EXCESS LINE ASSOCIATION OF NEW YORK TERMS OF USE AND PRIVACY POLICY

Version date:  July 16, 2026

Excess Line Association of New York (“ELANY”) operates the website located at www.elany.org (the “Webpage”) to provide online access to information about services provided by ELANY (the “Information”) and to facilitate the stamping of excess line insurance transaction documents in accordance with New York laws and regulations (the “Services”).  ELANY also operates two or more portals that are accessible from or integrated with the Webpage. These portals (the “Broker Portal” and the “Market Portal,” respectively) are used in the performance of broker and insurer compliance obligations and ELANY’s services related thereto (collectively, the “Purpose”).  The portals are accessed by ELANY’s member brokers, insurers, or their respective authorized representatives. The “Site” shall mean such portals and the Webpage, collectively, including any web-based portal, software platform, databases, and related services owned and operated by ELANY, including all updates, upgrades, modifications, and enhancements thereto made available by ELANY from time to time, other than ELANY’s internal system or intranet (the “ELANY System”).

Throughout this agreement, we will refer to persons who access any part of the Site as “you” or “User” interchangeably.  References to “User” and “you” shall include the Authorized Organization you represent. "Authorized Organization" means the employer, commercial entity, or other organization on whose behalf User is authorized by ELANY to access and use the Site.

By using the Site in the course of your employment or business, you enter into this Agreement both on your own behalf and in your individual capacity as an employee, officer, agent or partner (collectively, “Representative”) of such Authorized Organization which you represent, and references in this Agreement to "you" shall mean both you as the individual user of the Site and you in your capacity as a representative of the Authorized Organization.

By accessing and using the Site, you agree to each of the terms and conditions set forth herein (“Terms of Use”). These Terms of Use are referred to as this “Agreement.” 

1. ACCESS TO THE SITE CONSTITUTES ACCEPTANCE

By using the Site, you acknowledge that you have fully read and agree to be bound by the provisions of this Agreement, exactly as if it were printed on paper and signed by you. If you do not agree to be bound by this Agreement in its entirety, then you must immediately stop using the Site and notify ELANY that you are relinquishing any portal access credentials you have been granted. With respect to any ELANY portals, you will be bound by the terms of this Agreement until ELANY deactivates your access credentials.

ELANY reserves the right to modify this Agreement at any time without giving you prior notice. Your use of the Site following any such modification constitutes your agreement to follow and be bound by the Agreement as modified. ELANY may require you to agree to additional terms contained within an addendum to this Agreement, for instance, as a condition to accessing certain ELANY portals. Such an addendum shall be fully incorporated into and part of this Agreement.  Any portal-related addendum to this Agreement agreed before the modification of this Agreement shall also apply to the modified Agreement unless expressly stated otherwise. The date of the most recent version of this Agreement is stated above.

Notwithstanding the foregoing, any subsequent signed agreement between you and ELANY will supersede any conflicting terms in this Agreement.

2. DESCRIPTION OF INFORMATION AND SERVICES

The Site provides Information that comprises a variety of resources, and may include information about ELANY and its mission, reports and other documents related to ELANY, its organization and activities, information about contacting ELANY, links to the New York Department of Financial Services, and other excess line insurance resources, as well as other materials and information related to ELANY and excess line insurance. The Information, including any updates, enhancements, and new features are provided subject to the terms of this Agreement. ELANY also provides services that include the creation and management of user accounts for the purpose of conducting transactions for the stamping of excess line insurance and the collection of stamping fees (the “Services”).

3. RESTRICTIONS ON USE

User shall not, and shall not permit any User or third party to:

A. Use or attempt to gain access to any portion of the Site for any purpose other than the Purpose or in any manner not expressly authorized by this Agreement;

B. Use the Site to store, transmit, or process any data or materials that are unlawful, infringing, defamatory, obscene, or otherwise objectionable;

C. Use the Site in any manner that violates the rights of any third party or exposes ELANY to liability;

D. Benchmark, conduct competitive analysis, or otherwise use the Site to develop, market, or support any competing product or service; or

E. Conspire with, aid or abet any third party in engaging in any activities prohibited in this Agreement.

4. INTELLECTUAL PROPERTY

The Information, the Services, the Site, and all information and content that you see, hear or otherwise experience on the Site (the “Content”) are protected by U.S. and international copyright, trademark and other laws, and belong to ELANY or its parent, partners, affiliates, contributors or third parties.

ELANY grants you a personal, non-exclusive, non-transferable license to use the Site, the Service and the Content and to download, print and store portions of the Content that you select, provided that you do not modify or alter the Content in any way, or delete or change any copyright or trademark notice, and provided that you abide by any more specific limitations included in or on the content or the portion of the Site from which you access it. No right, title or interest in any downloaded Content or materials is transferred to you because of this license. ELANY reserves complete title and full intellectual property rights to any Content you download from the Site, subject to this limited license for you to make personal use, or your company’s internal use, of the Content as set forth herein, and not for reproduction or use in your external-facing work product. You shall not distribute, sublicense, lease, rent, loan, or otherwise transfer the Site or any access rights thereto to any third party;

You shall not copy, reproduce, modify, create derivative works of, reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code, underlying ideas, algorithms, or structure of the Site or any component thereof;

You may not use any of the marks or logos appearing throughout the Site without express written consent from the trademark owner, except as permitted by applicable law.

You may not mirror, replicate or frame the home page or any other pages of this Site on any other website or webpage.

If you wish to make any general complaint regarding any Content then please contact ELANY at [email protected].

ELANY's agent for notice purposes under 17 U.S.C. § 512 is (notices of infringement must be made in writing):

EXCESS LINE ASSOCIATION OF NEW YORK
120 Wall Street, 24th Floor
New York, NY 10005
(646) 292-5500
[email protected]

5. DISCLAIMER OF WARRANTIES

ELANY PROVIDES THE ELANY WEB SITE AND ALL CONTENT AND SERVICES RELATED THERETO STRICTLY ON AN "AS-IS" BASIS. SAVE TO THE EXTENT REQUIRED BY ANY MANDATORY APPLICABLE LAW, NEITHER THE ELANY WEB SITE, NOR ANY CONTENT OR SERVICES PROVIDED ON OR IN CONNECTION WITH THE ELANY WEBSITE ARE SUBJECT TO ANY WARRANTY OR CONDITION, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE OR USE, AND NON-INFRINGEMENT. ELANY DOES NOT GUARANTEE THE ACCURACY OR COMPLETENESS OF THE ELANY WEB SITE OR ITS CONTENTS. IN ADDITION, ELANY DOES NOT GUARANTEE THAT THE ELANY WEBSITE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY SERVICE WILL CONTINUE TO BE AVAILABLE.

The information or content of this site is not intended to provide specific advice about individual legal, business, or other questions, and it is not a substitute for your independent research and evaluation of any issue. If specific legal or expert advice is required or desired, you should seek the services of an appropriate, competent professional.

The information provided does not constitute legal advice or opinion and does not supersede any mandate or ruling of New York State or the NY Department of Financial Services. Consult competent counsel licensed in the appropriate jurisdiction for legal or tax advice. Modification in any form of the information or content contained in this website without the express written consent of ELANY is strictly prohibited. 

Third Party Disclaimers

A.M. BEST Disclaimer Notice. Please see “Understanding Best’s Credit Ratings” at http://www.ambest.com/ratings for rating disclosures related to the use and limitations of Best’s Credit Rating and for additional information regarding the development of Best’s Credit Rating, and other ratings-related information and definitions. Best’s Credit Ratings® reproduced herein appear under license from A.M. Best and do not constitute, either expressly or impliedly, an endorsement of ELANY or its recommendations, formulas, criteria or comparisons to any other ratings, rating scales or rating organizations which are published or referenced herein.  A.M. Best is not responsible for transcription errors made in presenting Best’s Credit Ratings®. Best’s Credit Ratings® are proprietary and may not be reproduced or distributed without express written permission of A.M. Best Company.

S&P Disclaimer Notice.  Reproduction of any information, data or material, including ratings (for the purposes of this paragraph, “content”) in any form is prohibited except with the written permission of the relevant party. Such party, its affiliates and suppliers (“content providers”) do not guarantee the accuracy, adequacy, completeness, timeliness or availability of any content and are not responsible for any errors and omissions (negligent or otherwise), regardless of the cause, or for the results obtained from the use of such content. In no event shall content providers be liable for any damages, costs, expenses, legal fees, or losses (including lost income or lost profit and opportunity costs) in connection with any user of the content. A reference to a particular investment or security, a rating or any observation concerning an investment that is part of the content is not a recommendation to buy, sell or hold such investment or security, does not address the suitability of an investment or security and should not be relied on an investment advice. Credit ratings are statements of opinions and are not statements of fact.

6. ADDITIONAL DISCLAIMERS

Without limiting any other disclaimers set forth in this Agreement:

A. Correction of Errors and Inaccuracies. The Content may contain typographical errors or other errors or inaccuracies and may not be complete or current. ELANY therefore reserves the right to correct any errors, inaccuracies or omissions and to change or update the Content at any time without prior notice. ELANY does not, however, guarantee that any errors, inaccuracies or omissions will be corrected.

B. Third-Party Links. Hypertext links to third party web sites or information do not constitute or imply the endorsement, sponsorship or recommendation by ELANY of the third-party, the third-party web site, or the information contained therein, unless expressly stated on the Site. You acknowledge and agree that ELANY is not responsible for the availability of any such web sites and that ELANY does not endorse or warrant, and is not responsible or liable for, any such web site or the content thereon. You need to make your own decisions regarding your interactions or communications with any other web site. Further, you should consult the privacy statements or policies posted on third-party sites to determine how your personal information, if provided by you, may be utilized by the proprietors of such third-party sites. ELANY disclaims all responsibility and liability for the collection and transfer of information collected by such other third-party websites.

C. Financial Information. Financial summaries relating to insurers or their representatives contain information helpful to New York excess line brokers in meeting their non-delegable duty to use “due care” in the selection of a financially secure excess line insurer. It remains the responsibility of the broker under §2118 of the New York Insurance Law and §27.13 of Regulation 41 to use "due care" in selecting the unauthorized insurer from whom policies are procured under an excess line broker license.

Further, all New York excess line insurance brokers are members of ELANY as a condition to holding an excess line insurance broker license from the New York Department of Financial Services. ELANY does not promote or endorse the services or products of one ELANY member or of any insurer over any other member or insurer. The Site may contain links to ELANY member or insurer websites, or contain links to websites containing products, services or publications other than those of ELANY. As stated above, ELANY does not endorse, approve, certify or control these external websites, and is not responsible for the content or operation of any site or content linked to the Site.

7. TEXT LINKS

You may provide a hypertext link to the Site on your website if the usage of the link does not create an appearance of authorship, sponsorship, or endorsement by ELANY.

8. GEOGRAPHIC LIMITS ON USE

Like most Internet websites, this Site is accessible worldwide. However, ELANY Information and Services are specific to the State of New York, and provision of the Information and Services are thusly limited. You agree to comply with all applicable laws and local rules of New York and of your jurisdiction regarding the transmission of technical data, acceptable content, and online conduct.

9. LIMITATION OF LIABILITY

EXCEPT AS REQUIRED BY ANY APPLICABLE MANDATORY LAW, IN NO EVENT WILL ELANY, OR ANY OF ITS MEMBERS, EMPLOYEES, VENDORS, OR AGENTS BE LIABLE WITH RESPECT TO THIS AGREEMENT, THE SITE, OR ANY CONTENT FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, RELIANCE, PUNITIVE, OR EXEMPLARY DAMAGES, OR ANY LOSS OF PROFITS, DATA, OPPORTUNITY, SAVINGS OR INTEREST, OR ANY PENALTIES OR ASSESSMENTS IMPOSED UNDER APPLICABLE TAX LAWS OR OTHERWISE, EVEN IF ELANY, OR ITS AGENTS, HAS BEEN ADVISED OF THE LIKELIHOOD THEREOF.

10. RESERVATION OF RIGHTS

ELANY reserves the right in its sole discretion, and at any time (under no penalty or liability of any kind) to: (a) suspend or terminate access or use of all or any part of the Site; (b) change the format and contents of the Site; or (c) suspend, terminate operation, or block all or part of the Site.

11. INDEMNIFICATION

ELANY provides the Site, Information, and Services solely as accommodation to you, and ELANY will not accept any risks arising from your use of the Site. You agree to indemnify, defend and hold harmless ELANY, its parent companies, subsidiaries, affiliated companies, joint venturers, business partners, licensors, employees, agents, contractors, and any third-party information providers to the Service from and against all claims, losses, expenses, damages and costs (including, but not limited to, direct, incidental, consequential, exemplary and indirect damages), and reasonable attorneys’ fees, resulting from or arising out of your use, misuse, or inability to use the Services, the Site, the Information or any content, your reliance upon Information or any content contained on the Site, or any violation by you of this Agreement.

12. GENERAL PROVISIONS

This Agreement, along with any addenda that specifically reference and are incorporated into this Agreement, constitutes the entire agreement of the parties with respect to the subject matter hereof. No waiver by ELANY of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. If any part of the Agreement is determined by a court of competent jurisdiction to be invalid or unenforceable, it will not impact any other provision of the Agreement, all of which will remain in full force and effect. Any and all disputes relating to the Agreement, or your use of the Site, the Service, or the Content (collectively, “Disputes”) are governed by, and will be interpreted in accordance with, the laws of the State of New York, without regard to any conflict of laws or provisions. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement. Any Dispute venue will be in a state or federal court situated in New York, New York, and you hereby irrevocably submit to the personal jurisdiction of such courts for that purpose.

All provisions of this Agreement that by their nature or express terms are intended to survive termination, including without limitation all definitions, representations and warranties, covenants, indemnifications, confidentiality obligations, limitations of liability, dispute resolution provisions, intellectual property rights and licenses, ownership provisions, audit rights, and any other obligations that expressly survive or that are necessary to interpret, enforce, or give effect to any surviving provision, shall survive any expiration, termination, or cancellation of this Agreement indefinitely or for such longer period as may be specified herein or required by applicable law, regardless of the termination of this Agreement.

13. PRIVACY POLICY AND TERMS

ELANY or its service providers may record certain information about your visit, such as the name of the Internet service provider and the Internet Protocol ("IP") address through which you access the Internet, the date and time you access the Site, the uniform resource locator ("URLs") of the web sites and pages you visit (before, during, and after your visit to the Site), information about the computer hardware and software you use and other information that may be available. Also, ELANY or its service providers may use "cookies" to recognize you on return visits. Cookies enable ELANY to enhance your browsing experience, enable account functionality, as well as to collect additional relevant information about you.

You may adjust your browser settings or use other means to prevent cookies from being placed on your computer, but doing so may result in reduced functionality and a less personalized browsing experience.

This information is used by ELANY for several purposes:

• to monitor use of the Site,
• to improve Information, Services, and other content offered on the Site,
• to diagnose server issues,
• to solve technical problems,
• to collect information about attempted unauthorized access, and
• to administer the Site.

While performing its Services, ELANY must collect and make use of certain personal data for insurance licensees and their insured customers (“personal data”).

The insurance licensees’ personal data includes:

• name,
• address and other contact information, and
• the licensee’s tax ID number and the licensee’s insurance license number.

Insured customers’ personal data collected includes:

• name,
• address, and
• other contact information and insurance policy information.

The personal data will be shared with the New York Department of Financial Services and other agencies to the extent necessary to carry out the excess line insurance stamping process, or otherwise as needed to carry out ELANY’s obligations under state law.

Aggregated forms of personal data, with no personally identifiable information, will be used to generate reports on ELANY’s activities, and may be shared publicly. Personal data will not be shared in any other way outside of ELANY without obtaining consent from the affected parties. ELANY will use the data internally among ELANY staff, leadership, or contractors as is necessary in the performance of ELANY’s services and obligations. ELANY’s use of personal data complies with applicable laws and regulations.

ELANY will safeguard, according to prudent security standards, information considered confidential by law. To protect against unauthorized access or use of this information, we maintain industry-standard electronic and procedural safeguards to guard your information.

14. Data Protection

All Authorized Organizations shall maintain an information security program that complies with the New York Department of Financial Services’ Cybersecurity Regulation 23 NYCRR Part 500. Each User shall abide by such terms. You shall not:

A. Interfere with or disrupt the integrity, security, or performance of the Site or ELANY System or any data contained therein;

B. Use any robot, spider, scraper, or other automated means to access the site or ELANY System or extract data therefrom, except as expressly permitted by ELANY in a signed writing;

C. Transmit any viruses, worms, malware, or other harmful code through the Site or ELANY System;

You agree not to take any action that might compromise the security of the Site, render the Site inaccessible to others or otherwise cause damage to the Site or the Content. You agree not to add to, subtract from, or otherwise modify the Content. You agree not to use the Site in any manner that might interfere with the rights of third parties.

The Authorized Organization in connection with your User status shall implement and maintain appropriate administrative, technical, and physical safeguards to protect the security and confidentiality of all access credentials and to prevent unauthorized access to or use of the Site or ELANY System. You shall immediately notify ELANY of any actual or suspected unauthorized access to or use of the ELANY Site or System or any access credentials.

15. QUESTIONS, OBJECTIONS, OR ADDITIONAL INFORMATION

If you have questions regarding this Agreement, any objections you wish to raise regarding this Agreement, or wish to obtain additional information, please send an e-mail to [email protected].