Terms and Conditions of Use
YOUR ACCESS AND USE OF THIS WEBSITE IS SUBJECT TO THE FOLLOWING TERMS AND CONDITIONS
AND ALL APPLICABLE LAWS AND REGULATIONS. IF YOU DO NOT AGREE TO ALL OF THESE TERMS
AND CONDITIONS, DO NOT ACCESS OR OTHERWISE USE THE WEBSITE OR ANY INFORMATION CONTAINED
ON THIS WEBSITE. THESE TERMS AND CONDITIONS OF USE MAY BE REVISED PERIODICALLY AT
ANY TIME WITHOUT NOTICE TO YOU. IT IS YOUR RESPONSIBILITY TO VISIT THIS WEBSITE
FREQUENTLY TO REVIEW CAREFULLY THE CURRENT TERMS AND CONDITIONS OF USE WHICH GOVERN
YOUR CONTINUED USE OF THIS WEBSITE. EACH AND EVERY TIME YOU ACCESS THIS WEBSITE
YOU SHALL BE DEEMED TO HAVE AGREED TO THE THEN CURRENT TERMS AND CONDITIONS OF USE.
AS A CONDITION OF YOUR USE OF THIS WEBSITE, YOU WARRANT THAT YOU WILL NOT USE THIS
WEBSITE FOR ANY PURPOSE THAT IS UNLAWFUL OR PROHIBITED BY THESE TERMS AND CONDITIONS
OF USE.
1. Non-Solicitation, Licensing and Regulatory Issues.
This Website is provided for information purposes only. The information on this
Website is not an offer to sell or a solicitation to buy any insurance product or
security. No insurance product or security is offered or will be sold in any jurisdiction
in which such offer or solicitation would be unlawful under the laws of such jurisdiction.
Not all insurance coverages or products are available in all jurisdictions. This
Website and its content is directed at persons having professional experience in
the matters to which it relates and any investments or investment activity to which
it relates are available only to such persons or will be engaged in only with such
persons. It is not intended to and does not constitute any communication, invitation
or inducement to persons not having professional expertise in matters relating to
investments or other business products or services that are the subject matter of
this Website.
Arch Capital Group Ltd.'s Subsidiaries, Arch Reinsurance Company, Arch Insurance
Company, Arch Excess & Surplus Insurance Company, Arch Specialty Insurance Company
and Arch Indemnity Insurance Company, are licensed to transact insurance and/or
reinsurance business or eligible surplus lines insurers in various states in the
United States. Arch Insurance Company (a Missouri corporation, NAIC #11150) is licensed
as an insurer in all 50 states, the District of Columbia, Puerto Rico and the U.S.
Virgin Islands. Arch Specialty Insurance Company (a Nebraska corporation, NAIC #21199)
is licensed in the state of Nebraska and is eligible as an excess and surplus lines
insurer in additional jurisdictions. Arch Excess & Surplus Insurance Company (a
Nebraska corporation, NAIC #10946) is licensed in the state of Nebraska and is eligible
as an excess and surplus lines insurer in additional jurisdictions. Arch Indemnity
Insurance Company (a Nebraska corporation, NAIC #30830) is licensed in the state
of Nebraska and is eligible as an excess and surplus lines insurer in additional
jurisdictions.
Excess and surplus lines coverages may only be obtained through licensed surplus
lines brokers, except to the extent that insureds may obtain insurance from unauthorized
insurers through lawful direct placements or exemptions that may be applicable due
to the nature of the coverage or the qualifications of the insured. Such exceptions
to the use of a surplus lines broker are highly technical and impose legal obligations
upon the insurer, including filings and tax payments, and should be pursued only
upon qualified professional advice.
Arch Capital Group Ltd., a Bermuda company, Arch Reinsurance Ltd., a Bermuda company,
Arch Insurance Company (Europe) Limited, a company incorporated in England and Wales
(Registered Number 4977362), Arch Underwriting at Lloyd's Ltd, a company incorporated
in England and Wales (Registered Number 6645822) and its related Lloyd’s operations,
Arch Reinsurance Europe Underwriting Limited, a company incorporated in Ireland
(Registration Number 457160), and Arch Risk Transfer Services Ltd. a Cayman Islands
company, are not licensed or otherwise authorized to conduct business in the United
States or Canada and do not engage in or transact any business in the United States
or Canada through this Website or otherwise. Arch Insurance Company (Europe) Limited
is licensed in all jurisdictions which presently comprise the European Economic
Area and is an eligible as an excess and surplus lines insurer in certain states
of the United States. Arch Insurance Company (Europe) Limited is authorized to conduct
reinsurance in all jurisdictions which presently comprise the European Economic
Area. The Canada branch of Arch Insurance Company is licensed in each and every
province and territory of Canada except Prince Edward Island. Arch Reinsurance Europe
Underwriting Limited, Dublin (Ireland), Zurich Branch is authorized to conduct reinsurance
business in Switzerland (to the exclusion of any other insurance business). In other
European countries outside of Switzerland, Arch Reinsurance Europe Underwriting
Limited, Dublin (Ireland), Zurich Branch may only conduct the insurance or reinsurance
business to the extent this is permitted under the applicable and relevant local
laws. Arch Reinsurance Europe Underwriting Limited is authorized to conduct reinsurance
in all jurisdictions which presently comprise the European Economic Area, including
in Denmark through its agent, Arch Re Accident & Health ApS.
2. Privacy.
The Privacy Statement of Arch Capital Group Ltd. and its Subsidiaries applies to
use of this Website, and its terms are made a part of these Terms and Conditions
of Use by this reference. To view the Privacy Statement of each of Arch Capital
Group Ltd. and its Subsidiaries,
click here. Additionally, by using this Website, you acknowledge and agree
that Internet transmissions are never completely private or secure. You understand
that any message or information you send to this Website may be read or intercepted
by others, even if there is a special notice that a particular transmission (for
example, credit card information) is encrypted.
3. Intellectual Property.
The design of this Website and its content are the property of Arch Capital Group
Ltd. or its Subsidiaries and are protected by copyright and other intellectual property
laws. Arch Capital Group Ltd. and its Subsidiaries hereby authorize you to view
and download the content portion of this Website only for your personal use, provided
that you retain, on any copies of the materials, all copyright and other proprietary
notices contained on the original materials. You may not otherwise copy, reproduce,
modify, adapt, display, perform, publish, create derivative works from, store, sublicense,
translate, sell, rent, reverse engineer, decompile, disassemble, or otherwise exploit
this Website or its 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 with
respect to such trade names, trademarks, service marks, logos, or domain names.
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.
You acknowledge that any software which may be available or provided to you on this
Website may contain technology that is subject to strict controls pursuant to export
control laws and regulations of the United States of America and other countries
and jurisdictions. You hereby agree that you will not transfer or export such software
in violation of such applicable export laws and regulations. Arch Capital Group
Ltd. and its Subsidiaries do not authorize the downloading or exportation of any
software or technical data from this Website to any jurisdiction prohibited by such
export controls laws and regulations.
4. Security.
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. Arch Capital
Group Ltd. and its Subsidiaries do not guarantee that such communications will not
be intercepted or changed or that they will reach the intended recipient securely.
5. Disclaimers.
YOUR ACCESS TO AND USE OF THIS WEBSITE ARE AT YOUR SOLE RISK. YOU ARE ENTIRELY LIABLE
FOR YOUR ACTIVITIES. ARCH CAPITAL GROUP LTD. AND ITS SUBSIDIARIES DO NOT WARRANT
THE ACCURACY, COMPLETENESS, TIMELINESS OR OTHER CHARACTERISTICS OF ANY CONTENT AVAILABLE
ON OR THROUGH THIS WEBSITE. THIS WEBSITE AND THE INFORMATION ON IT ARE PROVIDED
"AS IS." ARCH CAPITAL GROUP LTD. AND ITS SUBSIDIARIES MAKE NO REPRESENTATION OR
WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE NON-INFRINGEMENT. ANY
WARRANTIES FOR CONTENT, INFORMATION, DATA, SERVICES, UNINTERRUPTED ACCESS, OR PRODUCTS
PROVIDED THROUGH OR IN CONNCECTION WITH THIS WEBSITE; ANY WARRANTIES CONCERNING
THE AVAILABILITY, ACCURACY, USEFULNESS OR CONTENT OF INFORMATION, OR SERVICES OFFERED
ON OR THROUGH THIS WEBSITE; AND ANY WARRANTIES THAT THIS WEB SITE IS FREE OF VIRUSES,
WORMS, TROJAN HORSES OR OTHER HARMFUL COMPONENTS.
ARCH CAPITAL GROUP LTD. AND ITS SUBSIDIARIES SHALL NOT BE RESPONSIBLE OR LIABLE,
DIRECTLY OR INDIRECTLY, FOR ANY LOSS OR DAMAGE 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, REGARDLESS OF THE CLAIM AS TO THE NATURE OF THE CAUSE
OF ACTION, EVEN IF ARCH CAPITAL GROUP LTD. OR ANY OF ITS SUBSIDIARIES HAS BEEN ADVISED
OF THE POSSIBILITY OF SUCH DAMAGE OR LOSS.
ARCH CAPITAL GROUP LTD. AND ITS SUBSIDIARIES SHALL NOT BE LIABLE UNDER ANY LEGAL
THEORY FOR ANY DAMAGES SUFFERED IN CONNECTION WITH USE OF THIS WEBSITE, INCLUDING
BUT NOT LIMITED TO ANY LOST PROFITS, LOST SAVINGS OR ANY INCIDENTAL OR CONSEQUENTIAL
DAMAGES, WHETHER RESULTING FROM IMPAIRED OR LOST DATA, SOFTWARE OR COMPUTER FAILURE
OR ANY OTHER CAUSE, BY YOU OR ANY OTHER THIRD PARTY, EVEN IF ARCH CAPITAL GROUP
LTD. OR ANY OF ITS SUBSIDIARIES HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES.
YOU HEREBY EXPRESSLY RELEASE ARCH CAPITAL GROUP LTD. AND ITS SUBSIDIARIES FROM ANY
AND ALL LIABILITY OR RESPONSIBILITY TO ANY DAMAGE CAUSED, DIRECTLY OR INDIRECTLY,
TO YOU OR ANY THIRD PARTY AS A RESULT OF THIS WEBSITE, ITS CONTENT INCLUDING ANYTHING
DOWNLOADED OR ACCESSED. ARCH CAPITAL GROUP LTD. AND ITS SUBSIDIARIES DO NOT REPRESENT
OR WARRANT THAT THIS WEBSITE WILL BE AVAILABLE FOR ACCESS ALL THE TIME OR AT ANY
TIME ON A CONTINUOUS, UNINTERRUPTED BASIS, AND ARE NOT RESPONSIBLE FOR ANY INCONVENIENCE
OR OTHER LOSS THAT YOU MAY SUFFER AS A RESULT. ARCH CAPITAL GROUP LTD. AND ITS SUBSIDIARIES
ARE NOT RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER, HARDWARE, SOFTWARE, OR OTHER
PROPERTY RESULTING IN ANY WAY FROM YOUR USE OF THIS WEBSITE.
6. Forward-Looking Statements.
The Private Securities Litigation Reform Act of 1995 ("PLSRA") provides a "safe
harbor" for forward-looking statements. This report or any other written or oral
statements made by or on behalf of us may include forward-looking statements, which
reflect our current views with respect to future events and financial performance.
All statements other than statements of historical fact included in or incorporated
by reference in this report are forward-looking statements. Forward-looking statements,
for purposes of the PLSRA or otherwise, can generally be identified by the use of
forward-looking terminology such as "may," "will," "expect," "intend," "estimate,"
"anticipate," "believe" or "continue" and similar statements of a future or forward-looking
nature or their negative or variations or similar terminology.
Forward-looking statements involve our current assessment of risks and uncertainties.
Actual events and results may differ materially from those expressed or implied
in these statements. Important factors that could cause actual events or results
to differ materially from those indicated in such statements are discussed below,
elsewhere in this report and in our periodic reports filed with the Securities and
Exchange Commission ("SEC"), and include:
- our ability to successfully implement our business strategy during “soft” as well
as “hard” markets;
- acceptance of our business strategy, security and financial condition by rating
agencies and regulators, as well as by brokers and our insureds and reinsureds;
- our ability to maintain or improve our ratings, which may be affected by our ability
to raise additional equity or debt financings, by ratings agencies' existing
or new policies and practices, as well as other factors described herein;
- general economic and market conditions (including inflation, interest rates, foreign
currency exchange rates, prevailing credit terms and the depth and duration of a
recession) and conditions specific to the reinsurance and insurance markets (including
the length and magnitude of the current “soft” market) in which we operate;
- competition, including increased competition, on the basis of pricing, capacity,
coverage terms or other factors;
- developments in the world's financial and capital markets and our access to
such markets;
- our ability to successfully integrate, establish and maintain operating procedures
(including the implementation of improved computerized systems and programs to replace
and support manual systems) to effectively support our underwriting initiatives
and to develop accurate actuarial data;
- the loss of key personnel;
- the integration of businesses we have acquired or may acquire into our existing
operations;
- accuracy of those estimates and judgments utilized in the preparation of our financial
statements, including those related to revenue recognition, insurance and other
reserves, reinsurance recoverables, investment valuations, intangible assets, bad
debts, income taxes, contingencies and litigation, and any determination to use
the deposit method of accounting, which for a relatively new insurance and reinsurance
company, like our company, are even more difficult to make than those made in a
mature company since relatively limited historical information has been reported
to us through September 30, 2011;
- greater than expected loss ratios on business written by us and adverse development
on claim and/or claim expense liabilities related to business written by our insurance
and reinsurance subsidiaries;
- severity and/or frequency of losses;
- claims for natural or man-made catastrophic events in our insurance or reinsurance
business could cause large losses and substantial volatility in our results of operations;
- acts of terrorism, political unrest and other hostilities or other unforecasted
and unpredictable events;
- losses relating to aviation business and business produced by a certain managing
underwriting agency for which we may be liable to the purchaser of our prior reinsurance
business or to others in connection with the May 5, 2000 asset sale described in
our periodic reports filed with the SEC;
- availability to us of reinsurance to manage our gross and net exposures and the
cost of such reinsurance;
- the failure of reinsurers, managing general agents, third party administrators or
others to meet their obligations to us;
- the timing of loss payments being faster or the receipt of reinsurance recoverables
being slower than anticipated by us;
- our investment performance, including legislative or regulatory developments that
may adversely affect the market value of our investments;
- the impact of an inability to reach agreement on a national debt ceiling in the
United States or the perceived inability of the United States to continue to pay
its debt obligations when due, including the possible downgrade of U.S. securities
by credit rating agencies, and the resulting effect on the value of securities in
the Company’s investment portfolio as well as the uncertainty in the market generally;
- material differences between actual and expected assessments for guaranty funds
and mandatory pooling arrangements;
- changes in accounting principles or policies or in our application of such accounting
principles or policies;
- changes in the political environment of certain countries in which we operate or
underwrite business;
- statutory or regulatory developments, including as to tax policy and matters and
insurance and other regulatory matters such as the adoption of proposed legislation
that would affect Bermuda-headquartered companies and/or Bermuda-based insurers
or reinsurers and/or changes in regulations or tax laws applicable to us, our subsidiaries,
brokers or customers; and
- the other matters set forth under Item 1A “Risk Factors”, Item 7 “Management's
Discussion and Analysis of Financial Condition and Results of Operations” and other
sections of this Annual Report on Form 10-K, as well as the other factors set forth
in Arch Capital Group Ltd.'s other documents on file with the SEC, and management's
response to any of the aforementioned factors.
All subsequent written and oral forward looking statements attributable to us or
persons acting on our behalf are expressly qualified in their entirety by these
cautionary statements. The foregoing review of important factors should not be construed
as exhaustive and should be read in conjunction with other cautionary statements
that are included herein or elsewhere. We undertake no obligation to publicly update
or revise any forward looking statement, whether as a result of new information,
future events or otherwise.
7. Stock Quote Disclaimer.
The stock price available through this Website may be delayed, and is provided for
informational purposes only and is not intended for trading purposes. Arch Capital
Group Ltd. and its Subsidiaries or its stock information provider shall not be liable
for any inaccuracies or delays in the quote, or for any actions you might take in
reliance thereon.
8. Indemnification.
You agree to defend, indemnify and hold Arch Capital Group Ltd. and its Subsidiaries
and their employees, agents, officers, directors, contractors, suppliers and other
representatives harmless from and against all liabilities, damages, claims, actions,
costs and expenses (including reasonable attorneys' fees) in connection with
or arising from your use of this Website. Arch Capital Group Ltd. and its Subsidiaries
may, if necessary, participate in the defense of any claim or action at your expense
and any negotiations for settlement. Arch Capital Group Ltd. and its Subsidiaries
reserve 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 Arch Capital Group Ltd. 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 Arch Capital Group Ltd.
9. Remedies for Misuse
You agree that any unauthorized use of this Website or its contents that may cause
Arch Capital Group Ltd. or its Subsidiaries immediate and irreparable harm for which
money damages may not constitute an adequate remedy. You further agree that injunctive
relief, in addition to any other remedies available, may be warranted in order to
enforce these Terms and Conditions of Use. You further understand that unauthorized
use of this Website may expose you to civil and criminal liability and that we may
report violations of these Terms and Conditions of Use to and cooperate fully with
the appropriate law enforcement authorities concerning any violations hereof.
10. Interpretation.
If any provision of these Terms and Conditions of Use is held invalid or unenforceable,
that provision will be enforced to the maximum extent permissible, and other provisions
shall remain enforceable and in full effect. No failure or delay in enforcing any
term, exercising any option or requiring performance shall be a waiver of that or
any other right.
11. Links to Third Party Sites.
This Website may contain hyperlinks to websites operated by persons or entities
other than Arch Capital Group Ltd. or its Subsidiaries. Such hyperlinks are provided
for your reference and convenience only. Please be aware that Arch Capital Group
Ltd. and its Subsidiaries do 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 web sites to which you might link from this Website. You agree not to
hold Arch Capital Group Ltd. and its Subsidiaries responsible for the content or
operation at any other web sites to which you might link from this Website. Selected
content on Arch Capital Group Ltd.'s site is provided by a third party. Arch
Capital Group Ltd. has no control over, and takes no responsibility for supplementing,
correcting or updating that information. Furthermore, Arch Capital Group Ltd. makes
no warranties or representations of any kind whether with respect to its accuracy,
completeness, timeliness or otherwise. Arch Capital Group Ltd. 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 investor
information contained in this Website.
12. Communications.
You agree that you will not upload to, distribute, or otherwise publish on the Website
any slanderous, obscene, libelous, or defamatory material. You are solely responsible
for any content you post to this Website and represent and warrant that such content
(a) shall not be fraudulent; (b) shall not infringe any third party's copyright,
patent, trademark, trade secret or other proprietary rights or rights of publicity
or privacy; (c) shall not violate any law, statute, ordinance or regulation (including
without limitation those governing import/export control, consumer protection, unfair
competition, anti-discrimination or false advertising); and (d) shall not contain
any viruses, Trojan horses, worms, time bombs, cancel bots or other computer programming
routines that are intended to damage, detrimentally interfere with, surreptitiously
intercept or expropriate any system, data or information.
13. Terms for RSS Feeds
Subject to the disclaimers in these Terms and Conditions of Use, you may use the
RSS feeds from this Website. Furthermore, the contents of this Website are protected
by the relevant copyright laws and international copyright treaties and all title,
ownership and intellectual property rights remain the respective property of Arch
Capital Group Ltd. and each of its Subsidiaries with respect to its own Website.
We require proper attribution whenever you use contents from this Website on your
Website. We may restrict, modify, suspend, or terminate your access to these feeds,
in whole or in part, at any time without liability. We reserve the right to ask
that you remove contents in your Website that were derived, copied or otherwise
adapted from this Website.
14. Applicable Law
These Terms and Conditions of Use are governed by the laws of Bermuda. You hereby
consent to the exclusive jurisdiction of the English courts in all disputes arising
out of or relating to the use of this Website. Use of this Website is unauthorized
in any jurisdiction that does not give effect to all provisions of these Terms and
Conditions of Use, including without limitation this paragraph. This does not affect
the user's rights under the mandatory consumer laws of any country.
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