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  • Terms of Use Agreement
  • Privacy Policy

TERMS OF USE AGREEMENT

This Website is for educational and informational purposes only and is not intended to constitute an offer to solicit business.

1. Acceptance of Terms

1.1     This Website is owned, maintained and made available to you by Flagstone Re Insurance Holdings Limited and its subsidiaries and affiliates (collectively referred to herein as "Flagstone "). The Flagstone group of companies includes insurance and reinsurance companies that are licensed or otherwise approved to transact insurance and/or reinsurance business located in various countries. Flagstone ’s Website may make available to its visitors articles, text, data, information, pictures, photographs, videos and sound, trademarks, devices, logos and other content now known or later invented (collectively referred to herein as "Content").
1.2       Your access to and use of this Website are subject to the following Terms of Use, as well as all applicable laws and regulations.
1.3       PLEASE READ THESE TERMS OF USE CAREFULLY.  BY ACCESSING THE FLAGSTONE WEB SITE, YOU ARE DEEMED TO ACCEPT AND AGREE THE TERMS SET OUT BELOW. If you do not accept and agree to be bound by any of these terms or conditions you are not authorized to access or otherwise use this Website or any information or Content contained on this Website.
1.4       These Terms of Use may be changed, modified, supplemented or updated by Flagstone from time to time without advance notice. Unless otherwise indicated, any new Content added to this Website will also be subject to these Terms of Use effective upon the date of any such addition. It is your responsibility to access and check these Terms of Use whenever you access this Website.

2. Restrictions on Use of this Website

2.1 As a condition of using this Website, you agree that you will not:

  • 2.1.1 violate of any applicable local, state, federal, or international law, statute, regulation, code, or ordinance, including, without limitation, regulations promulgated by or the rules of any national or other securities exchange and all applicable laws regarding the transmission and storage of technical data exported from the United States, the European Union or the country in which you reside;
  • 2.1.2 modify, falsify, or delete any proprietary designation of the origin or source of any Content on this Website or submit, display or transmit any material of any form or kind that infringes any proprietary rights of Flagstone or any party;
  • 2.1.3 without the prior written consent of Flagstone , modify, copy, distribute, transmit, display, reproduce, publish, license, create derivative works of, transfer any Content;
  • violate (whether intentionally or negligently) in any way the rights of any other person or entity without limitation rights of confidentiality, publicity or the security of any information provided to Flagstone by other users of this Website;
  • 2.1.4 use any software robot, spider, software, tool, engine, device, routine or other similar automatic device or manual process of any kind without the prior, expressed written permission of Flagstone , to gather, monitor or copy the Website pages or the contents contained therein or engage in any activity that interferes with this Website in any way;
  • 2.1.5 use the Website in a manner that could damage, disable, overburden, or impair any server, or the network(s) connected to any server;
  • 2.1.6 gain unauthorized access to any other accounts, computer systems or networks connected to any server or systems through hacking, password mining or any other means;
  • 2.1.7 collect, store, publish, post, sell, transmit, or disclose personal information about other users of this Website; or
  • 2.1.8 upload or otherwise transmit files that contain viruses, worms, Trojan horses, malicious code, spyware, adware, sniffers, corrupted files, or similar software or programs that may affect the security of this Website.

2.2       Flagstone reserves its right to prevent you from accessing this Website if you do not comply with any part of these Terms of Use without prejudice to any other remedy available under applicable law.

3. Personal Information

Usage of your personal information is governed by our Privacy Policy, which forms part of these Terms of Use. In the event that Flagstone undergoes reorganization or is sold to a third party, any personal information Flagstone holds about you may be transferred to that reorganized entity or third party, provided that their usage of it remains in accordance with our Privacy Policy.

4. Copyright

4.1 All intellectual property rights including copyright, database rights and first publication rights, patents, registered trademarks and know-how in this website and in the Content published on this website, unless otherwise indicated, are owned either by Flagstone or made available to us under license by third parties.  This Website and all content published on this Website, unless otherwise indicated, may be protected by copyright.  All trademarks and devices displayed on this website, unless otherwise indicated, are owned by Flagstone and/or licensors, and may be registered in jurisdictions across the world.  Save as provided below, any use or reproduction of these trademarks and/or devices is prohibited.

4.2 Flagstone does not warrant or represent that your use of Content or any other materials displayed on this Website will not infringe rights of third parties.

5. Links to Third Party Websites

This Website may contain hyperlinks to and Content from other sites maintained, owned and operated by parties other than Flagstone and over whom Flagstone has no control. Such hyperlinks and Content are provided only for ready reference and ease of use. We do not control such websites and cannot be held responsible for their content or accuracy and do not endorse these sites unless we specifically so state. In the event this Website provides hyperlinks to or Content from other web sites that are not owned, operated or maintained by Flagstone or its affiliates, you acknowledge and agree that Flagstone is not responsible for and is not liable for the content, products, services or other materials on or available from such web sites. We accept no liability for any information, products, advertisements, content, services or software accessible through these third party web sites or for any action you may take as a result of linking to any such web site. Any such web sites are likely to set forth specific terms of use and privacy policies that you should review. Flagstone is under no obligation to maintain any link on this Website and may remove a link at any time in its sole discretion for any reason whatsoever. Neither Flagstone nor its affiliates shall be responsible or liable, directly or indirectly, for any damages or losses caused or alleged to be caused by or in connection with the use of or reliance on such content, products, services or other materials available on or through any such web site. Flagstone is providing these links only as a convenience, and the inclusion of any links does not imply endorsement by Flagstone of the site. Following links to any off-site pages or other websites shall be at your own risk.

6. Disclaimer

6.1 The information on the Flagstone Website is provided solely for educational and informational purposes and should not be relied upon for any reason without first independently verifying the data.

6.2 The Flagstone Website does not include all information necessary to evaluate any actual or proposed transaction or insurance policy. This Website presents general information regarding operating subsidiaries within the Flagstone Group of Companies and is not intended and does not constitute an offer to solicit business, and does not contain a complete description of any reinsurance product, insurance product, or re/insurance-related services, which may be offered for sale by any company in the Flagstone Group of Companies.

6.3 Your use of this Website does not grant or constitute a license, express or implied, under any patent rights or trade secret rights now or hereafter, owned, controlled or possessed by Flagstone .

6.4 All coverages and products are subject to meeting the company’s underwriting requirements and guidelines. Potential reinsureds and insureds should consult with brokers, intermediaries or other professional advisers in advance for more complete information regarding terms and conditions of our various reinsurance and insurance products.

6.5 THIS FLAGSTONE WEB SITE AND IT’S CONTENT IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, AND TO THE EXTENT PERMITTED BY APPLICABLE LAW, WITHOUT WARRANTIES, REPRESENTATIONS OR GUARANTEES OF ANY KIND WHATSOEVER, EITHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOR LIMITED TO WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE, UNLESS SUCH REPRESENTATIONS AND WARRANTIES ARE NOT LEGALLY EXCLUDABLE.

7. Limitation of Liability

7.1 None of the Flagstone staff, consultants, contractors or third-party content providers shall be liable for damages direct or indirect arising out of or in connection with the use of the Flagstone Website. Clicking on certain links within the Flagstone Web Site may take you into non-Flagstone Group web sites for which Flagstone can take no responsibility.

7.2 The Flagstone Web Site attempts to provide accurate and authoritative information in regard to the subject matter covered, however the Flagstone staff and third party content providers do not undertake any obligation to update any of the information contained on these pages, nor make any representations or warranties regarding the accuracy of any information or content contained on these pages.

7.3 This is a comprehensive limitation of liability and under no circumstances shall Flagstone or any party involved in creating, producing, distributing, or providing content for the sites be liable for any direct, indirect, incidental, special, or consequential damages that result from the use of or inability to use the site, including but not limited to, damages due to: loss of data, income or profit; loss of or damage to property; claims of third parties; or reliance by a user on information obtained from the site.

7.4 Flagstone may, at its discretion, modify or discontinue any of the Content, or any portion thereof, with or without notice. Flagstone will not be liable to you or any third party for any modification or discontinuance of any of the Content.

8. Safe Harbor Statement

8.1 This Website contains, and Flagstone may from time to time make, written or oral “forward-looking statements” within the meaning of the U.S. federal securities laws, which are made pursuant to the safe harbor provisions of the Private Securities Litigation Reform Act of 1995.  All forward-looking statements rely on a number of assumptions concerning future events and are subject to a number of uncertainties and other factors, many of which are outside the Company’s control, which could cause actual results to differ materially from such statements.  In particular, statements using words such as “may”, “should”, “estimate”, “expect”, “anticipate”, “intend”, “believe”, “predict”, “potential”, or words of similar import generally involve forward-looking statements.

8.2 Important events and uncertainties that could cause the actual results to differ include, but are not necessarily limited to: market conditions affecting the Company’s common share price; the impact of the current unprecedented volatility in the financial markets, including the duration of the crisis and the effectiveness of governmental solutions; the weakening economy, including the impact on our customers' businesses; fluctuations in interest rates; the effects of corporate bankruptcies on capital markets; the possibility of severe or unanticipated losses from natural or man-made catastrophes; the effectiveness of our loss limitation methods; our dependence on principal employees; the cyclical nature of the reinsurance business; the levels of new and renewal business achieved; opportunities to increase writings in our core property and specialty reinsurance and insurance lines of business and in specific areas of the casualty reinsurance market; the sensitivity of our business to financial strength ratings established by independent rating agencies; the estimates reported by cedents and brokers on pro-rata contracts and certain excess of loss contracts where the deposit premium is not specified in the contract; the inherent uncertainties of establishing reserves for loss and loss adjustment expenses, our reliance on industry loss estimates and those generated by modeling techniques; unanticipated adjustments to premium estimates; changes in the availability, cost or quality of reinsurance or retrocessional coverage; changes in general economic conditions; changes in governmental regulation or tax laws in the jurisdictions where we conduct business; the amount and timing of reinsurance recoverables and reimbursements we actually receive from our reinsurers; the overall level of competition, and the related demand and supply dynamics in our markets relating to growing capital levels in the reinsurance industry; declining demand due to increased retentions by cedents and other factors; the impact of terrorist activities on the economy; and rating agency policies and practices.

8.3 These and other events that could cause actual results to differ are discussed in more detail from time to time in our filings with the SEC.  Flagstone undertakes no obligation to publicly update or revise any forward-looking statements, whether as a result of new information, future events or otherwise, except as required by U.S. federal securities laws.  Readers are cautioned not to place undue reliance on these forward-looking statements, which speak only as of the date on which they are made.

9. Indemnity

9.1 You agree to indemnify, defend and hold harmless Flagstone , and any of its directors, officers, employees, agents, licensors, advisors, independent contractors, consultants, attorneys, representatives, subsidiaries and affiliates (collectively, the "Indemnitees") from and against any and all claim, loss, expense, or demand or liability, including attorneys' fees and costs, incurred by the Indemnitees arising out of (i) any claim by a third party relating to the posting, distribution, modification or alteration by you of any content, or (ii) your use of this Website in violation of these Terms of Use or in violation of any applicable law.

9.2    You agree to cooperate with us as reasonably required in the defense of any such claims. The Indemnitees reserve the right, at their own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you shall not in any event settle any such claim or matter without the written consent of Flagstone .

9.3    Flagstone shall be entitled to seek equitable relief, including, without limitation, injunctive relief and specific performance, in the event of any breach of the provisions of these Terms of Use by you, in addition to all other remedies available at law or in equity.

10. General and Governing Law

Flagstone may change these terms and conditions from time to time and will endeavor to notify you of any major changes by posting a message on the Website.  However, by browsing the Website you are accepting that you are bound by the current terms and conditions. You should check these each time you revisit the Site. These terms and conditions form the entire understanding of the parties and supersede all previous agreements, understandings and representations relating to the subject matter of their terms or your use of the Site If any article, section or provision of these terms and conditions is found to be invalid, the remainder of them shall continue in full force and effect. Any terms and conditions which are null or void, are in this case to be understood such that their intended purpose is still fulfilled as far as possible. Flagstone may delay enforcing its rights under these terms and conditions without losing them. These terms and conditions shall be governed and construed in accordance with the laws of Bermuda, and you consent to the non-exclusive jurisdiction of the courts of Bermuda.

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