These terms and conditions are a legal contract between you (the "User" or "you") and Endurance Specialty Holdings Ltd., a member of the Sompo International group of companies and a wholly-owned subsidiary of Sompo Holdings, Inc. ("Sompo International", "we" or "us") for the use of this web site owned by Sompo International (the "Sompo International Website" or “Site”). In consideration of User being given access to the WeatherConnect Website, User agrees to be bound by these terms and conditions of use (the "Terms"). By accessing or using the WeatherConnectWebsite, you are acknowledging that you have read, understand, and agree, without limitation or qualification, to be bound by these Terms and any additional Terms and Conditions set forth on individual pages of the WeatherConnect Website. If you do not wish to be bound by these Terms and Conditions, do not continue to use or access this WeatherConnect Website.
Your check mark below and continued use of this WeatherConnect Website constitutes your binding acceptance of these Terms and Conditions. Sompo International may, at any time, for any reason and without notice, make changes to (i) the WeatherConnect Website, including its look, format, and content, as well as (ii) the products and/or services as described in WeatherConnect Website. Any modifications will take effect when posted to the website. By your continuing use of the WeatherConnect Website after changes are posted, you will be deemed to have accepted such changes. Updated versions of these Terms and Conditions shall supersede any prior version.
Product and Service Information
Products described in this WeatherConnect Website are provided solely for general informational purposes. The information and descriptions contained herein are not intended to be complete descriptions of all terms, conditions and exclusions applicable to the products and services offered by Sompo International. The precise transaction is subject to the terms, conditions and exclusions in the actual agreements between the parties.
The material contained on this WeatherConnect Website is not intended to be a solicitation or an offer to sell any insurance policy or contract, product or service, nor is the material a complete description of all the terms, conditions and exclusions applicable to any insurance policy or contract, product or service described. These products, and their price, terms and conditions, may not be available in all jurisdictions. Please refer to the actual policy for scope and limitations of coverage.
Sompo International's subsidiary Endurance Specialty Insurance Ltd. is licensed to accept insurance and reinsurance only in Bermuda. Endurance Specialty Insurance Ltd. is not authorized as an insurer in any jurisdiction of the United States. Accordingly, Endurance Specialty Insurance Ltd. does not accept insurance business directly from United States buyers or brokers. Endurance Specialty Insurance Ltd. accepts United States insurance risks only via Bermuda-domiciled brokers, who are, together with other intermediaries and their United States clients, collectively responsible for compliance with United States direct procurement laws and regulations.
Copyrights and Trademarks
Certain names, words, titles, phrases, logos, icons, graphics or designs in the pages of this WeatherConnect Website may constitute trade names, registered or unregistered trademarks or service marks of Sompo International ("Trademarks") or of third parties in which case they are used under license by Sompo International. The display of Trademarks on the WeatherConnect Website does not imply that Sompo International has granted to any third party a license to use such Trademarks. All title and intellectual property rights (including without limitation, copyrights, patents, trademarks and trade secrets) in and to the WeatherConnect Website (including without limitation, related software and any images, photographs, animations, video, audio, music, text and "applets" incorporated into such software, and any copies of the software), are owned by Sompo International, its parent and its affiliates. All title and intellectual property rights in and to the information and content which may be accessed through use of the WeatherConnect Website are the property of the respective content owner and may be protected by applicable copyright or other intellectual property laws and treaties. These Terms and Conditions do not grant you any rights to use such content, nor does it grant you any rights to the WeatherConnect Website other than the right to use the WeatherConnect Website according to these Terms and Conditions.
Restrictions on Use of Materials
We grant you a limited, revocable, and non-exclusive license to access and make personal use of the WeatherConnect Website. Please note that you may not frame or utilize framing techniques to enclose the WeatherConnect Website or any portion thereof without our prior written consent. You agree that you will not use the WeatherConnect Website for (a) any illegal or unauthorized purposes that violate any local, national, or international laws (including but not limited to import, export, copyright, and trademark laws); (b) modifying, copying, distributing, displaying, performing, reproducing, publishing, licensing, creating derivative works from, transferring, selling any of the material on the WeatherConnect Website, unless otherwise authorized by these Terms or in a separate written agreement with Sompo International; (c) attempting to gain unauthorized access to Sompo International’s computer system or engaging in any activity that interferes with the performance of, or impairs the functionality of the WeatherConnect Website or any services provided through the WeatherConnect Website; (d) any resale or commercial or institutional purposes, including use of the WeatherConnect Website to further the purposes of any library, corporation, governmental entity, or any other institution or entity; (e) any downloading or copying of the WeatherConnect Website for any reason other than your personal use, or any use of data mining, robots or similar data gathering and extraction tools; (f) using the WeatherConnect Website to access or collect any personally identifiable information, including any names, email addresses or other such information for any purpose, including, without limitation, commercial purposes; or (g) removing, circumventing, disabling, damaging or otherwise interfering in any way with any security-related features of the WeatherConnect Website aimed at preventing or restricting the unauthorized use of the WeatherConnect Website or any of the materials on the WeatherConnect Website. Sompo International may monitor whether your account is being accessed concurrently through multiple devices. Without limiting anything else herein, if Sompo International discovers concurrent access to the WeatherConnect Website through your account, Sompo International may, in its sole discretion, suspend or terminate your account and/or your ability to use the WeatherConnect Website. You may use the WeatherConnect Website solely for your personal use in a manner consistent with these Terms, and such rights may not be transferred or assigned to any other person or entity. Any other use of the WeatherConnect Website, including but not limited to the aforementioned unauthorized uses, without prior written permission of Sompo International is strictly prohibited. Any unauthorized use by you of the WeatherConnect Website terminates the limited license set forth in this Section without prejudice to any other remedy provided by applicable law. You acknowledge and agree that the unauthorized use of the WeatherConnect Website could cause irreparable harm to Sompo International and that in the event of such unauthorized use, Sompo International shall be entitled to an injunction in addition to any other remedies available at law or equity.
Accuracy of Information Contained in this WeatherConnect Website
The information contained in this WeatherConnect Website is subject to change without notice. Sompo International has no commitment to update the information contained herein and makes no representations or warranties with regard to such information. You are responsible for evaluating the quality, accuracy, completeness, and usefulness of all information and views provided in this WeatherConnect Website. In providing the information contained in this WeatherConnect Website, Sompo International and any third party authors of the information are not rendering any legal, accounting or other professional advice or opinions on specific facts or matters. Sompo International assumes no liability whatsoever in connection with your use of this information. You should always consult with your own professional advisors with respect to your situation.
SOMPO INTERNATIONAL MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION CONTAINED IN THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED ON THIS WEATHERCONNECT WEBSITE FOR ANY PURPOSE. ALL SUCH DOCUMENTS AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. SOMPO INTERNATIONAL HEREBY DISCLAIMS ALL WARRANTIES WITH REGARD TO THIS INFORMATION, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. IN NO EVENT SHALL SOMPO INTERNATIONAL BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION BASED ON CONTRACT, NEGLIGENCE OR OTHER TORT, ARISING OUT OF OR IN CONNECTION WITH THE USE OF INFORMATION OR PERFORMANCE AVAILABLE FROM THIS WEATHERCONNECT WEBSITE. SOMPO INTERNATIONAL MAKES NO WARRANTIES OR GUARANTEES THAT ANY INFORMATION DIRECTLY OR INDIRECTLY TRANSMITTED TO OR FROM THIS SERVER IS SECURE OR THAT ANY INFORMATION CONVEYED WILL BE PRIVATE. SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IF ANY PART OF THIS LIMITATION ON LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE TOTAL LIABILITY OF SOMPO INTERNATIONAL SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100). YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE WEATHERCONNECT WEBSITE IS TO STOP USING THE SITE.
User Indemnification
You shall indemnify Sompo International and its directors, officers, employees, agents, and contractors and those of its affiliates (“Sompo International Indemnitees”) against all claims, actions, suits, and other proceedings (“Claims”) arising out of or incurred in connection with the WeatherConnect Website and your use of the WeatherConnect Website, or any services, product or data obtained through the WeatherConnect Website, your fraud, violation of law, negligence, willful misconduct, or any other use of the WeatherConnect Website, the services, products, information and other materials on, in and made available through the WeatherConnect Website, except to the extent attributable to Sompo International, or any breach by you of these Terms and shall indemnify and hold Sompo International Indemnitees harmless from and against all judgments, losses, liabilities, damages, costs, and expenses (including reasonable attorneys’ fees and attorneys’ disbursements) arising out of or incurred in connection with such Claims. You may not settle any Claim without the prior written consent of Sompo International. Sompo International may assume the defense of any Claim, at its sole cost and expense, and you shall cooperate in all reasonable respects in such defense. You shall have the right to employ separate counsel in any Claim and to participate in the defense thereof. If Sompo International does not notify you that it elects to undertake the defense thereof, you shall have the right to defend the Claim with counsel reasonably acceptable to Sompo International, subject to the right of Sompo International to assume, at its sole cost and expense, the defense of any Claim at any time prior to the settlement or final determination thereof.
Passwords and Security
Certain areas of this WeatherConnect Website are accessible only through the use of user identification and passwords. If you have assigned or selected user identification and passwords for access to these restricted areas, you are responsible for maintaining the security and confidentiality of that information and all information obtained through access to these restricted areas. You are responsible for all activities undertaken under your identification and passwords. You may not allow any other person to use your identification or passwords. Your right to use the WeatherConnect Website or to designate users of the WeatherConnect Website within your company is not transferable to another corporate entity unless agreed in writing by Sompo International.
Hyperlinks
As a convenience to you, this WeatherConnect Website may contain links to other sites independently maintained by others. Because Sompo International does not control these other linked sites, Sompo International cannot make any representations regarding these other linked sites and is not responsible for the content, terms and conditions, or accuracy of the materials on these linked sites. In addition, the link to these sites should not be construed as a recommendation, endorsement, adoption or approval by Sompo International of any products or services offered by the sponsors of these linked sites, or the views or opinions expressed therein. Sompo International is not responsible for your use of such linked sites or the products or services offered by the sponsors of these linked sites. You should make your own independent investigation and evaluation before acquiring any such products or services.
Data Protection and Privacy
By accessing the WeatherConnect Website, you agree without any limitation or qualification that Sompo International has the right to monitor Sompo International's internet services electronically from time to time and your access thereto and use thereof, and to disclose any information as necessary to satisfy any law, regulation or governmental request or to protect itself.
Subject to our Privacy Policy , any information or communication that you transmit to or via the WeatherConnect Website by electronic mail or otherwise, including data, questions, comments, or suggestions will be treated as non-confidential and non-proprietary and will become the property of Sompo International. Please review our Privacy Policy, which also governs your visit to the WeatherConnect Website, so that you may understand our privacy practices.
General
By virtue of maintaining this WeatherConnect Website, Sompo International shall not be construed to be doing or transacting business or otherwise be subject to the jurisdiction of any governmental authority in which the user, or this website or any linked site server or Internet provider is resident, domiciled or located. With respect to any dispute regarding the WeatherConnect Website, your rights and obligations and all actions contemplated by these Terms shall be governed by the laws of Bermuda, as if the Terms were a contract wholly entered into and wholly performed within Bermuda. Any dispute relating in any way to your visit to the WeatherConnect Website shall be submitted to confidential arbitration in Bermuda, except that, to the extent you have in any manner violated or threatened to violate our intellectual property rights, we may seek injunctive or other appropriate relief in the United States District Court for the Southern District of New York or the Supreme Court of New York located in New York City and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this agreement shall be conducted under the rules then prevailing of the Chartered Institute of Arbitrators Bermuda Branch. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under these Terms shall be joined to an arbitration involving any other party subject to these Terms, whether through class arbitration proceedings or otherwise.
If any provision of these Terms and Conditions are found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect. No waiver of any term of these Terms and Conditions shall be deemed a further or continuing waiver of such term or any other term. Except as expressly provided in material on a particular page of this WeatherConnect Website, these Terms and Conditions constitute the entire Agreement between you and Sompo International with respect to use of this WeatherConnect Website.
Nothing contained in these Terms shall be construed as creating any agency, partnership, or other form of joint enterprise between us. Sompo International's failure to require your performance of any provision hereof shall not affect the full right to require such performance at any time thereafter, nor shall our waiver of a breach of any provision hereof be taken or held to be a waiver of the provision itself. In the event that any provision of these Terms shall be unenforceable or invalid under any applicable law or be so held by any applicable court decision, such unenforceability or invalidity shall not render these Terms unenforceable or invalid as a whole. We will amend or replace such provision with one that is valid and enforceable and which achieves, to the extent possible, our original objectives and intent as reflected in the original provision.
If you have any questions regarding these Terms, please contact us by e-mail at legal@sompo-intl.com.
Update of Legal Notice and Terms of Use
The terms of these Terms and Conditions will be placed on the WeatherConnect Website, and may be updated and modified from time to time without any notice. Accordingly, you will be bound by the most recent version of these Terms and Conditions as contained on the WeatherConnect Website.
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