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. BPEM disclaims all warranties, express or implied, including, but not limited to, any implied warranties of merchantability and fitness for a particular purpose. BPEM 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 BPEM’s 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 BPEM uses reasonable efforts to include accurate and up-to-date information on this website, errors or omissions sometimes do occur. BPEM 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 BPEM 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 BPEM or the Company or an authorized representative of BPEM or the Company has been advised of the possibility of such damages. BPEM 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 BPEM. BPEM is not responsible for the content or privacy practices of such websites. These hyperlinks are provided solely for your convenience, and do not imply BPEM’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 BPEM’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
RESTRICTIONS ON USE OF MATERIALS
This website is owned and operated by BPEM. 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 BPEM 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 BPEM. 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 BPEM’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 BPEM to be accessible to you or through any means not intentionally made available by BPEM.
All trademarks, service marks, trade names, logos, and icons are proprietary to BPEM and/or the Company. This proprietary information includes the website’s domain name, logos, page headers, graphics, button icons, and/or applications. Use of the trademarks, service marks, trade dress, or other logos displayed on this website, without prior written authorization of BPEM or as otherwise provided herein, is strictly prohibited.
Any software accessible through this website is the property of BPEM, 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 BPEM 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. BPEM 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
BPEM 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 BPEM an unrestricted, irrevocable license to use, reproduce, display, perform, modify, transmit, and distribute this material or information, and you also agree that BPEM is free to use any ideas, concepts, know-how, or techniques that you send us for any purpose.
SURPLUS LINES PRODUCTS
Certain products described in this website may be underwritten by U.S.-based surplus lines insurers. Consequently, these products are sold on a surplus lines basis only, which means that they are available only through properly licensed excess and surplus lines brokers and in accordance with applicable surplus lines laws.
Surplus lines insurance is intended to meet customer needs for high risk and specialized insurance products not available from the conventional market. Surplus lines products are offered only by ‘non-admitted’ insurance companies which are not licensed to do business in the states in which their products are sold. Surplus lines carriers do not generally participate in state guaranty funds and thus insureds are not protected by such funds.
In keeping with regulatory restrictions affecting surplus lines products, the information provided in the non-password protected sections of this website relating to surplus lines products constitutes neither a solicitation to purchase nor an offer to sell surplus lines insurance products and services, but is for general information purposes only and is not an offer to sell or a solicitation to the general public. Any password-protected sections of this website related to surplus lines products are accessible by properly licensed surplus lines insurance professionals only and contain information for products that may not be available in all states. Inquiries should be directed to your local licensed surplus lines insurance broker.
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 BPEM or the Company. No security, insurance product or other product or service is offered or will be sold by BPEM 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, BPEM 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 BPEM 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
AGREEMENT TO ARBITRATE
Last updated: 02-06-2014