Terms of Use

Terms of Use

EFFECTIVE NOV 18, 2011

TERMS AND CONDITIONS OF USE AND ACCESS OF PROSIGHTSPECIALTY.COM

1. Acceptance of the Terms of Use

Welcome to the website of ProSight Specialty Insurance Group, Inc. (“ProSight”, “we”, “us” or “our”). The following terms and conditions (together with any documents referred to in them) (“Terms of Use”) apply to your use and access of www.prosightspecialty.com, its sub-domains and any content, functionality and services available therefrom (the “Website”).

Please read the Terms of Use carefully before you start to use the Website. By using the Website, you accept and agree to abide by these Terms of Use, and our Privacy Policy, the terms of which are incorporated into these Terms of Use. If you do not want to agree to these Terms of Use and the Privacy Policy, you must exit the Website.

2. Changes to the Terms of Use

We may revise and update these Terms of Use from time to time in our sole discretion. You are expected to check this page periodically to take notice of any changes we made, as they are binding on you. You can tell if these Terms of Use have changed or been updated by checking the effective date that appears above. Your continued use of the Website following the posting of revised Terms of Use means that you accept and agree to the changes.

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:

Company Statutory
Office
Administrative
Office
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
# 300
Scottsdale, AZ
85253 
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.

Unauthorized access to or use of the Website is a breach of these Terms of Use and a violation of law. You agree not to access the Website by any means other than through the World Wide Web by accessing our Website with a standard Internet browser (e.g. Internet Explorer, Firefox, etc.). The Website, its content and any software relating thereto is further subject to United States export controls. By accessing and using the Website and its content, you represent and warrant that you are not located in, under the control of, or a national or resident of any country from which access of the Website would be prohibited under United States law or on any prohibited or restricted list of the United States government or otherwise in violation of export control laws or regulations. The Website is not intended for children under the age of eighteen. By accessing and using the Website you warrant and represent that you are at least eighteen years of age.

6. Prohibited Uses

You may use the Website only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Website:
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.

If you print, copy, modify, download or otherwise use any part of the Website in breach of the Terms of Use, your right to use the Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title or interest in or to the Website or any content on the Website are transferred to you, and all rights not expressly granted are reserved by ProSight. Any use of the Website not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark and other laws.

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

We collect and use information about you in accordance with our Privacy Policy. By using the Website, you consent to such collection and use and you represent and warrant that all data provided by you is accurate.

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.

16. Indemnification

You agree to defend, indemnify and hold harmless ProSight, its affiliates, vendors, partners and each of their respective officers, directors, trustees, members, managers, employees, contractors, agents, licensors and representatives from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use of or access to the Website, including, without limitation, any use of the Website’s content, other than as expressly authorized in these Terms of Use or your use of or access to any information obtained from the Website.

17. Governing Law, Jurisdiction and Waiver of Jury

These Terms of Use and any dispute or claim arising out of, or related to, them, their subject matter or their formation (in each case, including non-contractual disputes or claims) shall be governed by and construed in accordance with the internal laws of the State of New Jersey without giving effect to any choice or conflict of law provision or rule (whether of the State of New Jersey or any other jurisdiction).

Any legal suit, action or proceeding arising out of, or related to, these Terms of Use or the Website shall be instituted exclusively in the Federal and State courts located within New Jersey. You agree to waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

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

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

19. Waiver and Severability

No waiver of these Terms of Use by ProSight shall be deemed a further or continuing waiver of such term or condition or any other term or condition, and any failure of ProSight to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

If any provision of these Terms of Use is held by a court of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

Our performance of the Terms of Use is subject to applicable law and legal process, and nothing contained in these Terms of Use is in derogation of our right to comply with governmental, judicial and law enforcement requests or requirements relating to your use and access of the Website or information provided to or collected by us with respect to such use.

20. Entire Agreement

The Terms of Use (including our Privacy Policy) constitute the sole and entire agreement between you and ProSight with respect to the Website and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Website.

21. Successors and Assigns

These Terms of Use shall be binding upon you and ProSight and your and our successors, assigns, executors, heirs and legal representatives (as applicable). You may not assign your rights or obligations under these Terms of Use without our prior written consent, and any purported assignment without such consent shall be void and of no force and effect.

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
Attn:Webmaster
inquiries@prosightspecialty.com

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.