Terms and conditions

 

THIS PARAGRAPH CONTAINS AN IMPORTANT NOTICE: PLEASE READ IT CAREFULLY. YOU AGREE THAT DISPUTES BETWEEN YOU AND LANCASHIRE WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION SUBJECT TO THE TERMS HEREIN. BY AGREEING TO THESE TERMS, YOU ARE WAIVING YOUR RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING. FURTHER, YOUR RIGHTS AND ABILITY TO SEEK CERTAIN REMEDIES ARE LIMITED BY THESE TERMS.

TERMS OF WEBSITE USE

These Terms of Website Use (these “Terms”) govern your use of the website located at www.us.lancashiregroup.com (the "Site"). The Site is owned by Lancashire Insurance (US) LLC (referred to in these Terms as "Lancashire", "we" or "us").

The content of the Site is provided by Lancashire and by its third-party service providers. The Site is made available to you for information purposes only. Please read these Terms carefully before you start to use the Site.

These Terms form a binding legal agreement between you and Lancashire in relation to your use of the Site. IF YOU DO NOT AGREE WITH THESE TERMS, YOU MUST NOT ACCESS THE SITE. You can review the most current version of these Terms at any time at https://www.lancashiregroup.com/en/site-services/disclaimer.html.

BY CLICKING “I ACCEPT”, “I AGREE” OR SIMILAR, OR BY ACCESSING OR USING THE SITE, YOU AGREE THAT YOU HAVE READ, UNDERSTOOD, AND AGREED TO BE BOUND BY THE TERMS. If you do not agree to these Terms, you are not authorized to use the Site. If you have, in Lancashire's sole opinion, breached any of the provisions of these Terms, your entitlement is terminated to use the Site for any and all purposes.

From time to time, Lancashire may change, remove, or supplement these Terms. If you continue to use the Site after the effective date of the updated Terms, you will be bound by the updated Terms.

ACCESSING THE SITE

Access to the Site is permitted on a temporary basis, and we may withdraw or amend any services we provide on the Site without notice. We will not be liable in any way if, for any reason, the Site is unavailable at any time or for any period. From time to time, we may restrict your access to some parts of the Site, or the entire Site, at our sole discretion.

You are responsible for making all arrangements necessary for you to have access to the Site. You are also responsible for ensuring that all persons who access the Site through your internet connection are aware of these terms, and that they comply with them. 

INTELLECTUAL PROPERTY RIGHTS

All images, text, programs, and other materials and content provided on the Site (together, the "Materials") are protected by law, including copyright law, intellectual property rights law and international treaties. As between you and us, we are the owner or the licensee of all intellectual property rights in the Materials on the Site. All rights in the Materials are reserved. Except as expressly set out in these Terms, you are granted no rights in the Site or in any of the Material.

None of the Materials 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 Lancashire.

The names, logos, taglines and other marks identifying any Lancashire group companies and their products and services are proprietary marks of Lancashire. Any other trademarks and service marks are the property of their respective owners. This Terms does not grant you the right to use any trademark, service mark or logo appearing on the Site for any purpose whatsoever. 

RELIANCE ON INFORMATION POSTED

Information, opinions and Materials provided on the Site should not be treated as, and are not intended to be, any advice or recommendation on which reliance should be placed. The information on the Site is not intended to be, and does not constitute, a communication, invitation or inducement to engage in investment activity or to otherwise deal in the shares of Lancashire (or any other company). Anyone contemplating any investment activity should not rely on any of the information made available on the Site.

We disclaim all liability and responsibility arising from any reliance you may place on the Materials.  Lancashire does not offer any insurance or reinsurance products or services through the Site and no part of the Site should be considered to be an offer to engage in such products or services through the Site.

The information, opinions and Materials provided on the Site may include forward-looking statements, which are subject to inherent uncertainties and risks that could cause any actual results to differ materially from those contained in such forward-looking statements. Lancashire bears no responsibility for the accuracy of such statements, and undertakes no duty to update, amend or rectify publicly any forward-looking statements contained herein, in light of new information or future developments.

CONTENT SUPPLIED BY YOU

You represent, warrant, and agree that no content posted or otherwise shared by you on or through any portion of the Site (“Your Content”), violates or infringes upon the rights of any third party, including copyright, trademark, privacy, publicity, or other personal, intellectual property rights or other proprietary rights, breaches or conflicts with any obligation, such as a confidentiality obligation, or contains libelous, defamatory, or otherwise unlawful material.

You acknowledge, represent and agree that Your Content is submitted voluntarily and is not confidential or proprietary except to the extent submitted under a Customer Agreement, and that Your Content does not establish a relationship between you and us. You hereby grant Lancashire and its sublicensees a worldwide, royalty-free, non-exclusive, transferable, perpetual and irrevocable license to use, distribute, transmit, reproduce, modify, publish, translate, publicly perform and display and create derivative works of Your Content, except as otherwise prohibited by applicable law or these Terms.  You waive any right to compensation of any type for Your Content. You represent and warrant that you have all the rights necessary to grant the rights in this Section 5 and that use of Your Content by Lancashire does not violate any law.

PROHIBITED CONDUCT

You agree not to engage in any of the following activities:

Violating laws and rights

You may not (a) use any portion of the Site for any illegal purpose or in violation of any local, state, national, or international laws or (b) violate or encourage others to violate any right of or obligation to a third party, including by infringing, misappropriating, or violating intellectual property rights, confidentiality, or privacy rights.

Disruption

You may not use the Site in any manner that could disable, overburden, damage, or impair the Site, or interfere with any other ’individual’s or entity’s use and enjoyment of the Site; including (a) uploading or otherwise disseminating any virus, adware, spyware, ransomware or other malicious code, or (b) interfering with or disrupting any network, equipment, or server connected to or used to provide the Site, or violating any regulation, policy, or procedure of any network, equipment, or server.

Impersonation or Unauthorized Access

You may not impersonate another individual or entity, or misrepresent your affiliation with another individual or entity when using the Site. You may not use or attempt to use another’s account or personal information. You may not attempt to gain unauthorized access to the Site, or the computer systems or networks connected to the Site, through hacking, password mining or any other means.

INDEMNITY

You agree to indemnify, defend and hold harmless Lancashire, its subsidiaries, officers, employees, agents, service providers and contractors (collectively, the "Lancashire Indemnitees") from and against any and all claims, losses, expenses, demands or liabilities (including any attorneys' fees and costs), incurred by the Lancashire Indemnitees arising out of (i) any claim by a third party relating to the posting, distribution, modification or alteration by you of any Materials, (ii) your use of the Site or (iii) your violation of any other individual’s rights or any applicable law.

You agree to cooperate with all reasonable requests from Lancashire in connection with the defense of any such claims. The Lancashire Indemnitees reserve the right, at their sole discretion and cost, to assume the exclusive defense and control of any proceedings that would otherwise be subject to indemnification by you, and you shall not in any event settle any such claim or matter without the express prior written consent of Lancashire.

DISCLAIMER OF WARRANTIES

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, LANCASHIRE OFFERS THE WEBSITE (INCLUDING ALL CONTENT AVAILABLE ON OR THROUGH THE WEBSITE), INCLUDING ANY THIRD-PARTY SERVICES AS-IS AND AS-AVAILABLE, AND MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND CONCERNING THE WEBSITE OR THE CONTENT, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WITHOUT LIMITATION, WARRANTIES OF ACCURACY, RELIABILITY, AVAILABILITY, TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. LANCASHIRE DOES NOT WARRANT THAT THE FUNCTIONS OF THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT CONTENT MADE AVAILABLE ON OR THROUGH THE WEBSITE WILL BE ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY SERVERS USED BY LANCASHIRE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. 

LIMITATION OF LIABILITY

IN NO EVENT WILL LANCASHIRE OR ITS AFFILIATES, EMPLOYEES, OFFICERS, DIRECTORS, OTHER AGENTS, LICENSORS OR PROVIDERS BE LIABLE TO YOU ON ANY LEGAL THEORY FOR ANY INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, CONSEQUENTIAL, EXEMPLARY, OR OTHER SPECIAL CATEGORIES OF DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF REVENUE OR INCOME, LOST PROFITS, COST OF SUBSTITUTE GOODS OR SERVICES, OR SIMILAR DAMAGES SUFFERED OR INCURRED BY YOU OR ANY THIRD PARTY THAT ARISE IN CONNECTION WITH THE WEBSITE (OR THE TERMINATION THEREOF FOR ANY REASON), WHETHER BASED ON CONTRACT, WARRANTY, PRODUCT LIABILITY, TORT (INCLUDING NEGLIGENCE) OR OTHER LEGAL THEORY AND EVEN IF LANCASHIRE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SUBJECT TO THE FOREGOING LIMITATIONS, AND ANY APPLICABLE CUSTOMER AGREEMENT, YOUR RECOVERY OF ANY DIRECT DAMAGES IS LIMITED TO THE LESSER OF WHAT YOU PAID FOR ACCESS TO THE WEBSITE OR USD $50.00.

Certain jurisdictions do not permit the exclusion of certain warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply to you. IN THESE JURISDICTIONS, THE FOREGOING EXCLUSIONS AND LIMITATIONS WILL BE ENFORCED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW. 

LINKING TO THE SITE

You may link to the Site's home page, provided you do so in a fair and legal manner which does not damage, diminish or take any unfair advantage of Lancashire's reputation. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part without Lancashire's express prior written consent.

You must not establish a link from any website that is not owned by you. The Site must not be 'framed' on or within any other website, nor may you create a link to any part of the Site other than the home page. We reserve the right to withdraw linking permission without notice.

LINKS FROM THE SITE

Where the Site contains links to other websites and resources provided by third parties, these links are provided for your information only.  Lancashire has no control over the contents of those websites or resources, and accepts no responsibility for them or for any loss or damage that may arise from your use of them.

The inclusion on the Site of links to third party websites or content is not an indication that Lancashire endorses or approves of those sites or content. We accept no liability of any kind for any information, products or services provided in or through any third-party websites or content. 

MONITORING AND ENFORCEMENT OF TERMS

We have the right to:

·        Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.

·        Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Site.

·        Terminate or suspend your access to all or part of the Site for any or no reason, including without limitation, any violation of these Terms.

Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Sites. YOU WAIVE AND HOLD HARMLESS LANCASHIRE AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

TERMINATION

By Lancashire: Lancashire may modify, suspend, or terminate the operation of, or access to, all or any portion of the Site at any time for any reason. Additionally, your individual access to, and use of, the Site may be terminated by Lancashire at any time and for any reason.

By you: If you wish to terminate these Terms, you may immediately stop accessing or using the Site at any time.

Automatic upon breach: Your right to access and use the Site terminates automatically upon your breach of any of these Terms.

Survival: The disclaimer of warranties, indemnification, limitation of liability, dispute resolution provision, and this provision will survive any termination. The license grants applicable to Your Content are not impacted by the termination of these Terms and shall continue in effect subject to the terms of the applicable license.

DISPUTE RESOLUTION.

Agreement to Arbitrate

You agree that any dispute, claim or controversy arising out of or relating to these Terms (“Dispute”) will be settled by binding arbitration, except that each party retains the right: (i) to bring an individual action in small claims court and (ii) to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents or other intellectual property rights (the action described in clause (ii) is an “IP Action”). The exclusive jurisdiction and venue of any IP Action will be the state and federal courts located in Delaware, and each of the parties to these Terms waives any objection to jurisdiction and venue in those courts. You acknowledge and agree that you are waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding. Further, unless you otherwise agree with us in writing, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of any class or representative proceeding. If a decision is issued stating that applicable law precludes enforcement of any limitations set forth in this Agreement to Arbitrate on the right to arbitrate claims on a class or representative basis, or as part of a consolidated proceeding, as to a given claim for relief, then that claim (and only that claim) must be severed from the arbitration and brought in the state or federal courts located in Delaware. All other claims will be arbitrated. This “Dispute Resolution” section will survive any termination of these Terms.

Arbitration Rules

The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Commercial Arbitration Procedures and the Supplementary Procedures for Consumer Related Disputes (the “AAA Rules”) then in effect, except as modified by this Dispute Resolution section. (The AAA Rules are available at https://adr.org/rules or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act

Arbitration Process

A party who desires to begin arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules. AAA provides a general form for a Demand for Arbitration and a separate form for Demand for Arbitration for Texas residents. The arbitrator will either be a retired judge or an attorney licensed to practice law and will be selected by the parties from the AAA’s roster of arbitrators. If the parties are unable to agree upon an arbitrator within seven days of delivery of the Demand for Arbitration, then the AAA will appoint the arbitrator in accordance with the AAA Rules.

Arbitration Location and Procedure

Unless you agree with us otherwise, the arbitration will be conducted in the county where you reside. If you claim does not exceed $10,000, then the arbitration will be conducted solely on the basis of the documents that are submitted to the arbitrator, unless you request a hearing or the arbitrator determines that a hearing is necessary. If your claim exceeds $10,000, your right to a hearing will be determined by the AAA Rules. Subject to the AAA Rules, the arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration.

Arbitrator’s Decision

The arbitrator will render an award within the time frame specified in the AAA Rules. The arbitrator’s decision will include the essential findings on which the arbitrator based the award. Judgment on the arbitration award may be entered in any court with competent jurisdiction. The arbitrator’s award of damages must be consistent with the terms of the “Limitation of Liability” section above as to the types and amounts of damages for which a party may be held liable. The arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant’s individual claim.

Fees

Your responsibility to pay any AAA filing, administrative and arbitrator fees will be solely as set forth in the AAA Rules.

Arbitration Motion Practice

Dispositive motions may be filed at any time up to 30 days prior to any merits hearing and no merits hearing shall occur until the arbitrator(s) have ruled on the motion(s) that are filed, if any.

TRADEMARKS

"Lancashire" is a registered Community Trademark of Lancashire Holdings Limited.

MISCELLANEOUS TERMS

Choice of law: These Terms (and all Disputes) are governed by and construed by the laws of the State of Delaware in the United States, not including its choice of law rules.

Electronic Notice and Electronic Signature: You agree and consent to receive electronically all communications, agreements, documents, receipts, notices and disclosures (collectively, “Communications”). Lancashire may provide these Communications to you by posting them via the Site, by emailing them to you at the email address you provide, or by sending an SMS or text message to a mobile phone number that you provide. You should maintain copies of all Communications. You may contact us through email at [email protected] if you have any questions regarding any Communication. You further consent and agree that your use your finger, a key pad, mouse or other device to select an item, button, icon or similar act while using the Site, or in accessing or making any transactions regarding any agreement, acknowledgment, consent, terms, disclosures or conditions, constitutes your signature, acceptance, and agreement as if actually signed by you in writing. Further, you agree that no certification authority or other third-party verification is necessary to establish the validity of your electronic signature, and that the lack of such certification or third party verification will not affect the enforceability of your signature or any resulting contract between you and us.

No waiver: Either party's failure to insist on or enforce strict performance of any of these Terms will not be construed as a waiver of any provision or right.

Severability: If any part of these Terms is held to be invalid or unenforceable by any law or regulation or final determination of the arbitrator, that provision will be deemed severable and will not affect the validity and enforceability of the remaining provisions. If any provision of these Terms is so held invalid or unenforceable by a court of competent jurisdiction, in whole or in part, such provision shall be interpreted so as to remain enforceable to the maximum extent permissible consistent with applicable law and the parties intent.

Relationship of parties: The parties agree that no joint venture, partnership, employment, or agency relationship exists between you and Lancashire as a result of these Terms or from your use of any portion of the Site. You may not enter into any contract on our behalf or bind us in any way.

Assignment: Lancashire may assign these Terms, in whole or in part, at any time with or without notice to you. You may not assign these Terms or assign, transfer, or sublicense your rights, if any, to access or use the Site or its Content, and any attempt by you to do so is void.

Integration: These Terms and any applicable Customer Agreements constitute the entire agreement between you and Lancashire relating to this subject matter and supersede any and all prior communications and/or agreements between you and Lancashire relating to access and use of the Site.

YOUR CONCERNS

If you have any concerns about Material which appears on the Site, please contact [email protected].