PLEASE READ THE FOLLOWING CAREFULLY
1. Your Obligations
In connection with your use of certain Services on the Site, you may be asked to provide certain information. It is a condition of your use of this Site that all the information that you provide through this Site will be correct, current, and complete. If Beazley Canada believes that the information you provide is not correct, current, or complete, Beazley Canada has the right to refuse you access to this Site or any of its Services, and to terminate or suspend your access at any time. However, Beazley Canada has no obligation to verify the accuracy, currency completeness or usefulness of any information that you have provided. At all times, you agree to provide true, accurate, current and complete information about you and your organization, including name, e-mail address and information regarding your skill set as prompted by the Services' application form. You agree that you shall not impersonate or in any way misrepresent your authority to act on behalf of any person, company, or other entity. If you provide any information that is untrue, inaccurate, not current or incomplete, or if Beazley Canada has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Beazley Canada has the right to suspend or terminate your account and refuse any and all current or future use of the Services (or any portion thereof).
2. Restrictions On Use
3. Proprietary Information
(a) The Site contains text including descriptions of products and services offered by our specialized insurance providers (collectively, "Suppliers"), graphics, software, logos, icons and other materials ("Site Content") furnished by Beazley Canada. The Site Content is protected under Canadian copyright, patent and trade-mark laws and other laws of Canada and other nations. All Site Content, including the collection, arrangement, and assembly of such content, is the exclusive property of Beazley Canada. You may not copy, sell, license, transfer, publish, reproduce, modify, display, reverse engineer, decompile, disassemble, adapt, translate, transmit, arrange, bundle, sublicense, export, merge, loan, rent, lease, assign, share, outsource, host, distribute in anyway, prepare derivative works based on, re-post, make available to any person or otherwise use, either directly or indirectly, any of the Site Content, in whole or in part, in an form or by any means whatsoever, be they physical, electronic or otherwise, for any public or commercial purpose, without the prior written consent of Beazley Canada. You shall not permit, allow or do anything that would infringe or otherwise prejudice the proprietary rights of Beazley Canada or allow any third party to access the Site Content. The restrictions set out herein shall not apply to the limited extent the restrictions are prohibited by applicable law.
(b) Permission is granted to you to download and make one printed copy of the Site Content for your own private, non-commercial use only, without alterations, so long as the following copyright notice is included: "Copyright © 2017 Beazley Canada Limited All rights reserved." You do not acquire any ownership rights by downloading Site Content from the Site.
(c) Trade-marks, service marks, and logos appearing in this Site are the property of Beazley Canada or the party that provided the trade‑marks, service marks, and logos to Beazley Canada. Beazley Canada and any party that provided trade-marks, service marks, and logos to Beazley Canada retain all rights with respect to any of their respective trade-marks, service marks, and logos appearing in this Site. Nothing contained in this Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trade-mark displayed on this Site.
4. Third Party Content
(a) This Site may also contain information or materials ("Third Party Content") that is owned or provided by persons other than Beazley Canada, including certain Suppliers ("Third Party Providers"). Beazley Canada makes no representations or warranties with respect to such Third Party Content and does not undertake to conduct any independent investigation of Third Party Content. Inclusion of Third Party Content from Third Party Providers on this Site does not mean, unless expressly stated otherwise, that Beazley Canada endorses or agrees with such Third Party Content.
(b) You understand that you have no proprietary rights in the Third Party Content and that the Third Party Providers retain all proprietary right, title or interest, including copyright, in their respective Third Party Content.
(c) You may not copy, sell, license, transfer, publish, reproduce, modify, display, reverse engineer, decompile, disassemble, adapt, translate, transmit, arrange, bundle, sublicense, export, merge, loan, rent, lease, assign, share, outsource, host, distribute in any way, prepare derivative works based on, re-post, make available to any person or otherwise use, either directly or indirectly, any of the Third Party Content, in whole or in part, in an form or by any means whatsoever, be they physical, electronic or otherwise, for any public or commercial purpose, without the prior written consent of the Third Party Providers. You shall use your best efforts to stop any such copying or distribution immediately after you become aware of such use.
(d) You are granted a limited license to display on your computer, download, use and make one printed copy of the Third Party Content for your own private, non-commercial use only, so long as (i) you do not modify any such Third Party Content; and (ii) you ensure that any copyright or trade-mark notices contained in the specific Third Party Content are retained. Nothing in this limited license confers any ownership rights in the Third Party Content from any third party who has ownership rights in the Third Party Content available on the Site.
(e) The rights and limitations in this Section 4 are for the benefit of each Third Party Provider, each of which shall have the right to enforce its rights under this section directly and on its own behalf.
6. Use of the Site and Services
(a) You understand that the Site contains various kinds of information, including but not limited to descriptions of specific insurance coverages offered by Suppliers who are listed on this Site.
(b) While We attempt to be as accurate as possible regarding the Site, and to ensure that all information contained on the Site is accurate and up-to-date, We do not represent or warrant that the information contained on the Site (including any descriptions of services provided by the Suppliers) is accurate, complete, reliable, current or error-free. Accordingly, you understand and agree that Beazley Canada (i) does not make any representations or warranties as to the quality of any services obtained from Suppliers listed on the Site; (ii) will not be responsible in any way whatsoever for any services that you may receive from a Supplier listed on this Site; and (iii) will not be responsible for the accuracy, completeness or reliability of any particular services offered by a Supplier. We ask and expect that you will use your own judgment in evaluating any prospective Suppliers through the Site or otherwise.
(c) Accordingly, you understand and agree that the Services are provided on an "As-Is, As Available" basis without any warranty, representation or covenant of any kind, including as to any result or benefit that you may obtain through your use of the Services or the Site, and that Beazley Canada assumes no responsibility for the timeliness, truthfulness, accuracy, reliability or completeness of any information made available to you through the Services or for the misdelivery of any information accessed or downloaded by you. You acknowledge that any reliance on the Services will be at your own risk and that you must evaluate and bear all risks associated with the use of any Services, including any reliance on the accuracy, completeness, or usefulness of such Services. Beazley Canada shall be held harmless and blameless by you and free of any and all liabilities that may occur as a result of any use or application of the information provided by Beazley Canada in connection with your use of the Services.
7. Conduct and the Use of Email and the Site/Submissions
(a) Beazley Canada expects that you will access and use the Site in a professional, responsible and business-like manner in accordance with applicable laws. As a visitor to the Site, you may have the opportunity to submit questions or other information regarding the Services or otherwise, or otherwise engage in dialogue with representatives of Beazley Canada through the sending of email to the Site. Beazley Canada welcomes your content, remarks, requests for information and other information communicated to Beazley Canada by you through this Site (collectively, a "Submission") so long as such Submissions are not obscene, illegal, threatening, defamatory, libellous, invasive of privacy, infringing of third party intellectual property or privacy rights, or is otherwise injurious to third parties and does not consist of or contain software viruses, commercial solicitation, chain letters, political campaigning, or any form of "spam". You are prohibited from using a false e-mail address, from impersonating another person or entity, or otherwise misleading Beazley Canada as to your identity when you are on the Site or otherwise communicating with Beazley Canada.
(b) You further agree that you shall use this Site for lawful purposes only and represent and warrant that you will not use the Site to:
(i) download, post, e-mail or otherwise transmit any Submission that is unlawful, harmful, threatening, abusive, harassing, tortuous, homophobic, sexist, defamatory, vulgar, obscene, libellous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable, including but not limited to any Submission which encourages conduct that would constitute a criminal offence, violate the laws of others or otherwise violates any applicable local, provincial, national or international law or otherwise harm minors in any way;
(ii) download, post, e-mail or otherwise transmit any Submission that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as insider information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
(iii) download, post, e-mail or otherwise transmit any Submission that infringes, misappropriates, or otherwise violates any third party's copyright, patent, trade-mark, or other proprietary right of publicity or privacy, or encourages or enables any other party to do so;
(iv) use the Site or any Site Content or Third Party Content (collectively, "Content") downloaded through the Site to post, e-mail or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
(v) upload, post, e-mail or otherwise transmit any Submission to the Site that contains software viruses or any other computer code, files or programs designed to interrupt, destroy, alter, or limit the functionality of any computer software or hardware or telecommunications equipment or that imposes an unreasonable or disproportionately large load on the Site's infrastructure or limits the functionality of any Beazley Canada ® or third party computer hardware, software, networks, or hardware or telecommunications equipment;
(vi) interfere with or disrupt the Site or servers or networks connected to the Site, including attempting to interfere with the access of any other user, host or network, including without limitation, overloading, initiating, propagating, participating, directing or attempting any "denial of service" attacks, "spamming", "crashing", "flooding" or "mail-bombing" the Site or disobeying any requirements, procedures, policies or regulations of networks connected to the Site;
(vii) direct bots, spiders, crawlers, avatars, intelligent agents or any other automated process at Beazley Canada's computer systems or otherwise, create unreasonable load upon any of Beazley Canada's computer hardware, network, storage, input/output or electronic control devices;
(viii) use the Site for any public or commercial purposes, without the express prior written permission of Beazley Canada;
(ix) intentionally or unintentionally violate any applicable local, provincial, national or international law, rule or regulation applicable in connection with the Site;
(x) modify, adapt, sublicense, translate, sell, reverse engineer, decompile or disassemble any portion of the Site; or
(xi) collect or store personal data about other users of the Site.
(c) Any breach of the above representations, covenants and warranties will result in immediate termination of your use of the Site, and, if appropriate, referral to relevant law enforcement authorities.
9. Disclaimer of Warranties/Limitation of Liability
(a) You understand that Beazley Canada cannot and does not guarantee or warrant that files or information available for downloading from the Internet will be free of viruses, worms, Trojan horses, malware or other code that may manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to this Site for the reconstruction of any lost data. Beazley Canada does not assume any responsibility or risk for your use of the Internet.
(b) You, and not Beazley Canada, assume the entire cost of all necessary servicing, repair or correction in the event of any loss or damage arising from the use of this Site, the Content or the Services. Any Content downloaded or otherwise obtained through your use of the Site is used by you at your own risk and you will be solely responsible for any damage to your computer systems or loss of data that results from the downloading of such material. Beazley Canada does not represent or warrant that the Content, the Site, its servers or email sent from the Site are free from viruses or other harmful components.
(c) Your use of this Site is at your own risk. Everything on the Site, including the Content and the Services available through this Site, is provided "As Is" and "As Available" without representations, warranties, guarantees or conditions of any kind, either express or implied. Beazley Canada expressly disclaims all representations, warranties, guarantees and conditions, including any implied warranties of merchantability, fitness for a particular purpose, title, quiet enjoyment or non-infringement or those arising out a course of dealing or usage of trade for the Site and the Services.
(d) Beazley Canada makes no representations, warranties or conditions regarding the completeness, accuracy, availability or appropriateness of the Site, the Content or the Services or their usefulness for your purposes. for greater clarity, Beazley Canada does not represent or warrant that (i) the functions or Content contained in this Site will be uninterrupted, reliable, accurate, complete, suitable, valid, truthful, error-free or will meet your requirements in any way; (ii) any defects in the Content will be corrected, or that this Site or the server that makes it available are free of viruses or other harmful components; (iii) the use of the Content and the Site will be timely, secure, or error-free; (iv) the results that may be obtained from your use of the Content, the Site or any Services obtained through the Site will be accurate, beneficial or reliable; or (v) the quality of any Content or services obtained by you through your use of the Site or the Services will meet your expectations. The Content may include technical inaccuracies or typographical errors, and Beazley Canada may make changes or improvements at any time.
(e) In no event shall Beazley Canada, its directors, officers, shareholders, employees, Third Party Providers, agents or advisors be liable to you or any other person or entity for any direct, indirect, exemplary, incidental, consequential or punitive damages, including lost profits, loss of income, loss of anticipated sales, loss of opportunities, business interruption, failure to realize unexpected savings, damage to property, claims of third parties, loss of goodwill, use, data or other intangible losses or other economic loss arising from: (i) your use or inability to use the Site, the Content or any Services obtained through the Site or any site to which you hyperlink from the Site; (ii) any third party claims that the use by you of the Content or any of the Services violates any third party intellectual property right or privacy right; (iii) any failure of performance of the Site or the Content, whether related to error, omission, interruption, defect, delay in operation or transmission, computer viruses or line failure; or (iv) any other matters relating to this Site, any Submissions, the Content or the Services, based in contract, negligence, strict liability, fundamental breach, failure of essential purpose or otherwise, whether or not such Beazley Canada had any knowledge, actual or constructive, that you might incur such damages.
(f) Beazley Canada disclaims any and all such above representations, warranties and conditions to the fullest extent permissible under applicable law. Certain jurisdictions do not allow limitations on implied warranties or conditions or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions or limitations may not apply to you, and you may have additional rights.
(g) The aggregate liability to You of Beazley Canada for all claims arising in connection with this Site, the Services or the Content is $500.
13. Applicable Law
15. Entire Agreement
16. No Agency; Third Party Beneficiary
You may not assign, convey, subcontract or delegate your rights, duties or obligations hereunder without the prior written consent of Beazley Canada.
19. No Waiver
21. Electronic Communications
When you visit the Site or send e-mail to us, you are communicating with Beazley Canada electronically. You consent to receive communications from Beazley Canada electronically. Beazley Canada will communicate with you by e-mail or by posting notices on the Site. You agree that all agreements, notices, disclosures, and other communications that Beazley Canada provides electronically satisfy any legal requirement that such communications be in writing.