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Revised: Feb 9, 2011
PLEASE READ THESE TERMS AND CONDITIONS OF ACCESS
("TERMS") BEFORE ACCESSING THE MEMORANDUM OF INSURANCE ("MOI"). By
selecting the "I Accept" button below, you signify your acceptance of
the TERMS. From time to time, Marsh Inc. and/or its subsidiaries, as
applicable ("Marsh") may modify the TERMS. Accordingly, please
continue to review the TERMS whenever accessing the MOI. If, at any
time, you do not wish to accept the TERMS, you may not use this Site.
1. User Assent to Terms and Conditions of
Site. You represent that you have read and agree to be bound by the
TERMS. You further agree: (i) to comply with applicable law regarding
the transmission of any data obtained from this Site; and (ii) not to
use this Site for illegal purposes.
2. Intellectual Property. The MOI is
protected by copyrights, trademarks, Service marks and/or other
proprietary rights and laws of the U.S. and other countries. You agree
to abide by all applicable copyright and other laws, as well as any
additional copyright notices or restrictions contained on the Site.
3. Restrictions on Use. You may not use the
Site in any manner inconsistent with the TERMS. You agree to use the
Site 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 may download material from the site and/or
make print copies for use within your organization, provided that all
copies retain all copyright and other proprietary notices, that you do
not modify the MOI or other material in any way, and that you do not
distribute any copies outside your organization. You may not use any
of Marsh's names or marks in any manner that creates the impression
such names or marks belong to or are associated with you or imply any
endorsement by Marsh, and you acknowledge that you have no ownership
rights in and to any of these names or marks. You will not use the
Site, the information contained therein or any of Marsh's names or
marks in unsolicited mailings or spam material. You may not link
directly to the MOI ("deep link") or bring up or present the MOI or
other content of this site within another web site ("frame"), except
with the express prior written consent of Marsh. You may not (i) use
or access the Site in a manner that could damage, disable, overburden,
or impair any Marsh server or the networks connected to any Marsh
server; (ii) interfere with any third party's use and enjoyment of the
Site; (iii) attempt to gain unauthorized access to the Site, accounts,
computer systems, or networks connected to any Marsh server through
hacking, password mining, or any other means; (iv) sublicense any
license granted hereunder (whether or not any of such acts are for
commercial gain or advantage); or (v) access the Site in order to
build a competitive product or service, or copy any features,
functions or graphics of the Site.
4. License. You acquire no rights or
licenses in or to the Site and materials contained therein other than
the limited right to utilize the Site and MOI in accordance with the
TERMS.
5. Rights Reserved. All present and future
rights in and title to the Site (including the right to exploit the
Site and any portions of the Site over any present or future
technology) are reserved to Marsh.
6. Disclaimer and Limitation of Liability.
You agree that your use of the Site is at your sole risk and
acknowledge that the Site and anything contained therein, including,
but not limited to the MOI are provided "AS IS" and that Marsh makes
no warranty or representation of any kind, express or implied,
including, but not limited to, merchantability, or fitness for a
particular purpose or use. Marsh does not warrant that the Site is
compatible with your equipment.
7. Limitation of Liability. MARSH SHALL NOT
BE LIABLE TO YOU OR ANY THIRD PARTY FOR DIRECT, INDIRECT, INCIDENTAL,
CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES EVEN IF AN
AUTHORIZED REPRESENTATIVE OF MARSH HAS BEEN ADVISED SPECIFICALLY OF
THE POSSIBILITY OF SUCH DAMAGES, ARISING FROM USE OF OR INABILITY TO
USE THE SITE OR ANY ITEMS ON THE SITE OR ANY PROVISION OF THE TERMS.
(Applicable law may not allow the limitation or exclusion of liability
or incidental or consequential damages.)
8. Representations and Warranties. You
represent, warrant and covenant that you: (i) have the power and
authority to enter into this agreement; and (ii) shall use the Site
only as set forth in these TERMS.
9. Indemnification. You agree to indemnify,
defend and hold harmless Marsh and its employees, representatives, and
agents, against any claim, suit, action or other proceeding, to the
extent based on or arising in connection with your use of the Site,
including, but not limited to: (i) your use or someone using your
computer's use of the Site; (ii) a violation of the TERMS by you or
anyone using your computer; (iii) any deletions, additions, insertions
or alterations to, or any unauthorized use of, the MOI or the Site by
you or someone using your computer; or (iv) any misrepresentation or
breach of representation, warranty or covenant made by you contained
herein. You agree to pay any and all costs, damages and expenses
(including reasonable attorneys' fees) and costs awarded against or
incurred by or in connection with or arising from any such claim,
suit, action or proceeding.
10. Governing Law. These TERMS shall be
governed and construed in accordance with the laws of the State of New
York, without giving effect to conflicts-of-law principles thereof.
11. Access Outside the United States. If
you choose to access the Site from outside the United States, you are
responsible for compliance with foreign and local laws.
12. Sanctions and Export Controls. These
Terms and your use of the Site and materials obtained through the Site
are expressly made subject to any laws, regulations, orders or other
restrictions which may be imposed by the Government of the United
States of America on the transaction of business activities with
certain countries or nationals or residents of certain countries. The
Site and MOIs are not available through Marsh to any Restricted Entity
(as defined below). You represent and warrant that neither you nor
your organization is a Restricted Entity nor are you or your
organization using the Site or MOIs on behalf of or for the benefit of
a Restricted Entity. "Restricted Entity" shall mean any individual or
organization owned or controlled by, or acting as an agent for, any
person or entity with whom a U.S. citizen, national, or company
organized under the laws of or operating in the U.S. is prohibited
from engaging in transactions by U.S. laws, including without
limitation, a person on the Specially Designated Nationals List
published by the U.S. Department of the Treasury's Office of Foreign
Assets Control.
13. Agent For Notice Of Claimed Copyright
Infringement. Marsh respects the intellectual property rights of
authors. To assist copyright owners, Marsh has appointed an agent to
receive notifications of claims or allegations of copyright
infringement regarding materials available or accessible on, through,
or in connection with the Site. Any person authorized to act for a
copyright owner may notify us of such claims by contacting us in
writing at the following address:
General
Counsel, Marsh
Attn:
Copyright Agent
1166
Avenue of Americas
New
York, NY 10036
14. Injunctive Relief. You acknowledge and
agree that any violation of these Terms may result in irreparable
injury and damage to Marsh that may not be adequately compensable in
money damages, and for which Marsh will have no adequate remedy at
law. You, therefore, consent and agree that Marsh may obtain
injunctions, orders, or decrees as may be reasonably necessary to
ensure compliance with these Terms. You hereby waive any requirement
of the posting of a bond that may apply for issuance of any
injunctions, orders, or decrees.
15. Miscellaneous. Marsh may assign our
rights and obligations under this Agreement, without notice, to: (a)
any affiliate of Marsh; or (b) any party or its affiliate acquiring
all or substantially all of the assets or stock by merger or otherwise
of Marsh or any affiliate of Marsh. This Agreement may not be assigned
by you without our prior written consent. Our failure to exercise or
enforce any right or provision of this Agreement shall not constitute
a waiver of such right or provision. If any provision of this
Agreement shall be deemed invalid, void, or for any reason
unenforceable, that provision shall be deemed severable and shall not
affect the validity and enforceability of any remaining provisions.
16. Official Correspondence. Official
Correspondence must be sent via postal mail to: Marsh Inc., 1166
Avenue of the Americas, New York, NY 10036, Attn.: General Counsel.
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