This website is maintained by TMS Re., Inc. on behalf of itself and its affiliates (which are sometimes collectively referred to as the "TMS Re., Inc.", "Company," "we" or "us"), for use by the insurance, reinsurance and investment communities, as well as individuals interested in insurance information (collectively referred to as " user", "you" or "your"). Portions of this site may be unique to one or more of TMS Re., Inc. affiliates.
I. ACCEPTANCE OF TERMS
Your access and use of this website are subject to the following terms and conditions and all applicable laws and regulations. Please read these terms carefully. If you do not agree with all of these Terms and Conditions, do not access or otherwise use this website or any information contained on the website.
II. COPYRIGHT AND OTHER INTELLECTUAL PROPERTY RIGHTS
Unless otherwise noted, all materials, including images, designs, information and other material on this website or any other website maintained by us, are copyrights, trademarks, trade dress and/or other intellectual properties owned or licensed by us. No material from this website or from any other website maintained by us may be copied, republished, uploaded, posted, transmitted, modified, distributed or publicly displayed, other than for your own non-commercial use, except as expressly permitted by prior written consent of TMS Re., Inc.
You may not remove, alter, or block any copyright or other proprietary notice on this website or any other website maintained by us.
TMS Re., Inc. and the other TMS Re., Inc. affiliates and services referenced herein are either service marks or registered service marks of TMS Re., Inc. or its affiliates. All trademarks and service marks appearing on this website are the property of their respective owners.
The Company does not share with any non-affiliated person or entity any information provided by a user of this website unless otherwise permitted by law. However, any communications and material you send to this site or to TMS Re., Inc. by Internet electronic mail are on a non-confidential basis.
IV. PASSWORD/ACCOUNT PROTECTION AND USE
If applicable, you will receive a password to access certain restricted website areas and/or Company applications, which may be governed by separate terms and conditions. Subject to any separate agreements between you and the Company, you may provide a password only to persons who you obligate to comply with these Terms and Conditions. If you receive multiple passwords, you are responsible for assigning them to persons for whom you are responsible and are responsible for terminating their passwords and account designations when you no longer retain responsibility for their use of the password and account designation you assigned to them. You are responsible for maintaining the confidentiality of your password and account and are fully responsible for all activities using your password or account. You agree to (a) immediately notify us of any unauthorized use of your password or your account or any other breach of security, and (b) exit from your account at the end of each session. We cannot and will not be liable for any loss or damage arising from your failure to comply with this Section.
Even if your use of this website does not require a password, you agree to obligate your employees, agents and others in your control to abide by these Terms and Conditions and you agree to be responsible for their compliance with these Terms and Conditions.
V. LINKS TO THIRD PARTY WEBSITES
We may provide, or third parties may provide, links to other websites or resources. Because we have no control over such websites and resources, you agree that we are not responsible for the availability of such external sites or resources, and we do not endorse and are not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, products or other materials on or available from any such website or resource.
VI. NO WARRANTIES - THIS WEBSITE IS PROVIDED "AS-IS"
THE MATERIALS IN THIS WEBSITE ARE PROVIDED "AS-IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.
Information contained on this website has been prepared as a convenience to its users and is not intended to constitute advice upon which a user may rely. We have used reasonable efforts in collecting, preparing and providing information and material, but make no warranty or guarantee about the accuracy, completeness, or adequacy of the information contained in or linked to this website or any other website maintained by us. Users relying on information from this website do so at their own risk.
VII. SAFE HARBOR
The information contained in this web site has been prepared as a convenience to the users of this web site and is not intended to constitute any advice or recommendation upon which a user may rely. All statements made in this website that are not purely historical may be deemed to be forward-looking statements. Such statements, including in particular those related to future performance of a company, are subject to various risks and uncertainties, including but not limited to, the impact of competition, product demand, insurance and reinsurance pricing, trends in paid and incurred losses, catastrophes, interest rates and other risks detailed from time to time in the Company's filings with the Securities and Exchange Commission. We have used reasonable efforts in collecting, preparing and providing information and material, but make no warranty, representation or guarantee about the accuracy, completeness, or adequacy of the information contained in or linked to this web site or any other web site maintained by us. Users relying on information from this web site do so entirely at their own risk.
Nothing in this web site is intended to provide any investment recommendation, advice or service or constitute an offer to buy or sell any securities or financial instruments.
TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT OR REPRESENT THAT THIS WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS WEBSITE OR ANY OTHER WEBSITE MAINTAINED BY US OR THE SERVER(S) THAT MAKES THE WEBSITES AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE USER (AND NOT US) ASSUMES THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION.
UNDER NO CIRCUMSTANCES, REGARDLESS OF WHETHER BASED ON CONTRACT, TORT OR NEGLIGENCE, OR IN LAW OR IN EQUITY, SHALL WE BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFITS) THAT ARISE OUT OF OR ARE IN CONNECTION WITH ANY ERRORS, INACCURACIES, OMISSIONS, DEFECTS, OR UNTIMELINESS OF ANY CONTENT ON THIS WEBSITE, OR THE USE, INTERRUPTION OF USE, TERMINATION OF USE, OR INABILITY TO USE THIS WEBSITE, THE MATERIALS IN THIS WEBSITE OR ANY OTHER WEBSITE MAINTAINED BY US, OR OTHERWISE RELATING TO THIS WEBSITE, EVEN IF WE OR AN AUTHORIZED REPRESENTATIVE OF US HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
X. CONNECTION REQUIREMENTS
You are responsible for providing and maintaining, at your own option and expense, all hardware, software and communication lines required to access and use this website. We reserve the right to change the configuration at any time, so you are encouraged to review these Terms and Conditions regularly.
XI. ACCEPTABLE USE POLICY
The following are not permitted on this website: Illegal use. Using this website to transmit any material (by email, uploading, posting, or otherwise) that, intentionally or unintentionally, violates any applicable local, state, national or international law, or any rules or regulations promulgated thereunder;
Harm to minors. Using this website to harm, or attempt to harm, minors in any way;
Threats. Using this website to transmit any material (by email, uploading, posting, or otherwise) that threatens or encourages bodily harm or destruction of property;
Harassment. Using this website to transmit any material (by email, uploading, posting, or otherwise) that harasses another;
Fraudulent activity. Using this website to make fraudulent offers to sell or buy products, items, or services or to advance any type of financial scam such as "pyramid schemes," "ponzi schemes," and "chain letters;"
Forgery or impersonation. Adding, removing or modifying identifying network header information in an effort to deceive or mislead, or attempting to impersonate any person by using forged headers or other identifying information;
Unsolicited commercial email/Unsolicited bulk email. Using this website to transmit any unsolicited commercial email or unsolicited bulk email, or facilitating unsolicited commercial email or unsolicited bulk email whether or not that email is commercial in nature;
Unauthorized access. Using this website to access, or to attempt to access, the accounts of others, or to penetrate, or attempt to penetrate, our security measures or another entity's computer software or hardware, electronic communications system, or telecommunications system, whether or not the intrusion results in the corruption or loss of data;
Copyright or trademark infringement. Using this website to transmit any material (by email, uploading, posting, or otherwise) that infringes any copyright, trademark, patent, trade secret, or other proprietary rights of any third party, including, but not limited to, the unauthorized copying of copyrighted material, the digitization and distribution of photographs from magazines, books, or other copyrighted sources, and the unauthorized transmittal of copyrighted software;
Collection of personal data. Using this website to collect, or attempt to collect, personal information about third parties without their knowledge or consent;
Reselling the services. Reselling access, any content or any aspect of this website without our authorization; and
Network disruptions and unfriendly activity. Using this website for any activity which adversely affects the ability of other people or systems to use the website, including "denial of service" attacks against another network host or individual user, interfering with or disrupting other network users, network services or network equipment.
We may take any one or more of the following actions in response to actual or suspected violations above:
issue warnings, written or verbal; suspend posting privileges; suspend or terminate the user's account; charge the user for administrative costs and/or reactivation charges; or bring legal action to enjoin violations and/or to collect damages, if any, caused by violations.
We may cooperate with legal authorities and/or third parties in the investigation of any suspected or alleged crime or civil wrong.
XII. RIGHT TO MONITOR
We neither actively monitor use of this website under normal circumstances, nor exercise editorial control over the content of any third party's website, electronic mail transmission, news group, or other material created or accessible through this website. We, in our sole discretion, reserve the right to remove any materials from this website.
We, in our sole discretion, and without prior notice, may terminate your password, account (or any part thereof), access or use of this website, and remove and discard any content within the website, for any reason, including, without limitation, for lack of use or if we believe that you have violated or acted inconsistently with these Terms and Conditions or the purpose of this website.
XIV. DATA SECURITY
This website has what we believe to be reasonable security measures to protect the loss, misuse, and alteration of the information under our control. While we take steps we believe to be reasonable to protect the integrity and security of our network and systems, we cannot guarantee that our security measures will prevent third-party "hackers" from illegally obtaining this information.
We may not be qualified to offer for sale in all jurisdictions where this website is accessible all of the products and services described in this website.
All rights and remedies hereunder shall be cumulative and may be exercised singularly or concurrently.
This Agreement is governed by Massachusetts law without regard to conflict of law provisions.
The federal and state courts located in Massachusetts alone have jurisdiction over all disputes arising out of or relating to this Agreement and the website. You consent to the personal jurisdiction of such courts sitting in the aforementioned State with respect to such matters or otherwise between you and us, and waive your rights to removal or consent to removal.
Any provision of these Terms and Conditions that by their nature extend beyond the expiration of this agreement shall survive expiration or termination of this agreement and shall remain in effect until all such obligations are fully satisfied.
If any provision of these Terms and Conditions or the application thereof to any party or circumstances shall, to any extent, are found to be unenforceable, the remainder of these Terms and Conditions shall remain valid and enforceable.
Copyright © 2018 TMS Re, Inc., 200 Brickstone Square, Suite 103, Andover, Massachusetts 01810. All rights reserved.