Terms of Use

Please Review Carefully these Terms of Use

This Internet web site (the "AXIS Site") is made available for your use by AXIS Capital Holdings Limited and its affiliates(“AXIS Group”, "we", "us", or "our") pursuant to the terms and conditions of use set forth herein (the "Terms of Use"). The AXIS Group includes the following entities:  AXIS Specialty Limited, a Bermuda domiciled insurer/reinsurer, AXIS Specialty Europe SE, an Ireland domiciled insurer, AXIS Re SE, an Ireland domiciled reinsurer, AXIS Reinsurance Company, a New York domiciled insurer and reinsurer, AXIS Surplus Insurance Company, an Illinois domiciled surplus lines insurer, AXIS Insurance Company, an Illinois domiciled insurer and AXIS Specialty Insurance Company, a Connecticut domiciled insurer.

The AXIS Site is for informational purposes only. By accessing and making use of the AXIS Site you agree to be bound by these Terms of Use. If you do not agree with the Terms of Use, you are not authorized to use the AXIS Site and your sole remedy is to leave and no longer use the AXIS Site.

These Terms of Use may be modified by the AXIS Group at any time without notice to you. It is your responsibility to visit the AXIS Site frequently to review carefully the then current Terms of Use which govern your continued use of the AXIS Site. Each and every time you access the AXIS Site you shall be deemed to have agreed to the then current Terms of Use.

As a condition of your use of this AXIS Site, you warrant to AXIS Group that you will not use this AXIS Site for any purpose that is unlawful or prohibited by these Terms of Use.

Licensing and Regulatory Information

The AXIS 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 this AXIS Site are not available to all users of the AXIS Site due to insurance regulatory restrictions. Non-U.S. companies within the AXIS Group are not licensed or otherwise authorized to conduct business in the U.S. and do not engage in or transact any unauthorized business in the U.S. through this AXIS Site or otherwise.

Proprietary Rights in AXIS Site

All rights in this AXIS Site and its contents, unless otherwise indicated, are owned by the AXIS Group or have been made available to us under license by third parties. This AXIS Site and its contents, unless otherwise indicated, are protected by copyright laws and other intellectual property laws and treaties in the United States, United Kingdom and other jurisdictions. "AXIS" and the "AXIS" logo are trademarks of AXIS Capital Holdings Limited. All other trademarks displayed on the AXIS Site, unless otherwise indicated, are either owned by us or displayed under license to us. You are not authorized to reproduce or otherwise use any of the trademarks displayed on this AXIS Site. AXIS Group retains all right, title and interest in and to the AXIS Site, including but not limited to all copyrights, trademarks, trade secrets, service marks, trade names and other intellectual property rights therein. You shall take no action that is inconsistent with AXIS Group's ownership of the AXIS Site or the intellectual property rights therein.

Subject to your full and complete compliance with these Terms of Use, AXIS Group grants to you, the user, a non-exclusive, non-transferable, limited, revocable license to use the AXIS Site in accordance with these Terms of Use. IN NO EVENT DOES AXIS GROUP GRANT TO USER A LICENSE TO COPY, MODIFY, AMEND, DOWNLOAD, CREATE DERIVATIVE WORKS OF, DISTRIBUTE OR REPRODUCE THE CONTENT OR ANY PORTION OF THE AXIS SITE OR THE SOFTWARE UNDERLYING THE AXIS SITE.

You acknowledge and agree that the AXIS Site, including, but not limited to, the specific design and structure of the AXIS Site, its underlying software, and the layout and text of the content on the AXIS Site, and all data and information contained therein, constitute the know-how, intellectual property, proprietary and/or copyrighted material of AXIS Group ("AXIS Proprietary Materials"). During the term of this Terms of Use and at all times thereafter, you agree not to disclose, provide, or otherwise make available the AXIS Proprietary Materials in any form to any third party without the prior written consent of AXIS Group, except as permitted in these Terms of Use and to use the same solely for your internal business purposes. User agrees to implement reasonable security measures to protect the confidentiality of the AXIS Proprietary Materials and to notify AXIS Group in writing of any known breaches of such security upon discovery of the breach by you.

Linked Web Sites

This AXIS Site may contain hyperlinks to web sites owned and operated by parties other than the AXIS Group. Such hyperlinks are provided only for ready reference and ease of use. We do not control such web sites and are not responsible for their contents. We do not endorse or approve the contents of, or any other element of, such third party web site to which you may have access through the linked web sites. You agree that we have 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. The AXIS Group is under no obligation to maintain any link on our AXIS Site and may remove a link at any time in its sole discretion for any reason whatsoever.

Security

The Internet is an open network that is not secure. There is an inherent risk that any transmission via the Internet may be intercepted, modified, misdirected, or not be delivered to the intended recipient. There is also an inherent risk that information stored on a computer connected to the Internet may be accessed without authorization. The AXIS 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 we take appropriate measures to protect the security of the information communicated through the AXIS Site, no Internet-connected computer system can be made absolutely secure from intrusion. We, therefore, cannot and do not guarantee that information displayed on our AXIS 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 AXIS Site to communicate with us, you do so at your own risk.

Privacy

We are committed to respecting your privacy and that of the information you provide to us. By using this AXIS Site, you consent to the processing of personal information about you as described in the Privacy Policy for this AXIS Site, which is hereby incorporated by reference within these Terms of Use.

WE TAKE REASONABLE AND APPROPRIATE MEASURES TO ENSURE THAT INFORMATION PROVIDED BY YOU IS USED CONSISTENT WITH THE PRIVACY POLICY. HOWEVER, THE INTERNET IS AN OPEN SYSTEM AND WE CANNOT AND DO NOT GUARANTEE THAT PERSONAL INFORMATION ENTERED BY YOU WILL NOT BE MISAPPROPRIATED, INTERCEPTED, MODIFIED, DELETED, DESTROYED OR USED BY OTHERS. YOU AGREE NOT TO HOLD ANY AXIS GROUP COMPANY LIABLE FOR ANY LOSS OR DAMAGE OF ANY SORT INCURRED AS A RESULT OF ANY SUCH MISAPPROPRIATION, INTERCEPTION, MODIFICATION, DELETION, DESTRUCTION, OR USE OF INFORMATION PROVIDED THROUGH THIS AXIS SITE.

Disclaimers

YOU AGREE THAT ANY USE OF THE AXIS SITE IS AT YOUR SOLE RISK AND THAT THE AXIS SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EXPRESS, STATUTORY OR IMPLIED. WE GIVE NO WARRANTIES IN RESPECT OF THE AXIS SITE WHATSOEVER.

AXIS GROUP DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR RESULTS OF THE USE OF ANY CONTENT OR INFORMATION AVAILABLE ON OR WHICH MAY BE TRANSMITTED THROUGH THE AXIS SITE. THE ACCURACY, COMPLETENESS, SEQUENCING OR TIMELINESS OF INFORMATION IS NOT GUARANTEED BY AXIS GROUP AND INFORMATION IS SUBJECT TO CHANGE.

TO THE FULLEST EXTENT PERMITTED BY LAW, AXIS GROUP DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, STATUTORY, 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 AXIS SITE; (B) ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, USEFULNESS, OR CONTENT OF INFORMATION, OR SERVICES OFFERED ON OR THROUGH THE AXIS SITE; (C) ANY WARRANTIES THAT THE AXIS SITE IS FREE OF VIRUSES, WORMS, TROJAN HORSES OR OTHER HARMFUL COMPONENTS; (D) ANY WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THAT THE AXIS SITE WILL BE COMPATIBLE WITH YOUR COMPUTER EQUIPMENT; AND (E) ANY WARRANTIES OF NON-INFRINGEMENT.

Limitation of Liability and Indemnification

UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, SHALL AXIS GROUP BE LIABLE FOR ANY DAMAGES, DIRECT, INDIRECT, INCIDENTAL, AND/OR CONSEQUENTIAL, INCLUDING WITHOUT LIMITATION SPECIAL DAMAGES, ECONOMIC LOSS, LOSS OF PROFITS, LOSS OF BUSINESS OPPORTUNITY, LOSS OF DATA OR DATA USE, BODILY INJURY, EMOTIONAL DISTRESS OR DISCOMFORT, OR PHYSICAL DAMAGE RESULTING FROM OR IN ANY WAY RELATED TO YOUR USE OF THE AXIS SITE, INCLUDING BUT NOT LIMITED TO YOUR USE, REFERENCE TO OR RELIANCE ON ANY INFORMATION OBTAINED ON OR THROUGH THIS SITE. THE AGREGATE LIABILITY OF AXIS GROUP FOR ALL CLAIMS BY YOU RELATING TO THESE TERMS OF USE SHALL NOT EXCEED TEN (10) DOLLARS. IF ANY PROVISIONS OF THIS CLAUSE ARE UNENFORCEABLE UNDER THE LAWS OF A PARTICULAR JURISDICTION, THIS CLAUSE WILL BE ENFORCED TO THE EXTENT PERMITTED UNDER THE LAWS OF THAT JURISDICTION.

MOREOVER, YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS THE AXIS GROUP, THEIR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, LICENSORS, ATTORNEYS, INDEPENDENT CONTRACTORS, PROVIDERS, SUBSIDIARIES AND AFFILIATES (COLLECTIVELY, THE “AXIS SPECIALTY GROUP AND AFFILIATES”) FROM AND AGAINST, AND TO PAY AS INCURRED ALL DAMAGES, LOSSES, EXPENSES, AND COSTS, INCLUDING ATTORNEYS' FEES AND COSTS, INCURRED BY THE AXIS SPECIALTY GROUP AND AFFILIATES ARISING OUT OF (I) ANY CLAIM BY A THIRD PARTY THAT YOUR USE OF THE AXIS SITE, INCLUDING BUT NOT LIMITED TO THE POSTING, DISTRIBUTION, COPYING, MODIFICATION, ALTERATION OR ANY USE BY YOU OF ANY CONTENT OR SOFTWARE AVAILABLE ON THE AXIS SITE, INFRINGES OR MISAPPRORIATES A THIRD PARTY'S RIGHTS (INCLUDING ANY INTELLECTUAL PROPERTY RIGHTS), OR (II) YOUR USE OF THE AXIS SITE IN VIOLATION OF THESE TERMS OF USE OR IN VIOLATION OF ANY APPLICABLE LAW.

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 AXIS CAPITAL HOLDINGS LIMITED OF SUCH CLAIM. YOU AGREE TO COOPERATE WITH US AS REASONABLY REQUIRED IN THE DEFENSE OF ANY SUCH CLAIMS. AXIS GROUP AND AFFILIATES 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 AXIS LIMITED.

Nothing in this Terms of Use is intended to be, nor will it be construed as, an attempt to exclude or limit liability for death or personal injury caused by negligence.

Remedies for Misuse

You agree that any unauthorized use of the AXIS Site, its contents or the AXIS Proprietary Materials will cause the AXIS Group immediate and irreparable harm for which money damages will not constitute an adequate remedy. You further agree that temporary and permanent injunctive relief, in addition to any other remedies available, will be warranted in order to enforce these Terms of Use without proof of actual damages or the posting of bond or other security. You further understand that unauthorized use of the AXIS Site may expose you to civil and criminal liability and that we may report violations of these Terms of Use to and cooperate fully with the appropriate law enforcement authorities concerning any violations hereof.

IN ADDITION TO ANY OTHER REMEDY AVAILABLE, YOU AGREE AND ACKNOWLEDGE THAT IN THE EVENT THAT YOU BREACH ANY OF THESE TERMS, INCLUDING, BUT NOT LIMITED TO AMENDING OR MODIFYING THE CONTENT OR COPYING, MODIFYING, DOWNLOADING OR REPRODUCING ANY PORTION OF THE AXIS SITE OR THE AXIS PROPRIETARY MATERIALS, THEN YOU SHALL BE LIABLE TO AXIS GROUP FOR LIQUIDATED DAMAGES IN THE AMOUNT OF $5,000 PER BREACH. IN NO EVENT SHALL LIABILITY FOR LIQUIDATED DAMAGES PRECLUDE LIABILITY FOR CONSEQUENTIAL DAMAGES OR ANY OTHER REMEDY.

Applicable Law

These Terms of Use are governed by the laws of Bermuda. You hereby consent to the exclusive jurisdiction of the English courts in all disputes arising out of or relating to the use of this AXIS Site. Use of this AXIS Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms of Use, including without limitation this paragraph.

Submit.AXIS Site

If you choose to use our broker submission service by linking through to the Submit.AXIS web site, you acknowledge that your use of the Submit.AXIS web site is subject to a separate Terms of Use and Privacy Policy.

General Terms and Conditions

AXIS Group is subject to existing laws and legal process, and nothing contained in these Terms of Use is in derogation of AXIS Group's right to comply with law enforcement requests or requirements relating to your use of this AXIS Site or information provided to or gathered by AXIS Group with respect to such use.

Any rights not expressly granted herein are reserved by AXIS Group.

Contact Information

If you have any questions about these Terms of Use, the operation of this AXIS Site, or your dealings with us, you can contact us at:

AXIS Capital Holdings Limited
AXIS House
92 Pitts Bay Road
Pembroke, HM 08
Bermuda
Tel: + 1.441.296.2600
Fax: + 1.441.405.2640