Terms and Conditions
(“Sompo ClientConnect Website”)
These terms and conditions are a legal contract between you (the “User” or “you”) and those writing companies that are now or will in the future be part of the Sompo International group of companies, which includes Endurance American Insurance Company, Endurance Risk Solutions Assurance Co., Endurance Assurance Corporation, Endurance American Specialty Insurance Company, Sompo America Insurance Company and Sompo America Fire & Marine Insurance Company and/or their U.S. insurance affiliates, (“Sompo International”, “we” or “us”) for the use of this Sompo ClientConnect web site available at sompoconnect.com owned by Sompo International (the “Sompo ClientConnect Website” or “Site”). In consideration of User being given access to the Sompo ClientConnect Website, User agrees to be bound by these terms and conditions of use (the “Terms”). By accessing or using the Sompo ClientConnect Website, you are acknowledging that you have read, understand, and agree, without limitation or qualification, to be bound by these Terms. If you do not wish to be bound by these Terms, do not continue to use or access this Sompo ClientConnect Website.
Your check mark below and continued use of this Sompo ClientConnect Website constitutes your binding acceptance of these Terms. Sompo International may, at any time, for any reason and without notice, make changes to (i) the Sompo ClientConnect Website, including its look, format, and content, as well as (ii) the products and/or services as described in Sompo ClientConnect Website. Any modifications will take effect when posted to the Site. By your continuing use of the Sompo ClientConnect Website after changes are posted, you will be deemed to have accepted such changes. Updated versions of these Terms shall supersede any prior version.
1. Product and Service Information
Insurance products described in this Sompo ClientConnect Website are provided solely for general informational purposes. The information and descriptions contained herein are not intended to be complete descriptions of all terms, conditions and exclusions applicable to the products and services offered by Sompo International. The precise coverage afforded is subject to the terms, conditions and exclusions in the actual policies as issued. Products and services described herein may vary from state to state and may not be available in all states.
The material contained on this Sompo ClientConnect Website is not intended to be a solicitation or an offer to sell any insurance policy or contract, product or service, nor is the material a complete description of all the terms, conditions and exclusions applicable to any insurance policy or contract, product or service described. Any business to be underwritten is also subject to applicable Sompo International underwriting guidelines and procedures that you agree to follow.
2. Accuracy of Information
Sompo International attempts to be as accurate as possible when providing you with information about us on the Sompo ClientConnect Website; however, to the extent permitted by applicable law, Sompo International does not warrant that the content available on the Sompo ClientConnect Website is accurate, complete, reliable, current, or error-free.
We make no commitment, and disclaim any duty, to update any of the material on the Sompo ClientConnect Website. We do not warrant the accuracy or completeness of the materials or the reliability of any advice, opinion, statement or other information displayed or distributed through the Sompo ClientConnect Website. You acknowledge that any reliance on any such opinion, advice, statement, memorandum, report or information shall be at your sole risk. We reserve the right to add, modify, correct or delete any information from the Sompo ClientConnect Website at any time without any notice.
THE SOMPO CLIENTCONNECT WEBSITE AND THE MATERIAL ON AND MADE AVAILABLE THROUGH THE SOMPO CLIENTCONNECT WEBSITE, AND THE SERVICES AND PRODUCTS OFFERED IN CONNECTION WITH THIS SITE, INCLUDING ANY SOFTWARE, ARE MADE AVAILABLE ON AN “AS IS” AND “AS AVAILABLE” BASIS ONLY. USE OF THE SOMPO CLIENTCONNECT WEBSITE IS ENTIRELY AT YOUR OWN RISK. SOMPO INTERNATIONAL MAKES NO REPRESENTATIONS OR WARRANTIES, AND HEREBY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, WITH RESPECT TO THE SOMPO CLIENTCONNECT WEBSITE AND THE WEBSITE MATERIAL ON AND MADE AVAILABLE THROUGH THE SOMPO CLIENTCONNECT WEBSITE, AND THE SERVICES AND PRODUCTS OFFERED IN CONNECTION WITH THE SOMPO CLIENTCONNECT WEBSITE, EXPRESS AND IMPLIED, WRITTEN AND ORAL, ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, AND OTHERWISE, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, TITLE, QUALITY, SYSTEMS INTEGRATION, AND NON-INFRINGEMENT, INCLUDING THAT THE SOMPO CLIENTCONNECT WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, THAT THE SOMPO CLIENTCONNECT WEBSITE OR ITS SERVER(S) IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, THAT THE SOMPO CLIENTCONNECT WEBSITE, INCLUDING THE SERVICES WILL BE AVAILABLE, OR THAT CONTENT CREATED ON THE SOMPO CLIENTCONNECT WEBSITE IS SECURE FROM UNAUTHORIZED ACCESS. ANY AND ALL INFORMATION PROVIDED BY SOMPO INTERNATIONAL OR UNDER OR IN CONNECTION WITH THIS SITE IS PROVIDED WITH ALL FAULTS, AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT IS WITH YOU. SOMPO INTERNATIONAL MAKES NO WARRANTY REGARDING ANY SOFTWARE, GOODS, SERVICES, PROMOTIONS, OR THE DELIVERY OF ANY SOFTWARE, GOODS OR SERVICES, PURCHASED, ACCESSED OR OBTAINED THROUGH OR ADVERTISED THROUGH THE SOMPO CLIENTCONNECT WEBSITE. NO ADVICE OR INFORMATION GIVEN BY SOMPO INTERNATIONAL, ITS EMPLOYEES OR AFFILIATES SHALL CREATE A WARRANTY.
4. Limitation of Liability
UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, SHALL SOMPO INTERNATIONAL BE LIABLE FOR ANY DAMAGES, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR ANY OTHER TYPE OF DAMAGES, INCLUDING PUNITIVE OR EXEMPLARY DAMAGES RESULTING FROM OR IN ANY WAY RELATED TO THE Sompo ClientConnect WEBSITE, REGARDLESS OF THE FORM OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EVEN IF SOMPO INTERNATIONAL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. UNDER NO CIRCUMSTANCES WILL THE TOTAL LIABILITY OF SOMPO INTERNATIONAL TO YOU OR ANY OTHER PERSON OR ENTITY IN CONNECTION WITH, BASED UPON, OR ARISING FROM THE SITE, THE MATERIALS ON, IN AND MADE AVAILABLE THROUGH THE SITE, OR THE SERVICES, PRODUCTS, DATA OR OTHER MATERIALS OFFERED IN CONNECTION THEREWITH EXCEED THE PRICE PAID BY YOU DURING THE PRECEDING YEAR FOR USE OF THE SITE AND THE SERVICES AND PRODUCTS. SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IF ANY PART OF THIS LIMITATION ON LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE TOTAL LIABILITY OF SOMPO INTERNATIONAL SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100). THE USER'S SOLE REMEDY FOR DISSATISFACTION WITH THE SOMPO CLIENTCONNECT WEBSITE IS TO STOP USING THE SOMPO CLIENTCONNECT WEBSITE. YOU AGREE THAT SOMPO INTERNATIONAL OR ITS AFFILIATES WILL NOT BE RESPONSIBLE OR LIABLE, UNDER ANY CIRCUMSTANCES, FOR ANY (a) INTERRUPTION OF BUSINESS; (b) ACCESS DELAYS OR ACCESS INTERRUPTIONS TO THE SOMPO CLIENTCONNECT WEBSITE; (c) DATA NON-DELIVERY, MISDELIVERY, CORRUPTION, DESTRUCTION OR OTHER MODIFICATION; (d) LOSS OR DAMAGES OF ANY SORT INCURRED AS A RESULT OF DEALINGS WITH OR THE PRESENCE OF OFF-CLIENTCONNECT WEBSITE LINKS ON THE SOMPO CLIENTCONNECT WEBSITE; (e) COMPUTER VIRUSES, SYSTEM FAILURE OR MALFUNCTION WHICH MAY OCCUR IN CONNECTION WITH YOUR USE OF THE SOMPO CLIENTCONNECT WEBSITE, INCLUDING DURING HYPERLINK TO OR FROM THIRD PARTY SITES; OR (f) EVENTS BEYOND SOMPO INTERNATIONAL'S REASONABLE CONTROL.
You shall indemnify Sompo International and its directors, officers, employees, agents, and contractors (“Sompo International Indemnitees”) against all claims, actions, suits, and other proceedings (“Claims”) arising out of or incurred in connection with the Sompo ClientConnect Website and your use of the Sompo ClientConnect Website, or any services, product or data obtained through the Sompo ClientConnect Website, your fraud, violation of law, negligence, willful misconduct, or any other use of the Sompo ClientConnect Website, the services, products, information and other materials on, in and made available through the Sompo ClientConnect Website, except to the extent attributable to Sompo International, or any breach by you of these Terms and shall indemnify and hold Sompo International Indemnitees harmless from and against all judgments, losses, liabilities, damages, costs, and expenses (including reasonable attorneys’ fees and attorneys’ disbursements) arising out of or incurred in connection with such Claims. You may not settle any Claim without the prior written consent of Sompo International. Sompo International may assume the defense of any Claim, at its sole cost and expense, and you shall cooperate in all reasonable respects in such defense. You shall have the right to employ separate counsel in any Claim and to participate in the defense thereof. If Sompo International does not notify you that it elects to undertake the defense thereof, you shall have the right to defend the Claim with counsel reasonably acceptable to Sompo International, subject to the right of Sompo International to assume, at their sole cost and expense, the defense of any Claim at any time prior to the settlement or final determination thereof.
6. Passwords and Security
Certain areas of this Sompo ClientConnect Website may be accessible only through the use of user identification and passwords. If you have assigned or selected user identification and passwords for access to these restricted areas, you are responsible for maintaining the security and confidentiality of that information and all information obtained through access to these restricted areas. You are responsible for all activities undertaken under your identification and passwords. You may not allow any other person to use your identification or passwords. Your right to use the Sompo ClientConnect Website or to designate users of the Sompo ClientConnect Website within your company is not transferable to another corporate entity unless agreed in writing by Sompo International. You agree to immediately notify Sompo International if you become aware of any loss, theft or unauthorized use of any identifications or passwords. Sompo International shall not be liable for any misuse of your identifications or passwords. You shall promptly revoke any identifications or passwords of any employee who is no longer employed by you and notify us of same.
7. Confidentiality, Data Protection and Privacy
By accessing the Sompo ClientConnect Website, you agree without any limitation or qualification that Sompo International has the right to monitor Sompo International's Internet services electronically from time to time and your access thereto and use thereof, and to disclose any information as necessary to satisfy any law, regulation or governmental request or to protect itself.
To the extent there is any personally identifiable information or Sompo International’s confidential or proprietary information on the Sompo ClientConnect Website, it is agreed that any access to such personally identifiable information about an individual or Sompo International’s confidential or proprietary information is given solely for any ordinary or appropriate insurance-related purposes, including, by way of example and not as a limitation, claims administration and/or management, case management, policyholder services, loss control, risk management or fraud detection, investigation, prevention or reporting. You agree to hold in strict confidence personally identifiable information or Sompo International’s confidential or proprietary information obtained from Sompo ClientConnect Website and that you shall not use or disclose such information to any person or entity at any time for any purpose, except to those individuals that have a good faith basis to receive such information for such ordinary or appropriate insurance-related purposes. Upon any termination of this Agreement or upon the request of Sompo International at any time, you will deliver to Sompo International, or at Sompo International’s option will certify the destruction of, all memoranda, notes, records, reports, media, and other documents, and all copies thereof, regarding or including any such personally identifiable information or Sompo International’s confidential or proprietary information which you may then possess or have under your control. You shall establish and maintain appropriate administrative, technical and physical safeguards to ensure the security and confidentiality of all personally identifiable information or Sompo International’s confidential or proprietary information received from Sompo ClientConnect Website.
8. Limitation of Liability for Links to Third Parties
The Sompo ClientConnect Website may provide links to certain web sites sponsored and maintained by third parties. Such web sites are publicly available and Sompo International is providing access to such web sites through this Sompo ClientConnect Website solely as a convenience to its Users. The content of other web sites, services, goods or advertisements that may be linked to this Sompo ClientConnect Website is not maintained, controlled or endorsed by Sompo International. We are in no way responsible for examining or evaluating such web sites, services goods or advertisements, and Sompo International makes no representations or warranties expressed or implied, concerning the content, accuracy, completeness, usefulness, availability or legality of such web sites, or the functionality of the links themselves. You should carefully review the terms and conditions and privacy policies of all web sites that you visit.
9. Intellectual Property
All content available on the Sompo ClientConnect Website, including, but not limited to, text, graphics, logos, button icons, images, audio clips, data compilations, and software, and the compilation thereof (the “Content”) is the property of Sompo International, our affiliates, our partners or our licensors, and is protected by copyright laws.
The trademarks, logos, and service marks displayed on the Sompo ClientConnect Website (collectively, the “Trademarks”) are the registered and unregistered marks of Sompo International, our affiliates, our licensors or our partners. All Trademarks not owned by us, our affiliates or our partners that appear on the Sompo ClientConnect Website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by us.
Except as set forth in the limited license in Section 10 below, or as required under applicable law, neither the Content, the Trademarks, nor any other portion of the Sompo ClientConnect Website may be used, reproduced, duplicated, copied, sold, resold, accessed, modified, or otherwise exploited, in full or in part, for any purpose without our prior written consent.
10. Unauthorized Activity
We grant you a limited, revocable, and non-exclusive license to access and make personal use of the Sompo ClientConnect Website. Please note that you may not frame or utilize framing techniques to enclose the Sompo ClientConnect Website or any portion thereof without our prior written consent. You agree that you will not use the Sompo ClientConnect Website for (a) any illegal or unauthorized purposes that violate any local, national, or international laws (including but not limited to import, export, copyright, and trademark laws); (b) modifying, copying, distributing, displaying, performing, reproducing, publishing, licensing, creating derivative works from, transferring, selling any of the material on the Sompo ClientConnect Website, unless otherwise authorized by these Terms or in a separate written agreement with Sompo International; (c) attempting to gain unauthorized access to Sompo International’s computer system or engaging in any activity that interferes with the performance of, or impairs the functionality of the Sompo ClientConnect Website or any services provided through the Sompo ClientConnect Website; (d) any resale or commercial or institutional purposes, including use of the Sompo ClientConnect Website to further the purposes of any library, corporation, governmental entity, or any other institution or entity; (e) any downloading or copying of the Sompo ClientConnect Website for any reason other than your personal use, or any use of data mining, robots or similar data gathering and extraction tools; (f) using the Sompo ClientConnect Website to access or collect any personally identifiable information, including any names, email addresses or other such information for any purpose, including, without limitation, commercial purposes; or (g) removing, circumventing, disabling, damaging or otherwise interfering in any way with any security-related features of the Sompo ClientConnect Website aimed at preventing or restricting the unauthorized use of the Sompo ClientConnect Website or any of the materials on the Site. Sompo International may monitor whether your account is being accessed concurrently through multiple devices. Without limiting anything else herein, if Sompo International discovers concurrent access to the Sompo ClientConnect Website through your account, Sompo International may, in its sole discretion, suspend or terminate your account and/or your ability to use the Sompo ClientConnect Website. You may use the Sompo ClientConnect Website solely for your personal use in a manner consistent with these Terms, and such rights may not be transferred or assigned to any other person or entity. Any other use of the Sompo ClientConnect Website, including but not limited to the aforementioned unauthorized uses, without prior written permission of Sompo International is strictly prohibited. Any unauthorized use by you of the Sompo ClientConnect Website terminates the limited license set forth in this Section 10 without prejudice to any other remedy provided by applicable law. You acknowledge and agree that the unauthorized use of the Sompo ClientConnect Website could cause irreparable harm to Sompo International and that in the event of such unauthorized use, Sompo International shall be entitled to an injunction in addition to any other remedies available at law or equity.
11. Amendment of Terms
Sompo International reserves the right to amend these Terms at any time. Sompo International will notify User of any such changes to these Terms by posting the revised Terms on the Sompo ClientConnect Website. Unless otherwise specified, such changes shall be effective upon posting. Users are responsible for monitoring these Terms for changes. User's continued use of the Sompo ClientConnect Website constitutes User's agreement to be bound by such changes to these Terms. We may, with or without prior notice, terminate any of the rights granted by these Terms. You shall comply immediately with any termination or other notice, including, as applicable, by ceasing all use of the Sompo ClientConnect Website.
By virtue of maintaining this Sompo ClientConnect Website, Sompo International shall not be construed to be doing or transacting business or otherwise be subject to the jurisdiction of any governmental authority in which the user, or this Site or any linked site server or Internet provider is resident, domiciled or located. These Terms are governed by the substantive laws of Delaware without respect to its conflict of laws principles. If any provision of these Terms are found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect. No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term. Except as expressly provided in material on a particular page of this Sompo ClientConnect Website, these Terms constitute the entire Agreement between you and Sompo International with respect to use of this Sompo ClientConnect Website.
You acknowledge and agree that these Terms constitute the complete and exclusive agreement between us concerning your use of the Sompo ClientConnect Website, and supersede and govern all prior proposals, agreements, or other communications.
Nothing contained in these Terms shall be construed as creating any agency, partnership, or other form of joint enterprise between us. Sompo International's failure to require your performance of any provision hereof shall not affect the full right to require such performance at any time thereafter, nor shall our waiver of a breach of any provision hereof be taken or held to be a waiver of the provision itself. In the event that any provision of these Terms shall be unenforceable or invalid under any applicable law or be so held by any applicable court decision, such unenforceability or invalidity shall not render these Terms unenforceable or invalid as a whole. We will amend or replace such provision with one that is valid and enforceable and which achieves, to the extent possible, our original objectives and intent as reflected in the original provision.
If you have any questions regarding these Terms, please contact SompoConnect-Legal@sompo-intl.com.