This web site (the "Site") is made available to you by Lancashire Holdings Limited ("Lancashire Holdings") for information purposes only. You should read these terms and conditions of use ("Terms of Use") carefully before using the Site. By accessing or using the Site, you agree to be bound with Lancashire Holdings by these Terms of Use. Lancashire Holdings reserves the right to vary these terms and conditions from time to time without notifying you. By continuing to use and access the Site you agree to be bound by any variation made by Lancashire Holdings. It is your responsibility to check these terms and conditions from time to time to verify such variations.
If you do not agree with or accept any of these terms and conditions, you are not authorized to use
the Site and your sole remedy is to cease using the Site immediately.
1. Regulatory Issues
Lancashire Holdings, Lancashire Insurance Company Limited ("Lancashire Bermuda"), Lancashire Insurance Marketing Services Limited ("Lancashire Marketing"), Lancashire Insurance Company (UK) Limited (“Lancashire UK”) and Lancashire Holdings' other subsidiary undertakings from time to time are collectively referred to as the "Lancashire Group" for purposes of these Terms of Use. Lancashire Holdings is organized as an insurance holding company in Bermuda.
Lancashire Bermuda is a Bermuda domiciled Class 4 insurance and reinsurance company under the Bermuda Insurance Act of 1978. Lancashire Bermuda is licensed or otherwise approved to transact its insurance and reinsurance business in Bermuda only and is neither admitted nor authorized to engage in or transact any such insurance business in any other jurisdiction unless specifically advised on a jurisdiction by jurisdiction basis (for example, Lancashire Bermuda may fro time to time have obtained and maintain authorizations to transact insurance business on an excess or surplus lines basis in certain jurisdictions in the United States). Lancashire Insurance has taken the decision not to offer any of its insurance or reinsurance business services through the Site and nothing in the Site should be construed as such an offer to transact business through the Site.
Lancashire Marketing is incorporated in England and Wales as a marketing, business introduction and other support services company. Lancashire Marketing has been authorized by the United Kingdom's Financial Services Authority (the "FSA") as an insurance intermediary. It is neither admitted nor authorized to engage in or transact any such intermediary business in any other jurisdiction through the Site or otherwise.
Lancashire UK is incorporated in England and Wales and has been authorized by the FSA as a general insurance and reinsurance company. Lancashire UK is licensed or otherwise approved to transact its insurance and reinsurance business in the United Kingdom only and is neither admitted nor authorized to engage in or transact any such insurance business in any other jurisdiction unless specifically advised on a jurisdiction by jurisdiction basis (for example, Lancashire Bermuda may fro time to time have obtained and maintain authorizations to transact insurance business on an excess or surplus lines basis in certain jurisdictions in the United States). Lancashire UK has taken the decision not to offer any of its insurance or reinsurance business services through the Site and nothing in the Site should be construed as such an offer to transact business through the Site.
2. Availability
Whilst Lancashire Holdings makes every effort to ensure that the Site is available, Lancashire Group does not represent, warrant or guarantee in any way that there is continued availability at all times or of uninterrupted use by you of the Site. Your use of the Site is at the sole discretion of Lancashire Holdings. Lancashire Holdings may deny you access to the Site or any portion thereof at any time, without notice and with or without cause. Further Lancashire Holdings reserves the right to suspend or cease the operation of the Site without notice from time to time at its sole discretion.
3. Proper Conduct
You warrant that when using the Site you shall not:
(1) resell or transfer any Content (as defined in Section 4 below) of the Site;
(2) impersonate, or otherwise misrepresent your affiliation with any other person or entity;
(3) modify, falsify, or delete any attributions, legends, marks, notices, or any other proprietary designation of the origin or source of any material (including Content) appearing on the Site;
(4) copy, transmit, reproduce, modify, create derivative works of, distribute or in any way exploit any information, content, component or other material obtained through the Site (other than as expressly permitted by these Terms of Use);
(5) violate, attempt to violate or assist, intentionally, negligently or otherwise, in any violation of the confidentiality or security of any information provided to Lancashire Holdings by other Site users;
(6) use any robot, spider, or other automatic device, or manual process to monitor or copy the Site pages or the contents contained therein without the prior, expressed written permission of Lancashire Holdings; or
(7) violate or facilitate any violation of any applicable local, state, federal, or international law, statute, regulation, code, or ordinance, including, without limitation, regulations promulgated by or the rules of any national or other securities exchange.
The permission to use the Site granted by these Terms of Use automatically terminates if you breach any of the terms and conditions contained herein. Upon termination, you must immediately leave this website and destroy any downloaded or printed materials. As described in Section 4 below, any unauthorized use of any Content contained in the Site may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications statutes and regulations.
Lancashire Holdings reserves its right to prevent you from accessing the Site if you do not comply with any part of these terms and conditions.
4. Intellectual Property Rights
All images, text, programs, and other materials and content (collectively, the "Content") provided on the Site is protected by law, including copyright law, intellectual property rights laws and international treaties. Any intellectual property rights subsisting in the Content on the Site belongs to one or all of the Lancashire Group companies and/or its licensors. All rights are reserved for the benefit of one or all of the Lancashire Group companies and/or its licensors. Except as expressly stated in these Terms of Use, nothing in these terms and conditions grants you any rights in the Site or the Content contained therein.
You are granted permission to display, copy, distribute and download the Content on the Site for personal, non-commercial use only, provided you: (i) keep intact all copyright and other proprietary notices; (ii) make no modifications to the Content on the Site; (iii) do not use the Content on the Site in a manner that suggests an association with any products, services, or brands; and (iv) do not download the Content to a database that can be used to avoid future downloads from the Site. Except as stated herein, none of the Content may be copied, reproduced, republished, downloaded, displayed, modified, transmitted, licensed, transferred, sold or distributed by any means or otherwise exploited in any manner, including but not limited to electronic, mechanical, photocopying, recording or otherwise, without the express prior written permission of Lancashire Holdings or it is clearly indicated that any document or information may be downloaded and used.
The names, logos, taglines and other marks identifying any of the Lancashire Group companies and its products and services are proprietary marks of one or all of the Lancashire Group companies. Any other trademarks and service marks are the property of their respective owners. This Terms of Use does not grant you the right to use any trademark, service mark or logo appearing on the Site for any purpose whatsoever.
5. Content
As described in Section 6 below (Disclaimers), whilst Lancashire Holdings endeavours to ensure that the information posted on the Site is accurate, Lancashire Group does not represent, warrant or promise (whether express or implied) that any information is or remains accurate, complete and up-to-date, or fit or suitable for any purpose. Products and services referred to on the Site will only be offered publicly in those jurisdictions where it is lawful to do so and the Site is only directed at such jurisdictions. You agree that you will make yourself aware of and adhere to any restrictions there may be in your jurisdiction upon any services referred to in the Site.
6. Disclaimers
YOU AGREE THAT ANY USE OF THE SITE IS AT YOUR SOLE RISK AND THAT THE SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. ALL INFORMATION CONTAINED ON OR WHICH MAY BE TRANSMITTED THROUGH THE SITE IS PROVIDED WITHOUT GUARANTEES OF COMPLETENESS, ACCURACY OR TIMELINESS AND WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. LANCASHIRE GROUP DOES NOT WARRANT THAT THE SITE, OR ANY OTHER WEB SITES THAT MAY BE LINKED TO THROUGH THE SITE, WILL BE UNINTERRUPTED, ERROR FREE, FREE OF VIRUSES, DEFECTS OR HARMFUL COMPONENTS, COMPATIBLE WITH YOUR COMPUTER EQUIPMENT OR FIT FOR ANY PURPOSE.
ANY AND ALL INFORMATION CONTAINED ON, OR WHICH MAY BE TRANSMITTED THROUGH, THE SITE INCLUDING THESE TERMS AND CONDITIONS DO NOT CONSTITUTE OR FORM PART OF ANY OFFER OR INVITATION IN ANY JURISDICTION TO ENTER INTO ANY AGREEMENT RELATING TO ANY INVESTMENT WHATSOEVER, INCLUDING ANY OFFER OF SECURITIES.
ANY AND ALL INFORMATION CONTAINED ON, OR WHICH MAY BE TRANSMITTED THROUGH, THE SITE IS NOT TO BE REGARDED AS A RECOMMENDATION AND DOES NOT PURPORT TO GIVE ANY ADVICE WHATSOEVER AND SHOULD NOT BE CONSTRUED AS SUCH.
TO THE FULLEST EXTENT PERMITTED BY LAW, LANCASHIRE GROUP DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED INCLUDING, BUT NOT LIMITED TO: (A) ANY WARRANTY FOR CONTENT, INFORMATION, DATA, SERVICES, UNINTERRUPTED ACCESS, OR PRODUCTS PROVIDED THROUGH OR IN CONNECTION WITH THE SITE; (B) ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, USEFULNESS, OR CONTENT OF INFORMATION, OR SERVICES OFFERED ON OR THROUGH THE SITE; (C) ANY WARRANTIES THAT THE SITE IS FREE OF VIRUSES, WORMS, TROJAN HORSES OR OTHER HARMFUL COMPONENTS; AND (D) ANY WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR WARRANTIES OF NON-INFRINGEMENT.
UK Regulation
ANY AND ALL INFORMATION CONTAINED ON, OR WHICH MAY BE TRANSMITTED THROUGH, THE SITE INCLUDING THESE TERMS AND CONDITIONS DO NOT CONSTITUTE A FINANCIAL PROMOTION FOR THE PURPOSES OF SECTION 21 OF THE UNITED KINGDOM'S FINANCIAL SERVICES AND MARKETS ACT 2000 ("FSMA") AND THE INFORMATION CONTAINED HEREIN HAS NOT BEEN APPROVED FOR SUCH PURPOSES BY A PERSON AUTHORISED UNDER FSMA, NOR DOES THE INFORMATION CONTAINED HEREIN CONSTITUTE, OR FORM PART OF, ANY OFFER OR INVITATION TO SELL OR ISSUE, AND LANCASHIRE HOLDINGS IS NOT MAKING AN OFFER OF TRANSFERABLE SECURITIES TO THE PUBLIC WITHIN THE MEANINGS OF SECTION 85 AND 102B OF FSMA.
US Regulation
ANY AND ALL INFORMATION CONTAINED ON, OR WHICH MAY BE TRANSMITTED THROUGH, THE SITE DOES NOT CONSTITUTE AN OFFER TO SELL OR THE SOLICITATION OF ANY OFFER TO BUY ANY SECURITIES IN THE UNITED STATES OF AMERICA OR TO, OR FOR THE BENEFIT OF, UNITED STATES PERSONS (BEING RESIDENT IN THE UNITED STATES OF AMERICA OR PARTNERSHIPS OR CORPORATIONS ORGANISED UNDER THE LAWS OF THE UNITED STATES OF AMERICA OR ANY STATE, TERRITORY, OR POSSESSION THEREOF).
7. Limitation of Liability
If you are accessing the Site from outside Bermuda, you are responsible for ensuring that your use of the Site is in accordance with the laws of the country of your residence or the jurisdiction from which you are accessing the Site. Lancashire Group disclaims and excludes all liability howsoever arising and of whatsoever nature to you in the event that your use of the Site is contrary to the laws of the country of your residence or from which you are accessing the Site.
UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, SHALL LANCASHIRE GROUP BE LIABLE FOR ANY DAMAGES, DIRECT, INDIRECT, INCIDENTAL, AND/OR CONSEQUENTIAL, INCLUDING WITHOUT LIMITATION BODILY INJURY, EMOTIONAL DISTRESS OR DISCOMFORT, OR PHYSICAL DAMAGE RESULTING FROM OR IN ANY WAY RELATED TO YOUR USE OF THE SITE, INCLUDING BUT NOT LIMITED TO:
YOUR USE, REFERENCE TO OR RELIANCE ON ANY INFORMATION OBTAINED ON OR THROUGH THE SITE;
ANY ERROR OR INACCURACIES IN ANY INFORMATION OR MATERIAL WITHIN OR RELATING TO THE SITE;
THE UNAVAILABILITY OF THE SITE FOR WHATSOEVER REASON, OR ANY REPRESENTATION OR STATEMENT MADE ON THE SITE; OR
ANY STATEMENT OR REPRESENTATION MADE ON THE SITE.
8. Hyperlinks and Third Party Sites
The Site may contain hyperlinks to web sites owned and operated by parties other than Lancashire Group. Such hyperlinks are provided only for your convenience. We do not control such third party web sites and are not responsible for their contents. The inclusion of hyperlinks on the Site does not mean that we endorse or approve of any third party web site to which you may have access through the linked web sites. We accept no liability for any information, products or services contained in, or which may be linked to through, these third party web sites or for any action you may take as a result of linking to any such web site. Each of the web sites to which you may link are likely to set forth specific terms and conditions of use that you should review. We are under no obligation to maintain any link on the Site and may remove a link at any time in our sole discretion for any reason whatsoever.
9. Indemnity
You agree to indemnify, defend and hold harmless Lancashire Group, its directors, officers, employees, agents, licensors, attorneys, independent contractors, providers, subsidiaries and affiliates (collectively, the "Lancashire Indemnitees") from and against any and all claim, loss, expense, or demand or liability, including attorneys' fees and costs, incurred by the Lancashire Indemnitees arising out of (i) any claim by a third party relating to the posting, distribution, modification or alteration by you of any content, or (ii) you use of the Site in violation of these Terms of Use or in violation of any applicable law.
You agree to cooperate with us as reasonably required in the defense of any such claims. The Lancashire Indemnitees reserve the right, at their own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you shall not in any event settle any such claim or matter without the written consent of Lancashire Holdings.
10. Security
Lancashire Holdings takes appropriate technical and organizational measures against unauthorized or unlawful processing of personal data and against accidental loss or destruction of, or damage to, personal data. However, although Lancashire Holdings takes appropriate measures to protect the security of the information communicated through the Site, the Internet is an open network that is not secure and there is an inherent risk that any transmission via the Internet may be intercepted, modified, misdirected, or not be delivered to the intended recipient. In addition, there is also an inherent risk that information stored on a computer connected to the Internet may be accessed without authorization. As no Internet-connected computer system can be made absolutely secure from intrusion, Lancashire Holdings cannot and does not guarantee that information displayed on the Site has not been modified by others without authorization or that information communicated by you to us will be received or that it will not be altered before or after its transmission.
11. Privacy Statement
You can visit the Site without revealing who you are or providing any personal information about yourself.
As described herein, Lancashire Holdings operates the Site for the purpose of providing information concerning its insurance and reinsurance business. Lancashire Holdings takes the security of your personal information seriously and uses secure servers and various other technological means available to assure this. By entering your personal data on the registration form on this Site, you consent to the processing of personal information about you as described in this Privacy Statement and you agree to the use of such personal data in accordance with all applicable laws and regulations. You agree that we may need to share your information with our service providers and agents for these purposes.
Where you have agreed to these Terms of Use, Lancashire Holdings and other companies within the Lancashire Group may use your information to provide you with e-mail alerts, press releases and information requests by e-mail, and you will be deemed to have consented to such use of your personal data.
We will not otherwise share, sell or distribute any of your personal data that you provide to us, unless required to do so by law.
We shall retain your information for a reasonable period or as long as the law requires.
You consent to our transferring your information to countries or jurisdictions which do not provide the same level of data protection as the UK for the above purposes. If we do make such a transfer, we will, if appropriate put a contract in place to ensure that your personal information is protected to the same level of protection as provided by European privacy laws and regulations.
Any personal information collected and stored is in a manner appropriate to the nature of your request, as determined by Lancashire Holdings to respond to your request. However, this information will not be collected without your knowledge.
All information you provide through the Site may be used to process your inquiry or request; to comply with any law, regulation, audit or court order; to help improve the Site or the products or services that are offered; for research; to better understand our customers' needs; and to develop new products. This information may be provided to or shared with affiliates of Lancashire Group or its associated co-insurers. Except as provided herein, Lancashire Holdings will not share your personal information with any third party without your prior consent. Lancashire Holdings does not currently sell, trade or rent personal information to any third-party without your prior consent.
When you visit the Site, Lancashire Holdings may collect usage information to help it understand how the Site is navigated and used. This data does not include any personal information about you and is used only to measure and improve the effectiveness of the Site.
The Site may use "cookies" to enhance your viewing experience. A cookie is a tiny element of data that is sent to your browser to be stored on your hard drive so that Lancashire Holdings can recognize you when you return. You may set your browser to notify you when you receive a cookie or refuse cookies from all websites, if you wish. Please refer to the instruction manual for your file management software for further information on how to do this. Please note, however, that if you reject cookies it is possible that some web pages may not properly load, your access to certain information might be denied or you might have to enter information about you more than once.
Lancashire Holdings respects your right to verify, amend and challenge the veracity of your personal data. If you change your mind about being contacted in the future, or if you would like to discuss any aspects of this Privacy Statement or wish to review your personal data, please email Lancashire at dataprotectionofficer@lancashire.bm
12. Remedies for Misuse
You agree that any unauthorized use of the Site or its Contents may cause Lancashire Group immediate and irreparable harm for which money damages may not constitute an adequate remedy. You further agree that injunctive relief, in addition to any other remedies available, may be warranted in order to enforce these Terms of Use. You further understand that unauthorized use of the Site may expose you to civil and criminal liability and that we may report violations of these Terms of Use to and cooperate fully with the appropriate law enforcement authorities concerning any violations hereof.
IN ADDITION TO ANY OTHER REMEDY AVAILABLE, YOU AGREE AND ACKNOWLEDGE THAT IN THE EVENT THAT YOU WILFULLY BREACH ANY OF THESE TERMS, INCLUDING, BUT NOT LIMITED TO AMENDING OR MODIFYING THE CONTENT OR COPYING, MODIFYING, DOWNLOADING OR REPRODUCING ANY PORTION OF THE SITE OR CONTENT, THEN YOU SHALL BE LIABLE TO LANCASHIRE HOLDINGS FOR LIQUIDATED DAMAGES IN THE AMOUNT OF $5,000 PER VIOLATION. IN NO EVENT SHALL LIABILITY FOR LIQUIDATED DAMAGES PRECLUDE LIABILITY FOR CONSEQUENTIAL DAMAGES OR ANY OTHER REMEDY.
13. Forward-Looking Statements
The Site may contain forward-looking statements. These forward-looking statements are subject to uncertainties and inherent risks that could cause actual results to differ materially from those contained in any forward-looking statement. Lancashire Holdings undertakes no duty to update publicly any forward-looking statements contained herein, in light of new information or future developments.
14. General
Lancashire Holdings reserves the right to vary these terms and conditions from time to time without notifying you. By continuing to use and access the Site you agree to be bound by any variation made by Lancashire Holdings. It is your responsibility to check these terms and conditions from time to time to verify such variations.
These Terms of Use contains the entire understanding and agreement between Lancashire Holdings and you in relation to your use of the Site and supersede and replace any representation, statement or other communication (whether written or otherwise) made by you or Lancashire Holdings which is not contained herein.
Should any part of these terms and conditions for any reason be declared invalid or unenforceable by a court of a competent jurisdiction, it shall be deemed to be deleted without affecting the remaining provisions.
15. Applicable Laws
These terms and conditions are governed and construed in accordance with the laws of Bermuda. You hereby consent to the exclusive jurisdiction of the Bermuda courts in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms of Use, including without limitation this paragraph.
YOU AND LANCASHIRE HOLDINGS WAIVE TO THE FULLEST EXTENT PERMITTED BY LAW ANY RIGHT TO A TRIAL BY JURY WITH RESPECT TO ANY DISPUTE, CONTROVERSY OR CLAIM ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OF USE.
The captions used in these Terms of Use appear solely for convenience and such captions do not constitute any part of the Terms of Use.
Any rights not expressly granted herein are reserved by Lancashire Holdings.
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