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Terms of Use Terms of Use
 

Terms of use for X.L. America, Inc. and its direct or indirect subsidiaries, including Global Asset Protection Services, LLC (hereinafter referred to collectively as "XL") Portal and Online Applications

  1. These Terms of Use
    1. In accordance with the following Terms of Use ("Terms of Use"), XL grants to you as an authorized user ("you") of (a) the XL Portal ("Portal"); and (b) XL online e-business applications ("e-business Applications") certain rights (as set out below) and, in return, you agree to perform certain obligations.
    2. Please read these Terms of Use carefully. They are a legal document and, by your continued use of the XL Portal and/or e-business Applications (collectively, "XL Applications"), you agree to be bound by these Terms of Use.
    3. If you do not agree with these Terms of Use and do not wish to be bound by them, please exit all XL Applications and do not use the XL Applications in the future.
    4. By using the Portal, you will gain potential access e-business Applications. Similarly, registration for any e-business Application entitles access to the Portal. If you elect to use any e-business Application you may be asked to sign additional Terms of Use ("e-business Terms of Use") and may be issued with a SecurID token for access. In the event of any conflict or inconsistency between these Terms of Use and any e-business Terms of Use, in respect of the relevant e-business Application, the e-business Terms of Use will take precedence over the Terms of Use.

  2. Licenses to Use Material on XL Applications
    1. XL grants to you a personal, nonexclusive, non-transferable, royalty free license to use all the material in the XL Applications (including but not limited to: software, documentation, text, pictures, sounds, graphics, articles, video or audio clips, and advertising material) ("XL Material") on the basis set out in Clause 2.b.
    2. You are entitled to view, copy, print, access, download and transmit (for the purposes expressly permitted in these Terms of Use) and store the XL Material for your own personal, non-commercial use provided that you do not:
      1. Remove any notices relating to the ownership of copyright or other intellectual property rights in the XL Material;
      2. Modify, translate, reverse engineer, reproduce, decompile, disassemble (except as expressly permitted by law) or create derivative works of any of the XL Material;
      3. Rent, lease, license, loan, copy or give or transfer any rights in the XL Material in any form, to any person or entity without the prior written consent of XL.
    3. Any product, process or technology referred to in the XL Material may be subject to other intellectual property rights of XL and are not made available hereunder.

  3. Ownership of Intellectual Property Rights
    1. Notwithstanding the limited rights granted to you in accordance with Clause 2, XL retains all ownership, title and interest in the intellectual property rights contained in the XL Material including but not limited to copyright, database rights, trade marks, patents, service marks, design rights (whether registerable or otherwise) know-how, trade or business names, domain names, goodwill associated with any of the foregoing and other similar rights or obligations whether registerable or not in any jurisdiction in the world.
    2. XL and the XL logo are trademarks or registered trademarks of XL. All other product names and company logos mentioned in the information, documents or other items provided or available herein may be the trademarks of their respective owners.

  4. Duration of Terms of Use and Termination
    1. These Terms of Use are binding upon you immediately. You accept them by your use of the XL Applications, and they will remain in force until the earlier of the following:
      1. You breach any of the terms of the license granted to you in accordance with Clause 2;
      2. XL terminates these Terms of Use by notice to you at any time in accordance with Clause 8.b; or
      3. You terminate these Terms of Use by notice to XL at any time in accordance with Clause 8.a.
    2. In the event that these Terms of Use are terminated for any of the reasons stated above, you agree to comply with the following obligations:
      1. The license granted to you in accordance with Clause 2 shall be terminated forthwith and you shall have no further rights to use the XL Material;
      2. You must delete or destroy any of the XL Material stored by you in electronic or hard copy form as soon as reasonably practicable; and
      3. You will have no further rights to access or use the XL Applications or the services or facilities available via the XL Applications ("XL Application Services").

  5. XL's Responsibilities
    1. XL undertakes to use commercially reasonable endeavors to prevent breaches of security of the XL Applications.
    2. XL makes no representation or warranty that the XL Applications or XL Application Services will be accessible, or useable by you or error free. XL uses reasonable efforts to include accurate and up-to-date information on the XL Applications. The information, documents or other items provided or available on the XL Applications could include technical inaccuracies or typographical errors. XL makes no warranties or representations as to its accuracy. XL assumes no liability or responsibility for any errors or omissions in the content on the XL Applications.
    3. XL reserves the right, without notice to you, to remove any XL Material from the XL Applications or to suspend or alter the operation of the XL Applications or any XL Application Services, at its sole discretion or for legal or technical reasons. XL will give you as much notice as possible prior to taking any of the actions described in this Clause, but prior notice may not always be feasible for a variety of reasons. XL may make improvements and/or changes to the information or documents provided or available on the XL Applications at any time.

  6. Your Responsibilities
    1. You agree that you are responsible for the security and use of any user names or passwords needed to access or use the XL Applications or any XL Application Services. You must take all reasonable steps to ensure that these user names and passwords are kept confidential and secure and you do not allow any unauthorized person to access the XL Applications or any of the XL Application Services using your user name or password.
    2. You agree that you will not use the XL Applications or any of the XL Application Services as follows:
      1. To send, receive, upload, download, store, use, distribute or publish any material that is offensive, abusive, indecent, defamatory, obscene or in breach of any other person's Intellectual Property Rights or breaches any obligation of confidentiality by which you are bound;
      2. To send or distribute multiple unsolicited e-mails or messages ("Spam") or to cause any other person annoyance, inconvenience or worry;
      3. For any purposes connected to any business, including sending any unsolicited advertisements or promotional material.
    3. You agree to indemnify XL against any claims, costs, expenses or legal proceedings caused as a result of your use of the XL Applications or XL Application Services in contravention of Clauses 6.a and 6.b. Further, in these circumstances, XL shall be entitled to treat the contravention as a material breach of these Terms of Use and terminate the Terms of Use and any access permission granted to you by XL forthwith, without notice to you.

  7. Disclaimers
    1. Information about XL which is posted on the XL Applications has been extracted from publicly available data about XL. The information contains a true and accurate picture of XL's activities as of the date when it was published. While every effort has been made to ensure the accuracy of all information contained on the XL Applications and to update it regularly, XL disclaims any duty or obligation to update the information herein and any liability for any inaccuracies. You should check to see if more recent information is available.
    2. To the extent any information and press releases about XL and its affiliates is deemed to be a "forward looking statement" as defined in the rules and regulations of the United States Securities Act of 1933, as amended, such information is intended to fit within applicable "safe harbors" and may be subject to material risk factors that may or may not be disclosed herein.
    3. The XL Applications and the information contained herein does not constitute an offer or a solicitation of an offer for the purchase or sale of any securities.
    4. XL has used its discretion, best judgment and all reasonable efforts in collecting and preparing the information, documents (including copy, graphics, pictures, etc.) or other items provided or available on the XL Applications, but any such information, document or other item is provided or available without any warranty of any kind, either expressed or implied, including, but not limited to, warranties of completeness, accuracy, fitness for a particular purpose, or non-infringement of any intellectual property rights. XL hereby disclaims any liability to any person for any kind of loss or damage including, but not limited to, any special, incidental, indirect or consequential damages caused by errors or omissions in the information, documents or other items provided or available herein, whether such errors or omissions result from negligence, accident or any other cause.
    5. Your use and browsing of the XL Applications is at your risk. Neither XL nor any other party involved in creating, producing, or delivering the XL Applications is liable for any direct, incidental, consequential, indirect or punitive damages arising out of your access to, or use of, the XL Applications.
    6. While XL has used all reasonable efforts in maintaining the XL Applications virus free, it declines any liability for personal or property damage, especially direct, indirect, immediate or subsequent pecuniary loss, which may result from transmission or downloading of computer viruses. Especially excluded is liability for hardware damage, loss of data, alteration of data or downtime.
    7. The XL Applications may contain links to third-party websites which are controlled and operated by parties other than XL. The links will let you leave the XL Applications, and XL is not responsible for any contents of any linked site or any link contained in a linked site. The inclusion of any link on the XL Applications does not imply endorsement by XL of the linked site. If you decide to access linked third-party websites, you do so entirely at your own risk. XL is providing these links only as a convenience, and the inclusion of any links does not imply endorsement by XL of the site.
    8. The express terms of these Terms of Use are in lieu of all warranties, conditions, undertakings, terms and obligations implied by statute, common law, usage, course of dealing or otherwise, all of which are excluded to the fullest extent permitted by law.

  8. Notices
    1. You may send a legal notice to XL, or any questions you may have concerning these Terms of Use by e-mail to: webhelp@xlgroup.com. Such notices will be effective within 3 days of receipt by XL.
    2. XL may send you notice by general notice on the XL Applications, by e-mail to your e-mail address on record with XL, or by post to the geographical address on record with XL. Such notice will be effective if sent mail or posted on the XL Applications, 1 day from the date it was sent or posted on the XL Applications. If sent by regular post, it will be effective 3 days after posting by XL.

  9. General
    1. For the purposes of these Terms of Use, XL shall mean X.L. America, Inc. and its direct and indirect subsidiaries.
    2. XL reserves the right to add to or change the terms of these Terms of Use in its sole discretion without prior notice to you. All changes to the Terms of Use will be effective once posted on the XL Applications. XL will provide notice of the changes to the Terms of Use for 30 days after posting the amended Terms of Use on the XL Applications. Your continued use of the XL Applications or the XL Application Services following XL's posting of such changes will be regarded by XL as acceptance of the amended Terms of Use. If you do not agree to be bound by the amended Terms of Use you should exit the XL Applications and not access or use the XL Applications in the future.
    3. If any part of these Terms of Use are held by a court of competent jurisdiction to be unenforceable, the validity of the remainder of these Terms of Use will not be affected.
    4. Your use of the Internet is solely at your risk and subject to all applicable laws, and XL has no responsibility for any information, software, services or other materials accessed or obtained by you using the Internet. XL does not assume any liability for timely, trouble-free and uninterrupted access to the Internet.
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