AXISCapital.com
Terms of Use
Please Review Carefully these Terms of Use
This Internet web site (the "AXIS Site") is made available for your use by the AXIS Capital Holdings Limited companies (“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 AXIS Specialty Limited, a Bermudian domiciled insurer/reinsurer, AXIS Specialty Europe Limited, an Irish domiciled insurer, AXIS Re Limited, an Irish domiciled reinsurer, AXIS Reinsurance Company (formerly known as Royal & SunAlliance Personal Insurance Company in certain states), a U.S. domiciled licensed insurer and reinsurer, AXIS Surplus Insurance Company (formerly known as Sheffield Insurance Corporation), a U.S. domiciled eligible surplus lines insurer and AXIS Specialty Insurance Company, a U.S. domiciled eligible surplus lines insurer.
The AXIS Site is for informational purposes only. By accessing and making use of this 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 authorised 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 and without notice to you. It is your responsibility to visit this web page frequently to review carefully the 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 authorised to conduct business
in the U.S. and do not engage in or transact any unauthorised 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 law 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, as
user, shall take no action that is inconsistent with AXIS Group's ownership
of the AXIS Site.
In accordance with these Terms of Use, AXIS Group grants to you, the user, a non-exclusive, non-transferable license to use the AXIS Site in accordance with these Terms. IN NO EVENT DOES AXIS SPECIALTY GROUP GRANT TO USER A LICENSE TO COPY, MODIFY, AMEND, DOWNLOAD 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, constitute the know-how, intellectual property, proprietary and/or copyrighted material of AXIS Group ("AXIS Proprietary Materials"). 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. User agrees to implement reasonable security measures to protect the AXIS Proprietary Materials for the term of this license 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. The inclusion of hyperlinks on our AXIS 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. 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. 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 authorisation. The AXIS Group takes appropriate technical and organisational
measures against unauthorised 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 authorisation 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 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, EITHER EXPRESS 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 SPECIALTY GROUP AND INFORMATION IS SUBJECT TO CHANGE.
TO THE FULLEST EXTENT PERMITTED BY LAW, AXIS 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 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. 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 OF COMPANIES, THEIR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, LICENSORS, ATTORNEYS, INDEPENDENT CONTRACTORS, PROVIDERS, SUBSIDIARIES AND AFFILIATES (COLLECTIVELY, THE “AXIS SPECIALTY GROUP AND AFFILIATES”) FROM AND AGAINST ANY AND ALL CLAIM, LOSS, EXPENSE, OR DEMAND OR LIABILITY, 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 A THIRD PARTY'S RIGHT, 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 ALL SUCH CLAIMS. 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 agreement is intended, 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 may cause the AXIS 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 of Use. 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 WILLFULLY 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 VIOLATION. IN NO EVENT SHALL LIABILITY FOR LIQUIDATED DAMAGES PRECLUDE LIABILITY FOR CONSEQUENTIAL DAMAGES OR ANY OTHER REMEDY.
Applicable Law
This agreement is 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 unauthorised 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 should be aware 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