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This
website is maintained by Everest Security Insurance Company on behalf
of itself and its affiliates (which are sometimes collectively referred
to as the "Everest Security", "Company," "we"
or "us"), for use by the insurance, reinsurance and investment
communities, as well as individuals interested in insurance information
(collectively referred to as " user", "you"
or "your"). Portions of this site may be unique to one
or more of Everest Re Group, Ltd. affiliates. You may not remove, alter, or block any copyright or other proprietary notice on this website or any other website maintained by us. Everest
Security and the Everest Re Group, Ltd. and its affiliates and services
referenced herein are either service marks or registered service
marks of Everest Security, Everest Re Group, Ltd. or its affiliates.
All trademarks and service marks Even
if your use of this website does not require a password, you agree
to obligate your employees, agents and others in your control to
abide by these Terms and Conditions and you agree to be responsible
for their compliance with these Terms and Conditions. We
may provide, or third parties may provide, links to other websites
or resources. Because we have no control over such websites and
resources, you agree that we are not responsible for the availability
of such external sites or resources, and we do not endorse and are
not responsible or liable for any content, advertising, products,
or other materials on or available from such sites or resources.
You further agree that we shall not be responsible or liable, directly
or indirectly, for any damage or loss caused or alleged to be caused
by or in connection with use of or reliance on any such content,
products or other materials on or available from any such website
or resource. THE MATERIALS IN THIS WEBSITE ARE PROVIDED "AS-IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. Information
contained on this website has been prepared as a convenience to
its users and is not intended to constitute advice upon which a
user may rely. We have used reasonable efforts in collecting, preparing
and providing information and material, but make no warranty or
guarantee about the accuracy, completeness, or adequacy of the information
contained in or linked to this website or any other website maintained
by us. Users relying on information from this website do so at their
own risk. Nothing
in this website is intended to provide any investment recommendation,
advice or service or constitute an offer to buy or sell any securities
or financial instruments. UNDER
NO CIRCUMSTANCES, REGARDLESS OF WHETHER BASED ON CONTRACT, TORT
OR NEGLIGENCE, OR IN LAW OR IN EQUITY, SHALL WE BE LIABLE TO YOU
OR ANY OTHER PERSON FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE
OR CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFITS) THAT ARISE OUT
OF OR ARE IN CONNECTION WITH ANY ERRORS, INACCURACIES, OMISSIONS,
DEFECTS, OR UNTIMELINESS OF ANY CONTENT ON THIS WEBSITE, OR THE
USE, INTERRUPTION OF USE, TERMINATION OF USE, OR INABILITY TO USE
THIS WEBSITE, THE MATERIALS IN THIS WEBSITE OR ANY OTHER WEBSITE
MAINTAINED BY US, OR OTHERWISE RELATING TO THIS WEBSITE, EVEN IF
WE OR AN AUTHORIZED REPRESENTATIVE OF US HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. In
some cases, we store the information needed to grant you access
in a cookie. Cookies allow the website to recognize you more quickly
so your time spent on this website is more productive. You will
find that cookies are an industry standard and are used at most
major websites in much the same way we use them in this website.
Harm to minors. Using this website to harm, or attempt to harm, minors in any way; Threats. Using this website to transmit any material (by email, uploading, posting, or otherwise) that threatens or encourages bodily harm or destruction of property; Harassment. Using this website to transmit any material (by email, uploading, posting, or otherwise) that harasses another; Fraudulent activity. Using this website to make fraudulent offers to sell or buy products, items, or services or to advance any type of financial scam such as "pyramid schemes," "ponzi schemes," and "chain letters;" Forgery or impersonation. Adding, removing or modifying identifying network header information in an effort to deceive or mislead, or attempting to impersonate any person by using forged headers or other identifying information; Unsolicited commercial email/Unsolicited bulk email. Using this website to transmit any unsolicited commercial email or unsolicited bulk email, or facilitating unsolicited commercial email or unsolicited bulk email whether or not that email is commercial in nature; Unauthorized access. Using this website to access, or to attempt to access, the accounts of others, or to penetrate, or attempt to penetrate, our security measures or another entity's computer software or hardware, electronic communications system, or telecommunications system, whether or not the intrusion results in the corruption or loss of data; Copyright or trademark infringement. Using this website to transmit any material (by email, uploading, posting, or otherwise) that infringes any copyright, trademark, patent, trade secret, or other proprietary rights of any third party, including, but not limited to, the unauthorized copying of copyrighted material, the digitization and distribution of photographs from magazines, books, or other copyrighted sources, and the unauthorized transmittal of copyrighted software; Collection of personal data. Using this website to collect, or attempt to collect, personal information about third parties without their knowledge or consent; Reselling the services. Reselling access, any content or any aspect of this website without our authorization; and Network disruptions and unfriendly activity. Using this website for any activity which adversely affects the ability of other people or systems to use the website, including "denial of service" attacks against another network host or individual user, interfering with or disrupting other network users, network services or network equipment. We may take any one or more of the following actions in response to actual or suspected violations above: issue
warnings: written or verbal; We
may cooperate with legal authorities and/or third parties in the
investigation of any suspected or alleged crime or civil wrong.
These Terms and Conditions, the Privacy Policy and the Company's other policies posted on this website constitute the entire agreement between you and the Company with respect to your use of this website and may be amended only: (i) by an authorized officer of the Company "executing a writing" amending these Terms and Conditions; or (ii) the Company posting a revised statement of these Terms and Conditions, the Privacy Policy and any other user policies and agreements. Users are deemed to be aware of and bound by any such changes. We shall not be deemed to have waived any rights or remedies accruing to it hereunder without "executing a writing" regarding such waiver. No delay or omission by us in exercising any right shall operate as a waiver of said right on any future occasion. For purposes hereof and notwithstanding any law recognizing electronic signatures or records, "executing a writing" shall mean only an amendment or waiver in a tangible form bearing an actual "wet" signature in ink manually applied by each party's authorized representative, unless both parties agree otherwise by making a specific reference to this Article. All rights and remedies hereunder shall be cumulative and may be exercised singularly or concurrently. This Agreement is governed by New Jersey law without regard to conflict of law provisions. The federal and state courts located in New Jersey alone have jurisdiction over all disputes arising out of or relating to this Agreement and the website. You consent to the personal jurisdiction of such courts sitting in the aforementioned State with respect to such matters or otherwise between you and us, and waive your rights to removal or consent to removal. Any provision of these Terms and Conditions that by their nature extend beyond the expiration of this agreement shall survive expiration or termination of this agreement and shall remain in effect until all such obligations are fully satisfied. If
any provision of these Terms and Conditions or the application thereof
to any party or circumstances shall, to any extent, are found to
be unenforceable, the remainder of these Terms and Conditions shall
remain valid and enforceable. |
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