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 Sompo International Website, User agrees to be bound by these terms and conditions of use (the "Terms"). By accessing or using the Sompo International Website, you are acknowledging that you have read, understand, and agree, without limitation or qualification, to be bound by these Terms.
1. Accuracy of Information
Sompo International attempts to be as accurate as possible when providing you with information about us on the Sompo International Website; however, to the extent permitted by applicable law, Sompo International does not warrant that the content available on the Sompo International Website is accurate, complete, reliable, current, or error-free.
We make no commitment, and disclaim any duty, to update any of the material on the Sompo International Website. We do not warrant the accuracy or completeness of the materials or the reliability of any advice, opinion, statement or other information displayed or distributed through the Sompo International Website. You acknowledge that any reliance on any such opinion, advice, statement, memorandum, report or information shall be at your sole risk. We reserve the right to add, modify, correct or delete any information from the Sompo International Website at any time without any notice.
The marketing contents of the Sompo International Website are for informational purposes only and do not constitute an offer of securities. Nothing herein is intended as an offer or solicitation in any jurisdiction or to any potential investor where such offer or sale is not qualified or exempt from regulation.
SEC Filings and News Releases
The reports filed by us with the U.S. Securities and Exchange Commission (the "SEC") and the news releases issued by us and listed on the Sompo International Website speak only as of the respective dates on which they are filed or issued by us. The contents of these reports and releases can become out-of-date. We make no commitment, and disclaim any duty, to update any of these reports and releases.
There are "ups" and "downs" in practically every business and in the performance of almost every stock. Although there are no guarantees about the stock market, before you invest in any security, you can help protect yourself by being an educated investor. Certain materials, including our filings with the SEC, are available through the SEC's website at http://www.sec.gov. You can also visit the SEC at its office in Washington, D.C. or at its various regional offices for the same information.
We and our representatives from time to time make written or oral forward-looking statements, including statements contained in the Sompo International Website and in press releases. Statements which include the words "should," "expect," "intend," "plan," "believe," "project," "anticipate," "seek," "will," and similar statements of a future or forward-looking nature identify forward-looking statements for purposes of the federal securities laws and within the meaning of the Private Securities Litigation Reform Act of 1995.
All forward-looking statements address matters that involve risks and uncertainties. Accordingly, there are or will be important factors that could cause actual results to differ materially from those indicated in such statements. These factors include the effects of competitors' pricing policies, greater frequency or severity of claims and loss activity, a decreased demand for property and casualty insurance or reinsurance, our inability to maintain our applicable financial strength ratings, the valuation of our invested assets, changes in general economic conditions and the other factors described in Sompo International's most recent Annual Report on Form 10-K filed with the Securities and Exchange Commission (as may be supplemented or amended by Sompo International in subsequent amendments to the Form 10-K or in Quarterly Reports on Form 10-Q or Current Reports on Form 8-K).
Our forward-looking statements speak only as of the date they are made and we undertake no obligation to publicly update or review any forward-looking statement, whether as a result of new information, future developments or otherwise.
THE SOMPO INTERNATIONALWEBSITE AND THE MATERIAL ON AND MADE AVAILABLE THROUGH THE SOMPO INTERNATIONALWEBSITE, AND THE SERVICES AND PRODUCTS OFFERED IN CONNECTION WITH THIS WEBSITE, INCLUDING ANY SOFTWARE, ARE MADE AVAILABLE ON AN “AS IS” AND "AS AVAILABLE" BASIS ONLY. USE OF THE SOMPO INTERNATIONALWEBSITE IS ENTIRELY AT YOUR OWN RISK. SOMPO INTERNATIONAL MAKES NO REPRESENTATIONS OR WARRANTIES, AND HEREBY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, WITH RESPECT TO THE SOMPO INTERNATIONALWEBSITE AND THE WEBSITE MATERIAL ON AND MADE AVAILABLE THROUGH THE SOMPO INTERNATIONALWEBSITE, AND THE SERVICES AND PRODUCTS OFFERED IN CONNECTION WITH THE SOMPO INTERNATIONALWEBSITE, EXPRESS AND IMPLIED, WRITTEN AND ORAL, ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, AND OTHERWISE, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, TITLE, QUALITY, SYSTEMS INTEGRATION, AND NON-INFRINGEMENT, INCLUDING THAT THE SOMPO INTERNATIONALWEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, THAT THE SOMPO INTERNATIONALWEBSITE OR ITS SERVER(S) IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, THAT THE SOMPO INTERNATIONALWEBSITE, INCLUDING THE SERVICES WILL BE AVAILABLE, OR THAT CONTENT CREATED ON THE SOMPO INTERNATIONALWEBSITE IS SECURE FROM UNAUTHORIZED ACCESS. ANY AND ALL INFORMATION PROVIDED BY SOMPO INTERNATIONAL OR UNDER OR IN CONNECTION WITH THIS WEBSITE IS PROVIDED WITH ALL FAULTS, AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT IS WITH YOU. SOMPO INTERNATIONAL MAKES NO WARRANTY REGARDING ANY SOFTWARE, GOODS, SERVICES, PROMOTIONS, OR THE DELIVERY OF ANY SOFTWARE, GOODS OR SERVICES, PURCHASED, ACCESSED OR OBTAINED THROUGH OR ADVERTISED THROUGH THE SOMPO INTERNATIONALWEBSITE. NO ADVICE OR INFORMATION GIVEN BY SOMPO INTERNATIONAL, ITS EMPLOYEES OR AFFILIATES SHALL CREATE A WARRANTY.
3. Regulatory Disclaimer
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.
4. Limitation of Liability
UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, SHALL SOMPO INTERNATIONAL BE LIABLE FOR ANY DAMAGES, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR ANY OTHER TYPE OF DAMAGES, INCLUDING PUNITIVE OR EXEMPLARY DAMAGES RESULTING FROM OR IN ANY WAY RELATED TO THE SOMPO INTERNATIONAL WEBSITE, REGARDLESS OF THE FORM OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EVEN IF SOMPO INTERNATIONAL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. UNDER NO CIRCUMSTANCES WILL THE TOTAL LIABILITY OF SOMPO INTERNATIONAL TO YOU OR ANY OTHER PERSON OR ENTITY IN CONNECTION WITH, BASED UPON, OR ARISING FROM THE SITE, THE MATERIALS ON, IN AND MADE AVAILABLE THROUGH THE SITE, OR THE SERVICES, PRODUCTS, DATA OR OTHER MATERIALS OFFERED IN CONNECTION THEREWITH EXCEED THE PRICE PAID BY YOU DURING THE PRECEDING YEAR FOR USE OF THE SITE AND THE SERVICES AND PRODUCTS. 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). THE USER'S SOLE REMEDY FOR DISSATISFACTION WITH THE SOMPO INTERNATIONAL WEBSITE IS TO STOP USING THE SOMPO INTERNATIONAL WEBSITE.
YOU AGREE THAT SOMPO INTERNATIONAL OR ITS AFFILIATES WILL NOT BE RESPONSIBLE OR LIABLE, UNDER ANY CIRCUMSTANCES, FOR ANY (a) INTERRUPTION OF BUSINESS; (b) ACCESS DELAYS OR ACCESS INTERRUPTIONS TO THE WEBSITE; (c) DATA NON-DELIVERY, MISDELIVERY, CORRUPTION, DESTRUCTION OR OTHER MODIFICATION; (d) LOSS OR DAMAGES OF ANY SORT INCURRED AS A RESULT OF DEALINGS WITH OR THE PRESENCE OF OFF-SOMPO INTERNATIONAL WEBSITE LINKS ON THE SOMPO INTERNATIONAL WEBSITE; (e) COMPUTER VIRUSES, SYSTEM FAILURE OR MALFUNCTION WHICH MAY OCCUR IN CONNECTION WITH YOUR USE OF THE SOMPO INTERNATIONAL WEBSITE, INCLUDING DURING HYPERLINK TO OR FROM THIRD PARTY SITES; OR (f) EVENTS BEYOND SOMPO INTERNATIONAL'S REASONABLE CONTROL.
You shall indemnify Sompo International and its directors, officers, employees, agents, and contractors (“Sompo International Indemnitees”) against all claims, actions, suits, and other proceedings (“Claims”) arising out of or incurred in connection with the Sompo International Website and your use of the Sompo International Website, or any services, product or data obtained through the Sompo International Website, your fraud, violation of law, negligence, willful misconduct, or any other use of the Sompo International Website, the services, products, information and other materials on, in and made available through the Sompo International 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 their sole cost and expense, the defense of any Claim at any time prior to the settlement or final determination thereof.
6. Data Protection and Privacy
By accessing the Sompo International 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.
7. Limitation of Liability for Links to Third Parties
The Sompo International Website may provide links to certain web sites sponsored and maintained by third parties. Such web sites are publicly available and Sompo International is providing access to such web sites through this Sompo International Website solely as a convenience to its Users. The content of other web sites, services, goods or advertisements that may be linked to this Sompo International Website is not maintained, controlled or endorsed by Sompo International. We are in no way responsible for examining or evaluating such web sites, services goods or advertisements, and Sompo International makes no representations or warranties expressed or implied, concerning the content, accuracy, completeness, usefulness, 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 web sites that you visit.
8. Intellectual Property
All content available on the Sompo International Website, including, but not limited to, text, graphics, logos, button icons, images, audio clips, data compilations, and software, and the compilation thereof (the "Content") is the property of Sompo International, our affiliates, our partners or our licensors, and is protected by copyright laws.
The trademarks, logos, and service marks displayed on the Sompo International Website (collectively, the "Trademarks") are the registered and unregistered marks of Sompo International, our affiliates, our licensors or our partners. All Trademarks not owned by us, our affiliates or our partners that appear on the Sompo International Website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by us.
Except as set forth in the limited license in Section 9 below, or as required under applicable law, neither the Content, the Trademarks, nor any other portion of the Sompo International Website may be used, reproduced, duplicated, copied, sold, resold, accessed, modified, or otherwise exploited, in full or in part, for any purpose without our prior written consent.
9. Unauthorized Activity
We grant you a limited, revocable, and non-exclusive license to access and make personal use of the Sompo International Website. Please note that you may not frame or utilize framing techniques to enclose the Sompo International Website or any portion thereof without our prior written consent. You agree that you will not use the Sompo International 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 Sompo International 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 Sompo International Website or any services provided through the Sompo International Website; (d) any resale or commercial or institutional purposes, including use of the Sompo International Website to further the purposes of any library, corporation, governmental entity, or any other institution or entity; (e) any downloading or copying of the Sompo International 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 Sompo International 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 Sompo International Website aimed at preventing or restricting the unauthorized use of the Sompo International Website or any of the materials on the Site. 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 Sompo International Website through your account, Sompo International may, in its sole discretion, suspend or terminate your account and/or your ability to use the Sompo International Website. You may use the Sompo International 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 Sompo International 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 Sompo International Website terminates the limited license set forth in this Section 9 without prejudice to any other remedy provided by applicable law. You acknowledge and agree that the unauthorized use of the Sompo International 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.
With respect to any dispute regarding the Sompo International 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 Sompo International 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.
11. Amendment of Terms
Sompo International reserves the right to amend these Terms at any time. Sompo International will notify User of any such changes to these Terms by posting the revised Terms on the Sompo International Website. Unless otherwise specified, such changes shall be effective upon posting. Users are responsible for monitoring these Terms for changes. User's continued use of the Sompo International Website constitutes User's agreement to be bound by such changes to these Terms. We may, with or without prior notice, terminate any of the rights granted by these Terms. You shall comply immediately with any termination or other notice, including, as applicable, by ceasing all use of the Sompo International Website.
You acknowledge and agree that these Terms constitute the complete and exclusive agreement between us concerning your use of the Sompo International Website, and supersede and govern all prior proposals, agreements, or other communications.
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 firstname.lastname@example.org.