Please Read the Terms and Conditons of the Usage Agreement of This Site

Usage Agreement

PLEASE READ THE TERMS AND CONDITONS OF THE USAGE AGREEMENT OF THIS SITE

CAREFULLY.

By accessing this website (“Site”)" and any pages thereof, you acknowledge your agreement with and understanding of the following Usage Agreement pertaining to both the Site and any material on on it. If you do not agree to the terms and conditions below, do not access or use the Site or any pagesthereof.

This Usage Agreement (the "Agreement") applies only to this Site. This Site is operated by and on behalf of Westport Insurance Corporation, North American Specialty Insurance Company, North American Elite Insurance Company, North American Capacity Insurance Company, and First Specialty Insurance Corporation, which are all licensed insurance companies that are part of the Swiss Re group of companies and that are collectively known in this Agreement as “Swiss Re.” Our affiliate's websites may have their own Usage Agreements or Legal Notices that govern use of those websites. Should you visit one of these websites, we encourage you toreview the Usage Agreement and Legal Notice.

In order to use the services offered though the Site, you must be at least 18 years of age and a U. S.

resident. You also agree that the products and services that may be offered or obtained through transactions on the Site are intended to and shall be used entirely for your internal business use and not for any personal, family or household purpose.

LimitedLicense

Subject to the terms and conditions set forth herein, Swiss Re grants to you a non-exclusive, non-assignable, and non-transferable license to access, use and display the Site for your internal business use. This license is conditioned on your continued compliance with the terms and conditions in this Agreement. All rightsnot expressly granted herein are reserved.

Your Responsibilities

1. You acknowledge that the authority to use the Site granted herein, is not a transfer of title in the Site or the materials displayed therein (the "Materials"). Swiss Re owns all intellectual property rights in the Site or has obtained a license from third parties for the use of such intellectual property. You agree that except as otherwise provided herein, no part of the Materials, including but not limited to the text, graphics and html code, may be reproduced or transmitted in any form or by any means without Swiss Re's written consent. You agree not to translate, decompile, or create or attempt to create, by reverse engineering or otherwisethe Site's source code from the object code. You agree not to remove, obscure, or alter any intellectualproperty right notice displayed on the Site. Except as expressly provided herein, Swiss Re does not grant any express or implied right to you under any patent, service mark, trademark, copyright, or trade secretinformation. You agree not to use the Site, or the Materials in a manner that infringes upon or violates any intellectual property right of Swiss Re or any third party.

2. You agree not to interrupt or attempt to intempt the operation of the Site.

3. You agree not to rent, lease, sublicense, distribute, transfer, copy or modify the Site or any componentthereof, or to alter, tamper with, adjust or repair the Site without Swiss Re's prior written consent.

4. You agree not to use the Site, or the Materials in a manner that:

(a) constitutes defamation, libel, invasion of privacy, or violation of any right of publicity or other right of any third party;

(b) is threatening, harassing, obscene or malicious; or

(c) violates any applicable international, federal, state or local law, rule, legislation, regulation orordinance.

5. You acknowledge and agree that Swiss Re reserves the right, but not the obligation, to remove any

Materials from the Site that it deems objectionable.

6. You agree to keep secret any password(s) which may be required for your use of certain services offered through the Site and you shall not disclose such password(s) to third parties or use such password(s) forpurpose not authorized by Swiss Re. If you provide any information that is inaccurate or if you disclose or misuse any password, Swiss Re may terminate your privilege to use the Site.

You acknowledge that any Password assigned by Swiss Re for the purpose of granting access to the Siteto be kept confidential and must not be disclosed to any third party or used for any purpose not expressly authorized herein. You agree not to permit or assist any person or entity to use or gain access to the Siteto provide reasonable security measures to protect against unauthorized use of or access to the Site. Youagree to release and hold harmless Swiss Re, their parent companies, subsidiaries and affiliates from andagainst any suit, claim, liability, loss or damage, including but not limited to the loss of data and anyproprietary information, arising out of your failure to keep any assigned Password confidential, or your use of the Password for any unauthorized purpose.

7. You agree to take the same precautions to ensure that any Materials that you send to the Site are freefrom viruses, worms, trojan horses and other malicious code as you take to protect your own computersystems, or such precautions as would be considered commercially reasonable, whichever will provide the greater protection.

8. You acknowledge that this Agreement incorporates by reference the Privacy Policy posted on the Siteany term in this Agreement conflicts with any term in the Privacy Policy, the terms in this Agreement shall prevail.

9. You agree to the use of Electronic Records and Signatures in connection with all Transactions conducted on this Site and in connection with administration of this Site instead of paper documents and handwritten signatures. Electronic Records and Signatures may be used and relied upon by you and by Swiss Re for all agreements, undertakings, notices, disclosures, and other documents, communications or information ofany type sent or received in accordance with the rules of this Site.

The Transactions covered by this Agreement include Electronic Records and Signatures to be deliveredthe future. The types of Transactions covered by this Agreement include, but are not limited to the data entries,signatures, submissions and confirmations associated with: Registration. Usage Agreement, AnsweringQuestions of an Insurance Application, and View, Read and Retain the Completed Insurance Application

The types of Electronic Records that will be delivered electronically include the Insurance Application.

This Agreement, once given, is considered binding unless and until you effectively withdraw your

Agreement to engage in business electronically. If you want to Withdraw your Agreement to engage inbusiness electronically please contact Swiss Re by calling 800-255-6931 and asking to speak to an attorney in the Commercial Insurance Legal Department. Tell the attorney you desire to withdraw your Agreement and identify this Site and Usage Agreement.

Your Withdrawal will not be effective unless and until you receive a signed written confirmation from us accepting your request for withdrawal of your Agreement to engage in business electronically, and will not affect or invalidate your Agreement to conduct Transactions electronically which occur prior to theeffective date and time stated on our acceptance of your Withdrawal.

Consent to Use Personal Information

You understand and agree that Swiss Re may use any personal information (such as name, address,

telephone number, e-mail address, etc.) provided by you for purposes reasonably related to the performance of the Services and that such contact information may be transferred to and stored in a global databaselocated in the United States of America or elsewhere and maintained by Swiss Re or one of its affiliates.

Linking to the site

Swiss Re does not consent to hypertext links from other websites to this website. Swiss Re reserves theright to revoke this prohibition to link at any time in its sole discretion.

Disclaimer

1. THE INFORMATION AND MATERIALS ON THE SITE, INCLUDING ANY SERVICES OFFERED THROUGH THE SITE, AND ANY SOFTWARE MADE AVAILABLE ON THE SITE, AREPROVIDED "AS IS" WITHOUT ANY REPRESENTATION OR WARRANTY, EXPRESS ORIMPLIED, OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF

MERCHANTABILITY, NONINFFUNGEMENT, OR FITNESS FOR ANY PARTICULAR PURPOSE. SOME JURISDICTIONS DO NOT ALLOW FOR THE EXCLUSION OF IMPLIED WARRANTIES.THEREORE,THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

2. THE MATERIALS MAY CONTAIN INACCURACIES AND TYPOGRAPHICAL ERRORS.

WESTPORT DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE MATERIALS ON THIS SITE, OR THE RELIABILITY OF ANY ADVICE, OPINION, STATEMENT OR OTHERINFORMATION DISPLAYED OR DISTRIBUTED THROUGH THE SITE. YOU ACKNOWLEDGETHAT ANY RELIANCE ON ANY SUCH OPINION, ADVICE, STATEMENT, MEMORANDUM, OR INFORMATION SHALL BE AT YOUR SOLE RISK. SWISS RE RESERVES THE RIGHT, IN ITSSOLE DISCRETION, TO CORRECT ANY ERRORS OR OMISSIONS IN ANY PORTION OF THESITE. SWISS RE MAY MAKE ANY OTHER CHANGES TO THE SITE, THE MATERIALS ANDTHE PRODUCTS, PROGRAMS, SERVICES OR PRICES (IF ANY) DESCRIBED IN THE SITE ATANY TIME WITHOUT NOTICE.

Information provided by third parties

Some information displayed on the Site may be provided by third parties not related to or affiliated with Swiss Re. Use of such information shall not be construed as an endorsement by Swiss Re of such individual or entity, or of the views presented in such information.

The site does not provide advice

The information presented on this Site should not be construed as legal, tax, financial, or accounting advice. You should consult with qualified counsel or other professional advisors familiar with your particularfactual situation for advice concerning specific legal, tax, financial, or other matters before making anydecision.

Limitation of damages

IN NO EVENT SHALL SWISS RE, ITS PARENT OR ANY OF ITS AFFILIATES OR

SUBSIDIARIES BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL,

PUNITIVE OR OTHER DAMAGES (INCLUDING, WITHOUT LIMITATION, ANY LOST PROFIT, BUSINESS INTERRUPTION, LOSS OF INFORMATION OR PROGRAMS OR OTHER DATA) THAT ARE RELATED TO THE USE OF, OR THE INABILITY TO USE, THE CONTENT, MATERIALS,SERVICES AND FUNCTIONS OF THE SITE OR ANY LINKED INTERNET SITE, EVEN IF SWISS RE IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOMEJURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES OR THELIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIALDAMAGES. THEREFORE, SOME OF THE LIMITATIONS ABOVE MAY NOT APPLY TO YOU.

Indemnification

Each party agrees to defend, indemnify and hold harmless the other party, its parent, affiliates, subsidiaries and its directors, officers, employees and agents from and against any and all claims, actions, suits orproceedings, as well as any and all losses, liabilities, damages, costs and expenses (including reasonableattorneys fees) arising out of or related to any breach by the indemnifying pasty of the terms and conditions contained herein.

1. Swiss Re reserves the right, at its sole discretion and without prior notice, to change, modify, add orremove any portion of these Terms and Conditions at any time. You agree to check these Terms andConditions periodically to keep yourself informed of any such changes. Your continued use of this Site constitutes your acceptance of all changes made to these Terms and Conditions. Any such modifications become effective upon the date they are first posted to the Site.

2. Swiss Remay terminate. change, suspend or discontinue any aspect of the Site, including the availability of any features or services of the Site, at any time. Swiss Re may also impose limits on certain features and services or restrict your access to parts or the entire Site without notice or liability. Swiss RE may terminate the authorization, rights and license given above and, upon such termination, you shall immediately cease use of all Materials.

International Users

The Site is controlled, operated and administered by Swiss Re from its offices within the United States of America. Swiss Re makes no representation that the Site or the Materials are appropriate or available foruse outside of the United States. You may not use the Site or export the Materials in violation of U.S.export laws and regulations. If you access this Site from locations outside of the U.S., you are responsible for compliance with all local laws.

Choice of Law

THIS AGREEMENT SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE SUBSTANTIVE LAWS OF THE UNITED STATES AND THE STATE OF KANSAS, WITHOUTREGARD FOR CONFLICT OF LAW PRINCIPLES, AND ANY ACTION SHALL BE INITIATED AND MAINTAINED IN A FORUM OF COMPETENT JURISDICTION IN SUCH DESIGNATED STATE.

Term and Termination

Without limiting its other remedies, Swiss Re may immediately issue a warning, temporarily suspend,

indefinitely suspend or terminate the license granted under this Agreement if you fail to comply with any term or condition of this Agreement. Upon such violation, you agree to terminate access to the Swiss Re Site.

Requirement of Written Agreement

The purchase or sale of insurance between Swiss Re, its affiliates and their customers are governed by

written policies or contracts. The terms of these policies or contracts are binding on the parties. No otherrepresentation, whether made in person, online, electronically (including, but not limited to, representations on this Site), in writing, or by graphic or verbal communication may alter the terms of those policies orcontracts.

Copyright

Swiss Re and/or its direct or indirect subsidiaries owns and retains all copyrights and other rights in thematerial that becomes available through Swiss Re’s Site. Similar rights of third parties remain reserved.

Miscellaneous

This Agreement, along with the Privacy Policy and any other legal notices posted on the Site, represent thecomplete agreement and understanding of the parties with respect to the subject matter herein, andsupersedes any other agreement or understanding, written or oral.

Any cause of action you may have with respect to your use of this Site or its services or materials must be commenced within one (1) year after the claim or cause of action arises.

Should any provision of this Agreement be held by a court to be invalid, illegal, or unenforceable, the

validity, legality and enforceability of the remaining provisions will not be affected. In the event of

termination, the disclaimers and limitations of liabilities set forth in this Usage Agreement will survive.

No waiver by either party of any breach or default hereunder shall be deemed a waiver of any precedingsubsequent breach or default.

THIS IS A CONTRACT. THE FIRST TIME YOU ENTER THIS SITE, YOU MUST CHOOSE TO AGREE WITH THE TERMS OF THIS AGREEMENT. BY CLICKING OF THE “I AGREE” BUTTON BELOW, YOU AFFIRMTHAT YOU ARE THE DULY AUTHORIZED REPRESENTATIVE OF THE APPLICANT BUSINESS AND ON BEHALF OF THE APPLICANT BUSINESS, YOU ACCEPT ALL THE TERMS ANDCONDITIONS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL THE TERMS ANDCONDITIONS OF THIS AGREEMENT, PLEASE CLICK ON THE “I DISAGREE” BUTTON BELOW. PLEASE NOTE THAT YOU WILL NOT BE AUTHORIZED TO USE THE SITE IF YOU DO NOTACCEPT THE TERMS AND CONDITIONS OF THIS AGREEMENT. ON SUBSEQUENT VISITS TO THIS SITE, YOU WILL NOT HAVE TO CLICK THE “I AGREE” BUTTON.