Terms and Conditions
TE Capital Partners – Terms and Conditions of Use
YOUR ACCESS AND USE OF THIS WEBSITE IS SUBJECT TO THE FOLLOWING TERMS AND CONDITIONS AND ALL APPLICABLE LAWS AND REGULATIONS. IF YOU DO NOT AGREE TO ALL OF THESE TERMS AND CONDITIONS, DO NOT ACCESS OR OTHERWISE USE THE WEBSITE OR ANY INFORMATION CONTAINED ON THIS WEBSITE. THESE TERMS AND CONDITIONS OF USE MAY BE REVISED PERIODICALLY AT ANY TIME WITHOUT NOTICE TO YOU. IT IS YOUR RESPONSIBILITY TO VISIT THIS WEBSITE FREQUENTLY TO REVIEW CAREFULLY THE CURRENT TERMS AND CONDITIONS OF USE WHICH GOVERN YOUR CONTINUED USE OF THIS WEBSITE. EACH AND EVERY TIME YOU ACCESS THIS WEBSITE YOU SHALL BE DEEMED TO HAVE AGREED TO THE THEN CURRENT TERMS AND CONDITIONS OF USE. AS A CONDITION OF YOUR USE OF THIS WEBSITE, YOU WARRANT THAT YOU WILL NOT USE THIS WEBSITE FOR ANY PURPOSE THAT IS UNLAWFUL OR PROHIBITED BY THESE TERMS AND CONDITIONS OF USE.
Non-Solicitation, Licensing and Regulatory Issues.
This Website is provided for information purposes only. The information on this Website is not an offer to sell or a solicitation to buy any security. No security is offered or will be sold in any jurisdiction in which such offer or solicitation would be unlawful under the laws of such jurisdiction. This Website and its content is directed at persons having professional experience in the matters to which it relates and any investments or investment activity to which it relates are available only to such persons or will be engaged in only with such persons. It is not intended to and does not constitute any communication, invitation or inducement to persons not having professional expertise in matters relating to investments or other business products or services that are the subject matter of this Website.
The Privacy Statement of TE Capital Partners and its Subsidiaries applies to use of this Website, and its terms are made a part of these Terms and Conditions of Use by this reference. To view the Privacy Statement of each of TE Capital Partners and its Subsidiaries, click here. Additionally, by using this Website, you acknowledge and agree that Internet transmissions are never completely private or secure. You understand that any message or information you send to this Website may be read or intercepted by others, even if there is a special notice that a particular transmission (for example, credit card information) is encrypted.
3. Intellectual Property.
The design of this Website and its content are the property of TE Capital Partners or its Subsidiaries and are protected by copyright and other intellectual property laws. TE Capital Partners and its Subsidiaries hereby authorize you to view and download the content portion of this Website only for your personal use, provided that you retain, on any copies of the materials, all copyright and other proprietary notices contained on the original materials. You may not otherwise copy, reproduce, modify, adapt, display, perform, publish, create derivative works from, store, sublicense, translate, sell, rent, reverse engineer, decompile, disassemble, or otherwise exploit this Website or its content. The display of any trade names, trademarks, service marks, logos, or domain names on this Website does not imply that a license of any kind has been granted with respect to such trade names, trademarks, service marks, logos, or domain names. Any unauthorized downloading, re-transmission or other copying or modification of trade names, trademarks, service marks, logos or domain names may be a violation of trademark laws and could subject you to legal action.
You acknowledge that any software which may be available or provided to you on this Website may contain technology that is subject to strict controls pursuant to export control laws and regulations of the United States of America and other countries and jurisdictions. You hereby agree that you will not transfer or export such software in violation of such applicable export laws and regulations. TE Capital Partners and its Subsidiaries do not authorize the downloading or exportation of any software or technical data from this Website to any jurisdiction prohibited by such export controls laws and regulations.
You should be aware that the Internet is not secure. If you choose to send any electronic communications by means of this Website, you do so at your own risk. TE Capital Partners and its Subsidiaries do not guarantee that such communications will not be intercepted or changed or that they will reach the intended recipient securely.
YOUR ACCESS TO AND USE OF THIS WEBSITE ARE AT YOUR SOLE RISK. YOU ARE ENTIRELY LIABLE FOR YOUR ACTIVITIES. TE CAPITAL PARTNERS AND ITS SUBSIDIARIES DO NOT WARRANT THE ACCURACY, COMPLETENESS, TIMELINESS OR OTHER CHARACTERISTICS OF ANY CONTENT AVAILABLE ON OR THROUGH THIS WEBSITE. THIS WEBSITE AND THE INFORMATION ON IT ARE PROVIDED “AS IS.” TE CAPITAL PARTNERS AND ITS SUBSIDIARIES MAKE NO REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE NON-INFRINGEMENT. ANY WARRANTIES FOR CONTENT, INFORMATION, DATA, SERVICES, UNINTERRUPTED ACCESS, OR PRODUCTS PROVIDED THROUGH OR IN CONNECTION WITH THIS WEBSITE; ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, USEFULNESS OR CONTENT OF INFORMATION, OR SERVICES OFFERED ON OR THROUGH THIS WEBSITE; AND ANY WARRANTIES THAT THIS WEB SITE IS FREE OF VIRUSES, WORMS, TROJAN HORSES OR OTHER HARMFUL COMPONENTS.
TE CAPITAL PARTNERS AND ITS SUBSIDIARIES SHALL NOT BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY LOSS OR DAMAGE 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 WEBSITE, REGARDLESS OF THE CLAIM AS TO THE NATURE OF THE CAUSE OF ACTION, EVEN IF TE CAPITAL PARTNERS OR ANY OF ITS SUBSIDIARIES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR LOSS.
TE CAPITAL PARTNERS AND ITS SUBSIDIARIES SHALL NOT BE LIABLE UNDER ANY LEGAL THEORY FOR ANY DAMAGES SUFFERED IN CONNECTION WITH USE OF THIS WEBSITE, INCLUDING BUT NOT LIMITED TO ANY LOST PROFITS, LOST SAVINGS OR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES, WHETHER RESULTING FROM IMPAIRED OR LOST DATA, SOFTWARE OR COMPUTER FAILURE OR ANY OTHER CAUSE, BY YOU OR ANY OTHER THIRD PARTY, EVEN IF TE CAPITAL PARTNERS OR ANY OF ITS SUBSIDIARIES HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. YOU HEREBY EXPRESSLY RELEASE TE CAPITAL PARTNERS AND ITS SUBSIDIARIES FROM ANY AND ALL LIABILITY OR RESPONSIBILITY TO ANY DAMAGE CAUSED, DIRECTLY OR INDIRECTLY, TO YOU OR ANY THIRD PARTY AS A RESULT OF THIS WEBSITE, ITS CONTENT INCLUDING ANYTHING DOWNLOADED OR ACCESSED. TE CAPITAL PARTNERS AND ITS SUBSIDIARIES DO NOT REPRESENT OR WARRANT THAT THIS WEBSITE WILL BE AVAILABLE FOR ACCESS ALL THE TIME OR AT ANY TIME ON A CONTINUOUS, UNINTERRUPTED BASIS, AND ARE NOT RESPONSIBLE FOR ANY INCONVENIENCE OR OTHER LOSS THAT YOU MAY SUFFER AS A RESULT. TE CAPITAL PARTNERS AND ITS SUBSIDIARIES ARE NOT RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER, HARDWARE, SOFTWARE, OR OTHER PROPERTY RESULTING IN ANY WAY FROM YOUR USE OF THIS WEBSITE.
6. Cautionary Note Regarding Forward-Looking Statements.
The Private Securities Litigation Reform Act of 1995 (“PSLRA”) provides a “safe harbor” for forward-looking statements. This release or any other written or oral statements made by or on behalf of the Company may include forward-looking statements, which reflect the Company’s current views with respect to future events and financial performance. All statements other than statements of historical fact included in or incorporated by reference in this release are forward-looking statements. Forward-looking statements, for purposes of the PSLRA or otherwise, can generally be identified by the use of forward-looking terminology such as “may,” “will,” “expect,” “intend,” “estimate,” “anticipate,” “believe” or “continue” and similar statements of a future or forward-looking nature or their negative or variations or similar terminology.
Forward-looking statements involve the Company’s current assessment of risks and uncertainties. Actual events and results may differ materially from those expressed or implied in these statements. Important factors that could cause actual events or results to differ materially from those indicated in such statements are discussed below and elsewhere in this release and in the Company’s periodic reports filed with the Securities and Exchange Commission (the “SEC”), and include:
the Company’s ability to successfully implement its business strategy during “soft” as well as “hard” markets;
acceptance of the Company’s business strategy, security and financial condition by rating agencies and regulators, as well as by brokers and its insureds and reinsureds;
the Company’s ability to maintain or improve its ratings, which may be affected by its ability to raise additional equity or debt financings, by ratings agencies’ existing or new policies and practices, as well as other factors described herein;
general economic and market conditions (including inflation, interest rates, foreign currency exchange rates, prevailing credit terms and the depth and duration of a recession) in which the Company operates;
competition, including increased competition, on the basis of pricing, capacity, coverage terms or other factors;
developments in the world’s financial and capital markets and the Company’s access to such markets;
the Company’s ability to successfully enhance, integrate and maintain operating procedures (including information technology) to effectively support its current and new business;
the loss of key personnel;
the integration of businesses the Company has acquired or may acquire into its existing operations;
accuracy of those estimates and judgments utilized in the preparation of the Company’s financial statements, including those related to revenue recognition, insurance and other reserves, investment valuations, intangible assets, bad debts, income taxes, contingencies and litigation;
severity and/or frequency of losses;
acts of terrorism, political unrest and other hostilities or other unforecasted and unpredictable events;
the failure of insurers, managing general agents, third party administrators or others to meet their obligations to the Company;
the Company’s investment performance, including legislative or regulatory developments that may adversely affect the fair value of the Company’s investments;
the impact of the continued weakness of the U.S., European countries and other key economies, projected budget deficits for the U.S., European countries and other governments and the consequences associated with possible additional downgrades of securities of the U.S., European countries and other governments by credit rating agencies, and the resulting effect on the value of investments in the Company’s investment portfolio as well as the uncertainty in the market generally;
changes in accounting principles or policies or in the Company’s application of such accounting principles or policies;
changes in the political environment of certain countries in which the Company operates, underwrites business or invests;
statutory or regulatory developments, including as to tax policy matters and insurance and other regulatory matters and/or changes in regulations or tax laws applicable to the Company, its subsidiaries, brokers or customers; and
All subsequent written and oral forward-looking statements attributable to the Company or persons acting on its behalf are expressly qualified in their entirety by these cautionary statements. The foregoing review of important factors should not be construed as exhaustive and should be read in conjunction with other cautionary statements that are included herein or elsewhere. The Company undertakes no obligation to publicly update or revise any forward-looking statement, whether as a result of new information, future events or otherwise.
You agree to defend, indemnify and hold TE Capital Partners and its Subsidiaries and their employees, agents, officers, directors, contractors, suppliers and other representatives harmless from and against all liabilities, damages, claims, actions, costs and expenses (including reasonable attorneys’ fees) in connection with or arising from your use of this Website. TE Capital Partners and its Subsidiaries may, if necessary, participate in the defense of any claim or action at your expense and any negotiations for settlement. TE Capital Partners and its Subsidiaries reserve the right, on notice to you, to assume exclusive defense and control of any claim or action subject to indemnification by you, without relieving you of your indemnification obligations hereunder. Upon learning of a claim by a third party that your use violates or allegedly violates a third party’s rights, you agree to promptly notify TE Capital Partners of any such claim. You agree to cooperate with us as reasonably required in the defense of any such claims, and you shall not in any event settle any such claim or matter without the written consent of TE Capital Partners.
8. Remedies for Misuse.
You agree that any unauthorized use of this Website or its contents that may cause TE Capital Partners or its Subsidiaries immediate and irreparable harm for which money damages may not constitute an adequate remedy. You further agree that injunctive relief, in addition to any other remedies available, may be warranted in order to enforce these Terms and Conditions of Use. You further understand that unauthorized use of this Website may expose you to civil and criminal liability and that we may report violations of these Terms and Conditions of Use to and cooperate fully with the appropriate law enforcement authorities concerning any violations hereof.
If any provision of these Terms and Conditions of Use is held invalid or unenforceable, that provision will be enforced to the maximum extent permissible, and other provisions shall remain enforceable and in full effect. No failure or delay in enforcing any term, exercising any option or requiring performance shall be a waiver of that or any other right.
10. Links to Third Party Sites.
This Website may contain hyperlinks to websites operated by persons or entities other than TE Capital Partners or its Subsidiaries. Such hyperlinks are provided for your reference and convenience only. Please be aware that TE Capital Partners and its Subsidiaries do not monitor, endorse or accept responsibility for the content on such websites or the operator or operations of such websites. You are solely responsible for determining the extent to which you may use any content at any other web sites to which you might link from this Website. You agree not to hold TE Capital Partners and its Subsidiaries responsible for the content or operation at any other web sites to which you might link from this Website. Selected content on TE Capital Partners' site is provided by a third party. TE Capital Partners has no control over, and takes no responsibility for supplementing, correcting or updating that information. Furthermore, TE Capital Partners makes no warranties or representations of any kind whether with respect to its accuracy, completeness, timeliness or otherwise. TE Capital Partners has no obligation to correct or update that information and shall not be liable for damages of any kind arising out of your access, inability to access or reliance upon the investor information contained in this Website.
You agree that you will not upload to, distribute, or otherwise publish on the Website any slanderous, obscene, libellous, or defamatory material. You are solely responsible for any content you post to this Website and represent and warrant that such content (a) shall not be fraudulent; (b) shall not infringe any third party’s copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (c) shall not violate any law, statute, ordinance or regulation (including without limitation those governing import/export control, consumer protection, unfair competition, anti-discrimination or false advertising); and (d) shall not contain any viruses, Trojan horses, worms, time bombs, cancel bots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information.
12. Terms for RSS Feeds.
Subject to the disclaimers in these Terms and Conditions of Use, you may use the RSS feeds from this Website. Furthermore, the contents of this Website are protected by the relevant copyright laws and international copyright treaties and all title, ownership and intellectual property rights remain the respective property of TE Capital Partners and each of its Subsidiaries with respect to its own Website. We require proper attribution whenever you use contents from this Website on your Website. We may restrict, modify, suspend, or terminate your access to these feeds, in whole or in part, at any time without liability. We reserve the right to ask that you remove contents in your Website that were derived, copied or otherwise adapted from this Website.
13. Applicable Law.
These Terms and Conditions of Use are governed by the laws of Singapore. You hereby consent to the exclusive jurisdiction of the Singapore courts in all disputes arising out of or relating to the use of this Website. Use of this Website is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms and Conditions of Use, including without limitation this paragraph. This does not affect the user’s rights under the mandatory consumer laws of any country.