LEGAL TERMS AND CONDITIONS

PLEASE READ THESE LEGAL TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEB SITE.

LAST REVISED:  December 2018

The websites located at www.kwspecialty.com and www.quotekwiq.com are published, owned, and operated by KW Specialty Insurance Company and its affiliates. These legal terms and conditions govern your access to and use of the websites.

By accessing, browsing, submitting information to, and/or using the websites, you agree and acknowledge on your own behalf that you have read, understand, and agree to be bound by these legal terms and conditions, and comply with all applicable laws. If you do not agree to the legal terms and conditions, then please do not use the websites. The legal terms and conditions may change from time to time, so please refer to Changes to Legal Terms and Conditions below for further information.

Definitions
Company, we, us, and our:  refers to KW Specialty Insurance Company collectively with its affiliates.
Website(s):  refers to www.kwspecialty.com and www.quotekwiq.com.
You, your:  refers to any user that visits the website.

Summary

*   Use of the websites are for personal use only.
*   You agree that you will not use the websites in any prohibited manner.
*   You may receive SMS or “text” messages providing you informational updates about services or products.
*   Our privacy notice does not govern third-party websites that may be linked to our website.
*   All content and functionality on the site is the exclusive property of KW Specialty Insurance Company and is protected by U.S. and international copyright laws.
*   KW Specialty Insurance Company shall not be liable to you or to any third party for damages in any way relating to the websites.

Use of Websites
We grant you right to access and use the websites and all related content or information solely for personal use.  Your right to access and use the websites shall be limited to non-commercial purposes unless you are otherwise expressly authorized by us to use the websites for commercial purposes.  You agree to use the websites for lawful purposes, comply with all rules governing any transactions on and through the websites, and comply with applicable laws.

If you are given or create a user id and password to access the websites, then you are responsible for maintaining confidentiality of your account and password.  You are responsible for all activities that occur under your account and you agree to notify us immediately of any unauthorized use of your account.  We are not responsible for any loss that you may incur because of any unauthorized person using your account or your password.

Prohibited Uses
As a condition of use, you agree that you will not:

*   Use the websites in any manner that could damage, disable, or impair the websites;
*   Use the websites in any manner that could interfere with any other party’s use of them;
*   Access or attempt to access any website account, computer systems, or networks associated with us or the websites through any unauthorized means;
*   Access any materials or information through the websites by any means unless intentionally provided or made available;
*   Access the websites using any robot, spider, or other automatic device, process, or means for any purpose;
*   Introduce any material which is malicious or technologically harmful, including, but not limited to, viruses, Trojan horses, worms, or logic bombs;
*   Launch an attack on the websites through any means, including, but not limited to, denial-of-service or distributed denial-of-service attacks; or
*   Impersonate or attempt to impersonate any other person or entity while using the websites.

Notice and Consent to Receipt of Text (SMS) Messaging and Phone Calls
You may have the opportunity to receive SMS or “text” messages providing you informational updates about services or products you may have requested.  In providing your mobile device number or cell phone number to us, you knowingly consent to such communications from us or for us to use your cell phone number or mobile device number in accordance with our privacy policy. You represent that you have the authority to agree to receive messages at the telephone number that you provide to us, or at the number from which you sent the message request to us. You further acknowledge that no purchase is required to opt into this service and you may opt out at any time.

Not all mobile devices or handsets may be compatible with this service. We and any mobile carriers are not liable for delayed or undelivered messages.  Message and data rates may apply to any text messages.  You will be responsible for all costs, charges, and fees you incur from your service or device provider because of choosing to receive such messages from us.

Third Party Websites
Our websites contain hyperlinks or links to other sites, and other sites may link to this site.  Websites linking to and from our websites may have different privacy practices from the ones described herein. Visitors to our websites should read the privacy statements of other websites they visit.  Our privacy policy applies solely to information collected by our website.  We disclaim all warranties, express or implied, as to the accuracy, legality, reliability, or validity of any content on any other site.

Copyrights and Trademarks
All content and functionality on the site, including text, graphics, logos, icons, and images and the selection and arrangement thereof, is the exclusive property of KW Specialty Insurance Company and its affiliates or its licensors and is protected by U.S. and international copyright laws.   All rights not expressly granted are reserved.

The trademarks, service marks, designs, and logos displayed on our site are the registered and unregistered trademarks of KW Specialty Insurance Company and its licensors. You agree that you will not refer to or attribute any information to KW Specialty Insurance Company or its licensors in any public medium (e.g., press release, websites) for advertising or promotional purposes, or for the purpose of informing or influencing any third-party and that you will not use or reproduce any trademark of, or imply any endorsement by or relationship with, KW Specialty Insurance Company or its licensors.

Questions regarding the use of any copyrighted or trademarked property provided on the websites should be directed to contactus@kwspecialty.com<mail.</mail

Disclaimer
Our site’s content and functionality are provided with the understanding that KW Specialty Insurance Company is not rendering professional advice and services to you.  All content and functionality are provided “as is” and “where is” without warranty of any kind.  KW Specialty Insurance Company has no liability or responsibility for any information published on linked websites contained in any of our published content or provided by third parties.

Indemnification
You agree to defend, indemnify, and hold KW Specialty Insurance Company and its affiliates, employees, information providers, and licensors and licensees harmless from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including attorneys’ fees) arising out of or relating to your violation of these legal terms and conditions or your use of the websites, including, but not limited to, any use of the websites’ content, services, or products other than as expressly authorized in these legal terms and conditions or your use of any information obtained from the websites.

Limitation of Liability
Your use of the websites is at your own risk.  Under no circumstances shall the company or any of its third-party licensors be liable to you or to any third party for any direct, indirect, incidental, special, consequential, punitive, special, exemplary, or any other damages resulting from, arising out of, or in any way relating to the websites, content, data, or information accessed via the websites or any hyperlinked websites, or any disruption or delay in the performance of the websites.   These include damages for errors, omissions, interruptions, delays, computer viruses, your loss of profit, unauthorized access to and alteration of your transmission and data, and other tangible or intangible losses.  This limitation is regardless of the form of the claim or action, whether based on contract, tort, strict liability, statute, or otherwise, and regardless of whether or not such damages were foreseen, unforeseen, or foreseeable, even if the company or its third-party licensors have been advised of the possibility of such damages.

Termination and Restriction of Access
We have the sole discretion to terminate or suspend your access to the websites for breach of legal terms and conditions.  We are not liable for any losses or damages arising from our termination of your service.

Changes to the Legal Terms and Conditions
We reserve the right, at our complete and sole discretion, to change these terms and conditions at any time by posting revised terms on the website. It is your responsibility to check periodically for any changes we may make to these terms and conditions. Your continued use of the websites following the posting of changes to these terms or other policies means you accept and agree to be bound by the changes.

Governing Law; Jurisdiction
Unless otherwise prescribed by local law, these terms and conditions are governed by and shall be construed in accordance of the laws of the State of Arizona, without regard to its principles of conflicts of law, and regardless of your location.  All disputes between you and us regarding these terms and conditions, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory and including non-contractual disputes or claims, will be subject to the exclusive jurisdiction of the United States Courts located in the State of Arizona and you waive any jurisdictional, venue or inconvenient forum objections to such Courts.