Monarch’s Website Terms and Conditions

In using this website you are deemed to have read, consented and agreed to the following terms and conditions:

The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice: “Client”, “User”, “You” and “Your” refers to you, the person accessing this website and accepting Monarch’s terms and conditions associated with the use of Monarch’s website. “Monarch”, “Ourselves”, “We” and “Us”, refers to Monarch E&S Insurance Services. “Party”, “Parties”, or “Us”, refers to both the Client and Monarch, or either the Client or Monarch. “Site” refers to Monarch’s website and its’ “Royal Rater.”

Privacy Statement

Monarch is committed to protecting your privacy. See our Internet Privacy Notice for details on what data we use, how we use it, and with whom we share your information.

Confidentiality

Customer and insured records are regarded by Monarch as confidential and proprietary and therefore will not be divulged to any third party, other than as set forth in our Internet Privacy Notice, our software and policy issuance vendors, and (if legally required to do so) to the appropriate judicial authorities. Employees who have access to your information are required to maintain and protect the confidentiality of that information. Access to your personal information, or that of your customers/applicants/insureds, may be needed to conduct business on your behalf or to service your insurance coverage. In addition, we maintain physical, electronic and procedural measures to protect your personal information in compliance with applicable laws and regulatory standards.

Exclusions and Limitations / Disclaimer of Warranties / Freedom from Computer Viruses / Accuracy and Use of Information / Continuous Service

Monarch shall not be held liable for any improper or incorrect use of the materials or information described and/or contained in this site, and assumes no responsibility for user’s use of them. The information on this web site is provided on an “as is” basis. Neither Monarch nor its Affiliated Parties will be liable for any loss, injury, claim, liability or damage of any kind resulting from any errors or omissions from the site or any services or products obtainable therefrom, the unavailability or interruption of the site or any features thereof, your use of the site, or the content contained on the site. To the fullest extent permitted by law, Monarch:

  • does not warrant that the functions contained in the materials of this site will be interrupted or error free, that defects will be corrected, or that this site or the server that makes it available are free from viruses or other harmful components
  • does not warrant or make any representations regarding the use of or results of the use of the materials or information in this site, or the accuracy, adequacy, completeness, legality, reliability, or usefulness of any materials or information in this site
  • excludes all representations and warranties relating to this website and its contents or which is or may be provided by any affiliates or any other third party, including in relation to any inaccuracies or omissions in this website and/or Monarch’s literature
  • disclaims all warranties, express or implied, including but not limited to the implied warranties of merchantability and fitness for a particular purpose
  • disclaims any liability for any improper or incorrect use of the materials or information described by or provided in this site, and assumes no responsibility for user’s use of them; and
  • excludes all liability for damages arising out of or in connection with your use of this website. This includes, without limitation, direct loss, loss of business or profits (whether or not the loss of such profits was foreseeable, arose in the normal course of things or you have advised Monarch of the possibility of such potential loss), loss of use, data or profits or business interruption, damage caused to your computer, computer software, systems and programs and the data thereon or any other direct or indirect, consequential and incidental damages 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 site or materials and information herein.

This disclaimer of liability applies to any damages or injury, including but not limited to those caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of record, whether for breach of contract, tortious behavior, negligence or under any causes of action.

Changes may be periodically made to the content of materials or information in this site and these changes may or may not be reflected in the materials or information as presented in the site. Additionally, due to the dynamic nature of the internet, materials and information may be freely available one day and may be restricted the next day, or undiscoverable due to change in the organization of menus, home pages or files.

If you have obtained materials or information claimed to be from Monarch, from a source other than Monarch or this site, be aware that electronic data can be altered subsequent to its original distribution. Also, data and information can quickly become out-of-date. It is recommended that careful attention is paid to the contents of any metadata associated with a file, and that the originator of the data or information be contacted with any questions regarding appropriate use. If you find that errors or omissions in the material or information on this Site, we encourage you to report them to Monarch.

The above exclusions and limitations apply only to the extent permitted by law.

Disclaimer of Endorsement

Reference in this site to any specific commercial product, process or service by trade name, trademark, insurance company or otherwise, does not constitute or imply an endorsement, recommendation or favouring of one carrier over another by Monarch.

Disclaimer for Hypertext Links

Monarch is not responsible for the contents of any off-site materials referenced. The user specifically acknowledges that Monarch is not liable for the defamatory, offensive or illegal conduct of other users, links or third parties, and that the risk of injury from the foregoing rests entirely with the user. Links from this site to other sites on the internet do not constitute an endorsement from Monarch. These links are provided for informational purposes only. It is the responsibility of the user to evaluate the content and usefulness of materials or information obtained from other websites.

Cookies

Like most interactive web sites Monarch’s website uses cookies to enable Monarch to retrieve user details for each visit. Cookies are used in some areas of our site to enable the functionality of this area and ease of use for those people visiting. Some of our affiliate partners may also use cookies.

Links to this Website

You may not create a link to any page of this website without Monarch’s prior written consent. If you do create a link to a page of this website you do so at your own risk and the exclusions and limitations set out above will apply to your use of this website by linking to it.

Copyright Notice

Copyright and other relevant intellectual property rights exist on all text relating to the Company’s services and the full content of this website. Monarch’s name and Royal Rater is a trademark of Monarch. The brand names and specific services of Monarch featured on this web site are also trademarked.

Communication

Monarch has several different e-mail addresses for different queries. These, and other contact information, can be found on our Contact Us link on our website or via Monarch literature or via Monarch’s stated telephone, facsimile or mobile telephone numbers.

Force Majeure

Neither party shall be liable to the other for any failure to perform any obligation under any Agreement which is due to an event beyond the control of such party including but not limited to any act of god, terrorism, war, political insurgence, insurrection, riot, civil unrest, act of civil or military authority, uprising, earthquake, flood or any other natural or man made eventuality outside of our control, which causes the termination of an agreement or contract entered into, nor which could have been reasonably foreseen. Any party affected by such event shall forthwith inform the other party of the same and shall use all reasonable means to comply with the terms and conditions of any Agreement contained herein.

General

These terms of use, including the legal disclaimers and indemnification, shall be governed by and construed in accordance with the laws of the State of California, without giving effect to any principles of conflicts of law. By accessing this website and using our services you consent to these terms and conditions and to the exclusive jurisdiction of the California courts in all disputes arising out of such access. If any of these terms are deemed invalid or unenforceable for any reason (including, but not limited to the exclusions and limitations set out above), then the invalid or unenforceable provision will be severed from these terms and the remaining terms will continue to apply. Failure of Monarch to enforce any of the provisions set out in these Terms and Conditions and any Agreement, or failure to exercise any option to terminate, shall not be construed as waiver of such provisions and shall not affect the validity of these Terms and Conditions or of any Agreement or any part thereof, or the right thereafter to enforce each and every provision. These Terms and Conditions shall not be amended, modified, varied or supplemented except in writing and signed by duly authorized representatives of Monarch.

Indemnification

To the extent permitted by applicable law, you agree to defend, indemnify and hold harmless Monarch, its directors, officers, employees and agents from and against all claims and expenses, including attorneys’ fees, arising out of your use of this site or materials and information contained herein.

Changes and Modifications

Monarch reserves the right to change these conditions from time to time as it sees fit and your continued use of the site will signify your acceptance of any adjustment to these terms. If there are any changes to our privacy policy, we will announce that these changes have been made on our home page and on other key pages on our site. If there are any changes in how we use our site customers’ non-public information, notification by e-mail or postal mail will be made to those affected by this change. Any changes to our privacy policy will be posted on our web site 30 days prior to these changes taking place. You are therefore advised to re-read this statement on a regular basis.

Termination of Access

Monarch reserves the right to terminate your access to Monarch’s website and/or the Royal Rater for any reason, with or without notice.


These terms and conditions form part of the Agreement between you and Monarch. Your accessing of this website and/or use of the Royal Rater indicates your understanding, agreement to and acceptance, of the Disclaimer Notice and the full Terms and Conditions contained herein.