Legal

Terms of Use and Privacy Policy

TERMS OF USE

Acceptance of Terms

By using this website, you acknowledge your agreement to the following terms and conditions, without limitation or qualification. Please read these terms carefully. These Terms of Use may be changed, modified, supplemented, or updated at any time, with or without advance notice. You agree to be bound by any such modifications. It is your responsibility to visit the link at the top of the Berkley Industrial Comp home page periodically to review the most current terms and conditions. If you do not agree with these Terms of Use, you should immediately stop using this website.

This website is owned and maintained by Berkley Industrial Comp. We are a member of the W. R. Berkley Corporation enterprise of affiliated companies (collectively, the “Company”). The following terms and conditions apply to all users of this website, though we may choose to add to or supersede certain provisions herein with other provisions located in other parts of this website. You further acknowledge that the current Terms of Use, Online Privacy Policy, and other policies posted on this website constitute the entire agreement between you and Berkley Industrial Comp in connection with your use of this website, and the content and software herein. You represent and warrant that any information you provide via the website or electronic mail is true and accurate to the best of your knowledge.

Disclaimer

To the fullest extent permissible pursuant to applicable law, the materials and software on this website are provided on an “as is” or “as available” basis and without warranties of any kind, either express or implied. Berkley Industrial Comp disclaims all warranties, express or implied, including, but not limited to, any implied warranties of merchantability and fitness for a particular purpose. Berkley Industrial Comp does not warrant that the website’s functions will be uninterrupted, noninfringing, or error-free, that any such defects will be corrected, or that this website or the server that makes it available are free of viruses or other harmful components.

All information on this website, including all educational materials, informational materials, loss runs and/or other reports, is for general informational purposes only, and is not offered as legal, accounting or other professional advice.

The descriptions of Berkley Industrial Comp products and services on this website, including any sample forms or wordings, are not necessarily intended to be complete descriptions of all applicable terms, exclusions, and conditions and are provided solely for general informational purposes. Any statement regarding insurance coverage herein is subject in all respects to the specific terms and conditions of the actual applicable policy or product or service agreement. Complete policy terms are available upon request.

While Berkley Industrial Comp uses reasonable efforts to include accurate and up-to-date information on this website, errors or omissions sometimes do occur. Berkley Industrial Comp does not warrant or make any representations regarding the use or the results of the use, of any of the materials on this website in terms of their correctness, accuracy, reliability, or otherwise. Planning tools on this website, including loss run reports, are available only as a convenience to users and are not intended to generate advice or recommendations upon which a user may rely.

Limitation of Liability

To the fullest extent permissible pursuant to applicable law, you understand and agree that under no circumstances, including, but not limited to, negligence, shall Berkley Industrial Comp or the Company be liable to you for any direct, indirect, incidental, special, consequential, exemplary, or punitive damages that result from the use of, or the inability to use, the materials on this website, even if Berkley Industrial Comp or the Company or an authorized representative of Berkley Industrial Comp or the Company has been advised of the possibility of such damages. Berkley Industrial Comp also assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect, your computer equipment or other property as a result of your access to, use of, or browsing of this website or your downloading of any materials, data, text, images, video, or audio from this website. Some states do not allow the limitation of liability, so the foregoing limitation may not apply to you.

You agree to indemnify, defend, and hold harmless Berkley Industrial Comp and the Company from and against any and all losses, liabilities, expenses, damages, and costs, including reasonable attorneys’ fees and court costs, arising or resulting from your use of this website or any violation of these Terms of Use. If you cause a technical disruption to the website or the systems transmitting the site to you or others, you agree to be responsible for any and all losses, liabilities, expenses, damages, and costs, including reasonable attorneys’ fees and court costs, arising or resulting from that disruption. Berkley Industrial Comp reserves the right, at its own expense, to assume exclusive defense and control of any matter otherwise subject to indemnification by you and, in such case, you agree to cooperate with Berkley Industrial Comp in the defense of such matter.

Third Party Content

This website may contain hyperlinks to other websites which are not owned or maintained by Berkley Industrial Comp. Berkley Industrial Comp is not responsible for the content or privacy practices of such websites. These hyperlinks are provided solely for your convenience, and do not imply Berkley Industrial Comp’s approval or endorsement of such sites or the content therein. We do not control such websites, and assume no responsibility for their content or accuracy [even though Berkley Industrial Comp’s name or logo may appear on certain pages of such third party sites]. We accept no liability for any information, products, advertisements, content, services, or software accessible through such third party websites or for any action you may take as a result of linking to any such website. We recommend that you carefully read the privacy policies and user agreements of these sites, which will solely govern your use thereof.

Ownership of Information

With the exception of personal data (which shall be maintained in accordance with our Online Privacy Policy), any information you transmit to Berkley Industrial Comp via this website, by electronic mail, direct entry, submission, or otherwise, including data, questions, comments, or suggestions, will be treated as non-confidential and non-proprietary and will become the property of Berkley Industrial Comp. Such information may be used for any purpose, including, but not limited to, reproduction, solicitation, disclosure, transmission, publication, broadcast, and posting. Berkley Industrial Comp shall be free to use any ideas, concepts, know-how, or techniques contained in any communication you send to Berkley Industrial Comp via this website or by any other means for any purpose whatsoever, including, but not limited to, developing and marketing products using such information. Berkley Industrial Comp may modify or discontinue any of the materials, content, or software, or any portion thereof, that appears on this website at its discretion, with or without notice. Neither Berkley Industrial Comp nor the Company will be liable to you or any third party for the effects of any such modification or discontinuance.

Consent to Communicate Electronically

By utilizing or providing your contact details through the Berkley Industrial Comp website, you are consenting to receive communications from us electronically. You acknowledge that electronic communications may not be encrypted and there is a risk that data, including e-mail, electronic and wireless communications and personal data, may be accessed by unauthorized third parties. We may communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

Users who do not wish to be contacted electronically may revoke this consent by notifying [email protected].

Restrictions on Use of Materials

This website is owned and operated by Berkley Industrial Comp. Except where otherwise indicated, all materials and software contained in this website, as well as their collection, arrangement, and assembly, are the copyrighted property of Berkley Industrial Comp or the Company and are protected by U.S. and international copyright laws. No materials from this website may be copied, reproduced, republished, uploaded, posted, transmitted, distributed, or otherwise commercially exploited in any way, except with the express written consent of Berkley Industrial Comp. You may download material displayed on this website for your personal use only, provided that you do so without alteration, for non-commercial purposes only, and that all copyright and other proprietary notices appear in all copies in the same manner as the original. All other uses are prohibited.

You may not distribute, modify, transmit, reuse, repost, or use the content of this website for public or commercial purposes, including the text, images, audio, and video, without Berkley Industrial Comp’s prior written permission. We neither warrant nor represent that your use of materials displayed on this website will not infringe rights of third parties.

You are prohibited from: (i) using this website for any unlawful, unauthorized, fraudulent, or malicious purpose; (ii) using this site in a method that could damage, disable, overburden, or impair any server, or any network connected to a server; (iii) interfering with another person’s use and enjoyment of this website; (iv) using data mining, robots, or similar data gathering and extraction tools with respect to any portion of the website; (v) gaining unauthorized access to accounts, computer systems, or networks connected to any server or systems; or (vi) accessing materials, systems, data, or information not intended by Berkley Industrial Comp to be accessible to you or through any means not intentionally made available Berkley Industrial Comp.

In addition, in using this website, you agree you will not: (i) upload or transmit any material that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, or otherwise objectionable, or that may invade another’s right of privacy or publicity; (ii) create a false identity for the purpose of misleading others or impersonate any person or entity, including but not limited to any Company representative, or falsely state or otherwise misrepresent your affiliation with a person or entity; (iii) upload or transmit any material that you do not have a right to reproduce, display, or transmit under any law or under contractual or fiduciary relationships (such as nondisclosure agreements); (iv) upload or introduce files that contain viruses, trojan horses, worms, time bombs, cancel-bots, corrupted files, or any other similar software or programs that may damage the operation of another’s computer or the property of another; (v) upload or transmit any unsolicited advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes” or any other form of solicitation, commercial or otherwise; (vi) violate any applicable local, state, national, or international law or regulation; (vii) upload or transmit material that infringes any patent, trademark, service mark, trade secret, copyright, or other proprietary right of any party; or (viii) harvest or otherwise collect information about others, including e-mail addresses.

Berkley Industrial Comp reserves the right to take any lawful action it deems appropriate in response to any actual or suspected violations of these terms, including but not limited to the suspension or termination of the user’s access to the website and/or account. Berkley Industrial Comp may cooperate with legal authorities and/or third parties in the investigation of any suspected or alleged crime or civil wrong. Except as expressly limited by the Online Privacy Policy, we reserve the right to disclose any information that we deem necessary to satisfy any applicable law, regulation, legal process, or governmental request, or as otherwise permitted by law. We also reserve the right to edit, remove, or refuse to post any materials or information, in whole or in part, at our sole discretion.

Trademarks

All trademarks, service marks, trade names, logos, and icons are proprietary to Berkley Industrial Comp and/or the Company. This proprietary information includes the berkindcomp.com logos, page headers, graphics and button icons. Use of the trademarks, service marks, trade dress, or other logos displayed on this website, without prior written authorization of Berkley Industrial Comp or as otherwise provided herein, is strictly prohibited.

Proprietary Software

Any software accessible through this website is the property of Berkley Industrial Comp, the Company, or outside suppliers, and is protected by U.S. intellectual property laws and/or international treaties. Use of this software other than to utilize and navigate this website for its intended functions is prohibited, and you agree not to access this website’s content by any means other than the interface Berkley Industrial Comp has provided. You agree not to copy, distribute, publicly display, alter, modify, decompile, disassemble, or reverse engineer or otherwise attempt to discover the source code of this software. Berkley Industrial Comp does not authorize the downloading or exportation of any software or technical data from this website to any jurisdiction where such activity is prohibited by export laws and regulations. Accordingly, you shall not copy, transfer, or export this software in violation of any applicable export laws and regulations.

Passwords and Security

Berkley Industrial Comp requests that you do not send it any information that you consider to be confidential or proprietary through this website or by email. You acknowledge that there is a risk that information provided through the website may be accessed by unauthorized third parties because such information is not encrypted (except where explicitly indicated otherwise). Please note that if you do send us any such information or material, we will assume it is not confidential. By sending us information or material, you grant Berkley Industrial Comp an unrestricted, irrevocable license to use, reproduce, display, perform, modify, transmit, and distribute this material or information, and you also agree that Berkley Industrial Comp is free to use any ideas, concepts, know-how, or techniques that you send us for any purpose.

You acknowledge that you must have an authorized username and password to access portions of this site. You agree to provide true, accurate, current, and complete information about yourself. You also agree not to impersonate any person or entity, misrepresent any affiliation with another person, entity, or association, use false headers, or otherwise conceal your identity from us for any purpose. You authorize Berkley Industrial Comp to process any and all account transactions initiated through the use of your username and password. For your protection and the protection of our other customers and website users, you may not share your username and passwords with any other person for the purpose of facilitating their access and unauthorized use of this website. You are solely responsible for maintaining the confidentiality of your username and password. You acknowledge and agree that you are responsible for any unauthorized activities, charges, damages, and/or liabilities made through the use of your username and password. In no event will Berkley Industrial Comp or the Company be liable for the unauthorized use or misuse of your username or password. If you do share your account information with anyone, we will consider their activities to have been authorized by you.

You agree to (a) immediately notify Berkley Industrial Comp of any unauthorized use of your account or any other breach of security of which you become aware, and (b) exit completely from your account at the end of each online session. Berkley Industrial Comp and the Company will not be liable for any losses that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by Berkley Industrial Comp or another party resulting from someone else’s use of your account or password. You may not use anyone else’s account at any time, with or without the permission of the account holder.

Portions of this website which must be accessed using a password may contain proprietary and confidential information owned by Berkley Industrial Comp, including but not limited to information included in web-based seminars, industry data, and technical and marketing information (“Berkley Industrial Comp Confidential Information”). By accessing Berkley Industrial Comp Confidential Information, you agree to keep this information confidential and to use the information solely for the purpose of maintaining your account and conducting business with Berkley Industrial Comp.

You also agree to be careful with this information, and to disclose it to other employees within your company solely on a “need to know” basis. Such employees shall be instructed and agree not to disclose Berkley Industrial Comp Confidential Information and not to use it for any purpose not permitted by these Terms of Use. You will not alter, decompile, disassemble, reverse engineer, or otherwise modify any Berkley Industrial Comp Confidential Information that you receive.

Privacy Policy

Our Online Privacy Policy describes Berkley Industrial Comp’s collection, use, and protection of nonpublic personal information obtained from users of this website. This Privacy Policy will help you to understand how we secure and protect the information we collect, and we urge you to read it.

Jurisdictional Issues

Except as expressly stated herein, the information contained on this website is not an offer to sell or a solicitation of an offer to buy any security, insurance product, or other product or service by Berkley Industrial Comp or the Company. No security, insurance product or other product or service is offered or will be sold by Berkley Industrial Comp or the Company or, if sold by such entity, will be effective in any jurisdiction in which such offer, solicitation, purchase, or sale would be unlawful under the securities, insurance, or other laws of such jurisdiction. Those who choose to access this website do so by their own initiative and are responsible for compliance with local laws. Unless otherwise expressly set forth herein, Berkley Industrial Comp makes no representation that the materials on this website are appropriate or available for use in any location. Due to various insurance and other regulatory restrictions, certain products and services described on this website may vary by jurisdiction and may not be available in or suitable for all jurisdictions. Further, we make no representation that materials on this website are appropriate for use outside the United States, or that access to this website’s content is legal in all countries and/or territories. You may not use this website or export its materials in violation of United States export laws and regulations. Please contact a designated representative of Berkley Industrial Comp or your broker to find out which products and services are available to you in your jurisdiction.

Safe Harbor Statement. This website may from time to time contain forward-looking statements within the meaning of the Private Securities Litigation Reform Act of 1995 (U.S.), which provides a statutory “safe harbor” for forward-looking statements. Any written or oral statements made by or on behalf of the Company 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. Please refer to W. R. Berkley Corporation’s filings with the U.S. Securities and Exchange Commission, including the most recent Forms 10-K and 10-Q, and any Forms 8-K since the most recent Form 10-K, for further information on such uncertainties and inherent risks and the “safe harbor” under the Private Securities Litigation Reform Act of 1995.

Choice of Law

These Terms of Use are governed by the laws of the State of Alabama and controlling United States federal law without regard to any conflicts of law provisions, unless such law cannot be applied in a particular jurisdiction under prevailing applicable law. Unless a dispute would be governed by the arbitration clause below, you agree to submit to the personal and exclusive jurisdiction of the courts located within the City of Birmingham and County of Jefferson, Alabama. If any provision herein is deemed by a court of competent jurisdiction to be unlawful or unenforceable, it will not affect the validity and enforceability of the remaining provisions. The section headings are for convenience only and do not have any force or effect.

Agreement to Arbitrate

Any controversy or claim arising out of or relating to these Terms of Use or use of this website shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association, except that, to the extent you have in any manner violated or threatened to violate Berkley Industrial Comp or another member of the Company’s intellectual property rights, we may seek injunctive or other appropriate relief in any state or federal court in Alabama, and you consent to exclusive jurisdiction and venue in such courts. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. You agree that the arbitration shall be conducted in Birmingham Alabama and that any action to enforce this arbitration provision will be brought in the federal or state courts located in Alabama. Either you or Berkley Industrial Comp may seek any interim or preliminary relief from a state or federal court of competent jurisdiction in Alabama, as may be necessary to protect the rights or property of you or Berkley Industrial Comp pending the completion of arbitration. You agree that, if you are not the prevailing party in such arbitration, you will bear its cost.

Updates

Berkley Industrial Comp reserves the right to change these Terms of Use in order to address future developments of Berkley Industrial Comp, the Company, or the website, or changes in industry or legal trends.

Website Privacy Policy

Overview

This website is owned and maintained by Berkley Industrial Comp, a member of the W. R. Berkley Corporation enterprise of affiliated companies (collectively, the “Company”). This Online Privacy Policy (“Policy”) sets forth Berkley Industrial Comp’s data collection and use policies with respect to visitors to this website. By using this website, you acknowledge your acceptance of this Policy.

This Policy applies only to information received and collected by Berkley Industrial Comp through this website.

Berkley Industrial Comp respects the privacy of our website visitors, and we are committed to protecting our visitors’ personal information. We want you to understand how and why we collect, use, and disclose the information we obtain about you from this website.

Personal Information Berkley Industrial Comp Collects Online

Through this website, we may collect two types of information: non-personal information and personal information. Personal information is information that identifies or can be readily associated with a particular individual.

Personal information might include: your name, age, phone number, address, Social Security number, or e-mail address. We do not collect any personal information about you through this website unless you voluntarily provide it to us. If you encounter a screen or page that requests information you do not want to share with us, do not enter the information and do not proceed with that screen or page.

The personal information we collect may vary depending on how you use our website. Such information may include information we receive from individuals, such as their name, address, age, phone number, social security number, income, or beneficiaries; Berkley Industrial Comp may collect information, including your name, address, phone number, and e-mail address that personally identify you in connection with establishing and maintaining your user account. When you access this website using a User ID and password, we may use the personal information associated with your User ID and password to identify you as a user and track your activities on this website.

How Berkley Industrial Comp Uses the Personal Information It Collects

We may use the information we collect to respond to e-mails, provide customer support, and other similar business purposes.

We do not disclose any personal information to anyone except as is necessary to provide our products or services to a person, or otherwise as we are required or permitted by law. In certain instances, we may release information collected through this website in order to comply with requests from law enforcement or government agencies, to enforce the Terms of Use or other agreements herein, or to protect customers and others. We may disclose this information when we believe in good faith that disclosure is necessary or advisable, including, for instance, to identify, contact, or bring legal action against someone who may be causing injury to or interfering with the rights or property of Berkley Industrial Comp, another user, or anyone else that could be harmed by such activities.

Personal information you provide through this website may be combined with other personal information that we collect or receive about you through other methods, and such combined personal information may be used as described in this Policy.

Collection and Use of Non-Personal Information

Non-personal information is information that does not identify an individual and cannot be readily associated with a particular individual.

Certain information is automatically collected when you visit our website. For example, we may collect information to track the number of visitors we receive and the way that visitors navigate the website. Information collected may include the date and time you accessed the website, the page or pages you visited and images you accessed, the name of any other website that referred you to the Berkley Industrial Comp website, as well as your IP address, operating system, browser type, and type of computer. We may share this aggregated information with our affiliates and/or third parties. We reserve the right to use non-personal information in order to investigate unlawful conduct and/or breaches of this Policy and this website’s Terms of Use.

Data may be gathered using cookies and other similar technologies. A “cookie” is a piece of data that a web server may place on your computer when you visit a website. Cookies are commonly used by websites to improve the user experience. Many cookies last only through a single website session, or visit. Others may have an expiration date, or may remain on your computer until you delete them. Our cookies will track only your activity relating to your online activity on this website. Our cookies do not gather personal information.

We may use cookies on this website for a number of purposes – for example, to maintain continuity during a user session, to gather data about the usage of our website for research and other purposes, to store your preferences for certain kinds of information and marketing offers, or to store a user name or encrypted identification number so that you do not have to provide this information every time you return to our website. We may also use other companies to set Berkley Industrial Comp cookies on this website in order to gather cookie information for us, and we use such cookie information in the same manner as stated above.

You can decide if and how your computer will accept a cookie by configuring your preferences or options in your browser. You may change your browser settings to either reject cookies or notify you when a cookie is about to be placed on your computer. However, if you choose to reject cookies, you may not be able to use certain of our website’s features.

Berkley Industrial Comp also collects IP addresses as part of our efforts to maintain and improve the website. IP addresses are usually identified and logged automatically whenever a visitor accesses the website. The time of the visit and the page(s) visited may also be logged.

In addition to the information we collect automatically, we also obtain non-personal information that you provide to us online – for example, when you use our tools and calculators or communicate with us through the website. In some cases, we automatically retain the cookie information and/or the information you provide to us online – for example, to complete a transaction you requested or to keep historical records of your past transactions. In other cases, for example, when you use our tools and calculators, we only retain the cookie information and/or information you provide if you request that we do so for your use in subsequent sessions.

Confidentiality and Security of Personal Information

We utilize physical, electronic, and procedural safeguards to protect your personal information and guard against its unauthorized access. However, no transmission of information over the Internet can be guaranteed to be totally secure, and we cannot ensure or warrant the security of any such transmission to the website. When you disclose information to us online, you do so at your own risk. If you have any reason to believe that your interaction with us is no longer secure, contact us immediately at: [email protected].

This Policy applies only to information collected through this website. It does not apply to any information you provide to websites on which Berkley Industrial Comp advertises, nor does it apply to information we collect through other communications with you, including e-mail communications, phone calls, or non-electronic written communications.

Changes to Our Online Privacy Policy

Berkley Industrial Comp reserves the right to change this Policy at any time without notice. Depending on the nature of the change, we may or may not announce the change on the home page of the Berkley Industrial Comp website. You can determine when this Policy was last revised by referring to the “Last Updated Date” below. It is your responsibility to visit the link at the bottom of the home page of this website to periodically review the most current version of this Policy.

Any changes to this Policy are effective upon the posting of the revised Policy on Berkley Industrial Comp website. By continuing to use this website following such changes, Berkley Industrial Comp you will be deemed to have agreed to the changes. If you do not agree with the terms of this Policy, as it may be amended from time to time, in whole or part, please do not continue using this website.

Contacting Us

If you have any questions or comments about our Online Privacy Policy, or would like to learn more about how we protect privacy, please contact us at [email protected].

New York Domestic Violence Notice

New York Confidentiality Protocols for Victims of Domestic Violence and Endangered Individuals

New York Insurance Law Section §2612 prohibits insurers from taking certain actions against a person solely on the basis that he/she is a victim of domestic violence and requires insurers to establish certain confidentiality protocols for these individuals. Specifically, this law states that if a victim of domestic violence covered by an insurance policy delivers to the insurer that issued the policy, a valid order of protection against the policyholder or other person covered under the same policy, the insurer is prohibited for the duration of the order from disclosing to the policyholder or other covered person the address and telephone number of the victim, or of any person providing covered services to the victim. If the victim is a child, then the confidentiality rights established by this law also extend to the parent or guardian of the child.

If you are a victim of domestic violence and are covered by an insurance policy issued by us, you may provide us with an alternate address, telephone number or other method of contact. If you have a valid order of protection against another person covered by the same insurance policy issued by us, then you may provide us with a copy of the order, asking that we not disclose your contact information to such other person.

Any alternate contact information or order of protection may be sent to us by sending that information to the following address:

Compliance Department

Berkley Industrial Comp

P.O.  Box 660847

Birmingham, AL 35266-0847

For additional information, you may also contact the New York State Domestic Violence Hotline at (800) 942-6906.

  1. R. BERKLEY CORPORATION LEGAL AND LICENSING INFORMATION

Products and services are written or provided by subsidiaries and affiliates of W. R. Berkley Corporation. Each operating unit of W. R. Berkley Corporation writes on behalf of one or more of statutory insurance companies. For further detail and important legal information, please click here.