Terms And Conditions Of Use

This page sets forth the terms and conditions under which CapSpecialty, Inc. and its subsidiaries (collectively, "CapSpecialty") provide the information on the website https://www.capspecialty.com and any other websites, mobile apps or other online products and services that display or link to https://www.capspecialty.com (collectively the “CapSpecialty Websites”), as well as the terms and conditions governing your use of the CapSpecialty Websites  (collectively, the “Terms and Conditions”).  Please be sure to read these Terms and Conditions carefully before accessing or making use of the website.  Please be advised that by accessing and making use of the CapSpecialty Websites, you are acknowledging your understanding of these Terms and Conditions and agree to be bound by them. These Terms and Conditions are subject to change and revision at any time, without notice, and at CapSpecialty’s sole discretion.  Thus, please be sure to visit this page before accessing the CapSpecialty Websites. CapSpecialty may also make improvements and/or changes in the products, services and/or programs described on the CapSpecialty Websites at any time without notice. Your continued access or use of the CapSpecialty Websites shall be deemed your acceptance of any changes and the reasonableness of these standards for notice of changes.  If you do not wish to accept these Terms and Conditions, please do not continue to use or access the CapSpecialty Websites.

DISCLAIMER

THE MATERIALS ON THIS WEBSITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESSED OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, CAPSPECIALTY DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. CAPSPECIALTY DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIALS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE CAPSPECIALTY WEBSITES OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES, WORMS, TROJAN HORSES OR OTHER CODE THAT HAS CONTAMINATING OR DESTRUCTIVE PROPERTIES OR OTHER HARMFUL COMPONENTS.  CAPSPECIALTY DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS ON THE CAPSPECIALTY WEBSITE, OR ANY HYPERLINKED WEBSITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. CAPSPECIALTY DOES NOT WARRANT THAT THE INSURANCE YOU PURCHASE ON THIS WEBSITE WILL BE ADEQUATE OR COVER YOUR LOSSES, OR THAT YOU WILL ACHIEVE SUCCESSFUL RESULTS FROM FOLLOWING ANY INSTRUCTIONS, DIRECTIONS OR RECOMMENDATIONS ON THE CAPSPECIALTY WEBSITES.  YOU (AND NOT CAPSPECIALTY) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. THE INFORMATION AND DESCRIPTIONS CONTAINED HEREIN ARE NOT INTENDED TO BE COMPLETE DESCRIPTIONS OF ALL TERMS, EXCLUSIONS AND CONDITIONS APPLICABLE TO THE PRODUCTS AND SERVICES, BUT ARE PROVIDED SOLELY FOR GENERAL INFORMATIONAL PURPOSES. 

LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES SHALL CAPSPECIALTY BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THE CAPSPECIALTY WEBSITES OR FROM INFORMATION PROVIDED ON THE CAPSPECIALTY WEBSITES.  THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER BASIS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.  BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, OUR LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.  UNDER NO CIRCUMSTANCES, SHALL CAPSPECIALTY’S LIABILITY TO YOU EXCEED THE TOTAL AMOUNT OF PREMIUMS YOU HAVE PAID TO CAPSPECIALTY. 

Indemnification

You agree to defend, indemnify, and hold CapSpecialty, and its employees, contractors, officers and directors harmless from all liability, claims and expenses, including attorney’s fees, that arise from your use or misuse of the CapSpecialty Websites or the content therein and/or for any claims against CapSpecialty arising from content, materials or information you provide to CapSpecialty or its affiliated organizations.  We reserve the right, at our own expenses, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.

Trademarks and Copyrights

All trademarks, services marks, trade names, logos, and icons are proprietary to CapSpecialty®. Nothing contained on the CapSpecialty Websites should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark displayed on the CapSpecialty Websites without the written permission of CapSpecialty or such third party that may own the trademarks displayed on the CapSpecialty Websites. Your use of the trademarks displayed on the CapSpecialty Websites, or any other content on the CapSpecialty Websites, except as provided herein, is strictly prohibited. All information contained within the CapSpecialty Websites are copyrighted and all rights are reserved.

The Digital Millennium Copyright Act

CapSpecialty reserves the right, but not the obligation, to terminate your access to the CapSpecialty Websites if it determines in its sole and absolute discretion that you are involved in infringing activity, including alleged acts of first-time or repeat infringement, regardless of whether the material or activity is ultimately determined to be infringing. CapSpecialty and its service providers accommodate and do not interfere with standard technical measures used by copyright owners to protect materials. CapSpecialty has implemented procedures for receiving written notification of claimed infringements and for processing such claims in accordance with the Act.

Any written notice regarding any infringement of copyright or of other proprietary rights, should be sent to our designated agent, and must include the following information:

A. A physical or electronic signature of a person authorized to act on behalf of (i) the owner of an exclusive right that is allegedly infringed and/or (ii) the person defamed;

B. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;

C. Identification of the material that is claimed to be infringing, or to be the subject of infringing activity, including information reasonably sufficient to permit us to locate the material;

D. Information reasonably sufficient to permit us to contact you, such as your address, telephone number, and/or electronic mail address; and

E. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright or other proprietary right owner, its agent, or the law.

Hypertext Links

Some of the pages on the CapSpecialty Websites may provide hypertext links to other websites created by other organizations. We provide you links to other sites as a free service.  Because those other sites are not under our control, we cannot guarantee the quality, accuracy, or timeliness of those sites, or that those sites are free from viruses, worms, trojan horses, malicious codes and other items of a destructive nature. Nor is our connection to those sites an endorsement or adoption of the views expressed or of the products and services sold on those sites. Questions about the content of those sites should be directed to their authors.

If you would like to provide a hypertext link from your site to the CapSpecialty Websites, please request our permission before doing so. Please include in the message your name, address and telephone number, and a description of your site and the reason why you would like to establish a link to the CapSpecialty Websites.

In no event, will CapSpecialty be liable to you or to anyone else for any decision made or action taken by you or anyone else in reliance on results obtained from use of files downloaded from the CapSpecialty Websites or hyperlinked sites. It is up to you to take precautions to ensure that whatever you select for your use is free of such items as viruses, worms, trojan horses, malicious codes and other items of a destructive nature.

Products and Services

Please note that none of the information contained in the CapSpecialty Websites should be viewed as an offer to any prospective producer, agent or insured to sell or as a solicitation to purchase any of our products or services. Rather, the information on our products and services is provided to you so that you can learn what products and services CapSpecialty generally offers.

This website contains information about coverage and insurance products and provides a mechanism to purchase insurance policies.  Coverage and product statements displayed on this website are for general description purposes only. This website does not amend, modify or supplement the policies in any way whatsoever. The information and descriptions contained herein are not intended to be complete descriptions of all terms, conditions and exclusions applicable to the products and services, but are provided solely for general informational purposes.  CapSpecialty cannot guarantee that every product or service mentioned on this website will be available for purchase at any given time or that you will qualify to purchase such a policy.  Further, CapSpecialty reserves the right to cease providing certain products and services without modifying any information on this website. 

All products and services are written or provided by subsidiaries of CapSpecialty, Inc.  Some coverages may be provided by a surplus lines carrier that would not generally participate in state guaranty funds. Coverages may not be available in all jurisdictions and may be available only through appropriately licensed brokers.

Online Payment

The CapSpecialty Websites also may be equipped to allow you to pay for premiums and other charges due to CapSpecialty online.  You understand that payment through the CapSpecialty Websites may be processed by third party providers and CapSpecialty is not responsible for functionality of that third-party service and that payments made online are credited to your account when received by CapSpecialty.  CapSpecialty specifically disclaims any liability for processing payments online. 

Receipt of Electronic Documents

CapSpecialty may provide copies of insurance policies and related documents to agents, brokers and other producers via electronic mail (e.g. PDF attached to an e-mail) and such agents, brokers and other producers consent to the receipt of these documents by electronic mail, unless they have informed CapSpecialty, in writing, of their desire to not receive documents in this manner. Any election to not receive documents in electronic format shall be directed to marketing@CapSpecialty.com. Notwithstanding anything contained herein, agents, brokers and other producers receiving documents by electronic mail agree to deliver such documents to the applicable insureds in a manner and format permitted under any applicable law.

Consent to Electronic Record and Use of Electronic Signature

You hereby agree to conduct transactions through this website by electronic means and in an electronic format. Your password is your "Electronic Signature." You agree that it is your lawful, original signature for the purpose of authenticating the validity of documents assented to by you. You may contact CapSpecialty at any time to:

  1. Withdraw this consent to conduct a transaction by electronic means; or
  2. Request a paper copy of an electronic transaction; or
  3. Update your account information, including your email address.

You may contact CapSpecialty by telephone at 608-829-4200, by email at marketing@CapSpecialty.com. or by writing to CapSpecialty®  Information Services, 1600 Aspen Commons Middleton, WI 53562-4718.

Producer Authority

To the extent that you are utilizing the CapSpecialty Websites on behalf of and/or in connection with the representation of any insured, or potential insured, you represent and warrant that:

A. You have been granted the authority by any necessary party to provide the information supplied by you to CapSpecialty through the CapSpecialty Websites;

B. You agree, on behalf of any party you represent, to the terms and conditions applicable to the use of the CapSpecialty Websites; and

C. Any information you provide to CapSpecialty is true and correct to the best of your knowledge, information and belief.

International Use

By choosing to access the CapSpecialty Websites from any location other than the United States, you accept full responsibility of compliance with all local laws that are applicable.  CapSpecialty makes no representation that materials on the CapSpecialty Websites are appropriate or available for use in locations outside the United States, and accessing the CapSpecialty Websites from territories where the contents are illegal is prohibited. 

Professional Advice

The information provided on the CapSpecialty Websites is distributed with the understanding that CapSpecialty is not providing professional advice of any type. If you have a question requiring professional advice, such a question relating to law, tax or financial planning, please seek the advice of a qualified professional in the relevant field.

Minors and Child Online Privacy Protection Act

The CapSpecialty Websites do not direct content to Minors and does not intend to collect personal information from Minors and therefore is not subject to the Child Online Privacy Protection Act. If you allow your Minor child, or a child for whom you are legal guardian (a "Minor"), to access the website, you agree that you will be solely responsible for: (i) the online conduct of such Minor; and ii) monitoring such Minor's access to and use of the CapSpecialty Websites and the consequences of any use.

Unauthorized Use and Termination

You agree to use the CapSpecialty Websites only for authorized and legal activities.  CapSpecialty reserves the right, in its sole discretion, to terminate your access to all or part of the CapSpecialty Websites, with or without notice and for any reason whatsoever. 

Enforceability of These Provisions

Should any of these Terms and Conditions be held invalid, that invalid provision shall be construed to be consistent with the applicable law, and in a manner so as to remain consistent with the original intent of CapSpecialty. Provisions not otherwise held invalid shall remain in force. Use of the CapSpecialty Websites and any transactions with CapSpecialty through the CapSpecialty Websites shall be governed by the laws of the State of Wisconsin without giving effect to principles of conflicts of laws. You agree any legal action or proceeding between you and CapSpecialty arising out of the CapSpecialty Websites will be brought exclusively in a federal or state court of competent jurisdiction sitting in Madison, Wisconsin.

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1600 Aspen Commons
Suite 300                          
Middleton, WI 53562