Applicability
Everen Limited (“Everen”).
The website provides electronic content and information to Everen Limited members.
Conditions of use
Please read this “Terms of Use” carefully before using the website. By using this website, you certify that you have read, reviewed agree to comply with its terms. If you do not want to be bound by the terms of use, you are advised to leave the website accordingly.
Privacy Notice
Before you continue using our website, it is recommended that you review our Privacy Notice regarding our data collection and your associated rights.
Age restriction
You must be at least 18 (eighteen) years of age before you can use this website. By using this website, you warrant that you are at least 18 years of age and you may legally adhere to the Terms of Use. Everen Limited assumes no responsibility for liabilities related to age misrepresentation.
Third Party Websites
Everen Limited’s website may contain links to other third-party websites. If you follow a link to any of those third-party websites, please note that they may have their own privacy policies and that we do not accept any responsibility or liability for their policies or processing of your personal information. Please check these policies before you provide any personal information to such third-party websites.
Special Guidelines for International Use
Due to the inherent nature of the internet as an open global communication vehicle and other risk factors, you agree to comply with all local rules regarding online conduct and acceptable content. You agree to comply with all applicable laws regarding the use of and downloading from the website.
Member Account, Password, and Security
Please be aware that certain areas on the website are available only to persons who are representatives of Everen Limited Members and/or Insureds, who have been provided a username and password. You are responsible for maintaining the confidentiality of your username and password, and shall be responsible for all uses of your username, whether or not authorized by you. You agree to immediately notify Everen Limited of any unauthorized use of your username and password.
Indemnification
You agree to indemnify and hold Everen Limited harmless against legal claims and demands (including legal fees) that may arise from your use or misuse of our website. Everen Limited is not liable for any damages that may occur to you as a result of your misuse of our website
Disclaimer of Warranties
You expressly understand and agree that although Everen Limited tries to provide accurate and timely information through the information service, there may be technical or factual inaccuracies and typographical and/or other errors. Everen Limited reserves the right, but is not obligated, to make changes and corrections at any time, without notice.
You further expressly understand and agree that:
Your use of the website and the information on it at your sole risk. The information contained on the website is provided on an "as is" and "as available" basis. Everen Limited expressly disclaims all warranties of any kind regarding the website, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement.
Everen Limited is not responsible or liable for any infections or contamination of your system or delays, inaccuracies, errors, or omissions arising out of your use of the website or with respect to the material contained on it. This website and all materials contained on it are distributed and transmitted "as is" without warranties of merchantability or fitness for a particular purpose. The entire risk as to the quality, accuracy, adequacy, completeness, correctness and validity of any material rests with you. Everen Limited is not responsible for any special, indirect, incidental or consequential damages that may result from the use of, or the inability to use, the materials contained on this site whether the material is provided or otherwise supplied by Everen Limited or anyone else. Notwithstanding the foregoing, in no event shall Everen Limited's total liability to you for any and all claims, damages, losses, and causes of action (whether in contract or tort or otherwise) exceed the amount paid by you, if any, for accessing this site.
Limitation of liability
You expressly understand and agree that Everen Limited shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Everen Limited has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the website or for omissions or inaccuracies in the website content, (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or messages received through or from the website, (iii) unauthorized access to or alteration of your data, (iv) statements or conduct of any third party on the website, or (v) any other matter relating to the website.
Everen Limited will not be liable for any loss that results from a cause over which Everen Limited does not have direct control. Such causes include, but are not limited to: (i) the failure of electronic or mechanical equipment or communication lines, (ii) telephone or other interconnect problems, (iii) bugs, errors, configuration problems or the incompatibility of computer hardware or software, (iv) the failure or unavailability of internet access, (v) problems with internet service providers or other equipment or services relating to your computer or network, (vi) problems with intermediate computer or communications networks or facilities, (vii) problems with data transmission facilities or your telephone, cable or wireless service, or (viii) unauthorized access, theft, operator errors, severe weather, earthquakes, other natural disasters or labor disputes. Everen Limited is also not responsible for any damage to your computer, software, modem, telephone, wireless device or other property resulting in any way from your use of the website.
You understand and agree that Everen Limited's ability to provide the service on the terms and conditions provided herein depends upon this limitation of liability and therefore such limitation allows an explicit benefit to you, namely the provision of the website and its content upon the basis described herein.
Intellectual Property Rights
You acknowledge and agree that the website and any necessary software used to provide such service contain proprietary and confidential information that is protected by intellectual property and other laws. You further acknowledge and agree that content presented to you through the website may be protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by Everen Limited, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the website or its software.
Everen Limited hereby grants you a personal/individual, non-exclusive, non-assignable and non-transferable license to use and display any of the material that you may download from this site, provided, however, that you must maintain all copyright and other notices contained in such downloaded material. You acknowledge and agree that you may not sublicense, assign or otherwise transfer this license or the downloaded material and that no title to any downloaded material has been or will be transferred to you from Everen Limited or anyone else. You agree not to redistribute or use any downloaded material for any purpose not associated with your business relationship with Everen Limited. You also agree that you will not alter, disassemble, decompile, reverse engineer or otherwise modify the downloaded material.
Trademark Information
Everen Limited (including the logo) are trademarks owned by Peppercorn Holdings Ltd, a wholly owned subsidiary of Everen Limited. You may not display or use the mark without the prior written consent of Peppercorn Holdings Ltd, who may be contacted via email on [email protected]. All Rights Reserved.
Modifications to the Service
Everen Group reserves the right, in our sole discretion, to modify or discontinue, temporarily or permanently, all or any part of the website, at any time and for any or no reason and without notice, including, but not limited to:
restricting the time all or any part of the Site is available;
restricting the amount of use all or any part of the Site is permitted;
restricting or terminating any user’s right to use all or any part of the Site.
We reserve the right to suspend or terminate use of the Site by anyone:
who does not follow these Terms, but we have no obligation to do so;
if there is an emergency or we need to perform maintenance on the Site; or
for any other reason, in our sole discretion.
You agree that we are not liable to you (or any third party making claims through you) for any termination, suspension, restriction, modification, or discontinuance of the Site.
Changes of this Terms of Use
Everen Limited reserves the right to modify, alter or otherwise update the Terms of Use at any time. You agree to review these Terms of Use on a periodic basis.