EFFECTIVE NOV 18, 2011
TERMS AND CONDITIONS OF USE AND ACCESS OF PROSIGHTSPECIALTY.COM
3. ProSight Specialty Insurance Group
The Website is owned and maintained by ProSight on behalf of itself and its affiliates (collectively, with ProSight, the “ProSight Specialty Insurance Group”), consisting of the following insurance [and reinsurance] companies:
|State of Domicile||NAIC Number||Jurisdictions Where Authorized To Do Business|
|New York Marine and General Insurance Company||59 Maiden Lane, 27th Floor, New York, NY 10036||412 Mt. Kemble Ave., Ste 300C, Morristown, NJ 07960||New York||16608||All 50 States and the U.S. Virgin Islands|
|Southwest Marine and General Insurance Company||8601 N. Scottsdale Road
|412 Mt. Kemble Ave., Ste 300C, Morristown, NJ 07960||Arizona||12294||Admitted in the District of Columbia and 36 states; excess and surplus lines insurer in New York.|
|Gotham Insurance Company||59 Maiden Lane, 27th Floor, New York, NY 10036||412 Mt. Kemble Ave., Ste 300C, Morristown, NJ 07960||New York||25569||Admitted in New York; surplus lines insurer in remaining states (except IN) and the District of Columbia
4. Availability of Products and Services
In accordance with various insurance laws and other regulatory restrictions, insurance products and services referenced on the Website may not be available or suitable for all jurisdictions and may not be offered by all of the insurers within the ProSight Specialty Insurance Group.
Except as expressly stated herein, the information contained on this Website is not an offer to sell or a solicitation to purchase any insurance product or other product or service by the ProSight Specialty Insurance Group. Rather, the information on our products and services is provided to you so you can learn what products the ProSight Specialty Insurance Group generally offers. Please contact a designated ProSight Specialty Insurance Group representative or your broker to find out which products and services are available to you in your jurisdiction. We may make improvements and/or changes to the products, services and/or programs described on this Website at any time without notice.
The Website does not amend, modify or supplement any insurance policy. Consult the actual policy, your agent or contact us for the name of an agent who can supply you with details regarding terms, conditions, coverages, exclusions, products, services and programs which may be available to you. Your eligibility for particular products and services is subject to final determination of underwriting qualifications and acceptance by the ProSight Specialty Insurance Group’s underwriting company providing such products or services.
5. Accessing the Website and Account Security
Access to the Website is permitted on a temporary basis, and we reserve the right to withdraw or amend any service we provide on the Website in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period.
6. Prohibited Uses
In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter” or “spam” or any other similar solicitation.
To impersonate or attempt to impersonate ProSight or a ProSight employee, another user, or person or entity (including, without limitation, the use of e-mail addresses associated with any of the foregoing).
To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, may harm ProSight or users of the Website or expose them to liability.
Additionally, you agree not to:
Use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Website, including their ability to engage in real time activities through the Website.
Manipulate or otherwise display the Website by using framing, mirroring or similar navigational technology.
Link to the Website or in any way that could damage our reputation or take advantage of it or in any manner that suggests any form of association, approval or endorsement on our part where none exists.
Use any manual process to monitor or copy any of the material on the Website or for any other unauthorized purpose without our prior written consent.
Use any device, software or routine that interferes with the proper working of the Website.
Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.
Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer or database connected to the Website.
Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
Otherwise attempt to interfere with the proper working of the Website.
7. Reliance on Information Posted
The information presented on or through the Website is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.
The Website may from time to time contain forward-looking statements. Any written or oral statements made by or on behalf of ProSight or any of its affiliates 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.
8. Intellectual Property Rights
The entire contents of the Website (including all information, software, text, displays, images, video and audio) and the design, selection and arrangement thereof, are owned or licensed by ProSight and are protected by United States and international laws regarding copyrights, trademarks, trade secrets and other intellectual property or proprietary rights.
You are permitted to use the Website for your personal use only. You must not copy, modify, create derivative works of, publicly display or perform, republish, download or store, or transmit any of the material on the Website without our prior written consent, except to: (i) store copies of such materials temporarily in RAM; (ii) store files that are automatically cached by your Web browser for display enhancement purposes; or (iii) print a reasonable number of pages of the Website for a permitted use.
You must not: (i) modify the paper or digital copies of any materials from the Website; (ii) use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text; or (iii) delete or alter any copyright, trademark and other proprietary notices appearing on such materials.
You must not reproduce, sell or exploit for any commercial purposes any part of the Website, access to the Website or use of the Website or any services or materials available through the Website without obtaining a license to do so from us or our applicable licensor.
9. Our Trademarks
Our name, the terms ProSight Specialty Insurance, the ProSight logo and all related names, logos, product and service names, designs and slogans are trademarks of ProSight or its affiliates or licensors. You must not use such marks without our prior written permission. All other names, brands and marks are used for identification purposes only and are the trademarks of their respective owners.
10. Changes to the Website
We may update the Website from time to time, but its content is not necessarily complete or up-to-date. We may change the Website at any time with or without notice. We may suspend access to the Website, or close it indefinitely. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material.
11. Information About You and Your Visits to the Website
12. Links from the Website
The Website contains links to other sites and resources provided by third parties. For example, the Website may include links to articles about us that appear on news websites that are operated by third parties. Please note that all links to third party sites and resources are provided for your convenience and do not constitute sponsorship, endorsement or approval by ProSight of the content, policies or practices of such linked sites and resources. Linked sites and resources are not operated, controlled or maintained by us, and we are not responsible for the availability, content, security, policies or practices of linked sites and resources including, without limitation, privacy policies and practices. If you decide to access any of the third party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
13. Geographic Restrictions
The owner of the Website is based in the state of New Jersey in the United States. We provide this Website for use only by persons located in the United States. We make no claims that the Website or any of its content is accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
14. Disclaimer of Warranties
You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF OR ACCESS TO THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
YOUR USE AND ACCESS OF THE WEBSITE AND ITS CONTENT IS AT YOUR OWN RISK. THE WEBSITE AND ITS CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER PROSIGHT NOR ANY PERSON ASSOCIATED WITH PROSIGHT MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER PROSIGHT NOR ANYONE ASSOCIATED WITH PROSIGHT REPRESENTS OR WARRANTS THAT THE WEBSITE OR ITS CONTENT WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITE OR ITS CONTENT WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
WE HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
15. Limitation on Liability
IN NO EVENT WILL PROSIGHT, ITS AFFILIATES OR THEIR RESPECTIVE LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OR ACCESS, OR INABILITY TO USE OR ACCESS, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.
Because some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, parts of the above limitation may not apply to you. In such jurisdictions, our liability shall be limited to the greatest extent permitted by applicable law. Check your local laws for any restrictions or limitations regarding the limitation of liability for consequential or incidental damages.
17. Governing Law, Jurisdiction and Waiver of Jury
To the extent permitted by law, if any dispute or claim results in a lawsuit, you and we knowingly and voluntarily agree that a judge, without a jury, will decide the case. YOU UNDERSTAND AND KNOWINGLY AND VOLUNTARILY AGREE THAT YOU AND WE ARE WAIVING THE RIGHT TO A TRIAL BY JURY.
18. Limitation on Time to File Claims
19. Waiver and Severability
20. Entire Agreement
21. Successors and Assigns
22. Your Comments and Concerns
If you have questions or comments, please contact us at:
ProSight Specialty Insurance Group, Inc.
412 Mt Kemble Avenue, Suite 300C
Morristown, NJ 07960
The Website is © 2011 – ProSight Specialty Insurance Group, Inc. and its licensors (as applicable), all rights reserved. ProSight Specialty™ and its associated logo are service marks of ProSight Specialty Insurance Group, Inc. and may not be used or displayed in any manner without its prior written consent in each instance.