This section and all of the following sections set forth the terms and conditions under which Mitsui Sumitomo Marine Management (U.S. A.), Inc. (which includes its parents, subsidiaries and affiliate companies, collectively referred to as “MSMM”) 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 MSMM 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. MSMM 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 MSMM. 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. MSMM DISCLAIMS ALL WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. MSMM 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. MSMM 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 MSMM MAY MAKE CHANGES OR IMPROVEMENTS AT ANY TIME. YOU, AND NOT MSMM, 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. MSMM 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.
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, MSMM reserves the right to release your details to system administrators at other sites in order to assist them in resolving security incidents. MSMM reserves the right to investigate suspected violations of these Terms & Conditions.
MSMM reserves the right to fully cooperate with any law enforcement authorities or court order requesting or directing MSMM 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 MSMM FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY MSMM DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER MSMM OR LAW ENFORCEMENT AUTHORITIES.
You may use the MSMM site solely for your personal non-commercial purposes. You may not use this site for any other purpose, including any commercial purpose, without MSMM’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 MSMM. 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 MSMM 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 MSMM is the proprietary information of MSMM or the party that provided the material and content to MSMM, and MSMM or the party that provided the material and content to MSMM 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 MSMM 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 MSMM ‘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, MSMM. Hyper-links to such sites are provided as a service to users and are not sponsored by or affiliated with this site or MSMM. MSMM 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 MSMM 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 MSMM 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 MSMM does not take responsibility for the privacy policies of, and usage of, personal information collected by others.
MSMM, 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 ARISING DIRECTLY OR INDIRECTLY FROM YOUR ACCESS TO OR USE OF THIS WEB SITE, EVEN IF MSMM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL THE COLLECTIVE LIABILITY OF MSMM 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 MSMM FOR THE APPLICABLE CONTENT OR SERVICE OUT OF WHICH LIABILITY AROSE.
You will indemnify, defend and hold MSMM, 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 MSMM or the party that provided the trademarks, service marks, and logos to MSMM. MSMM and any party that provided trademarks, service marks, and logos to MSMM 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:
MSMM 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 MSMM nor any third party that provides material and content to MSMM will assume or have any liability for any action or inaction by MSMM 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 MSMM 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 MSMM. 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 MSMM 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.
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