| Terms of Use |
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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. Everest Auto Insurance is a
trade name of Everest Security Insurance Company and its affiliate
Everest National Insurance Company.
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| I. ACCEPTANCE OF TERMS |
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Your access and use of this website are subject to the following
terms and conditions and all applicable laws and regulations. Please
read these terms carefully. If you do not agree with all of these
Terms and Conditions, do not access or
otherwise use this website or any information contained on the website. |
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| II. COPYRIGHT AND OTHER INTELLECTUAL PROPERTY RIGHTS |
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Unless otherwise noted, all materials, including images, designs,
information and other material on this website or any other website
maintained by us, are copyrights, trademarks, trade dress and/or
other intellectual properties owned or licensed by us. No material
from this website or from any other website maintained by us may
be copied, republished, uploaded, posted, transmitted, modified,
distributed or publicly displayed, other than for your own non-commercial,
except as expressly permitted by prior written consent of Everest
Security.
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 appearing
on this website are the property of their respective owners.
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| III. WEBSITE PRIVACY POLICY |
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| The Company does not share with any non-affiliated person or entity
any information provided by a user of this website unless otherwise
permitted by law. However, any communications and material you send
to this site or to Everest Security by Internet electronic
mail are on a non-confidential basis. However, if you are a current
customer of Everest Security or one of its affiliates, you may have been
provided with a separate privacy notice in connection with an insurance
product provided to you and that privacy notice will govern regarding
our use and disclosure of your non-public personally identifiable information.
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| IV. PASSWORD/ACCOUNT PROTECTION AND USE |
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If applicable, you will receive a password to access certain restricted
website areas and/or Company applications. Subject to any separate
agreements between you and the Company, you may provide a password
only to persons who you obligate to comply with these Terms and
Conditions. If you receive multiple passwords, you are responsible
for assigning them to persons for whom you are responsible and are
responsible for terminating their passwords and account designations
when you no longer retain responsibility for their use of the password
and account designation you assigned to them. You are responsible
for maintaining the confidentiality of your password and account
and are fully responsible for all activities using your password
or account. You agree to (a) immediately notify us of any unauthorized
use of your password or your account or any other breach of security,
and (b) exit from your account at the end of each session. We cannot
and will not be liable for any loss or damage arising from your
failure to comply with this Section.
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.
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| V. LINKS TO THIRD PARTY WEBSITES |
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| 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. |
| VI. NO WARRANTIES - THIS WEBSITE IS PROVIDED "AS-IS" |
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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.
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| VII. SAFE HARBOR |
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The information contained in this website has been prepared as
a convenience to the users of this website and is not intended
to constitute any advice or recommendation upon which a user may
rely. All statements made in this website that are not purely historical
may be deemed to be forward-looking statements. Such statements,
including in particular those related to future performance of a
company, are subject to various risks and uncertainties, including
but not limited to, the impact of competition, product demand, insurance
and reinsurance pricing, trends in paid and incurred losses, catastrophes,
interest rates and other risks detailed from time to time in the
Everest Re Group, Ltd's filings with the Securities and Exchange
Commission. We have used reasonable efforts in collecting, preparing
and providing information and material, but make no warranty, representation
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 entirely 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.
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| VIII. DISCLAIMERS |
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| TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, WE DISCLAIM
ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO,
IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR
PURPOSE. WE DO NOT WARRANT OR REPRESENT THAT THIS WEBSITE WILL BE
UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR
THAT THIS WEBSITE OR ANY OTHER WEBSITE MAINTAINED BY US OR THE SERVER(S)
THAT MAKES THE WEBSITES AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL
COMPONENTS. THE USER (AND NOT US) ASSUMES THE ENTIRE COST OF ALL
NECESSARY SERVICING, REPAIR, OR CORRECTION. |
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| IX. EXCLUSIONS/LIMITATIONS |
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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.
A "cookie" is a small piece of information sent by a web
server to store in a web browser so that it can later be read back
from that browser. This website may use cookies to store some personal
preferences for your future visits to this website. They tell us
whether you have visited this website before.
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.
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| XI. CONNECTION REQUIREMENTS |
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| You are responsible for providing and maintaining, at your own option
and expense, all hardware, software and communication lines required
to access and use this website. We reserve the right to change the
configuration at any time, so you are encouraged to review these
Terms and Conditions regularly. |
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| XII. ACCEPTABLE USE POLICY |
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The following are not permitted on this website: Illegal use. Using
this website to transmit any material (by email, uploading, posting,
or otherwise) that, intentionally or unintentionally, violates any
applicable local, state, national or international law, or any rules
or regulations promulgated thereunder;
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;
suspend posting privileges;
suspend or terminate the user's account;
charge the user for administrative costs and/or reactivation charges;
or
bring legal action to enjoin violations and/or to collect damages,
if any, caused by violations.
We
may cooperate with legal authorities and/or third parties in the
investigation of any suspected or alleged crime or civil wrong.
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| XIII. RIGHT TO MONITOR |
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| We neither actively monitor use of this website under normal circumstances,
nor exercise editorial control over the content of any third party's
website, electronic mail transmission, news group, or other material
created or accessible through this website. We, in our sole discretion,
reserve the right to remove any materials from this website
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| XIV. TERMINATION |
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| We, in our sole discretion, and without prior notice, may terminate
your password, account (or any part thereof), access or use of this
website, and remove and discard any content within the website,
for any reason, including, without limitation, for lack of use or
if we believe that you have violated or acted inconsistently with
these Terms and Conditions or the purpose of this website |
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| XV. DATA SECURITY |
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| This website has what we believe to be reasonable security measures
to protect the loss, misuse, and alteration of the information under
our control. While we take steps we believe to be reasonable to
protect the integrity and security of our network and systems, we
cannot guarantee that our security measures will prevent third-party
"hackers" from illegally obtaining this information. |
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| XVI. MISCELLANEOUS |
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We may not be qualified to offer for sale in all jurisdictions where
this website is accessible all of the products and services described
in this website.
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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