Terms and Conditions of Hamilton Insurance Group Web Site and Email Communications with Hamilton insurance Group (collectively, the “Site”).
You should read these terms and conditions carefully before using the Site. By accessing or using this Site, you agree to be bound by these terms and conditions. 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. As a condition of your use of the Site, you warrant that you will not use the Site for any purpose that is unlawful or prohibited by these terms and conditions.
1. Regulatory and Broker Agency Issues
The Site is made available to you by Hamilton Insurance Group, Ltd., and its subsidiaries (the “Hamilton Group”), for information purposes only. The Hamilton Group includes insurance and reinsurance companies licensed or otherwise approved or accredited or eligible to transact insurance and/or reinsurance business in various countries and various states of the United States. Certain products and services described on the Site are not available to all users of the Site because of insurance regulatory restrictions. Non-U.S. companies within the Hamilton Group, such as Hamilton Re, Ltd. (“Hamilton Re”), are not licensed to transact (re)insurance business in the U.S.In all applicable circumstances, any broker transacting business with Hamilton Re (“Broker”) acknowledges that it is not an agent of and has no authority to act on behalf of or bind Hamilton Re and will not hold itself out as having such authority. In case of any contract negotiations with a Reinsured, Broker is recognized as the intermediary negotiating the contract as the reinsured’s agent for all purposes. All communications relating thereto (including but not limited to notices, statements, premiums, return premiums, commissions, taxes, losses, loss adjustment expense, salvages, and loss settlements) shall be transmitted to the Reinsured or Hamilton Re through the Broker. Broker further acknowledges that any authorization by Hamilton Re shall be a tentative indication, and coverage shall be effective only upon the earlier of (i) Hamilton Re’s written acceptance of signed lines or (ii) Hamilton Re’s signature of a slip, treaty or interests and liability agreement.
While Hamilton Group makes every effort to ensure that the Site is available, Hamilton 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 this Site is at the sole discretion of Hamilton Group. Hamilton Group may deny you access to the Site or any portion thereof at any time, without notice and with or without cause. Further, Hamilton Group reserves the right to suspend or cease the operation of the Site from time to time at its sole discretion.
You are responsible for making all arrangements necessary for you to have access to the Site. You are also responsible for ensuring that all persons who access the Site through your internet connection are aware of these terms and conditions, and that they comply with them.
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 and conditions );
(5) violate, attempt to violate or assist, intentionally, negligently or otherwise, in any violation of the confidentiality or security of any information provided to Hamilton Group 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 Hamilton Group; 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 this Agreement automatically terminates if you breach any of the terms and conditions contained herein. Upon termination, you must immediately destroy any downloaded or printed materials. As described in Section 4 below, any unauthorized use of any Content contained in this Site may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications statutes and regulations.
Hamilton Group 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 this Site are 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 Hamilton Group and its subsidiaries and/or its licensors. All rights are reserved for the benefit of Hamilton Group and/or its licensors. 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 this 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 this Site; (iii) do not use the Content on this 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 Hamilton Group or it is clearly indicated that any document or information may be downloaded and used.The names, logos, taglines and other marks identifying Hamilton Group and its products and services are proprietary or licensed marks of Hamilton Group. Any other trademarks and service marks are the property of their respective owners. These terms and conditions does not grant you the right to use any trademark, service mark or logo appearing on the Site for any purpose whatsoever.
As described in Section 6 below (Disclaimers), while Hamilton Group endeavors to ensure that the information posted on the Site is accurate, Hamilton 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.
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 THIS SITE IS PROVIDED WITHOUT GUARANTIES OF COMPLETENESS, ACCURACY OR TIMELINESS AND WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. HAMILTON GROUP DOES NOT WARRANT THAT THIS SITE, OR ANY OTHER WEB SITES THAT MAY BE LINKED OR ACCESSIBLE THROUGH THIS SITE, WILL BE UNINTERRUPTED, ERROR FREE, FREE OF VIRUSES, DEFECTS OR HARMFUL COMPONENTS, COMPATIBLE WITH YOUR COMPUTER EQUIPMENT OR FIT FOR ANY PURPOSE.TO THE FULLEST EXTENT PERMITTED BY LAW, HAMILTON 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.
The information contained in this Site is not an offer or an invitation to invest in the shares of Hamilton Group, or purchase or sell any insurance or reinsurance contracts, products or services or otherwise deal in these or enter into a contract with Hamilton Group or any other company. The information provided should not be relied upon in connection with any investment decision. You should always seek appropriate professional advice in relation to such investment decisions.
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. Hamilton 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 your country of residence or from which you are accessing the Site.
UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, SHALL HAMILTON 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 THIS SITE;
- ANY ERROR OR INACCURACIES IN ANY INFORMATION OR MATERIAL WITHIN OR RELATING TO THE SITE;
- THE UNAVAILABILITY OF THE SITE FOR WHATSEVER REASON, OR ANY REPRESENTATION OR STATEMENT MADE ON THE SITE; OR
- ANY STATEMENT OR REPRESENTATION MADE ON THE SITE.
For the avoidance of doubt, Hamilton Group does not exclude or limit its liability for death or personal injury arising from its negligence, for any fraudulent misrepresentation made by Hamilton Group on the Site or for any other statutory rights that are not capable of being excluded.
8. Hyperlinks and Third Party Sites
This Site may contain hyperlinks to web sites owned and operated by parties other than Hamilton 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. Hamilton Group does not guarantee the sequence, accuracy, or completeness of any information or data displayed through such 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.
You agree to indemnify, defend and hold harmless Hamilton Group, its directors, officers, employees, agents, licensors, attorneys, independent contractors, providers, subsidiaries and affiliates (collectively, the “Hamilton Group Indemnitees”) from and against any and all claim, loss, expense, or demand or liability, including attorneys’ fees and costs, incurred by the Hamilton Group 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) your use of the Site in violation of these terms and conditions or in violation of any applicable law.You agree to cooperate with us as reasonably required in the defense of any such claims. The Hamilton Group 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 Hamilton Group.
Hamilton Group 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 Hamilton Group 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, Hamilton Group 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 to us. If you elect to use this Site to communicate with us, you do so at your own risk.All users of the Site should be aware that to facilitate Hamilton Group’s security and compliance all activity on this site may be monitored and records of any activity retained.
11. Privacy Statement
The privacy notice of Hamilton Group’s European operations can be found at https://www.hamiltongroup.com/london/legislation/. The statement below is not addressed to European residents.
As described herein, Hamilton Group operates this Site for the purpose of providing information concerning its business. Hamilton Group is committed to respecting your privacy and that of the information you provide to us in connection with using this Site. By using this Site, you consent to the processing of personal information about you as described in this Privacy Statement for this Site.The information that Hamilton Group collects consists of voluntarily submitted personal information. For example, if you submit an information request through the Site, you will be required to provide us with personal information, such as your name, company name, e-mail address, physical address, fax number and demographic information (such as, city, state and country, or any other demographic information that you may submit) so that we can contact you and respond to your inquiry. The personal information we collect through the Site is collected and stored in a manner appropriate to the nature of your request, as determined by Hamilton Group to respond to your request.All information you provide through the Site is used to provide and improve the services offered by Hamilton Group. This information may also be provided to or shared with affiliates of Hamilton Group or its associated co-insurers. Except as provided herein, Hamilton Group will not share your personal information with any third party without your prior consent. Hamilton Group does not currently sell, trade or rent personal information to any third-party without your prior consent.
12. Remedies for Misuse
You agree that any unauthorized use of the Site or its Contents may cause Hamilton 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 and conditions. 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 and conditions to and cooperate fully with the appropriate law enforcement authorities concerning any violations hereof.
Hamilton Group 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 Hamilton Group. It is your responsibility to check these terms and conditions from time to time to verify such variations.These terms and conditions contain the entire understanding and agreement between Hamilton Group 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 Hamilton Group 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.
14. 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 this Site. Use of this Site is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph.
YOU AND HAMILTON GROUP 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 AND CONDITIONS.
The captions used in these terms and conditions appear solely for convenience and such captions do not constitute any part of the terms and conditions. Any rights not expressly granted herein are reserved by Hamilton Group.