Terms Of Use
WEBSITE TERMS AND CONDITIONS
This website ("Website") is owned and operated by Harbor Point Limited("Harbor Point ") on behalf of itself and its affiliates. By accessing this Website, you accept and agree to be bound by these Terms and Conditions. Do not use this Website if you do not wish to abide by these Terms and Conditions. Please note that Harbor Point may update and change these Terms and Conditions from time to time. Such updates and changes shall be effective immediately upon posting. You agree to be bound by such modified, altered, and updated Terms and Conditions if you access or use this Website after Harbor Point has posted notice of such modifications, alterations or updates.
ARTICLE I - Website Terms of Use
Section 1.1 Content. All content on this Website, including, but not limited to text, photographs, images, illustrations, sounds and video clips, is protected by copyrights, trademarks, service marks, database right and/or other intellectual property rights (collectively "Content"). The Content is governed and protected by United States, European and worldwide copyright laws and treaty provisions, privacy, intellectual property and publicity laws, and communication regulations and statutes. The Content is owned and controlled by Harbor Point, or by its third party licensors, and may not be reproduced in whole or in part on any medium without the prior written permission of Harbor Point.
Section 1.2 Prohibited Activities. You may not: (a) take any action that imposes an unreasonable or disproportionately large load on this Website's infrastructure or resources, (b) violate any applicable local, state, national or international law, (c) distribute, display, copy, modify, publish, reproduce, republish, upload, post, transmit, store or commercially exploit the Content in any way (including by e-mail or other electronic means), (d) transmit Content to any publication (whether printed or electronic), user group, other website, bulletin board, networked computer environment, mailing list, server or other storage device in electronic or print form, (e) remove any copyright, trademark or other intellectual property notice from any Content, or use any trademark, service mark or copyrighted materials appearing on this Website without the express prior written consent of Harbor Point (f) frame, deep link or otherwise incorporate into another Website any of the Content or other materials on this Website without the express prior written consent of Harbor Point, (g) introduce into this Website any material that contains or constitutes a virus, worm, trojan horse, software lock, "drop dead" device, trap door, time bomb or any other contaminant or material that has the ability to access and modify, delete, disrupt or damage any data files or other computer programs, software or hardware or any material that provides access to any such contaminants or materials, (h) use any Content or the Website for any illegal, unlawful, libelous, defamatory, obscene, immoral or pornographic purpose, or (i) reverse engineer or decompile, disassemble or otherwise reduce, any machine-readable part of the software (or component thereof) in this Website to human-readable form.
ARTICLE II - THIRD PARTY MATERIALS AND SITES
Section 2.1 This Website may have links to third party websites not owned or controlled by Harbor Point ("Third Party Sites"). Such Third Party Sites have different terms of use that are not the same as these Terms and Conditions. Please read the terms of use for any such Third Party Sites. These Terms and Conditions do not govern your access to or use of any Third Party Sites. You access Third Party Sites at your own risk. Harbor Point does not endorse or control, nor is it responsible for, any content, information other links or other materials on any Third Party Site.
Section 2.2 Harbor Point has no responsibility for your correspondence, trade or dealings with any Third Party Sites, third party persons, businesses or advertisers (whether contact with such third party is initiated via this Website or otherwise). You agree that Harbor Point shall not be responsible or liable for any loss or damage incurred by you as the result of any such dealings or as the result of the presence of any references to third parties or Third Party Sites on this Website.
ARTICLE III - ACCESS AND SECURITY
Section 3.1 Your permission to use this Website will automatically terminate if you violate any of these Terms and Conditions, and Harbor Point reserves the right to deny access to anyone at its discretion for any reason, including for violation of these Terms and Conditions. Harbor Point may also terminate your access to this Website if it believes that you have engaged in any conduct that is illegal, unlawful, in violation of any person's rights or which otherwise violates any of these Terms and Conditions.
Section 3.2 By transmitting any material to Harbor Point or any of its employees, directors or officers through this Website, you grant Harbor Point an unrestricted, worldwide, irrevocable, perpetual, fully-paid and royalty-free license (with the right to sublicense and assign) to use, copy, perform, display, create derivative works of and distribute such material in any and all media (whether now known or invented hereafter).
ARTICLE IV - NO WARRANTIES, LIMITATION OF LIABILITY, INDEMNIFICATION
Section 4.1 NO REPRESENTATIONS OR WARRANTIES. THIS WEBSITE AND ALL ITS CONTENT IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. OTHER THAN THOSE WARRANTIES WHICH, UNDER THE LAWS APPLICABLE TO THIS WEBSITE, ARE IMPLIED BY LAW AND ARE INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION, HARBOR POINT DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. NEITHER HARBOR POINT, NOR ITS AFFILIATED OR RELATED ENTITIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR SHAREHOLDERS, NOR ANY PERSON INVOLVED IN THE CREATION, PRODUCTION AND DISTRIBUTION OF THIS WEBSITE, WARRANTS THAT THIS WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS WEBSITE IS OR WILL BE FREE OF VIRUSES, ERRORS OR OTHER HARMFUL COMPONENTS. THE CONTENT THAT YOU ACCESS ON THIS WEBSITE IS PROVIDED SOLELY FOR YOUR CONVENIENCE AND INFORMATION. HARBOR POINT DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THIS WEBSITE, OR AS TO THE RELIABILITY, ACCURACY OR USEFULNESS OF ANY CONTENT REVIEWED ON THIS WEBSITE. YOU USE THIS WEBSITE AT YOUR OWN RISK. YOU ARE SOLELY RESPONSIBLE FOR THE ENTIRE COST OF ALL NECESSARY SERVICING (INCLUDING WITHOUT LIMITATION YOUR INTERNET CONNECTION) AND REPAIR OR CORRECTION OF YOUR SYSTEM.
Section 4.2 LIMITATION OF LIABILITY. SO FAR AS IS PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL HARBOR POINT OR ITS AFFILIATED OR RELATED ENTITIES, OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS OR AGENTS, NOR ANY PERSON OR ENTITY INVOLVED IN THE CREATION, PRODUCTION AND DISTRIBUTION OF THIS WEBSITE OR ANY CONTENT BE LIABLE FOR (I) ANY LOSS OF PROFITS, LOSS OF REVENUE, LOSS OF DATA, LOSS OF CONTRACTS, LOSS OF CUSTOMERS, LOSS OF OPPORTUNITY, LOSS OF SAVINGS, LOSS OF GOODWILL OR REPUTATION, WASTED STAFF OR MANAGEMENT TIME, OR FOR ANY INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, CONSEQUENTIAL OR SPECIAL DAMAGES OF ANY KIND OR NATURE ARISING UNDER OR RELATING TO THIS AGREEMENT, WHETHER SUCH LIABILITY IS ASSERTED ON THE BASIS OF CONTRACT, TORT (INCLUDING NEGLIGENCE OR STRICT LIABILITY) OR OTHERWISE, AND WHETHER OR NOT A PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH LOSS ARISING, AND (II) ANY LIABILITY OF ANY KIND ARISING FROM OR RELATED TO YOUR ACCESS TO OR USE OF, FAILURE TO ACCESS OR USE, OR YOUR RELIANCE ON ANY CONTENT IN, THIS WEBSITE. NOTHING HEREIN IS INTENDED TO EXCLUDE ANY LIABILITY THAT IS INCAPABLE OF EXCLUSION UNDER APPLICABLE LAW.
Section 4.3 Indemnification. You agree to indemnify, defend and hold Harbor Point and its officers, directors, employees, affiliates, shareholders, partners, agents, licensors, and suppliers harmless from and against any and all claims, demands, actions, costs (including legal fees), damages, expenses, liabilities, proceedings or litigation arising out of your use of this Website, your breach of any provision of these Terms and Conditions and/or any negligent acts, omissions or intentional wrongdoing by you.
Section 4.4 These Terms and Conditions constitute the whole agreement between you and Harbor Point relating to its subject matter. All rights not expressly granted herein by Harbor Point are reserved by Harbor Point.
Section 4.5 No failure, delay or indulgence on the part of Harbor Point in exercising any power or right conferred upon it shall operate as a waiver of such power or right. Further, no single or partial exercise of any such power or right shall preclude any other or further exercise thereof or the exercise of any other such power or right arising under these Terms or Conditions or this Website.