This section and all of the following sections set forth the terms
and conditions under which Mitsui Sumitomo Insurance
Group (MSIG, which
includes MSIG Holdings (America) Inc. and it's
parents, affiliates, and subsidiaries) provides the information on this Web site, as well as
the terms and conditions governing your use of this site. By making use of this
site, you agree to be bound by the terms and conditions we have outlined below.
If you do not accept these terms and conditions, do not continue to use or
access this site.
You understand that MSIG cannot
and does not guarantee or warrant that files
available for downloading from the Internet will be
free of viruses, worms, Trojan horses or other code
that may manifest contaminating or destructive
properties. You are responsible for implementing
sufficient procedures and checkpoints to satisfy
your particular requirements for accuracy of data
input and output, and for maintaining a means
external to this site for the reconstruction of any
lost data. MSIG does not assume any responsibility
or risk for your use of the Internet.
The content on this Web site is not necessarily
complete and up-to-date and should not be used to
replace any written reports, statements, or notices
provided by MSIG. All persons and entities should
use the content of this Web site in the same manner
as any other educational medium and should not rely
on the content to the exclusion of their own
judgment. Information obtained by using this site is
not exhaustive and does not cover all issues,
topics, or facts that may be relevant.
YOUR USE OF THIS SITE IS AT YOUR OWN RISK. THE
CONTENT IS PROVIDED 'AS IS' AND WITHOUT WARRANTIES
OF ANY KIND, EITHER EXPRESSED OR IMPLIED. MSIG
DISCLAIMS ALL WARRANTIES, INCLUDING ANY IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. MSIG
DOES NOT WARRANT THAT THE FUNCTIONS OR CONTENT
CONTAINED IN THIS SITE WILL BE UNINTERRUPTED OR
ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT
THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE
FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. MSIG
DOES NOT WARRANT OR MAKE ANY REPRESENTATION
REGARDING USE, OR THE RESULT OF USE, OF THE CONTENT
IN TERMS OF ACCURACY, RELIABILITY, OR OTHERWISE. THE
CONTENT MAY INCLUDE TECHNICAL INACCURACIES OR
TYPOGRAPHICAL ERRORS, AND MSIG MAY MAKE CHANGES OR
IMPROVEMENTS AT ANY TIME. YOU, AND NOT MSIG, ASSUME
THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR
OR CORRECTION IN THE EVENT OF ANY LOSS OR DAMAGE
ARISING FROM THE USE OF THIS SITE OR ITS CONTENT.
MSIG MAKES NO WARRANTIES THAT YOUR USE OF THE
CONTENT WILL NOT INFRINGE THE RIGHTS OF OTHERS AND
ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR
OMISSIONS IN SUCH CONTENT.
Information concerning MSIG, its employees, policyholders, customers, agents,
or others, on whom data is collected, stored, or processed is the property of
MSIG and is confidential except for necessary disclosures for legitimate
business purposes.
If you have been assigned a User Name for access to restricted sections of this
site, you are responsible for all activities executed under your User Name and
are the only one who may use it. To meet this responsibility, you are expected
to keep your User Name and Password confidential. Allowing another person to
use your User Name and its associated passwords, using a User Name and password
assigned to another person, or attempting to gain access to resources for which
you are not authorized is a serious breach of security.
You are prohibited from using
any services or facilities provided in connection
with this site to compromise security or tamper with
system resources and/or accounts. The use or
distribution of tools designed for compromising
security (e.g., password guessing programs, cracking
tools or network probing tools) is strictly
prohibited. If you become involved in any violation
of system security, MSIG reserves the right to
release your details to system administrators at
other sites in order to assist them in resolving
security incidents. MSIG reserves the right to
investigate suspected violations of these Terms &
Conditions.
MSIG reserves the right to fully cooperate with any
law enforcement authorities or court order
requesting or directing MSIG to disclose the
identity of anyone posting any e-mail messages, or
publishing or otherwise making available any
materials that are believed to violate these Terms &
Conditions.
BY ACCEPTING THIS AGREEMENT YOU WAIVE AND HOLD
HARMLESS MSIG FROM ANY CLAIMS RESULTING FROM ANY
ACTION TAKEN BY MSIG DURING OR AS A RESULT OF ITS
INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A
CONSEQUENCE OF INVESTIGATIONS BY EITHER MSIG OR LAW
ENFORCEMENT AUTHORITIES.
You may use the MSIG site solely for your personal
non-commercial purposes. You may not use this site
for any other purpose, including any commercial
purpose, without MSIG's express prior written
consent. For example, you may not (and may not
authorize any other party to) (i) co brand this
site, or (ii) frame this site, or (iii) hyper-link
to this site, without the express prior written
permission of an authorized representative of MSIG.
For purposes of these Terms & Conditions, 'co
branding' means to display a name, logo, trademark,
or other means of attribution or identification of
any party in such a manner as is reasonably likely
to give a user the impression that such other party
has the right to display, publish, or distribute
this site or content accessible within this site.
You agree to cooperate with MSIG in causing any
unauthorized co-branding, framing or hyper-linking
immediately to cease.
The material and content accessible from this site,
or any other World Wide Web site owned, operated,
licensed, or controlled by MSIG is the proprietary
information of MSIG or the party that provided the
material and content to MSIG, and MSIG or the party
that provided the material and content to MSIG
retains all right, title, and interest in the same.
Accordingly, the material and content herein may not
be copied, distributed, republished, uploaded,
posted, or transmitted in any way without the prior
written consent of MSIG or the party owning such
material and content, except that you may print out
a copy of the material and content solely for your
personal use. In doing so, you may not remove or
alter, or cause to be removed or altered, any
copyright, trademark, trade name, service mark, or
any other proprietary notice or legend appearing on
any of the material and content. Modification or use
of the material and content except as expressly
provided in these Terms & Conditions violates MSIG's
intellectual property rights. Neither title nor
intellectual property rights are transferred to you
by access to this site.
This site may be hyper-linked to other sites which
are not maintained by, or related to, MSIG.
Hyper-links to such sites are provided as a service
to users and are not sponsored by or affiliated with
this site or MSIG. MSIG has not reviewed any or all
of such sites and is not responsible for the content
of those sites. Hyper-links are to be accessed at
the user's own risk, and MSIG makes no
representations or warranties about the content,
completeness or accuracy of these hyper-links or the
sites hyper-linked to this site. Further, the
inclusion of any hyper-link to a third-party site
does not necessarily imply endorsement by MSIG of
that site. Please note users should be aware that
each Web site will vary in terms of its privacy and
data protection policies, and MSIG does not take
responsibility for the privacy policies of, and
usage of, personal information collected by others.
MSIG, ITS SUBSIDIARIES, AFFILIATES, LICENSORS,
SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES,
AGENTS, OFFICERS, AND DIRECTORS WILL NOT BE LIABLE
FOR ANY INCIDENTAL, DIRECT, INDIRECT, PUNITIVE,
ACTUAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR OTHER
DAMAGES, INCLUDING LOSS OF REVENUE OR INCOME, PAIN
AND SUFFERING, EMOTIONAL DISTRESS, OR SIMILAR
DAMAGES, EVEN IF MSIG HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL THE
COLLECTIVE LIABILITY OF MSIG AND ITS SUBSIDIARIES,
AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT
PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND
DIRECTORS TO ANY PARTY (REGARDLESS OF THE FORM OF
ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE)
EXCEED THE GREATER OF $100 OR THE AMOUNT YOU HAVE
PAID TO MSIG FOR THE APPLICABLE CONTENT OR SERVICE
OUT OF WHICH LIABILITY AROSE.
You will indemnify, defend and hold MSIG, its
subsidiaries, affiliates, licensors, content
providers, service providers, employees, agents,
officers, directors, and contractors (the
'Indemnified Parties') harmless from any breach of
these Terms & Conditions by you, including any use
of material and content other than as expressly
authorized in these Terms & Conditions. You agree
that the Indemnified Parties will have no liability
in connection with any such breach or unauthorized
use, and you agree to indemnify any and all
resulting loss, damages, judgments, awards, costs,
expenses, and attorneys' fees of the Indemnified
Parties in connection therewith. You will also
indemnify, defend and hold the Indemnified Parties
harmless from and against any claims brought by
third parties arising out of your use of the
information accessed from this site.
Trademarks, service marks, and logos appearing in
this site are the property of MSIG or the party that
provided the trademarks, service marks, and logos to
MSIG. MSIG and any party that provided trademarks,
service marks, and logos to MSIG retain all rights
with respect to any of their respective trademarks,
service marks, and logos appearing in this site.
you may not post, send, submit, publish, or transmit
in connection with this site any material that:
-
you do not have the right to post, including
proprietary material of any third party;
-
advocates illegal activity or discusses an intent
to commit an illegal act;
-
is vulgar, obscene, pornographic, or indecent;
-
does not pertain directly to this site;
-
threatens or abuses others, libels, defames,
invades privacy, stalks, is obscene, pornographic,
racist, abusive, harassing, threatening or
offensive;
-
seeks to exploit or harm children by exposing them
to inappropriate content, asking for personally
identifiable details or otherwise;
-
infringes any intellectual property or other right
of any entity or person, including violating
anyone's copyrights or trademarks or their rights of
publicity;
-
violates any law or may be considered to violate
any law;
-
impersonates or misrepresents your connection to
any other entity or person or otherwise manipulates
headers or identifiers to disguise the origin of the
content;
-
advertises any commercial endeavor (e.g., offering
for sale products or services) or otherwise engages
in any commercial activity (e.g., conducting raffles
or contests, displaying sponsorship banners, and/or
soliciting goods or services) except as may be
specifically authorized on this site;
-
solicits funds, advertisers or sponsors;
-
includes programs which contain viruses, worms
and/or Trojan horses or any other computer code,
files or programs designed to interrupt, destroy or
limit the functionality of any computer software or
hardware or telecommunications;
-
disrupts the normal flow of dialogue, causes a
screen to scroll faster than other users are able to
type, or otherwise act in a way which affects the
ability of other people to engage in real time
activities via this site;
-
disobeys any policy or regulations established
from time to time regarding use of this site or any
networks connected to this site; or
-
contains hyper-links to other sites that contain
content that falls within the descriptions set forth
above.
MSIG reserves the right to monitor use of this site
to determine compliance with these Terms &
Conditions, as well the right to remove or refuse
any information for any reason. Notwithstanding
these rights, you remain solely responsible for the
content of your submissions. You acknowledge and
agree that neither MSIG nor any third party that
provides material and content to MSIG will assume or
have any liability for any action or inaction by
MSIG or such third party with respect to any
submission.
Please note that none of the information contained in this Web site should be
viewed as an offer to sell or as a solicitation to purchase any of our products
or services. Rather, the information on our products and services is provided
to you so that you can learn what products MSIG generally offers.
Statements on this Web site are for general
description purposes only. This Web site does not amend, modify or supplement
the policies. Furthermore, not all coverages are available in every state or
country. Consult the actual policy or contact us
for the name of an agent who can supply you with details regarding terms,
conditions, coverages, exclusions, products, services and programs that may be
available to you.
Should any of these terms and conditions be held invalid, that invalid
provision shall be construed to be consistent with the applicable law, and in a
manner so as to remain consistent with the original intent of MSIG. Provisions
not otherwise held invalid shall remain in force.
These Terms & Conditions will be
governed and interpreted pursuant to the laws of the
State of New Jersey, United States of America,
notwithstanding any principles of conflicts of law.
You specifically consent to personal jurisdiction in
New Jersey in connection with any dispute between
you and MSIG arising out of these Terms & Conditions
or pertaining to the subject matter hereof. The
parties to these Terms & Conditions each agree that
the exclusive venue for any dispute between the
parties arising out of these Terms & Conditions or
pertaining to the subject matter of these Terms &
Conditions will be in the courts in the State of New
Jersey.
Please see MSIG's Privacy Policy
Any comments or questions concerning the Privacy
Policy or these Terms & Conditions should be
addressed to:
Info@msigusa.com
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