1. OWNERSHIP, LIMITED LICENSE TO USE THE SITE
Insurance Quantified owns and maintains this Site. All information contained in this Site is intended solely for the use of those persons who have been granted permission to use this Site and who have agreed to these Terms.
Insurance Quantified grants you a limited, nonexclusive license to display and otherwise use portions of the Site solely for your own private, non-commercial, informational purposes only, and to print pages from the Site only in connection with that use. Except as described in the immediately preceding sentence, you may not copy, store, modify, distribute, transmit, perform, reproduce, publish, license, create derivative works from, transfer or sell any text, graphics, logos and other source-identifying symbols, designs, icons, images, or other information, software or code obtained from the Site without prior express written permission from Insurance Quantified which may be withheld for any or no reason. You further agree not to download, display or use any Insurance Quantified Content located on the Site for use in any publications, in public performances, on websites other than this Site for any other commercial purpose, in connection with products or services that are not those of Insurance Quantified, in any other manner that is likely to cause confusion among consumers, that disparages or discredits Insurance Quantified and/or its licensors, that dilutes the strength of Insurance Quantified or its licensor’s property, or that otherwise infringes Insurance Quantified or its licensors’ intellectual property rights. You further agree to in no other way misuse any Insurance Quantified Content or third party content that appears on this Site.
2. USAGE PARAMETERS
Means of Access. The Site is generally intended to be viewed by a conventional Web browser. Although you may use other means to access the Site, be aware that the Site may not appear accurately through other access methods, and you use them only at your own risk. You are responsible for setting the cache settings on your browser to ensure that you are receiving the most recent data. You are responsible for obtaining and maintaining all equipment, services and other materials that you need to access and use the Site. You may not use any data mining, robots or similar data gathering and extraction programs or methods, whether automated or manual, to access, acquire, copy or monitor any portion of the Site or any data and content found on the Site, unless such devices or methods are expressly approved in advance by Insurance Quantified in writing.
Unsolicited Ideas. Insurance Quantified always welcomes consumer feedback and appreciates your interest in sharing your thoughts with the Insurance Quantified. However, it is Insurance Quantified’s policy not to accept or consider unsolicited ideas from outside Insurance Quantified, including ideas for new or improved products or packaging, technologies, product names, or promotion or marketing strategies. Should you submit an idea to Insurance Quantified, despite Insurance Quantified’s policy, Insurance Quantified will treat the information as non-confidential and non-proprietary and Insurance Quantified will be free to use the information for any purpose and will not be obligated to return or acknowledge receipt of your submitted information.
3. NO OFFER OF SECURITIES; NO ADVICE
THIS SITE AND THE INFORMATION INCLUDED HEREIN ARE FOR GENERAL INFORMATION PURPOSES ONLY. UNDER NO CIRCUMSTANCES SHOULD ANY MATERIAL AT THE SITE BE USED OR CONSIDERED AS AN OFFER TO SELL OR A SOLICITATION OF AN OFFER TO BUY ANY SECURITY, FUTURE OR OTHER FINANCIAL PRODUCT OR INSTRUMENT, INCLUDING ANY INTEREST IN ANY INVESTMENT FUND SPONSORED OR MANAGED BY INSURANCE QUANTIFIED OR ANY INVESTMENT ADVISORY SERVICES OFFERED BY INSURANCE QUANTIFIED. ANY SUCH OFFER OR SOLICITATION CAN AND WILL BE MADE ONLY BY MEANS OF THE APPLICABLE CONFIDENTIAL OFFERING MEMORANDUM OF EACH SUCH INVESTMENT FUND OR OTHER APPLICABLE DOCUMENT, ONLY IN JURISDICTIONS IN WHICH SUCH AN OFFER WOULD BE LAWFUL AND ONLY TO INVESTORS WHO MEET THE INVESTOR SUITABILITY AND SOPHISTICATION REQUIREMENTS OF EACH SUCH INVESTMENT FUND AS DETERMINED FROM TIME TO TIME BY INSURANCE QUANTIFIED IN ITS SOLE AND ABSOLUTE DISCRETION.
Such requirements may include, among other things, qualifying as an “accredited investor” within the meaning of the U.S. Securities Act of 1933, as amended; a “qualified client” within the meaning of the U.S. Investment Advisers Act of 1940, as amended; a “qualified eligible person” within the meaning of the U.S. Commodity Exchange Act, as amended; and/or a “qualified purchaser” within the meaning of the rules promulgated under the U.S. Investment Company Act of 1940, as amended. Access to information about the investment funds managed by, or advisory services offered by, Insurance Quantified is similarly limited to investors who meet the applicable investor suitability, experience and sophistication requirements. You acknowledge that participation in investment funds is speculative in nature, involves a high degree of risk and is intended only for experienced and sophisticated investors.
This Site is also not intended to provide any investment, financial, legal, regulatory, accounting, tax or similar advice, and nothing on this Site should be construed as a recommendation, by Insurance Quantified or any third party, to acquire or dispose of any investment or security, or to engage in any investment strategy or transaction. You should consult your own investment, legal, tax and/or similar professionals regarding your specific situation and any specific decisions.
4. PASSWORD-PROTECTED AREAS
Portions of the Site which are password-protected may be accessed only by users who have been issued passwords by an authorized representative of Insurance Quantified. Such passwords will only be issued to current investors in an investment fund sponsored or managed by Insurance Quantified, or to prospective investors who are eligible to receive a Confidential Offering Memorandum for one or more of those investment funds or their respective agents and designees. Password-protected portions of the Site may contain performance information for the investment funds sponsored or managed by Insurance Quantified. Users of the Site acknowledge that past performance is not necessarily indicative of future results. No one may obtain or attempt to obtain unauthorized access to such parts of the Site, or to any other protected materials or information, through any means not intentionally made available by Insurance Quantified for their specific use. Unauthorized individuals attempting to access, or actually accessing, these areas can be subject to criminal and/or civil prosecution.
During any registration process, you must provide complete and accurate information about yourself during the registration process. It is your responsibility to maintain the currency, completeness, and accuracy of your password and registration data and any loss caused by your failure to do so is your responsibility. You may not have a user name or ID that is indecent or distasteful or that we otherwise determine in our discretion is unacceptable. You are solely responsible for maintaining the confidentiality of your password and account. Additionally, you are solely responsible for any and all activities that occur under your account. You agree to notify Insurance Quantified immediately of any unauthorized use of your account. You further agree not to email, post, or otherwise disseminate or disclose any user name, ID, password, or other information that provides you access to the Site. Insurance Quantified is not liable for any loss that you may incur as a result of the unauthorized use of your password or account, either with or without your knowledge.
6. NO RELIANCE
While Insurance Quantified uses reasonable efforts to update the information contained in the Site, Insurance Quantified makes no representations or warranties as to the accuracy, reliability or completeness of any information, Insurance Quantified Content, or User content, at or on the Site. Any content of the Site is subject to change without notice. As noted above, permission by Insurance Quantified to access this Site should not be construed as, or relied upon as, investment, financial, legal, regulatory, accounting, tax or similar advice. You acknowledge that any reliance on such material or systems will be at your own risk. Insurance Quantified makes no representations regarding the amount of time that any Insurance Quantified Content or User Content will be preserved.
7. MATERIALS TO BE CONSULTED IN THEIR ENTIRETY
Insurance Quantified does not endorse, verify, evaluate or guarantee any information provided by users and nothing shall be considered as an endorsement, verification or guarantee of any User Content. You shall not create or distribute information, including but not limited to advertisements, press releases or other marketing materials, or include links to any sites which contain or suggest an endorsement by Insurance Quantified without the prior review and written approval of Insurance Quantified.
8. LINKS TO THIRD PARTY WEB SITES
Insurance Quantified has not reviewed any of the websites that may be linked to the Site, and is not responsible for the content of off-site pages or any other website linked or linking to this Site. Insurance Quantified is not responsible for the privacy practices of such other websites. Your linking to or use of any websites other than this Site is at your own risk. Insurance Quantified’s inclusion of links to other websites does not imply any endorsement of any kind by Insurance Quantified of the material located on or linked to by such websites and should not be deemed as such by any user of the Site. Insurance Quantified disclaims any responsibility for the products or services offered or the information contained on any websites other than this Site.
9. NO OFFER OF EMPLOYMENT
The Site does not constitute an offer or promise of employment with respect to any employment position described on this Site. Without notice, Insurance Quantified may eliminate, modify or change any aspects of any employment position described on the Site. This Site does not provide binding employment offers or any terms or conditions of employment. Any employment offer that may ensue as a result of your submission of information to Insurance Quantified shall be solely in accordance with the specific terms of such employment offer, not the terms of the Site.
10. NO WARRANTY
INSURANCE QUANTIFIED AND ITS OFFICERS, DIRECTORS, MEMBERS, PRINCIPALS, INVESTORS, AGENTS AND EMPLOYEES MAKE NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, REGARDING THIS SITE, INSURANCE QUANTIFIED CONTENT, OR USER CONTENT AND/OR THE ACCURACY, ADEQUACY, RELIABILITY, TIMELINESS, COMPLETENESS, SUITABILITY OR OTHER CHARACTERISTICS OF THE INFORMATION AND MATERIALS CONTAINED ON OR PRESENTED THROUGH THE SITE. THIS SITE AND ALL SUCH INFORMATION AND MATERIALS ARE PROVIDED “AS IS”, WITHOUT ANY WARRANTY OF ANY KIND, AND ON AN “AS AVAILABLE” BASIS. INSURANCE QUANTIFIED, TO THE FULLEST EXTENT PERMITTED BY LAW, HEREBY EXPRESSLY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, AS TO THE SITE, , INSURANCE QUANTIFIED CONTENT, USER CONTENT, ANY MATTER RELATED TO THE SITE AND SUCH INFORMATION AND MATERIALS ON THE SITE, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT AND AVAILABILITY. INSURANCE QUANTIFIED EXPRESSLY DISCLAIMS LIABILITY FOR ERRORS AND OMISSIONS IN THE SITE OR THE INFORMATION AND MATERIALS CONTAINED THEREIN.
You acknowledge that you are aware that by using this Site you may be subject to security and privacy exploitations, including, eavesdropping, sniffing, spoofing, hacking, breaking passwords, harassment, exposure to objectionable material, posturing, and/or other security or privacy hazards.
INSURANCE QUANTIFIED AND ITS OFFICERS, DIRECTORS, MEMBERS, PRINCIPALS, INVESTORS, AGENTS AND EMPLOYEES FURTHER ASSUME NO RESPONSIBILITY FOR, AND MAKE NO WARRANTIES THAT, INFORMATION, SERVICES OR FUNCTIONS CONTAINED AT THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVER THAT MAKES IT AVAILABLE WILL BE FREE OF VIRUSES, WORMS, “TROJAN HORSES” OR OTHER HARMFUL COMPONENTS. INSURANCE QUANTIFIED AND ITS OFFICERS, DIRECTORS, MEMBERS, PRINCIPALS, INVESTORS, AGENTS AND EMPLOYEES SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY TYPE OR KIND TO YOUR COMPUTER, VIRUSES THAT MAY INFECT YOUR COMPUTER, OR SERVICES REPAIRS OR CORRECTIONS THAT MUST BE PERFORMED ON YOUR COMPUTER OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS OR USE OF THE SITE.
11. LIMITATION OF LIABILITY; INDEMNIFICATION
These limitations of liability will apply regardless of: (i) any negligence or gross negligence of Insurance Quantified or any of its officers, directors, members, principals, investors, clients, agents or employees or (ii) whether the liability arises in negligence, gross negligence, strict liability, contract, tort (including negligence or gross negligence) or any other theory of legal liability; and will remain in effect even if any remedy fails of its essential purpose.
Your sole remedy for dissatisfaction with your use of the Site is to stop using the Site.
Both you and Insurance Quantified acknowledge and agree that no partnership is formed and neither of you nor Insurance Quantified has the power or the authority to obligate or bind the other.
Any notice to Insurance Quantified shall be given in writing and sent by registered mail to Two Sigma Insurance Quantified, LP, 100 Avenue of the Americas, 16th Floor, New York, NY 10013, Attention: Matthew B. Siano, Esq., General Counsel, or at such successor address as designated by Insurance Quantified in its sole discretion from time to time.
If Insurance Quantified fails to act with respect to your breach or anyone else’s breach on any occasion, Insurance Quantified is not waiving its right to act with respect to future or similar breaches.