Terms and Conditions
Welcome to www.berkleymed.com. The www.berkleymed.com website (the "Site") is comprised of various web pages operated by Berkley Medical Excess Underwriters, LLC ("BerkleyMed"). The Site is offered to you conditioned on your acceptance without modification of the terms and conditions contained herein (the "Terms"). Your use of the Site constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference.
Description of Products and Services.
The Site may describe the products and services that BerkleyMed provides. This Site is not a solicitation by BerkleyMed of any individual, group, entity or market in any jurisdiction. By virtue of maintaining the Site, BerkleyMed shall not be construed to be doing or transacting business or otherwise being subject to the jurisdiction of any governmental authority in which the user or any linked site server, vendor or provider is located. Products are only offered pursuant to applicable law. This information is provided to help you learn about the types of products and services BerkleyMed offers.You should also know that:
The availability of specific products and services may vary by state jurisdiction.
The product descriptions are general in nature. Coverage offered is subject to the specific terms of the actual policies issued.
The information on this Site is distributed with the understanding that the Site is not providing professional advice of any type. If you have a question requiring professional advice, such as a question relating to law, financial planning or loss control, please seek the advice of a qualified professional in a relevant field.
Visiting the Site or sending emails to BerkleyMed constitutes electronic communications.You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.
If you use this Site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that BerkleyMed is not responsible for third party access to your account that results from theft or misappropriation of your account. BerkleyMed and its associates reserve the right to refuse or cancel service or terminate accounts in our sole and absolute discretion. ALL USERS OF THIS SITE MUST BE OF LEGAL AGE.
If you feel that your account or password has been compromised, please notify Andrea Agan at email@example.com so that your account can be reset or changed.
Links to third party sites/Third party services
The Site may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of BerkleyMed and BerkleyMed is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. BerkleyMed is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by BerkleyMed of the Site or any association with its operators.
Certain services made available via the Site are delivered by third party sites and organizations. By using any product, service or functionality originating from the Site, you hereby acknowledge and consent that BerkleyMed may share such information and data with any third party with whom BerkleyMed has a contractual relationship to provide the requested product, service or functionality on behalf of the Site's users and customers.
No unlawful or prohibited use/Intellectual Property
You are granted a non-exclusive, non-transferable, revocable license to access and use the Site strictly in accordance with these Terms. As a condition of your use of the Site, you warrant to BerkleyMed that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party's use of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.
All content included as part of the Site, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of BerkleyMed or its contractors, vendors, advisors, agents, or other representatives and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. BerkleyMed content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of BerkleyMed and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. BerkleyMed does not grant you any licenses, express or implied, to the intellectual property of BerkleyMed or our licensors except as expressly authorized by these Terms.
This Site is controlled, operated and administered by BerkleyMed from our offices within the United States of America. If you access the Site from a location outside the United States of America, you are responsible for compliance with all local laws. You agree that you will not use the content on the Site in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
You agree to indemnify, defend and hold harmless BerkleyMed, its subsidiaries, affiliates, its officers, directors, employees, agents and third parties against or from any and all claims, demands, suits, complaints, losses, damages, liabilities, costs and expenses (including reasonable attorneys' fees) of every kind, nature and description relating to, arising out of or in connection with your use of or inability to use the Site or any services, if any, any user postings made by you, your violation of any of the Terms , any rights of a third party or any applicable laws, rules or regulations. BerkleyMed reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with BerkleyMed in asserting any available defenses.
THE SITE INCLUDING, WITHOUT LIMITATION, ALL INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS." BERKLEYMED AND/OR ITS LICENSEES, contractors, vendors, advisors, agents, or other representatives HEREBY EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND WHETHER, EXPRESS, IMPLIED OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
BERKLEYMED AND/OR ITS LICENSEES, contractors, vendors, advisors, agents, or other representatives MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. FURTHER, BERKLEYMED AND/OR ITS LICENSEES, contractors, vendors, advisors, agents, or other representatives MAKE NO WARRANTIES OR REPRESENTATIONS THAT THE SITE INCLUDING, WITHOUT LIMITATION, THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES AND RELATED GRAPHICS (I) MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS, (II) WILL BE ERROR-FREE, (III) WILL BE CONTINUOUSLY AVAILABLE, OR (IV) WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
Limitation of Liability
YOU AGREE AND UNDERSTAND THAT THE USE OF THE SITE IS AT YOUR SOLE RISK. YOU UNDERSTAND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM ANY MATERIAL DOWNLOADED FROM OR OTHERWISE PROVIDED THROUGH THE SITE OR NETWORK.
UNDER NO CIRCUMSTANCES WILL BERKLEYMED, its subsidiaries, affiliates, officers, directors, employees, agents, LICENSEES, contractors, vendors, advisors, agents, or other representatives LIABLE TO YOU OR ANYONE ELSE FOR ANY DAMAGES THAT RESULT OR ARISE FROM THIS SITE OR IN CONNECTION WITH ANY USE OF THE SITE.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL BERKLEYMED, its subsidiaries, affiliates, officers, directors, employees, agents, LICENSEES, contractors, vendors, advisors, agents, or other representatives BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF BERKLEYMED, its subsidiaries, affiliates, officers, directors, employees, agents, LICENSEES, contractors, vendors, advisors, agents, or other representatives HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. TO THE EXTENT THAT SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.
BerkleyMed reserves the right, in its sole discretion, to terminate or limit your access to the Site and the related services or any portion thereof at any time, without notice. Under no circumstances shall Berkley Med be liable to you or any other party for such termination or limitation of access to the Site. BerkleyMed may make improvements and/or changes in the Site at any time.
The Terms are governed by the laws of the State of Delaware and you hereby consent to the exclusive jurisdiction and venue of courts in Delaware in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and BerkleyMed as a result of the Terms or use of the Site. BerkleyMed's performance of the Terms is subject to existing laws and legal process, and nothing contained in the Terms is in derogation of BerkleyMed's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by BerkleyMed with respect to such use. If any part of the Terms is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Terms shall continue in effect.
Unless otherwise specified herein, the Terms constitutes the entire agreement between the user and BerkleyMed with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and BerkleyMed with respect to the Site. A printed version of the Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to the Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that the Terms and all related documents be written in English.
Changes to Terms
BerkleyMed reserves the right, in its sole and absolute discretion, to change the Terms under which the Site is offered. The most current version of the Terms will supersede all previous versions. BerkleyMed encourages you to periodically review the Terms to stay informed of our updates.
BerkleyMed welcomes your questions or comments regarding the Terms:
Berkley Medical Excess Underwriters
16305 Swingley Ridge Road; Suite 450
Chesterfield, Missouri 63017
Effective as of July 28, 2011