These terms and conditions are a legal contract between you (the "User" or "you") and Endurance Specialty Holdings Ltd. ("Endurance", "we" or "us") for the use of this web site owned by Endurance (the "Endurance Web Site"). In consideration of User being given access to the Endurance Web Site, User agrees to be bound by these terms and conditions of use (the "Terms"). By accessing or using the Endurance Web Site, you are acknowledging that you have read, understand, and agree, without limitation or qualification, to be bound by these Terms.
1. Accuracy of Information
Endurance attempts to be as accurate as possible when providing you with information about us on the Endurance Web Site; however, to the extent permitted by applicable law, Endurance does not warrant that the content available on the Endurance Web Site is accurate, complete, reliable, current, or error-free.
We make no commitment, and disclaim any duty, to update any of the material on the Endurance Web Site. 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 Endurance Web Site. 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 Endurance Web Site at any time without any notice.
Marketing Content The marketing contents of our Endurance Web Site 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 Endurance Web Site 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 The contents of these reports and releases can become out-of-date.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.
Investor Information 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 or our ordinary shares, before you invest in any security, you can help protect yourself by being an educated investor. If you are interested in investing in our ordinary shares, we recommend that, at a minimum, you read our documents filed with the SEC. It is also advisable to learn more about us and our industry through a variety of public materials. Certain materials, including our filings with the SEC, are available through the SEC's web site 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.
Forward-Looking Statements We and our representatives from time to time make written or oral forward-looking statements, including statements contained in the Endurance Web Site 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 the Company's most recent Annual Report on Form 10-K filed with the Securities and Exchange Commission (as may be supplemented or amended by the Company 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 INFORMATION PRESENTED ON THE ENDURANCE WEB SITE HAS BEEN COMPILED BY OR FOR ENDURANCE FOR GENERAL INFORMATION PURPOSES ONLY. THE INFORMATION AND DESCRIPTIONS CONTAINED HEREIN ARE NOT INTENDED TO BE COMPLETE DESCRIPTIONS OF ALL TERMS, EXCLUSIONS AND CONDITIONS APPLICABLE TO THE INFORMATION OR MATERIAL PRESENTED, BUT ARE PROVIDED SOLELY FOR GENERAL INFORMATIONAL PURPOSES. USER AGREES THAT ANY USE OF THE ENDURANCE WEB SITE IS AT USER'S SOLE RISK. THE ENDURANCE WEB SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOR LIMITED TO WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE, UNLESS SUCH REPRESENTATIONS AND WARRANTIES ARE NOT LEGALLY EXCLUDABLE.
3. Regulatory Disclaimer
Endurance'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 ENDURANCE 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 ENDURANCE WEB SITE, REGARDLESS OF THE FORM OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EVEN IF ENDURANCE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE USER'S SOLE REMEDY FOR DISSATISFACTION WITH THE ENDURANCE WEB SITE IS TO STOP USING THE ENDURANCE WEB SITE. IN NO EVENT SHALL OUR MAXIMUM AGGREGATE LIABILITY EXCEED ONE HUNDRED DOLLARS ($100.00).
YOU AGREE THAT ENDURANCE 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-ENDURANCE WEB SITE LINKS ON THE ENDURANCE WEB SITE; (e) COMPUTER VIRUSES, SYSTEM FAILURE OR MALFUNCTION WHICH MAY OCCUR IN CONNECTION WITH YOUR USE OF THE ENDURANCE WEB SITE, INCLUDING DURING HYPERLINK TO OR FROM THIRD PARTY SITES; OR (f) EVENTS BEYOND ENDURANCE'S REASONABLE CONTROL.
You agree to defend, indemnify and hold Endurance harmless for any loss, damages or costs, including reasonable attorneys' fees, resulting from any third party claim, action, or demand resulting from your use of the Endurance Web Site. You also agree to indemnify Endurance for any loss, damages, or costs, including reasonable attorneys' fees, resulting from your use of software robots, spiders, crawlers, or similar data gathering and extraction tools, or any other action you take that imposes an unreasonable burden or load on our infrastructure.
6. Data Protection and Privacy
By accessing the Endurance Web Site, you agree without any limitation or qualification that Endurance has the right to monitor Endurance'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 Endurance Web Site may provide links to certain web sites sponsored and maintained by third parties. Such web sites are publicly available and Endurance is providing access to such web sites through this Endurance Web Site solely as a convenience to its Users. The content of other web sites, services, goods or advertisements that may be linked to this Endurance Web Site is not maintained, controlled or endorsed by Endurance. We are in no way responsible for examining or evaluating such web sites, services goods or advertisements, and Endurance makes no representations or warranties expressed or implied, concerning the content, accuracy, completeness, usefulness, availability or legality of such web sites, 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 Endurance Web Site, 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 Endurance, our affiliates, our partners or our licensors, and is protected by copyright laws.
The trademarks, logos, and service marks displayed on the Endurance Web Site (collectively, the "Trademarks") are the registered and unregistered marks of Endurance, our affiliates, our licensors or our partners. All Trademarks not owned by us, our affiliates or our partners that appear on the Endurance Web Site 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 Endurance Web Site 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. Limited License
We grant you a limited, revocable, and non-exclusive license to access and make personal use of the Endurance Web Site. Please note that you may not frame or utilize framing techniques to enclose the Endurance Web Site or any portion thereof without our prior written consent. The limited license set forth in this Section 9 does not include the right to: (i) modify or download the Endurance Web Site or its contents (except caching); (ii) make any use of the Endurance Web Site or its Content other than personal use; (iii) create any derivative work based upon either the Endurance Web Site or its Content; (iv) use any meta tags or any other "hidden text" utilizing our name or the Trademarks without our express written consent; or (v) use software robots, spiders, crawlers, or similar data gathering and extraction tools, or take any other action that may impose an unreasonable burden or load on our infrastructure. Any unauthorized use by you of the Endurance Web Site terminates the limited license set forth in this Section 9 without prejudice to any other remedy provided by applicable law.
With respect to any dispute regarding the Endurance Web Site, 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 Endurance Web Site 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
Endurance reserves the right to amend these Terms at any time. Endurance will notify User of any such changes to these Terms by posting the revised Terms on the Endurance Web Site. Unless otherwise specified, such changes shall be effective upon posting. User has the obligation to review changes in these Terms. User's continued use of the Endurance Web Site 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 Endurance Web Site.
You acknowledge and agree that these Terms constitute the complete and exclusive agreement between us concerning your use of the Endurance Web Site, 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. Endurance'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 email@example.com.