Terms & Conditions
The words "you" and "your" refer to the website visitor, the Policy Owner, and anyone granted access to this website by the Policy Owner. The words "we", "us", and "our" refer to biBERK. biBERK.com is referenced as biBERK throughout this agreement.
Agreement to be legally bound by these terms and conditions
Please read these Terms and Conditions of Website Use before using this website. When you access and use this website, including accessing any website pages or downloading any content, you accept and agree to abide and be legally bound by these Terms and Conditions.
All trademarks, service marks, trade names, logos, icons, and domain names are proprietary to biBERK. Nothing contained on the website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademarks, service marks, trade names, logos, icons, and domain names displayed on this website without the written permission of biBERK. Your use of the trademarks, service marks, trade names, logos, icons, and domain names displayed on this website, or any other content on this website, except as provided herein, is strictly prohibited. Images displayed on this website are either used with permission, or are the property of biBERK, and the use of these images by you or anyone else authorized by you is strictly prohibited.
The material provided on the website including any information, tools, features, content and any images incorporated in the site, is solely for your lawful, personal, private use. You may not modify, republish, or post anything you obtain from this website, including anything you download from the site, unless you first obtain our written consent. You may not engage in systematic retrieval of data or other content from this website. We request that you not create any kind of hyperlink from any other site to ours unless you first obtain our written permission.
You agree not to monitor, gather or copy any content on this website by using any type of robot, "bot," spider, crawler, spyware, engine, device, software, extraction tool or any other automatic device, utility or manual process of any kind. You also agree to not frame or utilize framing techniques to enclose any trademark or other proprietary information. You agree not to send more request messages to the website’s servers in a given period of time than a human can reasonably produce in the same period of time using a conventional on-line web browser, or comb the site using automated devices for the purpose of displaying the website contents on any other website. You agree to not attempt to circumvent the security systems of the website. You agree to not attempt to gain unauthorized access to services, materials, other accounts, computer systems or networks connected to any biBERK web service. You agree to not attempt to use the website for any purposes other than those intended by biBERK. You agree to not upload or submit any data or information that contains viruses or any other computer code, corrupt files or programs designed to interrupt, destroy or limit the functionality or disrupt any software, hardware, telecommunications, networks, servers or other equipment. You agree to not engage in any activity that interferes with a user’s access to this website or the proper operation of this website. You also agree that, in using this website, you will not impersonate any person or entity.
Notwithstanding the foregoing, biBERK grants the operators of public search engines permission to use spiders to reference or link to materials on the website for the sole purpose of creating publicly available searchable indices of the materials. biBERK reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including usernames, from the website, nor to use the communication systems provided by the website (e.g. comments, email) for any purpose. You agree not to solicit, for commercial purposes, any users of the website.
Ownership of Information
All information that you submit to biBERK through this website shall be deemed and remain the property of biBERK. We shall be able to use, for any purpose, any ideas, concepts, know-how or techniques contained in such submitted information. We shall not be subject to any obligations regarding such information except with respect to personally identifiable information or data as legally required. You agree not to provide, and we prohibit you from providing any information or material to biBERK that is libelous, defamatory, threatening, obscene, abusive, harassing, or otherwise violates any law, or violates any rights of any other person or entity.
Availability of Products
Not all of the products and services described on this website are available in all geographic areas of the United States. You may not be eligible for all of the insurance products and services described on this website, and your state may require additional minimum coverage limits. biBERK reserves the right to determine all eligibility for such products and services in its sole discretion.
We do not in any way imply that the materials on the websites or the products we discuss are available or for use outside the United States or in jurisdictions in which we are not licensed to do business or that we are soliciting business in any such jurisdiction. biBERK does not guarantee that all products currently offered on our website will remain available on an ongoing basis.
The website may provide a general description of certain types of insurance products, coverage and services available through biBERK. These descriptions are not a part of an insurance contract or policy and do not amend, revise or alter the terms of any policy or endorsement issued through or services provided by biBERK. Your coverage is subject to the terms and conditions of your insurance policy.
UserID / Password Use
While we cannot guarantee that information transmitted through the Internet is secure, for certain types of communications through this web site, biBERK may require the use of available technologies or other precautions provided for your protection and/or require you to use user identification information ("userIDs") such as your email address and passwords. You are responsible for all activities executed under your userID and are the only one who may use it. You are responsible for protecting your userIDs and passwords from disclosure to third parties and you are not permitted to avoid the use of required encryption technologies. It is a violation of these terms and conditions for you to allow another person to use your userID and its associated passwords, use the userID and password assigned to another person, or attempt to gain access to resources for which you are not authorized. Accessing resources on our website without authorization or exceeding authorized access is a serious breach of security and may constitute a criminal act.
When you select a password and sign-up in order to access biBERK's online policyholder services, you agree to the following conditions:
- biBERK is authorized to act on instructions received under your password without any requirement to question those instructions;
- biBERK is not liable for any loss caused by the authorized or unauthorized access to your personal information;
- Your password contains sensitive information and you will keep it confidential and not disclose it to unauthorized users as you agree that the security of your password will be your responsibility at all times;
- You have responsibility for all activities that occur under your password;
- You should notify biBERK immediately by telephone () or email (CustomerService@biBERK.com) if you believe anyone else has learned your password or if you believe an unauthorized access to biBERK or your personal information has occurred or may occur;
- You are responsible for any damage to biBERK, its subsidiaries, affiliates, or customers, including but not limited to: any denial of service, deletion or modification or creation of data; unauthorized access to data; or, any other damage arising from use of this password.
Limitation of Liability
You expressly understand and agree that any injuries or damages resulting from or associated with your use of this website will not be the responsibility of biBERK, including but not limited to, injuries or damages caused by any of the following: use of (or inability to use) the website or any other third party website that may be linked to this website, failure of performance, error, omission, interruption, defect, delay in operation or transmission, incomplete or garbled transmission, computer virus, hardware or software failure, or, line or system failure.
In no event will biBERK, its directors, officers, employees, agents, shareholders, consultants, subsidiaries, or affiliates, be liable for any direct, indirect, special, consequential, incidental, punitive, or exemplary damages (including, without limitation, any damages for lost profits, business interruption, loss of programs or data on your equipment, or otherwise), however caused and on any theory of liability, whether in contract, strict liability, or tort (including negligence or otherwise) arising in any way out of the use of this website or its links even if biBERK has been advised of the possibility of any such damages. It is your responsibility to notify biBERK of any changes to any e-mail addresses or personal information and to adhere to the original or any changed or updated system requirements. Exemptions of implied warranties may not be allowed in all states and jurisdictions.
You must defend, indemnify, and hold harmless biBERK, its directors, officers, employees, agents, shareholders, consultants, subsidiaries, or affiliates, from and against all claims and expenses, including attorney's fees, arising out of the use of the biBERK website.
To the extent permitted by applicable law, the material on our websites is provided "as is" and biBERK disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, or non-infringement. biBERK disclaims all express and implied warranties about the material in the website, including but not limited to, warranties that:
- The functional elements contained in the materials will be uninterrupted or error-free;
- That defects will be corrected;
- That our website, or the servers that make them available are free of computer viruses or other harmful components or conditions;
- That information provided by this feature will not be intercepted by others and decrypted;
- That information contained in the website is accurate, reliable, or complete as of any particular date. This disclaimer applies to both isolated and aggregate uses of the website information. You (and not biBERK) assume the entire cost of all necessary servicing, repair, or correction.>
Third Party Websites
Access to third party websites is provided to you as a convenience, only. We do not endorse, control or approve the products, services or information offered to you on any third party website. If you decide to access a linked third party website, you do so solely at your own risk and you are therefore responsible for protecting yourself against viruses or other destructive elements that may occur or result from your use of any third party website.
Information Collection Policies
Some pages on this website collect information directly from individuals who volunteer to use our services. Collection of this information is required to deliver the specific services, but use of these services is voluntary. If you do nothing during your visit to the website but browse or download information, some pages may automatically collect and store the following information about your visit:
- The Internet Protocol Address, domain name, and email address used.
- The type of browser and operating system you used.
- The date and time you visited this website.
- The web pages or services you accessed at this site.
- The website you visited prior to coming to this website.
- The website you visit as you leave this website.
- If you downloaded a form, the form that was downloaded.
These Terms and Conditions of Website Use, and the agreement they create, shall be deemed to have been made and shall be construed and interpreted in accordance with the laws of the State of Connecticut, without regard to any conflict of law provisions. Any dispute arising under these Terms and Conditions shall be resolved by the state and federal courts of the State of Connecticut.
The invalidity or unenforceability of any provision of these Terms and Conditions shall not affect the other provisions hereof. If any provision of these Terms and Conditions is determined by a court or arbitration panel to be unenforceable, such provision shall be deemed severable, and these Terms and Conditions may be enforced with such provision severed or modified by any such court or arbitration panel. These Terms and Conditions shall be deemed automatically amended to include any provisions required by present or future applicable laws or regulations.
You shall not assign these Terms and Conditions without the prior written approval of biBERK.
Any additional agreements that you have with us are separate from these Terms and Conditions. Please be advised that these Terms and Conditions do not modify, amend, or revise the terms or conditions of any other biBERK agreement.
The failure of biBERK to exercise or enforce any right or provision of these Terms and Conditions does not constitute a waiver of such right or provision.
We encourage you to save any and all communications sent by us electronically or through a website post.