Terms and Conditions of Use - Disclaimer
Date Last Updated: 7/2/2015
- No Offer; Non-Solicitation
Information contained on the TMR Sites and other Content is for information purposes only. No Content on the TMR Sites constitutes advice or an offer or a recommendation to sell or a solicitation to buy any insurance, reinsurance or any other product or service or to conclude any legal act or transaction of any kind whatsoever. Not all insurance, reinsurance or other products or services of TMR are available in all jurisdictions.
- Accuracy of Information
TMR uses its discretion and reasonable efforts in compiling the TMR Sites and Content. TMR may make changes to the TMR Sites at any time and without notice to you. However, TMR shall not have and does not undertake any express or other obligation to update or revise the TMR Sites or the Content, regardless of new or updated information that may become available or otherwise.
Your access to the TMR Sites may be suspended, restricted or terminated at any time and without notice or having liability to you, including, without limitation, to allow for repairs, maintenance, or the introduction of new information or facilities. In addition, TMR may, in its sole discretion and at any time, discontinue the TMR Sites, or any part thereof, without notice or having liability to you.
- Forward-Looking Statements
You acknowledge that any reliance on the TMR Sites and the Content shall be at your sole risk. You are cautioned not to make any decisions based on the TMR Sites or any Content and not to place reliance on forward-looking statements reflected on the TMR Sites or any Content. The access to or use of the TMR Sites is no substitute for and does not replace professional advice. You should obtain professional advice if you have a particular question at hand. All Content is based on knowledge and facts available at the time of publication. TMR undertakes no obligation to publicly revise or update any forward-looking statements.
- Disclaimer; Exclusion of liability
This clause 5 applies to the fullest extent permitted by applicable law. Your access to and use of the TMR Sites and Content are at your sole risk, and you are entirely liable for your activities in connection with the TMR Sites and Content. The TMR Sites and Content are provided "as is" and "as available". TMR and its affiliates do not make any representation, warranty, guarantee, or condition of any kind, express, implied, statutory or otherwise, including, without limitation, any warranties of merchantability, fitness for a particular purpose, title or non-infringement of any intellectual property rights, including, without limitation, with respect to Content, services, error-free or continuous or uninterrupted access to the TMR Sites, or products provided through or in connection with the TMR Sites, or the availability, truthfulness, completeness, timeliness, accuracy, usefulness or other characteristics of Content or services offered on or through the TMR Sites, or the absence of malware (including, without limitation, viruses, worms, trojan horses or other harmful components). All such representations, warranties, guarantees and conditions are hereby waived by you and excluded, except to the extent such waiver and exclusion is not permitted by applicable law.
EXCEPT TO THE EXTENT THE FOLLOWING LIMITATIONS ARE NOT PERMITTED BY APPLICABLE LAW, TMR AND ITS AFFILIATES SHALL NOT BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, UNDER ANY LEGAL THEORY, WHETHER IN CONTRACT OR IN TORT, INCLUDING NEGLIGENCE, OR OTHERWISE FOR ANY LOSS OR DAMAGES CAUSED BY USE OF, OR RELIANCE ON, OR INABILITY TO USE OR ACCESS, OR DELAYS IN, OR INACCURACIES OR ERRORS OR DEFECTS OR OMISSIONS IN THE TMR SITES OR CONTENT, INCLUDING, BUT NOT LIMITED, TO ANY LOST PROFITS, SAVINGS OR DATA, OR ANY SPECIAL, INCIDENTAL, DIRECT, INDIRECT, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, RESULTING FROM ANY CAUSE WHATSOEVER, BY YOU OR ANY OTHER THIRD PARTY, EVEN IF FORESEEABLE OR TMR OR ANY OF ITS AFFILIATES HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES. YOU HEREBY EXPRESSLY RELEASE TMR AND ITS AFFILIATES FROM ANY AND ALL LIABILITY OR RESPONSIBILITY FOR ANY DAMAGE CAUSED, DIRECTLY OR INDIRECTLY, TO YOU OR ANY THIRD PARTY, AS A RESULT OF THE TMR SITES OR CONTENT, INCLUDING ANYTHING DOWNLOADED OR ACCESSED FROM THE TMR SITES. TMR AND ITS AFFILIATES ARE NOT RESPONSIBLE FOR ANY DOWNTIME, LOSS OR DAMAGE TO YOUR COMPUTER, HARDWARE, SOFTWARE, OR OTHER PROPERTY RESULTING IN ANY WAY FROM OR ASSOCIATED WITH YOUR ACCESS TO OR USE OF, OR INABILITY TO USE OR ACCESS, THE TMR SITES.
IN RESPECT OF ANY CONDITIONS, WARRANTEES OR GUARANTEES THAT CANNOT BE EXCLUDED UNDER STATUTE, TO THE EXTENT PERMITTED BY LAW, THE LIABILITY OF TMR AND ITS AFFILIATES IS LIMITED (AT TMR'S OPTION) TO THE REPLACEMENT, REPAIR OR RESUPPLY OF THE RELEVANT GOODS OR THE RESUPPLY OR REFUND OF THE COST OF RELEVANT SERVICES.
- Intellectual Property
The TMR Sites, including the design of the TMR Sites and Content, are the property of TMR, and/or to a service provider or other third parties and are protected by copyright and other domestic and international intellectual property laws. You are only permitted to view and download the Content for your personal or internal use (but not for any other use or purpose), provided that you retain, on any copies of the Content, all copyright and other proprietary notices contained on the original Content. Except for the limited permission granted in the preceding sentence, you are not permitted to and will not use, copy, reproduce, modify, adapt, display, perform, publish, create derivative works from, store, sublicense, translate, transfer, sell, rent, or reverse engineer, decompile or disassemble (except to the extent prohibitions on reverse engineering, decompilation and disassembly are not permitted under applicable law) or otherwise exploit the TMR Sites or the Content, in any way without the explicit prior written consent of TMR. You acknowledge and agree that any unauthorized downloading, re-transmission or other copying or modification of Content, or trade names, trademarks, service marks, logos or domain names associated with the TMR Sites, is a violation of applicable laws and regulations and could subject you to legal action.
- Communication Using the TMR Sites
The TMR Sites may, now or in the future, contain functionality or features that permit submissions to TMR. Any suggestion, material, information or idea or intellectual property communicated by you to TMR through a TMR Site or posted on a TMR Site (a "submission") will be considered non-confidential and non-proprietary, unless and to the extent that TMR specifically agrees in writing to separate terms and conditions at the time of the submission. Each submission will become the property of TMR upon communication to TMR. If for any reason the preceding sentence does not result in TMR owning any of the submissions, you shall and hereby do grant to TMR, its affiliates, subsidiaries, related companies and any of their respective designees the irrevocable, perpetual, unlimited, world-wide, paid-up and royalty free right and license to share, reproduce, publish and otherwise use and otherwise exploit your submission for any purpose whatsoever. You agree not to assert any ownership right of any kind and you waive the right to receive any financial or other consideration in connection with any material, information or idea submitted. You represent, warrant and covenant to TMR that you have the right to communicate to TMR or post on the TMR Sites each submission, without the consent of any third party. However, if and to the extent that any of the information submitted constitutes personal data, you agree that your personal data will be treated as set forth in TMR's Privacy Statement. You are prohibited from posting or transmitting any unlawful, threatening, obscene, libelous or otherwise offensive material on the TMR Sites and TMR may in its absolute discretion and without having liability remove from the TMR Sites any such material. To the extent permissible under applicable law, you consent to TMR and its affiliates performing any acts or omissions in relation to your submissions and associated materials that may be inconsistent with any moral rights or other rights with respect to attribution of authorship or integrity of materials regarding each submission.
- Severability; Waiver
- Links to Third Party Sites
The TMR Sites and/or Content may contain links to websites made available or operated by persons or entities other than TMR. Such links are provided for your reference and convenience only. The other websites and the information of other such websites, services, goods or advertisements that may be linked to the TMR Sites are not maintained, controlled or endorsed by TMR. TMR does not endorse or accept any responsibility for their information or operation nor does TMR approve of such information or the use thereof. TMR is in no way responsible for examining or evaluating such websites, services goods or advertisements, and TMR makes no representations or warranties expressed or implied, concerning the content, accuracy, truthfulness, completeness, usefulness, timeliness, availability or legality of such websites, or the functionality of the links themselves. You should carefully review the terms and conditions and privacy policies of all websites that you visit. You agree not to hold TMR or its affiliates responsible for any loss or damage caused by the use of or reliance upon any other websites to which you might link from the TMR Sites.
- Remedies for Misuse
- Applicable Law and Jurisdiction