Terms and Conditions of Montpelier Web Site and Email Communications with Montpelier (collectively, the “Site”)
You should read these terms and conditions carefully before using the Site. By accessing or using this Site, you agree to be bound by these terms and conditions. No proposed variation, amendment or changes to these terms and conditions are valid or have any effect. If you do not agree with or accept any of these terms and conditions, you are not authorized to use the Site and your sole remedy is to cease using the Site immediately.
1. Regulatory and Broker Agency Issues
The Site is made available to you by Montpelier Re Holdings Ltd and Montpelier Reinsurance Ltd (collectively, “Montpelier”) for information purposes only. Montpelier was established in December 2001 in Bermuda to create a platform to deliver reinsurance solutions to global customers. Montpelier provides reinsurance cover to insurance and reinsurance companies, including property catastrophe excess of loss reinsurance, property risk excess of loss reinsurance, facultative reinsurance, whole account quota share reinsurance and property retrocession reinsurance. Other business includes specialty lines such as aviation and marine reinsurance, casualty reinsurance, workers' compensation catastrophe and personal accident catastrophe reinsurance. Montpelier Reinsurance Ltd ("Montpelier Re"), a Bermuda domiciled Class 4 insurance and reinsurance company, is authorized in Bermuda under The Insurance Act of 1978. Montpelier Re is licensed or otherwise approved to transact its insurance and reinsurance business in Bermuda only and is not admitted or authorized to engage in or transact any such business in any other jurisdiction through this Site or otherwise. Accordingly, Montpelier Re's reinsurance business services are not available through this Site to users due to insurance regulatory restrictions.
In all applicable circumstances Broker acknowledges that it is not an agent of and has no authority to act on behalf of or bind Montpelier Re and will not hold itself out as having such authority. Broker is recognized as the Intermediary negotiating the contract as the Reinsured’s agent for all purposes. All communications relating thereto (including but not limited to notices, statements, premiums, return premiums, commissions, taxes, losses, loss adjustment expense, salvages, and loss settlements) shall be transmitted to the Reinsured or the Reinsurer through the Intermediary.
Whilst Montpelier makes every effort to ensure that the Site is available, Montpelier does not represent, warrant or guarantee in any way that there is continued availability at all times or of uninterrupted use by you of the Site. Your use of this Site is at the sole discretion of Montpelier. Montpelier may deny you access to the Site or any portion thereof at any time, without notice and with or without cause. Further Montpelier reserves the right to suspend or cease the operation of the Site from time to time at its sole discretion.
3. Proper Conduct
You warrant that when using the Site you shall not:
(1) resell or transfer any Content (as defined in Section 4 below) of the Site;
(2) impersonate, or otherwise misrepresent your affiliation with any other person or entity;
(3) modify, falsify, or delete any attributions, legends, marks, notices, or any other proprietary designation of the origin or source of any material (including Content) appearing on the Site;
(5) violate, attempt to violate or assist, intentionally, negligently or otherwise, in any violation of the confidentiality or security of any information provided to Montpelier by other Site users;
(6) use any robot, spider, or other automatic device, or manual process to monitor or copy the Site pages or the contents contained therein without the prior, expressed written permission of Montpelier; or
(7) violate or facilitate any violation of any applicable local, state, federal, or international law, statute, regulation, code, or ordinance, including, without limitation, regulations promulgated by or the rules of any national or other securities exchange.
The permission to use the Site granted by this Agreement automatically terminates if you breach any of the terms and conditions contained herein. Upon termination, you must immediately destroy any downloaded or printed materials. As described in Section 4 below, any unauthorized use of any Content contained in this Site may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications statutes and regulations.
Montpelier reserves its right to prevent you from accessing the Site if you do not comply with any part of these terms and conditions.
4. Intellectual Property Rights
All images, text, programs, and other materials and content (collectively, the "Content") provided on this Site is protected by law, including copyright law, intellectual property rights laws and international treaties. Any intellectual property rights subsisting in the Content on the Site belongs to Montpelier and/or its licensors. All rights are reserved for the benefit of Montpelier and/or its licensors. Nothing in these terms and conditions grants you any rights in the Site or the Content contained therein.
You are granted permission to display, copy, distribute and download the Content on this Site for personal, non-commercial use only, provided you: (i) keep intact all copyright and other proprietary notices; (ii) make no modifications to the Content on this Site; (iii) do not use the Content on this Site in a manner that suggests an association with any products, services, or brands; and (iv) do not download the Content to a database that can be used to avoid future downloads from the Site. Except as stated herein, none of the Content may be copied, reproduced, republished, downloaded, displayed, modified, transmitted, licensed, transferred, sold or distributed by any means or otherwise exploited in any manner, including but not limited to electronic, mechanical, photocopying, recording or otherwise, without the express prior written permission of Montpelier or it is clearly indicated that any document or information may be downloaded and used.
As described in Section 6 below (Disclaimers), whilst Montpelier endeavours to ensure that the information posted on the Site is accurate, Montpelier does not represent, warrant or promise (whether express or implied) that any information is or remains accurate, complete and up-to-date, or fit or suitable for any purpose.
YOU AGREE THAT ANY USE OF THE SITE IS AT YOUR SOLE RISK AND THAT THE SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. ALL INFORMATION CONTAINED ON OR WHICH MAY BE TRANSMITTED THROUGH THIS SITE OR IN CONNECTION WITH MONTPELIER'S E-MAIL ALERTS IS PROVIDED WITHOUT GUARANTEES OF COMPLETENESS, ACCURACY OR TIMELINESS AND WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. MONTPELIER DOES NOT WARRANT THAT THIS SITE, ITS EMAIL ALERT SERVICES, OR ANY OTHER WEB SITES THAT MAY BE LINKED TO THROUGH THIS SITE, WILL BE UNINTERRUPTED, ERROR FREE, FREE OF VIRUSES, DEFECTS OR HARMFUL COMPONENTS, COMPATIBLE WITH YOUR COMPUTER EQUIPMENT OR FIT FOR ANY PURPOSE.
TO THE FULLEST EXTENT PERMITTED BY LAW, MONTPELIER 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 SITE; (B) ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, USEFULNESS, OR CONTENT OF INFORMATION, OR SERVICES OFFERED ON OR THROUGH THE SITE; (C) ANY WARRANTIES THAT THE SITE IS FREE OF VIRUSES, WORMS, TROJAN HORSES OR OTHER HARMFUL COMPONENTS; AND (D) ANY WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR WARRANTIES OF NON-INFRINGEMENT.
The information contained in this Site is not an offer or an invitation to invest in the shares of Montpelier, or purchase or sell any re-insurance contracts, products or services or otherwise deal in these or enter into a contract with Montpelier or any other company. The information provided should not be relied upon in connection with any investment decision. You should always seek appropriate professional advice in relation to such investment decisions.
7. Limitation of Liability
If you are accessing the Site from outside Bermuda, you are responsible for ensuring that your use of the Site is in accordance with the laws of the country of your residence or the jurisdiction from which you are accessing the Site. Montpelier disclaims and excludes all liability howsoever arising and of whatsoever nature to you in the event that your use of the Site is contrary to the laws of the country of your residence or from which you are accessing the Site.
UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, SHALL MONTPELIER BE LIABLE FOR ANY DAMAGES, DIRECT, INDIRECT, INCIDENTAL, AND/OR CONSEQUENTIAL, INCLUDING WITHOUT LIMITATION BODILY INJURY, EMOTIONAL DISTRESS OR DISCOMFORT, OR PHYSICAL DAMAGE RESULTING FROM OR IN ANY WAY RELATED TO YOUR USE OF THE SITE, INCLUDING BUT NOT LIMITED TO:
a. YOUR USE, REFERENCE TO OR RELIANCE ON ANY INFORMATION OBTAINED ON OR THROUGH THIS SITE OR PROVIDED IN CONNECTION WITH MONTPELIER'S EMAIL ALERTS;
b. ANY ERROR OR INACCURACIES IN ANY INFORMATION OR MATERIAL WITHIN OR RELATING TO THE SITE OR PROVIDED IN CONNECTION WITH MONTPELIER'S EMAIL ALERTS;
c. THE UNAVAILABILITY OF THE SITE FOR WHATSOEVER REASON, OR ANY REPRESENTATION OR STATEMENT MADE ON THE SITE OR IN CONNECTION WITH MONTPELIER'S EMAIL ALERTS; OR
d. ANY STATEMENT OR REPRESENTATION MADE ON THE SITE OR IN CONNECTION WITH MONTPELIER'S EMAIL ALERTS.
For the avoidance of doubt, Montpelier does not exclude or limit its liability for death or personal injury arising from its negligence, for any fraudulent misrepresentation made by Montpelier on the Site or for any other statutory rights that are not capable of being excluded.
8. Hyperlinks and Third Party Sites
This Site may contain hyperlinks to web sites owned and operated by parties other than Montpelier. Such hyperlinks are provided only for your convenience. We do not control such third party web sites and are not responsible for their contents. The inclusion of hyperlinks on the 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. Montpelier does not guarantee the sequence, accuracy, or completeness of any information or data displayed through such 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.
9. Forward-Looking statements
Montpelier may from time to time make written or oral “forward-looking statements” within the meaning of the U.S. federal securities laws. Written forward-looking statements may appear in documents filed with the U.S. Securities and Exchange Commission, in press releases, in reports to shareholders and in other materials, some of which may be contained on this website. These forward-looking statements rely on a number of assumptions concerning future events and are subject to a number of uncertainties and other factors, many of which are outside Montpelier’s control, that could cause actual results to differ materially from such statements. For a more detailed description of these uncertainties and other factors, please see Montpelier’s filings with the U.S. Securities and Exchange Commission. Readers are cautioned not to put undue reliance on these forward-looking statements. Forward-looking statements speak only as of the date they are made, and Montpelier assumes no obligation to update or revise any of them in light of new information, future events or otherwise.
You agree to cooperate with us as reasonably required in the defense of any such claims. The Montpelier Indemnitees 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 Montpelier.
Montpelier 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 Montpelier Re takes appropriate measures to protect the security of the information communicated through the Site, the Internet is an open network that is not secure and there is an inherent risk that any transmission via the Internet may be intercepted, modified, misdirected, or not be delivered to the intended recipient. In addition, there is also an inherent risk that information stored on a computer connected to the Internet may be accessed without authorization. As no Internet-connected computer system can be made absolutely secure from intrusion, Montpelier cannot and does not guarantee that information displayed on the 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 Site to communicate with us, you do so at your own risk.
12. Privacy Statement
As described herein, Montpelier operates this Site for the purpose of providing information concerning its reinsurance business. Montpelier is committed to respecting your privacy and that of the information you provide to us in connection with using this Site. By using this Site, you consent to the processing of personal information about you as described in this Privacy Statement for this Site.
The information that Montpelier collects consists of voluntarily submitted personal information. For example, if you choose to subscribe to Montpelier's e-mail alert service, including but not limited to Montpelier Re Holdings Ltd.'s Investor Calendar Alert, Audio Archive Alert, News Release Alert, Presentation Alert, Financial Report Alert and/or SEC Filing Alert, we will ask you to submit your email address to enable us to provide you with the requested services. Also, if you submit an information request through the Site, you will be required to provide us with personal information, such as your name, company name, e-mail address, physical address, fax number and demographic information (such as, city, state and country, or any other demographic information that you may submit) so that we can contact you and respond to your inquiry. The personal information we collect through the Site is collected and stored in a manner appropriate to the nature of your request, as determined by Montpelier to respond to your request.
All information you provide through the Site is used to provide and improve the services offered by Montpelier. This information may also be provided to or shared with affiliates of Montpelier or its associated co-insurers. Except as provided herein, Montpelier will not share your personal information with any third party without your prior consent. Montpelier does not currently sell, trade or rent personal information to any third-party without your prior consent.
13. Remedies for Misuse
IN ADDITION TO ANY OTHER REMEDY AVAILABLE, YOU AGREE AND ACKNOWLEDGE THAT IN THE EVENT THAT YOU WILFULLY 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 SITE OR CONTENT, THEN YOU SHALL BE LIABLE TO MONTPELIER 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.
Montpelier reserves the right to vary these terms and conditions from time to time without notifying you. By continuing to use and access the Site you agree to be bound by any variation made by Montpelier. It is your responsibility to check these terms and conditions from time to time to verify such variations.
Should any part of these terms and conditions for any reason be declared invalid or unenforceable by a court of a competent jurisdiction, it shall be deemed to be deleted without affecting the remaining provisions.
15. Applicable Laws
Email Address: firstname.lastname@example.org
Mailing Address: PO Box HM 2079, Hamilton, HM HX, Bermuda
Phone Number: + 1 441 296 5550
Fax Number: + 1 441 296 5551