By accessing or using the website of Enstar Group Limited (“Enstar”), located at www.enstargroup.com (the “Site”), you agree to these terms and conditions of website use (the “Terms and Conditions”) as outlined below. Please read the Terms and Conditions carefully before using (including downloading any information from) the Site. Use of the Site indicates that you accept these Terms and Conditions. If you do not agree to these Terms and Conditions, you are not authorized to access or use the Site.
Use of the Site: Enstar provides the materials on the Site as a convenience to users and for informational purposes only. While Enstar endeavors to keep these materials accurate and up-to-date, Enstar does not warrant or represent, either expressly or by implication, that the information contained or referenced herein is accurate or complete and Enstar shall not be liable in any way for possible errors or omissions in the contents hereof. In addition, Enstar reserves the right to alter the content of the Site and the Terms and Conditions in any way, at any time, for any reason, without prior notification, and will not be liable in any way for possible consequences of such changes. Enstar reserves the right to terminate your access to the Site or any portion of the Site without notice in the event that you violate these Terms and Conditions or for any reason whatsoever. Enstar authorizes you to view and download copies of the materials on the Site only for your personal, non-commercial use. You must retain all copyright and other proprietary notices contained in the original materials on any copy of those materials. You may not modify the materials on the Site in any way or reproduce or publicly display, perform or distribute or otherwise use them for any public or commercial purpose. Without the prior permission of Enstar, you may not use these materials on any other website or networked computer environment.
Intellectual Property: All materials contained in the Site, including text, graphics, logos, icons and images, are protected by law, including but not limited to, United States copyright and trademark laws, as well as other state, national and international laws and regulations. Except as indicated, the entire content of the Site is © 2010 Enstar Group Limited, and any commercial use requires express written permission from Enstar. Enstar also owns a copyright in the Site as a collective work and/or compilation, and in the selection, coordination, arrangement and organization of Site content. The trademark ENSTAR® and all other marks designating Enstar’s services are proprietary trademarks of Enstar; use or misuse of these trademarks is expressly prohibited and may violate federal and state trademark laws. Please be advised that Enstar enforces its intellectual property rights to the fullest extent of the law.
Submissions by Users: Enstar is pleased to hear from users of its Site and welcomes your feedback and suggestions about how to improve the Site. Enstar must, however, regretfully ask that you do not send any copyrighted or proprietary information. If you send such information, the information will be considered non-confidential and non-proprietary and shall remain the property of Enstar. Other than with respect to information that personally identifies you, Enstar will have no obligations with respect to your submissions and any ideas, suggestions or any other material received through the Site will be deemed to include permission for Enstar to adopt, publish, reproduce, disseminate, transmit, distribute, copy, use or act on such communications without additional approval or consideration, and you hereby waive any claim to the contrary. You must not post or transmit to or from the Site any material that is threatening, libelous, defamatory, pornographic or obscene.
Links to Other Websites: The Site may contain links to websites of third parties. These links are provided solely as a convenience to you. Enstar does not control and is not responsible for any of these third-party sites or their content and, accordingly, Enstar expressly disclaims any responsibility for the content, the accuracy of the information and/or quality of products or services provided by or advertised on these third party sites. Enstar does not endorse these sites or the products or information that may be found there. If you decide to access any of these third-party sites, you do so at your own risk. Enstar’s inclusion of links to any websites does not imply any endorsement of the material on such websites or any association with their operators.
Disclaimer: THE MATERIALS PROVIDED ON THE SITE ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, ENSTAR DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO: (A) ANY WARRANTY FOR CONTENT, INFORMATION, DATA, SERVICES, UNINTERRUPTED ACCESS OR PRODUCTS PROVIDED THROUGH OR IN CONNECTION WITH THE SITE; (B) ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, USEFULNESS OR CONTENT OF INFORMATION, OR SERVICES OFFERED ON OR THROUGH THE SITE; (C) ANY WARRANTIES THAT THE SITE IS FREE OF VIRUSES, WORMS, TROJAN HORSES OR OTHER HARMFUL COMPONENTS; (D) ANY WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THAT THE SITE WILL BE COMPATIBLE WITH YOUR COMPUTER EQUIPMENT; AND (E) ANY WARRANTIES OF NON-INFRINGEMENT.
The materials on the Site may not be accurate or complete and may contain technical inaccuracies or typographical errors. The materials on the Site may be out of date and Enstar makes no commitment to update the Site. Enstar may make changes to the Site at any time without notice. ENSTAR DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR RESULTS OF THE USE OF ANY CONTENT OR INFORMATION AVAILABLE ON OR THAT MAY BE TRANSMITTED THROUGH THE SITE. THE ACCURACY, COMPLETENESS, SEQUENCING OR TIMELINESS OF INFORMATION IS NOT GUARANTEED BY ENSTAR AND INFORMATION IS SUBJECT TO CHANGE.
Indemnity: You agree to defend, indemnify and hold harmless Enstar and its employees, directors, officers, agents, licensors, representatives, contractors, and service providers from and against all liabilities, damages, claims, actions, costs and expenses (including reasonable attorneys’ fees and costs) in connection with or arising from: (a) your use of the Site or (b) any claim by a third party relating to the posting, distribution, modification or alteration by you of any content on the Site. Enstar reserves the right, at its sole option and upon notice to you, to assume the exclusive defense and control of any claim or action subject to indemnification by you, without relieving you of your indemnification obligations under the Terms and Conditions. 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 Enstar of any such claim. You agree to cooperate with Enstar as reasonably required in the defense of any such claims, and you shall not in any circumstance settle any such claim or matter without the written consent of Enstar.
Remedies for Misuse: You agree that any unauthorized use of the Site or its contents may cause Enstar 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 the Terms and Conditions. You further understand that unauthorized use of the Site may expose you to civil and criminal liability and that Enstar may report violations of these Terms and Conditions to and cooperate fully with the appropriate law enforcement authorities concerning any violations hereof.
Licensing and Regulatory Information: Enstar includes insurance and reinsurance companies licensed or otherwise approved or accredited or eligible to transact insurance and/or reinsurance business in various countries and various states of the United States. Certain services that may be described on the Site may not available to all users of the Site due to insurance regulatory restrictions. Companies within Enstar that are not licensed or otherwise authorized to conduct business in certain jurisdictions do not engage in or transact any unauthorized business in those jurisdictions through this Site or otherwise.
Stock Quote Disclaimer: The stock price available on the Site may be delayed and is provided for informational purposes and not for trading. Enstar or its stock information provider shall not be liable for any inaccuracies or delays in the stock quote listed on the Site or for any actions you may take relying on it.
Forward-Looking Statements and Disclaimer: The Site may include certain forward-looking statements within the meaning of the Private Securities Litigation Reform Act of 1995. These statements include statements regarding the intent, belief or current expectations of Enstar and its management team. Prospective investors are cautioned that any such forward-looking statements are not guarantees of future performance and involve risks and uncertainties, and that actual results may differ materially from those projected in the forward-looking statements as a result of various factors. Important risk factors regarding Enstar may be found in Enstar’s most recent Forms 10-K and 10-Q filed with the U.S. Securities and Exchange Commission. Furthermore, Enstar undertakes no obligation to update any written or oral forward-looking statements or publicly announce any updates or revisions to any of the forward-looking statements contained on the Site, to reflect any change in its expectations with regard thereto or any change in events, conditions, circumstances or assumptions underlying such statements, except as required by law.
Applicable Laws: The Terms and Conditions shall be construed and governed in accordance with the law of Bermuda. Enstar makes no representation that materials on the Site are appropriate or available for use in other locations, and access to them from territories where their content is illegal is prohibited. Those who choose to access the Site from other locations do so on their own initiative and are responsible for compliance with applicable local laws. Those who choose to access the Site from other locations do so on their own volition and are responsible for compliance with applicable local laws. In addition, software, information and data (if any) accessed or downloaded from the Site may be subject to United States export control laws.
Severability and Enforcability: If any part of these Terms and Conditions is declared invalid or unenforceable under applicable law, then such provision will be automatically adjusted to the minimum extent necessary to conform to the requirements for validity as declared at such time and, as so adjusted, will be incorporated as a part of these Terms and Conditions as though originally included and the remaining parts will continue to remain in effect. A printed version of these Terms and Conditions and of any notice given in electronic form will be admissible in any proceeding relating to these Terms and Conditions to the same extent as if in writing and signed by each party.