Terms and Conditions
Your agreement
By visiting the website firstspecialty.com (the “First Specialty Excess Site”), viewing, accessing or otherwise using any of the services or information created, collected, compiled or submitted to United Excess Underwriters LLC or First Specialty Excess (collectively referred to as “First Specialty Excess”) or to the Website, you agree to be bound by the following Terms and Conditions of Service (“Terms”). If you do not agree to, you are not authorized to visit the First Specialty Excess Site and your only option is not to visit, view or otherwise use the services of First Specialty Excess or the Website. You understand, agree and acknowledge that these Terms constitute a legally binding agreement between you and First Specialty Excess and that your use of the First Specialty Excess Site confirms your conclusive acceptance of this agreement.
You agree and acknowledge that First Specialty Excess reserves the right in its sole discretion to modify, improve or discontinue any of its services or Terms at any time without notice to you even if it may result in you being prevented from accessing any information contained in the First Specialty Excess Site. Continued use of the First Specialty Excess Site following any change to our services or Terms constitutes your acceptance of those changes. Furthermore, you agree and acknowledge that First Specialty Excess may provide services to you through subsidiaries or affiliated entities.
You acknowledge and agree that the First Specialty Excess Site may contain proprietary and confidential information including trademarks, service marks and patents protected by intellectual property laws and international intellectual property treaties. First Specialty Excess authorizes, and the First Specialty Excess Site permits you to view and make a single copy of portions of its content for offline, personal, non-commercial use. Our content may not be sold, reproduced, or distributed without our written permission. Any third-party trademarks, service marks and logos are the property of their respective owners. First Specialty Excess claims no copyright in any government or other public domain content that may be on the First Specialty Excess Site. Any further rights not specifically granted herein are expressly reserved to First Specialty Excess.
At times you may submit concepts, know-how, techniques, suggestions, and materials (collectively “Submission(s)”). Except as expressly provided in our Privacy Policy, in a separate written agreement between you and First Specialty Excess, or otherwise expressly stated, by submitting any Submission, whether solicited by us or not, you are automatically granting First Specialty Excess a royalty-free, perpetual, non-exclusive, unrestricted, worldwide license to use, reproduce, modify, adapt, publish, translate, publicly perform and display, create derivative works from and distribute such materials and/or ideas or incorporate such materials and/or ideas into any form, medium, or technology now known or later developed.
The Terms of this agreement will continue to apply in perpetuity until terminated by either party without notice at any time for any reason. Terms that are to continue in perpetuity shall be unaffected by the termination of this agreement.
THE FIRST SPECIALTY EXCESS SITE AND ALL MATERIALS, INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE FIRST SPECIALTY EXCESS SITE (THE “CONTENT”) ARE PROVIDED “AS IS” AND “AS AVAILABLE” FOR YOUR USE. THE FIRST SPECIALTY EXCESS SITE INCLUDING CONTENT ARE PROVIDED WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. FIRST SPECIALTY EXCESS DOES NOT WARRANT THAT THE FIRST SPECIALTY EXCESS SITE AND CONTENT ARE ACCURATE, COMPLETE, RELIABLE, CORRECT, OR FREE FROM ERROR OR OMISSIONS; THAT THE FIRST SPECIALTY EXCESS SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE FIRST SPECIALTY EXCESS SITE AND CONTENT ARE FREE OF VIRUSES OR OTHER HARMLESS COMPONENTS. FIRST SPECIALTY EXCESS EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES OF TITLE AND/OR NON-INFRINGEMENT RELATED TO THE FIRST SPECIALTY EXCESS SITE. YOUR USE OF THE FIRST SPECIALTY EXCESS SITE IS SOLELY AT YOUR OWN RISK.
You understand and agree that under no circumstances will First Specialty Excess and any of its subsidiaries or affiliates be liable for any direct, indirect, incidental, consequential, or exemplary damages. This includes, but is not limited to damages for loss of profits, business interruption, business reputation or goodwill, loss of programs or information or other intangible loss arising out of the use of or the inability to use the service, or information, or any permanent or temporary cessation of such service or access to information, or the deletion or corruption of any content or information, or the failure to store any content or information whether the alleged liability is based on contract, tort, negligence, strict liability or some other basis. The above limitation shall apply whether or not First Specialty Excess has been advised of or should have been aware of the possibility of such damages. In jurisdictions where the exclusion or limitation of liability for consequential or incidental damages is not allowed, the liability of First Specialty Excess is limited but only to the extent permitted by law.
The First Specialty Excess Site may include hyperlinks to third-party content, advertising or websites. You acknowledge and agree that First Specialty Excess is not responsible for and does not endorse any advertising, products or resource available from such resources or websites.
You expressly understand and agree to submit to the personal and exclusive jurisdiction of the courts of the country, state, province or territory determined solely by First Specialty Excess to resolve any legal matter arising from this agreement or related to your use of the First Specialty Excess Site. If the court of law having jurisdiction, rules that any provision of the agreement is invalid, then that provision will be removed from the Terms and the remaining Terms will continue to be valid.
It is a condition of your use of the First Specialty Excess Site that you do not:
-
Use it for any illegal purposes (or to solicit any illegal act);
-
Restrict or inhibit any other user from using and enjoying the First Specialty Excess Site;
-
Post or transmit an unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, harassing, pornographic, profane, or indecent information of any kind, including images and language or unlawful material or any material that could constitute or encourage conduct that would be considered a criminal offense or give rise to civil liability, or otherwise violate any law;
-
Post or transmit any message with bigoted, hateful, or racially offensive statements;
-
Use the site or its services for the purposes of sending junk email, chain letters, duplicative or unsolicited messages or “spamming,” or in connection with contests, surveys, or pyramid schemes;
-
Try to gain unauthorized access to a First Specialty Excess Site, other users’ accounts, or computers connected to the First Specialty Excess Site through password mining or other means; or
-
Interfere with another user’s use and enjoyment of the First Specialty Excess Site or any other individual’s use and enjoyment of related services.
We may change, suspend or discontinue any aspect of our online services at any time, including the availability of any feature, database, or content available at the First Specialty Excess Site. First Specialty Excess may also impose limits on certain features and services or restrict your access to parts or all of the First Specialty Excess Site without notice of liability.
The information provided on the First Specialty Excess site is for general informational purposes only, and questions about any law, statute, or regulation should be directed to an attorney with expertise in the relevant area.
You understand and agree that the above Terms constitute the entire general agreement between you and First Specialty Excess. You may be subject to additional Terms and conditions when you use, purchase or access other services, affiliate services or third-party content or material.