TERMS OF USE


 

By accessing this website you agree to be bound by the terms and conditions set forth below.

1. No Warranty or Representation.
While Zephyr Insurance, Inc. uses reasonable efforts to include accurate and up-to-date information on the Site, your use and browsing of the Site is at your risk. Nothing in the Site, including product or service information, shall add to or change any contract terms and conditions for products or services you may have with Zephyr Insurance, its suppliers or affiliates. Neither Zephyr Insurance, its partners, suppliers, affiliates, nor any other party involved in creating, producing, or delivering the Site is liable for any direct, indirect, incidental, special, consequential, punitive or other damages whatsoever, including business interruption, loss of use, data, information, profits (regardless of the form of action, including but not limited to contract, negligence or other tortuous act) arising out of or in connection with your access or use of the Site even if Zephyr Insurance has been advised of or foresees the possibility of any damages occurring. Without limiting the foregoing, everything on the Site is provided to you “AS IS” WITHOUT REPRESENTATION, WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS, IMPLIED, OR STATUTORY INCLUDING, BUT NOT LIMITED TO, IMPLIED REPRESENTATIONS, WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OR INTER-OPERABILITY OF PRODUCTS OR SERVICES. Changes or updates to the contents of this Site may occur without notice.

2. Use of Information.
You hereby agree that you shall not use any information contained in this Site or the links on this Site in any claim, proceeding, suit or action against Zephyr Insurance, its suppliers or affiliates. You may not post, publish, reproduce, transmit or otherwise distribute information or material on the Site, (a) for the purpose of encouraging or comprising or conduct that would constitute a criminal offence or give rise to civil liability; (b) which is protected by copyright, or other intellectual property right or derivative works thereof, without obtaining the written permission of the copyright holder; (c) or otherwise use this Site in a manner contrary to law or which would adversely impact use of the Site or the Internet by other users, including the posting or transmitting of information or software containing viruses or other disruptive components.

3. Linkage.
This Site may contain links to other websites that are not under the control of Zephyr Insurance and Zephyr Insurance is not responsible for and makes no representations or warranties concerning the contents of any linked website or any link contained in a linked website. It is your responsibility to verify any information contained within the links before relying on it. The information contained in the links may be changed or updated at any time without notice. Zephyr Insurance provides links to you only as a convenience and the inclusion of any link does not imply endorsement, investigation or verification by Zephyr Insurance of the linked Site. Your use of the linked websites may be subject to terms and conditions contained in these websites, which you should locate and review.

4. Monitoring.
Zephyr Insurance is under no obligation to monitor the Site and assumes no responsibility or liability should its content be modified or altered in any way without Zephyr Insurance’s consent.

5. Revisions.
Zephyr Insurance may at any time revise these Terms of Use by updating this posting. You should therefore review these Terms of Use each time you access the Site.

6. Product Descriptions.
Zephyr Insurance attempts to be as accurate as possible, however, Zephyr Insurance does not warrant that product descriptions or other content of this Site is accurate, complete, reliable, current or error-free. Price and availability information is subject to change without notice.

7. Copyright and Trademarks Policies.
These materials are provided by Zephyr Insurance as a service to our customers and may be used for informational purposes only. Neither the whole nor any part of this work may be copied, scanned, reproduced or transmitted, in any form or by any means without the prior written permission of Zephyr Insurance. You should assume everything you see or read on this Site is copyrighted unless otherwise noted. You are free to use the content for non-commercial purposes, provided you do not modify it and provided you retain all copyrights and other proprietary notices contained in the content. You require our written consent to copy or display any portion of the content for redistribution to third parties or for commercial purposes. The trademarks, logos, service marks and other names and icons identifying products and services on this Site are owned by or licensed to Zephyr Insurance. Nothing contained on this Site gives you or any other person the right or license to use any trademark displayed on this Site without the express permission of Island Zephyr Insurance.

8. Consent.
You acknowledge that you have read the Zephyr Insurance Privacy Policy and hereby consent to the collection, use and disclosure by Zephyr Insurance and its agents of your personal information (whether previously collected or to be collected) to the extent and for the purposes identified in the Policy.

9. Viruses, etc.
Zephyr Insurance assumes no responsibility and shall not be liable for any damages caused by any virus that may infect your computer equipment or other property on account of your access to, use of, or browsing in the Site or your downloading of any materials, data, text or images from the Site.

10. Right of Indemnification.
You agree to defend, indemnify and hold Zephyr Insurance, its suppliers, partners, affiliates and related companies harmless from any and all liabilities, costs and expenses, including reasonable attorney costs and fees related to any violation of these Terms of Use, or in connection with your use of the Site, including your placement or transmission of any message or information on the Site.

11. Waiver.
Zephyr Insurance’s failure to insist upon or enforce strict performance of any provision of these Terms of Use shall not be construed as a waiver of any provision or rights contained in these Terms of Use.

12. Governing Laws.
By visiting the Site, you agree that these Terms of Use shall be governed by the laws of the State of Hawaii and the U.S.A. applicable therein and you agree to be bound by the laws of these jurisdictions.

13. No Solicitation.
The Site and the information contained herein do not constitute an offer or a solicitation of an offer for the purchase or sale of any securities.