Terms and Conditions of www.bluecapital.bm and email communications with Blue Capital (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 Issues
The Site is made available to you by Blue Capital Management Ltd. (“Blue Capital”) for information purposes only. Blue Capital is the wholly-owned asset management platform of Endurance Specialty Holdings Ltd., a member of the Sompo International group of companies and a wholly-owned subsidiary of Sompo Holdings, Inc. Sompo International is a recognized global specialty provider of property and casualty insurance and reinsurance and a leader in property catastrophe and short tail reinsurance since 2001.
This Site and the information contained herein does not and is not intended to constitute a solicitation of interest in respect of the acquisition of any shares or securities or the provision of investment management, advisory or other services to any person in any jurisdiction in which such solicitation is not authorized or to any person to whom it would be unlawful to make such a solicitation.
You are required to notify Blue Capital immediately by email if any information which you are able to access on this Site would cause you or Blue Capital to be in breach of applicable laws or regulations. In such event, you shall
- destroy immediately any such information (and all copies) which has been downloaded or printed by you from this Site;
- stop accessing this Site;
- disregard such information; and
- treat such information as confidential and not disseminate it.
The content of this Site is general in nature. This Site is not intended to provide specific investment advice including, without limitation, investment, financial, legal, accounting or tax advice, or to make any recommendations about the suitability of any securities or investment strategies discussed on this Site for the circumstances of any particular investor. If you do require investment advice, please contact an independent broker or financial adviser. You should take appropriate advice as to any securities, taxation or other legislation affecting you personally prior to investing. Terms are indicative only and subject to change. The services described on this Site are not necessarily available to all persons, or to residents of all jurisdictions. The opinions or recommendations expressed on this Site do not take into account individual circumstances and are not intended to represent “recommendations” by Blue Capital to particular clients. Past performance is not necessarily indicative of future results, and nothing on this Site should be interpreted to state or imply otherwise. The value of an investment and the income from it can go up as well as down, it may be affected by exchange rate variations and you may not get back any amount invested.
If you are in any doubt about any of the information on this Site, please consult your financial or other professional adviser.
While Blue Capital makes every effort to ensure that the Site is available, Blue Capital 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 Blue Capital. Blue Capital may deny you access to the Site or any portion thereof at any time, without notice and with or without cause. Further, Blue Capital 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:
- resell or transfer any Content (as defined in Section 4 below) of the Site;
- impersonate, or otherwise misrepresent your affiliation with any other person or entity;
- 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;
- copy, transmit, reproduce, modify, create derivative works of, distribute or in any way exploit any information, content, component or other material obtained through the Site (other than as expressly permitted by these Terms and Conditions);
- violate, attempt to violate or assist, intentionally, negligently or otherwise, in any violation of the confidentiality or security of any information provided to Blue Capital by other Site users;
- 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 Blue Capital; or
- 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 your agreement to adhere to these Terms and Conditions and 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.
Blue Capital 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 Blue Capital and/or its licensors. All rights are reserved for the benefit of Blue Capital 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 Blue Capital or it is clearly indicated that any document or information may be downloaded and used.
The names, logos, taglines and other marks identifying Blue Capital and its products and services are proprietary marks of Blue Capital. Any other trademarks and service marks are the property of their respective owners. This Terms and Conditions does not grant you the right to use any trademark, service mark or logo appearing on the Site for any purpose whatsoever.
As described in Section 6 below (Disclaimers), whilst Blue Capital endeavors to ensure that the information posted on the Site is accurate, Blue Capital 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 BLUE CAPITAL’S EMAIL ALERTS IS PROVIDED WITHOUT GUARANTEES OF COMPLETENESS, ACCURACY OR TIMELINESS AND WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. BLUE CAPITAL 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, BLUE CAPITAL 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.
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. Blue Capital 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 BLUE CAPITAL 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:
- YOUR USE, REFERENCE TO OR RELIANCE ON ANY INFORMATION OBTAINED ON OR THROUGH THIS SITE OR PROVIDED IN CONNECTION WITH BLUE CAPITAL’S EMAIL ALERTS;
- ANY ERROR OR INACCURACIES IN ANY INFORMATION OR MATERIAL WITHIN OR RELATING TO THE SITE OR PROVIDED IN CONNECTION WITH BLUE CAPITAL’S EMAIL ALERTS;
- THE UNAVAILABILITY OF THE SITE FOR WHATSOEVER REASON, OR ANY REPRESENTATION OR STATEMENT MADE ON THE SITE OR IN CONNECTION WITH BLUE CAPITAL’S EMAIL ALERTS; OR
- ANY STATEMENT OR REPRESENTATION MADE ON THE SITE OR IN CONNECTION WITH BLUE CAPITAL’S EMAIL ALERTS.
For the avoidance of doubt, Blue Capital does not exclude or limit its liability for death or personal injury arising from its negligence, for any fraudulent misrepresentation made by Blue Capital 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 Blue Capital. Such hyperlinks are provided only for your convenience. Blue Capital does not control such third party web sites and is not responsible for their contents. The inclusion of hyperlinks on the Site does not mean that Blue Capital endorses or approves of any third party web site to which you may have access through the linked web sites. Blue Capital does not guarantee the sequence, accuracy, or completeness of any information or data displayed through such sites. Blue Capital accepts 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
Certain materials on this Site may contain statements, beliefs and opinions which are forward-looking and reflect current expectations and projections about future events as of the date of the materials. By their nature, forward-looking statements involve a number of risks, uncertainties and assumptions that could cause actual results or events to differ materially from those expressed or implied by forward-looking statements which could adversely affect the outcome and financial effects of the plans and events described. Forward looking statements contained in this Site regarding past trends or activities should not be taken as a representation that such trends or activities will continue in the future. Users 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 Blue Capital assumes no obligation to update or revise any of them in light of new information, future events or otherwise.
You agree to indemnify, defend and hold harmless Blue Capital, its directors, officers, employees, agents, licensors, attorneys, independent contractors, providers, subsidiaries and affiliates (collectively, the “Blue Capital Indemnitees”) from and against any and all claim, loss, expense, or demand or liability, including attorneys’ fees and costs, incurred by the Blue Capital Indemnitees arising out of:
- any claim by a third party relating to the posting, distribution, modification or alteration by you of any content; or
- you use of the Site in violation of these Terms and Conditions or in violation of any applicable law.
You agree to cooperate with us as reasonably required in the defense of any such claims. The Blue Capital 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 Blue Capital.
Blue Capital 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 Blue Capital 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, Blue Capital 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, Blue Capital operates this Site for the purpose of providing information concerning its reinsurance business. Blue Capital 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 Blue Capital collects consists of voluntarily submitted personal information. For example, if you choose to subscribe to Blue Capital’s e-mail alert service, you will be required 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 Blue Capital.
All information you provide through the Site is used to provide and improve the services offered by Blue Capital. This information may also be provided to or shared with affiliates of Blue Capital or its associated co-insurers. Except as provided herein, Blue Capital will not share your personal information with any third party without your prior consent. Blue Capital does not currently sell, trade or rent personal information to any third-party without your prior consent.
13. Remedies for Misuse
You agree that any unauthorized use of the Site or its Contents may cause Blue Capital 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 and Conditions. You further understand that unauthorized use of the Site may expose you to civil and criminal liability and that Blue Capital may report violations of these Terms and Conditions 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 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 BLUE CAPITAL 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.
Blue Capital 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 Blue Capital. It is your responsibility to check these Terms and Conditions from time to time to verify such variations.
These Terms and Conditions contains the entire understanding and agreement between Blue Capital and you in relation to your use of the Site and supersede and replace any representation, statement or other communication (whether written or otherwise) made by you or Blue Capital which is not contained herein.
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
These Terms and Conditions are governed and construed in accordance with the laws of Bermuda. You hereby consent to the exclusive jurisdiction of the Bermuda courts in all disputes arising out of or relating to the use of this Site. Use of this Site is unauthorised in any jurisdiction that does not give effect to all provisions of these Terms and Conditions, including without limitation this paragraph.
The captions used in these Terms and Conditions appear solely for convenience and such captions do not constitute any part of the Terms and Conditions. Any rights not expressly granted herein are reserved by Blue Capital.
If you have any questions about these Terms and Conditions, the operation of this Site, or your dealings with us, you can contact us at:
BLUE CAPITAL MANAGEMENT LTD.
100 Pitts Bay Road
Pembroke, Bermuda , HM08
PO Box HM 2079
Hamilton, Bermuda, HMHX
T: +1 441.278.0400
F: +1 441.278.0401
E: [email protected]