PLEASE READ THESE TERMS AND OF USE (“Terms”)
BEFORE USING THIS SITE.
By accessing or using any part of the web site, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services. The Website is available only to individuals who are at least 18 years old.
User Agreement to Terms and Conditions of Service. You represent that you have read and agree to be bound by the TERMS for holborn.com. You further agree: (i) to comply with U.S. law regarding the transmission of any data obtained from the Website (as defined herein) in accordance with the TERMS; (ii) not to use the Website for illegal purposes; and (iii) not to interfere or disrupt networks connected to the Website.
Responsibility of Contributors. Without limiting any of those representations or warranties, Holborn has the right (though not the obligation) to, in Holborn’s sole discretion (i) refuse or remove any content that, in Holborn’s reasonable opinion, violates any Holborn policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Website to any individual or entity for any reason, in Holborn’s sole discretion. Holborn will have no obligation to provide a refund of any amounts previously paid.
Responsibility of Website Visitors. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Website may contain content containing technical inaccuracies, typographical mistakes, and other errors. Holborn disclaims any responsibility for any harm resulting from the use by visitors of the Website, or from any downloading by those visitors of content there posted.
Restrictions on use. You may not use the Website for any illegal purpose or in any manner inconsistent with the TERMS. You agree to use the Website solely for the use and benefit of your own organization, and not for resale or other transfer to, or use by or for the benefit of, any other person or entity. You agree not to use, transfer, distribute or dispose of any information contained in the Website in any manner that could compete with the business of Holborn.
Content Posted on Other Websites. We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which Holborn.com links, and that link to Holborn.com. Holborn does not have any control over those non-Holborn websites and webpages, and is not responsible for their contents or their use. By linking to a non-Holborn website or webpage, Holborn does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Holborn disclaims any responsibility for any harm resulting from your use of non-Holborn websites and webpages.
Copyright Infringement. As Holborn asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by Holborn.com violates your copyright, you are encouraged to notify Holborn. Holborn will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. Holborn will terminate a visitor’s access to and use of the Website if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of Holborn or others.
Intellectual Property. This Agreement does not transfer from Holborn to you any Holborn or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with Holborn EITS®, Holborn.com, and all other trademarks, service marks, graphics and logos used in connection with Holborn.com, or the Website are trademarks or registered trademarks of Holborn. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any Holborn or third-party trademarks.
Changes. Holborn reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. Holborn may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
Reservation of Rights. All present and future rights in and to trade secrets, patents, copyrights, trade names, trademarks, service marks, databases, know-how and other proprietary rights of any type under the laws of any governmental authority, domestic or foreign, including rights in and to all applications and registrations relating to the Website and its contents (the “IP Rights”) shall, as between you and Holborn, at all times be and remain the sole and exclusive property of Holborn. All present and future rights in and title to the Service (including the right to exploit the Service and any portions of the Service over any present or future technology) are reserved to Holborn.
Termination. Holborn may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your Holborn.com account (if you have one), you may simply discontinue using the Website. All provisions of this Agreement, which by their nature should survive termination, shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Disclaimer of Warranties. The Website is provided “as is”. Holborn and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. All content provided on the Website is based upon information which Holborn believes to be reliable and should be understood to be general reinsurance information only. It is not intended to be taken as advice with respect to any individual situation and cannot be relied upon as such. Consult your reinsurance advisors with respect to individual coverage issues. Neither Holborn nor its suppliers and licensors, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.
Limitation of Liability. In no event will Holborn, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental, punitive or consequential damages; (ii) the cost of procurement or substitute products or services; or (iii) for interruption of use or loss or corruption of data. Holborn shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
Indemnification. You agree to indemnify and hold harmless Holborn, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Website, including but not limited to your violation of this Agreement.
Miscellaneous. This Agreement constitutes the entire agreement between Holborn and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Holborn, or by the posting by Holborn of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website will be governed by the laws of the state of New York, U.S.A., excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in New York County, New York. The parties agree to use the then current rules of the American Arbitration Association or is successor entity. The arbitration shall take place in New York, New York, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; Holborn may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.
Official Correspondence must be sent via postal mail to: Holborn Corporation, 88 Pine Street, 22ndFloor, NY, NY 10005 Attn: CFO