Terms & Conditions
This web site (the “Site”) is made available to you by Aspen Insurance Holdings Limited (“Aspen”) for information purposes only.
You should read these terms and conditions of use (“Terms of Use”) carefully before using the Site. By accessing or using the Site, you agree to be bound with Aspen by these Terms of Use. No proposed variation, amendment or changes to these Terms of Use are valid or have any effect. If you do not agree with or accept any of these terms and conditions, you are not authorised to use the Site and your sole remedy is to cease using the Site immediately.
Availability
Whilst Aspen makes every effort to ensure that the Site is available, Aspen 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 the Site is at the sole discretion of Aspen. Aspen may deny you access to the Site or any portion thereof at any time, without notice and with or without cause. Further Aspen reserves the right to suspend or cease the operation of the Site without notice from time to time at its sole discretion.
Proper Conduct
You warrant that when using the Site you shall not:
(1) resell or transfer any Content (as defined 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;
(4) 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 of Use);
(5) violate, attempt to violate or assist, intentionally, negligently or otherwise, in any violation of the confidentiality or security of any information provided to Aspen 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 Aspen; 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 these Terms of Use automatically terminates if you breach any of the terms and conditions contained herein. Upon termination, you must immediately leave this website and destroy any downloaded or printed materials. As described in below (Intellectual Property Rights), any unauthorized use of any Content contained in the Site may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications statutes and regulations.
Aspen reserves its right to prevent you from accessing the Site if you do not comply with any part of these terms and conditions.
Intellectual Property Rights
All images, text, programs, and other materials and content (collectively, the “Content”) provided on the 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 one or all of the Aspen Group companies and/or its licensors. All rights are reserved for the benefit of one or all of the Aspen Group companies and/or its licensors.
Except as expressly stated in these Terms of Use, 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 the 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 the Site; (iii) do not use the Content on the 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 Aspen or it is clearly indicated that any document or information may be downloaded and used.
The names, logos, taglines and other marks identifying any of the Aspen Group companies and its products and services are proprietary marks of one or all of the Aspen Group companies. Any other trademarks and service marks are the property of their respective owners. This Terms of Use does not grant you the right to use any trademark, service mark or logo appearing on the Site for any purpose whatsoever.
Content
As described below (Disclaimers), whilst Aspen endeavours to ensure that the information posted on the Site is accurate, Aspen Group 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. Products and services referred to on the Site will only be offered publicly in those jurisdictions where it is lawful to do so and the Site is only directed at such jurisdictions. You agree that you will make yourself aware of and adhere to any restrictions there may be in your jurisdiction upon any services referred to in the Site.
Disclaimers
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 THE SITE IS PROVIDED WITHOUT GUARANTEES OF COMPLETENESS, ACCURACY OR TIMELINESS AND WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. ASPEN GROUP DOES NOT WARRANT THAT THE SITE, OR ANY OTHER WEB SITES THAT MAY BE LINKED TO THROUGH THE SITE, WILL BE UNINTERRUPTED, ERROR FREE, FREE OF VIRUSES, DEFECTS OR HARMFUL COMPONENTS, COMPATIBLE WITH YOUR COMPUTER EQUIPMENT OR FIT FOR ANY PURPOSE.
ANY AND ALL INFORMATION CONTAINED ON, OR WHICH MAY BE TRANSMITTED THROUGH, THE SITE INCLUDING THESE TERMS AND CONDITIONS DO NOT CONSTITUTE OR FORM PART OF ANY OFFER OR INVITATION IN ANY JURISDICTION TO ENTER INTO ANY AGREEMENT RELATING TO ANY INVESTMENT WHATSOEVER, INCLUDING ANY OFFER OF SECURITIES.
ANY AND ALL INFORMATION CONTAINED ON, OR WHICH MAY BE TRANSMITTED THROUGH, THE SITE IS NOT TO BE REGARDED AS A RECOMMENDATION AND DOES NOT PURPORT TO GIVE ANY ADVICE WHATSOEVER AND SHOULD NOT BE CONSTRUED AS SUCH.
TO THE FULLEST EXTENT PERMITTED BY LAW, ASPEN 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 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.
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. Aspen Group 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 ASPEN GROUP 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 THE SITE;
• ANY ERROR OR INACCURACIES IN ANY INFORMATION OR MATERIAL WITHIN OR RELATING TO THE SITE;
• THE UNAVAILABILITY OF THE SITE FOR WHATSOEVER REASON, OR ANY REPRESENTATION OR STATEMENT MADE ON THE SITE; OR
• ANY STATEMENT OR REPRESENTATION MADE ON THE SITE.or the avoidance of doubt, Aspen Group does not exclude or limit its liability for death or personal injury arising from its negligence, for any fraudulent misrepresentation made by Aspen on the Site or for any other statutory rights that are not capable of being excluded.
Hyperlinks and Third Party Sites
The Site may contain hyperlinks to web sites owned and operated by parties other than Aspen Group. 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. 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. We are under no obligation to maintain any link on the Site and may remove a link at any time in our sole discretion for any reason whatsoever.
Indemnity
You agree to indemnify, defend and hold harmless Aspen Group, its directors, officers, employees, agents, licensors, attorneys, independent contractors, providers, subsidiaries and affiliates (collectively, the “Aspen Indemnitees”) from and against any and all claim, loss, expense, or demand or liability, including attorneys’ fees and costs, incurred by the Aspen Indemnitees arising out of (i) any claim by a third party relating to the posting, distribution, modification or alteration by you of any content, or (ii) you use of the Site in violation of these Terms of Use or in violation of any applicable law.
You agree to cooperate with us as reasonably required in the defense of any such claims. The Aspen 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 Aspen.
Security
Aspen 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 Aspen 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, Aspen 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.
Privacy Statement
Aspen is committed to safeguarding your privacy. Aspen’s Privacy Policy sets out our information collection and sharing practices in relation to the personal information that we collect and use for the administration of insurance policies, reinsurance contracts and the provision of services.
Remedies for Misuse
You agree that any unauthorized use of the Site or its Contents may cause Aspen 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 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 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 ASPEN 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.
Forward-Looking Statements
The Site may contain forward-looking statements. These forward-looking statements are subject to uncertainties and inherent risks that could cause actual results to differ materially from those contained in any forward-looking statement. Aspen undertakes no duty to update publicly any forward-looking statements contained herein, in light of new information or future developments.
General
Aspen 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 Aspen. It is your responsibility to check these terms and conditions from time to time to verify such variations.
These Terms of Use contains the entire understanding and agreement between Aspen 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 Aspen 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.
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 the Site. Use of the Site is unauthorised in any jurisdiction that does not give effect to all provisions of these Terms of Use, including without limitation this paragraph.
YOU AND ASPEN WAIVE TO THE FULLEST EXTENT PERMITTED BY LAW ANY RIGHT TO A TRIAL BY JURY WITH RESPECT TO ANY DISPUTE, CONTROVERSY OR CLAIM ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OF USE.
The captions used in these Terms of Use appear solely for convenience and such captions do not constitute any part of the Terms of Use.
Any rights not expressly granted herein are reserved by Aspen.