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.

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 and Arch Specialty 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), formerly known as First American Insurance Company, 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), formerly known as Rock River Insurance Company, 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), formerly known as Cross River Insurance Company, 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 04977362), 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, including in Denmark through its agent, Arch Re Underwriting Agency ApS. The Canada branch of Arch Insurance Company is licensed in each and every province and territory of Canada except Prince Edward Island. Arch Reinsurance Ltd., Hamilton (Bermuda), European Branch Zurich 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 Ltd., Hamilton (Bermuda), European Branch Zurich may only conduct the insurance or reinsurance business to the extent this is permitted under the applicable and relevant local laws.

2. Privacy.

This Website is not directed at minors, does not concern products or services intended primarily for personal and non-commercial family or household purposes and does not seek to collect personal information from individuals under the age of 18, subject to the provisions below. Individuals under the age of 18 should receive permission from their parent or legal guardian before providing any personal information on this Website.

By providing personal information or communicating through this Website (a "Communication"), you are granting to Arch Capital Group Ltd. and its subsidiaries (including Arch Reinsurance Ltd., Arch Risk Transfer Services Ltd., Arch Reinsurance Company, Arch Insurance Company, Arch Excess & Surplus Insurance Company, Arch Specialty Insurance Company, Arch Insurance Company (Europe) Limited, Arch Investment Management Ltd. and any branches thereof (hereafter, the "Subsidiaries") a royalty free, perpetual, non-exclusive, unrestricted, worldwide license to use, copy, sublicense, adapt, transmit, create derivative works from and publicly display any such Communication and to sublicense to third parties the unrestricted right to exercise any of the foregoing rights with respect to the Communication or to otherwise provide any of the information contained in the Communication to third parties. Such rights also include the right to exploit any proprietary rights in such Communication, including but not limited to rights under copyright, trademark, service mark or patent under any relevant jurisdiction and the right to transfer any or all of these rights to a successor to our business.

You might elect to send information to us via a form on this Website which requests, among other information, your telephone number and e-mail address. While we typically will use this information only in connection with responding to your inquiry, you also grant us the same rights to such information as those granted for a communication as described in the previous paragraph.

If you submit any personally identifiable information in connection with a career opening or by submitting a resume via this Website, we will use that information only for the purpose of evaluating your qualifications, and we will not share such information with third parties.

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.

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, OR NON-INFRINGEMENT. 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 release or any other written or oral statements made by or on behalf of the Company may include forward-looking statements, which reflect the Company's 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 release 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 forward-looking nature or their negative or variations or similar terminology.

Forward-looking statements involve the Company's 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 and elsewhere in this release and in the Company's periodic reports filed with the Securities and Exchange Commission (the "SEC"), and include:

  • the Company's ability to successfully implement its business strategy during "soft" as well as "hard" markets;
  • acceptance of the Company's business strategy, security and financial condition by rating agencies and regulators, as well as by brokers and its insureds and reinsureds;
  • the Company's ability to maintain or improve its ratings, which may be affected by its 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 and prevailing credit terms) and conditions specific to the reinsurance and insurance markets in which the Company operates;
  • competition, including increased competition, on the basis of pricing, capacity, coverage terms or other factors;
  • the Company's 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 its underwriting initiatives and to develop accurate actuarial data;
  • the loss of key personnel;
  • the integration of businesses the Company has acquired or may acquire into its existing operations;
  • accuracy of those estimates and judgments utilized in the preparation of the Company's 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 the Company, are even more difficult to make than those made in a mature company since relatively limited historical information has been reported to the Company through March 31, 2008;
  • greater than expected loss ratios on business written by the Company and adverse development on claim and/or claim expense liabilities related to business written by its insurance and reinsurance subsidiaries;
  • severity and/or frequency of losses;
  • claims for natural or man-made catastrophic events in the Company's insurance or reinsurance business could cause large losses and substantial volatility in its 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 the Company may be liable to the purchaser of its prior reinsurance business or to others in connection with the May 5, 2000 asset sale described in the Company's periodic reports filed with the SEC;
  • availability to the Company of reinsurance to manage its 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 the Company;
  • the timing of loss payments being faster or the receipt of reinsurance recoverables being slower than anticipated by the Company;
  • the Company's investment performance;
  • material differences between actual and expected assessments for guaranty funds and mandatory pooling arrangements;
  • changes in accounting principles or policies or in the Company's application of such accounting principles or policies;
  • changes in the political environment of certain countries in which the Company operates or underwrites 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 the Company, its subsidiaries, brokers or customers; and
  • the risk and other factors set forth in the Company's Annual Report on Form 10-K and other documents on file with the SEC.

In addition, other general factors could affect the Company's results, including developments in the world's financial and capital markets and its access to such markets.

All subsequent written and oral forward-looking statements attributable to the Company or persons acting on its 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. The Company undertakes 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.

9. 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.

10. 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.

11. 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.

Copyright © 2005 Arch Capital Group Ltd. All rights reserved.  |  Terms and Conditions of Use