Terms of Use - Bowhead Specialty Underwriters

Effective Date: July 07, 2022

This website is owned and operated by Bowhead Specialty Underwriters, Inc.‎ on behalf of itself and its affiliates (collectively, ‎‎“Bowhead”, “we” “our”, and “us”).‎

These terms of use (“Terms of Use”) govern your use of any websites that we own and control, any online service, including any website or mobile application, that posts a link to these Terms of Use, and any interactive features, widgets, plug-ins, applications, content, downloads and other services that we may own and control and make available through any websites that we own and control (collectively, the “Website”), regardless of how you access or use them, whether via personal computers, mobile devices or otherwise. To the extent that we provide you notice on the Website of different or additional terms of use, those additional terms shall govern your use of the Website.

Your use of the Website constitutes your agreement to these Terms of Use.

In addition to reading these Terms of Use, please review our Privacy Policy, which applies to our collection, use and sharing of your information on the Website. If you do not agree to the terms of our Privacy Policy or these Terms of Use, please do not access or otherwise use this Website or any information or content contained on the Website.

These Terms of Use may be revised periodically at any time. It is your responsibility to visit the Website frequently to review carefully the current terms and conditions of use that govern your continued use of the Website. When we modify these Terms of Use we will update the effective date above. Your use of the Website following the posting of an updated Terms of Use constitutes your acceptance of such new Terms of Use. Each and every time you access and use the Website you shall be deemed to have agreed to the then current terms and conditions of use. As a condition of your use of the Website, you warrant that you will not use the Website for any purpose that is unlawful or prohibited by these Terms of Use, or reproduce or distribute any portions of the Website for any commercial use except as authorized herein.

1. Intellectual Property.

The design of this Website and its content, including the text, information, data, software, scripts, graphics, photos, sounds, videos, music, interactive features, products, materials, services and the like and any trademarks, service marks and logos contained therein (“Website Content”), are the property of or are licensed by Bowhead and are protected by copyright and other intellectual property laws. Bowhead hereby grants you a limited, non-exclusive, revocable, non-assignable, personal and non-transferrable license to view and download the Website Consent only for your personal use, provided that you retain all copyright and other proprietary notices on any permitted copies of the materials. You may not otherwise copy, reproduce, modify, adapt, display, perform, publish, create derivative works from, store, sublicense, translate, sell, rent, or otherwise exploit this Website or the Website Content. Bowhead reserves all rights not expressly granted in and to the Website and the Website Content. You agree to not engage in the use, copying, or distribution of any of the Website Content, whether manually or by using robot, scraper, crawler or any other automated device or process, other than as expressly permitted herein or as reasonably necessary to use the Website for its intended purpose, including any use, copying, or distribution of Website Content for any commercial purposes. You in no way will obtain any ownership interest in the Website Content.

The display of any trade names, trademarks, service marks, logos, or domain names on this Website does not imply that a license of any kind has been granted to you with respect to such trade names, trademarks, service marks, logos, or domain names except as explicitly stated herein. Any unauthorized downloading, re-transmission or other copying or modification of trade names, trademarks, service marks, logos or domain names may be a violation of trademark laws and could subject you to legal action.

2. Website Use and Restrictions.

Any unauthorized use of this Website for any purpose is prohibited. We may suspend or terminate the availability or your use of the Website (and any elements or features of it), in whole or in part, for any reason, and at any time, in our sole discretion, and without advance notice or liability.

You agree that you will not: (i) use our Website for any political or commercial purpose, aside from the purchase of goods or services if offered for sale through the Website by Bowhead and its affiliates; (ii) engage in any activities through or in connection with our Website that attempt to or actually do harm any individuals or entities or are unlawful, offensive or abusive, or that violate any right of any third party, or are otherwise objectionable to Bowhead; (iii) reverse engineer, decompile, disassemble, reverse assemble or modify any Website source or object code or any software or other products, services or processes accessible through any portion of our Website; (iv) engage in any activity that interferes with another user’s access to our Website or the proper operation of our Website, or otherwise causes harm to our Website, Bowhead or other users; (v) use Website Content in a manner that suggests an unauthorized association with any of our products, services or brands; (V) interfere with or circumvent any security or access feature of our Website; or (vii) otherwise violate these Terms of Use.

3. Forward Looking Statements.

Certain portions of our Website may contain forward looking statements, including statements regarding Bowhead’s future performance and strategy. These statements are subject to risks and uncertainties that could cause actual results to differ materially from those projected in these forward-looking statements.‎ Forward-looking statements speak only as of the date first made, unless another date is indicated. We caution you not to place substantial reliance on the forward-looking statements and we undertake no obligation to update or revise the statements.

4. Modifications to Policies, Prices and Terms.

By providing material, such as policy descriptions, on our Website, Bowhead does not in any way promise that the materials will remain available to you or that you will qualify for any of the products or services we offer. BOWHEAD RESERVES THE RIGHT, AT ANY TIME, TO CHANGE ITS PRODUCTS, SERVICES, AND PRICING, EFFECTIVE IMMEDIATELY UPON POSTING ON OUR WEBSITES OR APPLICATIONS OR BY E-MAIL DELIVERY TO YOU.

In accordance with various insurance laws and other regulatory restrictions, insurance products and services referenced on the Website may not be available or suitable for all jurisdictions and may not be offered by all of the Bowhead family of companies.

Except as expressly stated herein, the information contained on this Website is not an offer to sell or a solicitation to purchase any insurance product or other product or service by Bowhead. Rather, the information on our products and services is provided to you so you can learn what products the Bowhead generally offers. Please contact a designated Bowhead representative to find out which products and services are available to you in your jurisdiction. We may make improvements and/or changes to the products, services and/or programs described on this Website at any time without notice.

The Website does not amend, modify or supplement any insurance policy. Consult the actual policy, your agent or contact us for the name of an agent who can supply you with details regarding terms, conditions, coverages, exclusions, products, services and programs which may be available to you. Your eligibility for particular products and services is subject to final determination of underwriting qualifications and acceptance by Bowhead or Bowhead’s partners.

5. Security and Communications.

You should be aware that the Internet is not secure. If you choose to send any electronic communications by means of this Website, you do so at your own risk, and in doing so you consent to receive communications from us electronically. Bowhead does not guarantee that electronic communications will not be intercepted or changed or that they will reach the intended recipient securely. Further, please note that we are not obligated to respond to inquiries that we receive. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

6. Links to Third Party Websites.

This Website may contain hyperlinks to websites operated by persons or entities other than Bowhead. Such hyperlinks are provided for your reference and convenience only. Please be aware that Bowhead does not monitor, endorse or accept responsibility for the content on such websites or the operator or operations of such websites. You are solely responsible for determining the extent to which you may use any content at any other websites to which you might link from this Website. You agree not to hold Bowhead responsible for the content or operation at any other website to which you might link from this Website. Selected content on Bowhead’s Website is provided by a third party. Bowhead has no control over, and takes no responsibility for supplementing, correcting or updating that information. Furthermore, Bowhead makes no warranties or representations of any kind whether with respect to such third-party content’s accuracy, completeness, timeliness or otherwise. Bowhead has no obligation to correct or update that information and shall not be liable for damages of any kind arising out of your access, inability to access or reliance upon the information contained in this Website.

SEE SECTION 13 BELOW FOR IMPORTANT LIMITATIONS ON THE TERMS OF THIS SECTION 6.

7. United States Operations.

Bowhead controls and operates our Website from its offices in the United States, and makes no representation that our Website is appropriate or available for use beyond the United States. If you use our sites or applications from other locations, you are doing so at your own risk and are responsible for compliance with applicable local laws regarding your online conduct and acceptable content, if and to the extent local laws apply. Our Website may describe products and services that are available only in certain states or territories of the United States (or only parts of it). We reserve the right to limit the availability of our Website and/or the provision of any Website Content, program, product, service, or other feature described or available on our Website to any person, entity, geographic area, or jurisdiction, at any time and in our sole discretion, and to limit the quantities of any content, program, product, service, or other feature that we provide. You and we disclaim any application to these Terms of Use of the Convention on Contracts for the International Sale of Goods.

8. Disclaimers.

YOUR ACCESS TO AND USE OF THIS WEBSITE ARE AT YOUR SOLE RISK. YOU ARE ENTIRELY LIABLE FOR YOUR ACTIVITIES. BOWHEAD DOES NOT WARRANT THE ACCURACY, COMPLETENESS, TIMELINESS, AVAILABILITY, USEFULNESS OR OTHER CHARACTERISTICS OF THE WEBSITE OR ANY WEBSITE CONTENT. THIS WEBSITE AND THE INFORMATION ON IT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. BOWHEAD MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, AND HEREBY DISCLAIMS ALL WARRANTIES, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. BOWHEAD DOES NOT WARRANT THAT THIS WEBSITE IS FREE OF VIRUSES, WORMS, TROJAN HORSES OR OTHER HARMFUL COMPONENTS.

BOWHEAD SHALL NOT BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY LOSS OR DAMAGE, INCLUDING ANY LOST PROFITS, LOST SAVINGS OR ANY DIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, CAUSED BY USE OF, OR RELIANCE ON, OR INABILITY TO USE OR ACCESS, OR DELAYS IN, OR INACCURACIES OR ERRORS OR DEFECTS OR OMISSIONS IN, THE WEBSITE, WHETHER RESULTING FROM IMPAIRED OR LOST DATA, SOFTWARE OR COMPUTER FAILURE OR ANY OTHER CAUSE, REGARDLESS OF THE CLAIM AS TO THE NATURE OF THE CAUSE OF ACTION, AND EVEN IF BOWHEAD HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR LOSS.

YOU HEREBY EXPRESSLY RELEASE BOWHEAD FROM ANY AND ALL LIABILITY OR RESPONSIBILITY FOR ANY DAMAGE CAUSED, DIRECTLY OR INDIRECTLY, TO YOU OR ANY THIRD PARTY AS A RESULT OF USE OF THIS WEBSITE OR THE WEBSITE CONTENT, INCLUDING ANY CONTENT OR FILE DOWNLOADED OR ACCESSED. YOU SPECIFICALLY ACKNOWLEDGE THAT BOWHEAD SHALL NOT BE LIABLE FOR YOUR USER SUBMISSIONS, USER CLAIM CONTENT OR THE DEFAMATORY, OFFENSIVE, HARMFUL OR ILLEGAL CONDUCT OF ANY THIRD PARTY, AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

SEE SECTION 13 BELOW FOR IMPORTANT LIMITATIONS ON THE TERMS OF THIS SECTION 8.

9. Indemnification.

You agree to defend, indemnify and hold Bowhead and its employees, agents, officers, directors, contractors, suppliers and other representatives harmless from and against all liabilities, damages, demands, settlements, claims, actions, costs and expenses (including reasonable attorneys’ fees) in connection with or arising from your use of this Website, the Website Content, and/or your uploading of User Claim Content, as it may change from time to time, or your violation of these Terms of Use. Bowhead may, if necessary, participate in the defense of any claim or action at your expense and any negotiations for settlement. Bowhead reserves the right, on notice to you, to assume exclusive defense and control of any claim or action subject to indemnification by you, without relieving you of your indemnification obligations hereunder. Upon learning of a claim by a third party that your use violates or allegedly violates a third party’s rights, you agree to promptly notify Bowhead of any such claim. You agree to cooperate with us as reasonably required in the defense of any such claims, and you shall not in any event settle any such claim or matter without the written consent of Bowhead.

SEE SECTION 13 BELOW FOR IMPORTANT LIMITATIONS ON THE TERMS OF THIS SECTION 9.

10. No Waiver.

Except as expressly set forth in these Terms of Use, (a) no failure or delay by you or Bowhead in exercising any of rights, powers or remedies under these Terms of Use will operate as a waiver of that or any other right, power or remedy, and (b) no waiver or modification of any term of these Terms of Use will be effective unless in writing and signed by the party against whom the waiver or modification is sought to be enforced.

11. Severability and Interpretation.

If any provision of these Terms of Use is for any reason deemed invalid, unlawful, void or unenforceable by a court or arbitrator of competent jurisdiction, then that provision will be deemed severable from these Terms of Use, and the invalidity of the provision will not affect the validity or enforceability of the remainder of these Terms of Use (which will remain in full force and effect). To the extent permitted by applicable law, you agree to waive, and you hereby waive, any applicable statutory and common law that may permit a contract to be construed against its drafter. Wherever the word “including” is used in these Terms of Use, the word will be deemed to mean “including, without limitation.”

SEE SECTION 13 BELOW FOR IMPORTANT LIMITATIONS ON THE TERMS OF THIS SECTION 11.

12. Applicable Law.

These Terms of Use and any dispute or claim arising out of, or related to, them, their subject matter or their formation (in each case, including non-contractual disputes or claims) shall be governed by and construed in accordance with the internal laws of the State of New York without giving effect to any choice or conflict of law provision or rule (whether of the State of New York or any other jurisdiction).

Any legal suit, action or proceeding arising out of, or related to, these Terms of Use or the Website shall be instituted exclusively in the Federal and State courts located within New York. You agree to waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

To the extent permitted by law, if any dispute or claim results in a lawsuit, you and we knowingly and voluntarily agree that a judge, without a jury, will decide the case. YOU UNDERSTAND AND KNOWINGLY AND VOLUNTARILY AGREE THAT YOU AND WE ARE WAIVING THE RIGHT TO A TRIAL BY JURY.

IF YOU ARE A CONSUMER, HOWEVER, THIS PROVISION SHALL NOT BE CONSTRUED TO LIMIT YOUR RIGHTS UNDER CONSUMER PROTECTION LAWS OF YOUR STATE OF RESIDENCE AS SET FORTH IN SECTION 13.

13. Exclusions and Limitations; Consumer Protection Notice.

If you are a consumer, the provisions in these Terms of Use are intended to be only as broad and inclusive as is permitted by the laws of your state of residence. Certain states, like New Jersey, have heightened consumer protection laws that may make certain terms of these Terms of Use inapplicable to you. Specifically, if you are a New Jersey consumer, the terms of Sections 6, 8, 9, 11 and 12 do not limit or waive your rights as a consumer under New Jersey law and the provisions in these Terms of Use, as they pertain to you, are intended to be only as broad and inclusive as is permitted by the laws of the State of New Jersey. No provision of these Terms of Use shall limit or waive your rights as a consumer under the law of your state of residence. In any event, Bowhead reserves all rights, defenses and permissible limitations under the law of your state of residence.

14. User Comments.

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information that you provide to Bowhead are not confidential and you grant us a worldwide, royalty-free license to distribute, publish, modify, edit or otherwise use your submissions. Bowhead shall be entitled to the unrestricted use and dissemination of these submissions for any purpose, commercial or otherwise without any acknowledgement of or compensation to you.

15. Contact Us.

If you have any questions regarding our Terms of Use, practices, or your use of our Website, please contact us at:
Bowhead Specialty Underwriters, Inc.
667 Madison Ave, 5 Floor
New York, NY 10065
[email protected]