Terms and Conditions

Terms & Conditions and Legal Disclaimer

The following Terms of Use apply to the EQUA Specialty Risk Partners Corporation (“EQUA”) web site www.equaspecialty.com and affiliated Unbounce.com-hosted website pages (these “Sites”, “SITES”).

BY USING AND ACCESSING THESE SITES YOU ACKNOWLEDGE THESE TERMS OF USE AND AGREE, WITHOUT LIMITATION OR QUALIFICATION, TO BE BOUND BY THEM AND BY APPLICABLE LAWS. If you do not agree to these Terms, you should immediately discontinue your use of these Sites. From time to time, EQUA may modify these Terms, it is your responsibility to continue to review these Terms whenever accessing or using these Sites.

1. Disclaimer

The information on these Sites has been expressed in general terms and is meant to be used for reference only, and does not constitute accounting, consulting, investment, insurance, legal, tax or any other type of professional advice. The accuracy, completeness, adequacy or currency of these Sites or the content of these Sites is not warranted or guaranteed. Use of these Sites or the content of these Sites or any materials linked from these Sites is at your own risk.

You agree that EQUA does not warrant that these Sites or any services on these Sites is compatible with your electronic and/or computer equipment or is free of errors or viruses, worms or “Trojan horses.” You further agree that EQUA; its directors, officers, partners, employees and suppliers shall have no responsibility or liability for any injury or damage you may suffer as a result of such destructive features.

All insurance coverage is subject to the terms, conditions, and exclusions of the applicable individual policies. EQUA cannot provide any assurance that insurance can be obtained for any particular client or for any particular risk.

2. Limitations on Use

The content on these Sites is not for commercial exploitation. You agree to use these Sites for your own personal use or your own organization’s internal use only and not for resale or other transfer to, or use by or for the benefit of, any other person or entity. You may not reproduce, recompile, decompile, reverse-engineer, disassemble, sell, sublicense or create derivative works from these Sites or their content. You agree not to use any network monitoring or discovery software to determine the site architecture, or extract information about usage or users.

3. Limitation of Liability

TO THE GREATEST EXTENT PERMITTED UNDER APPLICABLE LAW, UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, SHALL EQUA; ITS DIRECTORS, OFFICERS, PARTNERS, EMPLOYEES AND SUPPLIERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES, ARISING FROM USE OF OR INABILITY TO USE THESE SITES, ANY SERVICE OR ANY LINKS OR ITEMS ON THESE SITES, SUCH AS, BUT NOT LIMITED TO, LOSS OF REVENUE OR ANTICIPATED PROFITS OR LOST BUSINESS OR LOSS OF DATA OR OTHER INTANGIBLE LOSSES. TO THE EXTENT THE FOREGOING LIMITATION OF LIABILITY IS PROHIBITED, EQUA SPECIALTY RISK PARTNERS CORPORATION’S SOLE OBLIGATION TO YOU FOR DAMAGES SHALL BE LIMITED TO $100.00 CAD.

4. Representation and Warranties

You represent, warrant and covenant that you have the power and authority to enter into these Terms; and can form legally binding contracts; and shall not use any rights granted hereunder for any unlawful purpose.

5. Indemnification

You agree, at your own expense, to indemnify, defend and hold harmless EQUA; its directors, officers, partners, employees and suppliers against any claim, suit, action or other proceeding, to the extent based on or arising in connection with your use of these Sites or any services or external links on these Sites.

6. Severability

If any provision of these Terms is found to be unlawful, void, or unenforceable, or conflicts with any other provision of these Terms then that provision shall be deemed to be severed from the rest of these Terms and shall not affect the legality, validity and enforceability of any remaining provisions.

7. Assignment

You may not assign these Terms or your rights and obligations under these Terms without the express prior written consent of EQUA which may be withheld in EQUA’s sole discretion. EQUA retains the right to and may assign these Terms and its rights and obligations under these Terms without your consent.

8. Additional Terms

Certain areas of these Sites may be subject to additional terms of use. By using such areas, or any part thereof, you agree to be bound by these additional terms of use.

9. Privacy

EQUA is committed to upholding your right to privacy in accordance with the laws of Canada and of all Provinces and Territories respecting the protection of personal information. Please read our Privacy Statement which describes how these Sites collect, use, and disclose personal information.

10. Ownership

You acknowledge and agree that all content and materials made available through or in connection with these Sites are protected by either our rights, or the rights of our licensors or other third parties, of copyright, trademarks, service marks, patents, or other proprietary rights and laws. You may not use any of the marks, logos, domains and/or trademarks that you may find on or in connection with this Site, unless you have our written permission.

11. Links to Other Sites

As a convenience to you, these Sites contain links to other web sites independently maintained by others. Because EQUA does not control these other sites, EQUA cannot make any representations regarding and are not responsible for the content or accuracy of the materials on these linked sites. The fact that EQUA has provided a link to a web site is not an endorsement, authorization, sponsorship or affiliation by EQUA with respect to such web sites, its owners or its providers. EQUA is not responsible for your use of such linked web sites or the products or services offered by the sponsors of these web sites. EQUA has not tested any information, software or products found on the Internet, and EQUA cautions you to make sure that you completely understand these risks before retrieving, using, relying upon or purchasing anything via the Internet.

12. Termination of Use

You agree that EQUA may, in its sole discretion, at any time terminate your access to these Sites and any account(s) you may have in connection with these Sites.

13. Governing Law

These Terms and Conditions shall be governed and construed in accordance with the laws of Canada and the Province of Ontario, without giving effect to conflicts of law principles thereof.

14. Accessing the Site from Outside Canada

If you choose to access these Sites or any services on these Sites from outside Canada, you are responsible for and represent and warrant that you are in compliance with all local and foreign laws. Use of these Sites or any services on these Sites may be subject to restrictions and limitations imposed by Canadian export controls and/or trade sanctions. If you choose to access these Sites or any services on these Sites from outside Canada, you represent and warrant that you are not subject to Canada’s export controls and/or trade sanctions.

15. Language

This Agreement has been drawn up in the English language as expressly requested by the parties hereto. Cet accord a été élaboré en anglais comme l’ont expressément demandé les parties à ce sujet.