Terms and Conditions of Use – Disclaimer
YOUR ACCESS AND USE OF THIS WEBSITE (INCLUDING ANY INFORMATION, DOCUMENTATION, OPINION, ADVICE, STATEMENT OR OTHER MATERIALS, WHICH ARE COLLECTIVELY REFERRED TO HEREIN AS THE “WEBSITE”) IS SUBJECT TO THE FOLLOWING TERMS AND CONDITIONS AND ALL APPLICABLE LAWS AND REGULATIONS. PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS WEBSITE.
THESE TERMS AND CONDITIONS OF USE ARE A LEGAL CONTRACT BETWEEN YOU AND TOKIO MILLENNIUM RE FOR THE USE OF THIS WEBSITE. IN CONSIDERATION OF YOU BEING GIVEN ACCESS TO THIS WEBSITE, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS OF USE. BY ACCESSING OR USING THIS WEBSITE, YOU ARE ACKNOWLEDGING THAT YOU HAVE READ, UNDERSTAND, AND AGREE, WITHOUT LIMITATION OR QUALIFICATION, TO BE BOUND BY THESE TERMS AND CONDITIONS OF USE.
IF YOU DO NOT AGREE TO ALL OF THESE TERMS AND CONDITIONS OF USE, DO NOT ACCESS OR OTHERWISE USE THIS WEBSITE OR ANY INFORMATION CONTAINED ON THIS WEBSITE. THESE TERMS AND CONDITIONS OF USE MAY BE REVISED PERIODICALLY AT ANY TIME WITHOUT NOTICE TO YOU. IT IS YOUR RESPONSIBILITY TO REVIEW CAREFULLY THE CURRENT TERMS AND CONDITIONS OF USE WHICH GOVERN YOUR CONTINUED USE OF THIS WEBSITE EACH TIME YOU VISIT THIS WEBSITE. EACH AND EVERY TIME YOU ACCESS THIS WEBSITE YOU SHALL BE DEEMED TO HAVE AGREED TO THE THEN CURRENT TERMS AND CONDITIONS OF USE.
THIS WEBSITE IS NOT DIRECTED TO AND MAY NOT BE USED BY ANY PERSON OR ENTITY IN ANY JURISDICTION WHERE THE DIRECTION OR USE OF THIS WEBSITE IS PROHIBITED OR WOULD BE CONTRARY TO ANY APPLICABLE LAWS, RULES OR REGULATIONS. AS A CONDITION OF YOUR USE OF THIS WEBSITE, YOU WARRANT THAT YOU WILL NOT USE THIS WEBSITE FOR ANY PURPOSE THAT IS PROHIBITED BY THESE TERMS AND CONDITIONS OF USE OR IS IN VIOLATION OF ANY APPLICABLE LAWS AND REGULATIONS.
- Non-Solicitation, Licensing and Regulatory Issues.
This Website is provided by Tokio Millennium Re for informational purposes only. The information on this Website is not an offer to sell or a solicitation to buy any insurance, reinsurance or any other product or service. No insurance, reinsurance or any other product or service is offered or will be sold in any jurisdiction in which such offer or solicitation would be unlawful under the laws of such jurisdiction. Not all insurance, reinsurance or other products or services of Tokio Millennium Re and its affiliates are available in all jurisdictions.
- Accuracy of Information.
Tokio Millennium Re uses its discretion and reasonable efforts in compiling this Website. Tokio Millennium Re may make improvements and/or changes to this Website at any time and without notice. However, Tokio Millennium Re does not undertake any express obligation to update or revise this Website, regardless of new information becoming available or otherwise.
Tokio Millennium Re makes no commitment, and disclaims any duty, to update this website. In addition to the disclaimers set forth elsewhere in these Terms and Conditions of Use, Tokio Millennium Re does not warrant the accuracy or completeness of this website. You acknowledge that any reliance on this Website shall be at your sole risk. Tokio Millennium Re reserves the right to add, modify, correct or delete any information from this Website at any time without any notice.
In addition your access to this Website may occasionally be suspended or restricted, including, without limitation, to allow for repairs, maintenance, or the introduction of new information or facilities. Tokio Millennium Re may, in its sole discretion and at any time, discontinue this Website, or any part thereof, without notice.
- Intellectual Property.
The design of this Website and its content are the property of Tokio Millennium Re or its affiliates and are protected by copyright and other intellectual property laws. You may only view and download the content of this Website for your personal use; provided, however, that you retain, on any copies of the materials, all copyright and other proprietary notices contained on the original materials. You may not otherwise use, copy, reproduce, modify, adapt, display, perform, publish, create derivative works from, store, sublicense, translate, sell, rent, reverse engineer, decompile, disassemble, or otherwise exploit this Website or its content.
The display of any trade names, trademarks, service marks, logos, or domain names on this Website does not imply that a license of any kind has been granted with respect to such trade names, trademarks, service marks, logos, or domain names. Any unauthorized downloading, re-transmission or other copying or modification of trade names, trademarks, service marks, logos or domain names may be a violation of applicable laws and regulations, including without limitation trademark laws and could subject you to legal action.
- Disclaimers.
YOUR ACCESS TO AND USE OF THIS WEBSITE ARE AT YOUR SOLE RISK. YOU ARE ENTIRELY LIABLE FOR YOUR ACTIVITIES. TOKIO MILLENNIUM RE AND ITS AFFILIATES DO NOT WARRANT THE ACCURACY, TRUTHFULNESS, COMPLETENESS, TIMELINESS, USEFULNESS OR OTHER CHARACTERISTICS OF ANY CONTENT AVAILABLE ON OR THROUGH THIS WEBSITE. THIS WEBSITE IS PROVIDED “AS IS” AND “AS AVAILABLE”. TOKIO MILLENNIUM RE AND ITS AFFILIATES MAKE NO REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF ANY INTELLECTUAL PROPERTY RIGHTS; ANY WARRANTIES FOR CONTENT, INFORMATION, DATA, SERVICES, UNINTERRUPTED ACCESS, OR PRODUCTS PROVIDED THROUGH OR IN CONNECTION WITH THIS WEBSITE; ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, OR USEFULNESS OF INFORMATION OR SERVICES OFFERED ON OR THROUGH THIS WEBSITE; AND ANY WARRANTIES THAT THIS WEBSITE IS FREE OF MALWARE, INCLUDING WITHOUT LIMITATION, VIRUSES, WORMS, TROJAN HORSES OR OTHER HARMFUL COMPONENTS.
TOKIO MILLENNIUM RE AND ITS AFFILIATES SHALL NOT BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, UNDER ANY LEGAL THEORY (INCLUDING NEGLIGENCE) FOR ANY LOSS OR DAMAGES CAUSED BY USE OF, OR RELIANCE ON, OR INABILITY TO USE OR ACCESS, OR DELAYS IN, OR INACCURACIES OR ERRORS OR DEFECTS OR OMISSIONS IN THIS WEBSITE, INCLUDING, BUT NOT LIMITED, TO ANY LOST PROFITS, LOST SAVINGS OR ANY SPECIAL, INCIDENTAL, DIRECT, INDIRECT, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, RESULTING FROM ANY CAUSE WHATSOEVER, BY YOU OR ANY OTHER THIRD PARTY, EVEN IF TOKIO MILLENNIUM RE OR ANY OF ITS AFFILIATES HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. YOU HEREBY EXPRESSLY RELEASE TOKIO MILLENNIUM RE AND ITS AFFILIATES FROM ANY AND ALL LIABILITY OR RESPONSIBILITY FOR ANY DAMAGE CAUSED, DIRECTLY OR INDIRECTLY, TO YOU OR ANY THIRD PARTY AS A RESULT OF THIS WEBSITE AND ITS CONTENT, INCLUDING ANYTHING DOWNLOADED OR ACCESSED FROM THIS WEBSITE. TOKIO MILLENNIUM RE AND ITS AFFILIATES DO NOT REPRESENT OR WARRANT THAT THIS WEBSITE WILL BE AVAILABLE FOR ACCESS ALL THE TIME OR AT ANY TIME ON A CONTINUOUS, UNINTERRUPTED BASIS, AND ARE NOT RESPONSIBLE FOR ANY INCONVENIENCE OR OTHER LOSS THAT YOU MAY SUFFER AS A RESULT. TOKIO MILLENNIUM RE AND ITS AFFILIATES ARE NOT RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER, HARDWARE, SOFTWARE, OR OTHER PROPERTY RESULTING IN ANY WAY FROM YOUR USE OF THIS WEBSITE.
- Indemnification.
You agree to defend, indemnify and hold Tokio Millennium Re and its affiliates and their employees, agents, officers, directors, contractors, suppliers and other representatives harmless from and against all liabilities, damages, claims, actions, costs and expenses (including reasonable attorneys’ fees) in connection with or arising from your use of this Website or violation of the Terms and Conditions of Use. Tokio Millennium Re and its affiliates may, if necessary, participate in the defense of any claim or action at your expense and any negotiations for settlement. Tokio Millennium Re and its affiliates reserve the right, on notice to you, to assume exclusive defense and control of any claim or action subject to indemnification by you, without relieving you of your indemnification obligations hereunder. Upon learning of a claim by a third party that your use violates or allegedly violates a third party’s rights, you agree to promptly notify Tokio Millennium Re of any such claim. You agree to cooperate with us as reasonably required in the defense of any such claims, and you shall not in any event settle any such claim or matter without the written consent of Tokio Millennium Re.
- Remedies for Misuse.
You agree that any unauthorized use of this Website or its contents that may cause Tokio Millennium Re or its affiliates 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 and Conditions of Use. You further understand that unauthorized use of this Website may expose you to civil and criminal liability and that Tokio Millennium Re may report violations of these Terms and Conditions of Use to and cooperate fully with the appropriate law enforcement authorities concerning any violations hereof.
- Interpretation.
If any provision of these Terms and Conditions of Use is held invalid or unenforceable, that provision will be enforced to the maximum extent permissible, and other provisions shall remain enforceable and in full effect. No failure or delay in enforcing any term, exercising any option or requiring performance shall be a waiver of that or any other right.
- Links to Third Party Sites.
This Website may contain links to websites operated by persons or entities other than Tokio Millennium Re. Such links are provided for your reference and convenience only. The other websites and the content of other such websites, services, goods or advertisements that may be linked to this website are not maintained, controlled or endorsed by Tokio Millennium Re. Tokio Millennium Re is in no way responsible for examining or evaluating such websites, services goods or advertisements, and Tokio Millennium Re makes no representations or warranties expressed or implied, concerning the content, accuracy, truthfulness, completeness, usefulness, timeliness, availability or legality of such websites, or the functionality of the links themselves. You should carefully review the terms and conditions and privacy policies of all websites that you visit. You agree not to hold Tokio Millennium Re and its affiliates responsible for any loss or damage caused by the use of or reliance upon any other websites to which you might link from this website.
- Communications.
You agree that you will not upload to, distribute, or otherwise publish on this Website any slanderous, obscene, libelous, or defamatory material.
- Applicable Law and Disputes.
These Terms and Conditions of Use are governed by the laws of Bermuda, as if the Terms and Conditions of Use were a contract wholly entered into and wholly performed within Bermuda. Any dispute relating in any way to your visit to this Website shall be submitted to confidential arbitration in Bermuda. Notwithstanding the foregoing, we may seek injunctive or other appropriate relief in any court for any violation of these Terms and Conditions of Use. Use of this Website is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms and Conditions of Use, including, without limitation, this section.
- Non-waiver.
Tokio Millennium Re’s failure to require your performance of any provision of these Terms and Conditions of Use shall not affect the right of Tokio Millennium Re to require such performance at any time thereafter, nor shall any waiver by Tokio Millennium Re of a breach of any provision hereof be taken or held to be a waiver of the provision itself.
- Privacy.
The Privacy policy of Tokio Millennium Re applies to use of this Website, and its terms are made a part of these Terms and Conditions of Use by reference. The Privacy policy can be viewed by clicking here. In addition, you acknowledge and agree that Internet transmissions are never completely private or secure and that any message or information you send to the Tokio Millennium Re via electronic communications or this Website may be accessed, read or intercepted by unauthorized third parties.
