details through the Berkley Select 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 notifying firstname.lastname@example.org.
RESTRICTIONS ON USE OF MATERIALS
This website is owned and operated by Berkley Select. 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 Select or the Berkley Group 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 Select. 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 Select’s 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 Select to be accessible to you or through any means not intentionally made available by Berkley Select.
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 Berkley Group 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.
All trademarks, service marks, trade names, logos, and icons are proprietary to Berkley Select and/or the Berkley Group. This proprietary information includes domain name, logos, page headers, graphics, button icons, images, articles, marketing materials, videos, podcasts, webinars, company literature and/or other materials contained within Berkley Select’s websites. Use of the trademarks, service marks, trade dress, or other logos displayed on this website, without prior written authorization of Berkley Select or as otherwise provided herein, is strictly prohibited.
Any software accessible through this website is the property of Berkley Select, the Berkley Group, 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 Select 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 Select 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 Select 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 Select an unrestricted, irrevocable license to use, reproduce, display, perform, modify, transmit, and distribute this material or information, and you also agree that Berkley Select is free to use any ideas, concepts, know-how, or techniques that you send us for any purpose.
You acknowledge that you must have an authorized username and password to access portions of this site. You agree to provide true, accurate, current, and complete information about yourself. You also agree not to impersonate any person or entity, misrepresent any affiliation with another person, entity, or association, use false headers, or otherwise conceal your identity from us for any purpose. You authorize Berkley Select to process any and all account transactions initiated through the use of your username and password. For your protection and the protection of our other customers and website users, you may not share your username and passwords with any other person for the purpose of facilitating their access and unauthorized use of this website. You are solely responsible for maintaining the confidentiality of your username and password. You acknowledge and agree that you are responsible for any unauthorized activities, charges, damages, and/or liabilities made through the use of your username and password. In no event will Berkley Select or the Berkley Group be liable for the unauthorized use or misuse of your username or password. If you do share your account information with anyone, we will consider their activities to have been authorized by you.
You agree to (a) immediately notify Berkley Select 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. Berkley Select and the Berkley Group will not be liable for any losses 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 Berkley Select or another party resulting from someone else’s use of your account or password. You may not use anyone else’s account at any time, with or without the permission of the account holder.
Portions of this website which must be accessed using a password or other security device may contain proprietary and confidential information owned by Berkley Select including but not limited to information included in web-based seminars, industry data, and technical and marketing information (“Berkley Select Confidential Information”). By accessing Berkley Select Confidential Information, you agree to keep this information confidential and to use the information solely for the purpose of maintaining your account and conducting business with Berkley Select.
USE OF THIS WEBSITE BY CHILDREN
This website is intended for use only by users of legal age to enter into an agreement (typically, at least eighteen (18) years of age or older). Berkley Select makes no active effort to collect personal information from children and does not wish to receive such information.
DIGITAL MILLENNIUM COPYRIGHT ACT
If you are a copyright owner or an agent thereof and believe that any of the content or materials on this website infringes upon your copyrights, you may submit a notice pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;
Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Berkley Select’s Copyright Agent to receive notifications of claimed infringement is Todd Hampton, (312) 800-6284, email@example.com. You acknowledge that if you fail to comply with all of the requirements of this Section 5(D), your DMCA notice may not be valid.
Counter-Notice. If you believe that your content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to post and use the materials that were the subject of the DMCA notice, you may send a counter-notice containing the following information to the Copyright Agent:
- Your physical or electronic signature;
- Identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
- A statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and
- Your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal court in Wheaton, Illinois, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received by the Copyright Agent, Berkley Select may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the user who provided the content, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at Berkley Select’s sole discretion.
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 Select or the Berkley Group. No security, insurance product or other product or service is offered or will be sold by Berkley Select or the Berkley Group 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 Select 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 Select 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 Berkley Group 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
AGREEMENT TO ARBITRATE
New York Confidentiality Protocols for Victims of Domestic Violence and Endangered Individuals
New York Insurance Law Section §2612 prohibits insurers from taking certain actions against a person solely on the basis that he/she is a victim of domestic violence and requires insurers to establish certain confidentiality protocols for these individuals. Specifically, this law states that if a victim of domestic violence covered by an insurance policy delivers to the insurer that issued the policy, a valid order of protection against the policyholder or other person covered under the same policy, the insurer is prohibited for the duration of the order from disclosing to the policyholder or other covered person the address and telephone number of the victim, or of any person providing covered services to the victim. If the victim is a child, then the confidentiality rights established by this law also extend to the parent or guardian of the child.
If you are a victim of domestic violence and are covered by an insurance policy issued by us, you may provide us with an alternate address, telephone number or other method of contact. If you have a valid order of protection against another person covered by the same insurance policy issued by us, then you may provide us with a copy of the order, asking that we not disclose your contact information to such other person.
Any alternate contact information or order of protection may be sent to us by sending that information to the following address:
550 West Jackson Boulevard, Suite 500
Chicago, IL 60661
For additional information, you may also contact the New York State Domestic Violence Hotline at (800) 942-6906.
Last updated: December 4, 2019