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FacWorld Legal and Privacy Statement
FacWorld
Legal and Privacy Statement
By using this site, you agree at all times during your use of this site to abide by these terms of use and any additions or amendments to these terms. Please read the terms of use carefully. Gen Re reserves the right in its sole and absolute discretion, to change, modify, add, or remove portions of these terms at any time. In addition, when using this site or a service of this site, you will be subject to any posted guidelines, rules or policies for the service. Those guidelines, rules and policies, whether now existing or adopted in the future, are incorporated by reference into these terms of use.PROPRIETARY RIGHTS
FacWorld, powered by Kölnische Rückersicherungs-Gesellschaft AG ("Cologne Re") and General Re Corporation (collectively referred to as "Gen Re" or sometimes "us" or "we"), maintain this Internet site as a service to the Internet community. The design of this site, and information contained within are the property of Gen Re and protected by copyright, trademark and other intellectual property and proprietary rights. The selection, arrangement and design of the entire contents of this Internet site, as well as the original contents herein, are the property of Gen Re. FacWorld™, Putting Our Expertise Online®, General Re®, the light icon, Gen Re™, ReBox™, and the names of other Gen Re companies and services referenced herein are either service marks or registered service marks of General Re Corporation. Cologne Re® and Kölnische Rück® are either service marks or registered service marks of Cologne Re. Other product and company names mentioned herein might be the trademarks or service marks of their respective owners.
This site may be viewed and its contents downloaded by you for your use as an employee of a Client Company or for your Company. You must keep intact all copyright and other proprietary notices. The site and its contents may not be displayed, modified, transmitted, reproduced, copied, licensed, sold, broadcast, published, re-published or distributed in whole or in part in any manner without the prior written consent of the Gen Re.
COPYRIGHT COMPLAINTS
Gen Re respects the intellectual property of others, and we ask our users and visitors to do the same. Gen Re may, in appropriate circumstances and at its discretion, terminate access to a user or visitor who infringes the intellectual property rights of others. If you believe that your work has been copied and is accessible on the FacWorld site in a way that constitutes copyright infringement, please notify FacWorld by providing its Copyright Agent with the following information:
1) An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
2) A description of the copyrighted work that you claim has been infringed;
3) A description of where the material that you claim is infringing is located on the FacWorld site;
4) Your address, telephone number, and email address;
5) A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
6) A statement by you made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
FacWorld's Copyright Agent for Notice of claims of copyright infringement on this site is:
Lisa M. PIckard
By Mail: FacWorld
General Reinsurance Corporation
695 E. Main St,
Stamford, Connecticut, 06901
By Phone: 203-328-6785
DISCLAIMER
This site has been established for the benefit of Gen Re, FacWorld and for our clients. FacWorld registered users will be employees of Companies, including clients of Gen Re, and will have been given the opportunity to complete a "MyFacWorld Profile" (hereinafter "the registered users"). These registered users may have the ability to submit risks to Gen Re and to certain other parties when the risks are also submitted to Gen Re. Gen Re has the ability to respond with "quotes" to such submissions, and registered users, who have created a profile and have agreed to all the terms and conditions of use, have the ability to accept such quotes to bind facultative reinsurance coverage. As a FacWorld visitor or a registered user, you agree to not misrepresent yourself or to spoof any person or entity in your communication with FacWorld and in your use of the profile and submissions features.
The registration, submission and quote forms are currently available in English. If you are wish to become a registered user, you may use the forms as they currently exist, or you can contact your Gen Re Underwriter by telephone, facsimile or Email to register and to submit a risk, or for transactions in another language.
FacWorld will use reasonable efforts to respond to submissions from registered users of Gen Re within one business day, but may take longer due to circumstances beyond its control. FacWorld does not undertake to respond to any submissions or requests from visitors who are not registered users of FacWorld or clients of Gen Re, or from certain countries with whom trade is prohibited under the laws of the United States, Germany or other European Union countries. We will not accept submissions from potential insureds, insurance brokers or agents, or insurance or reinsurance intermediaries. There is no promise or undertaking by FacWorld or by Gen Re that it will quote a risk or reinsure any risk submitted through FacWorld. By using FacWorld, you acknowledge that it has been provided for the convenience of Gen Re. Gen Re reserves the right to refuse to underwrite or refuse to reinsure any risk submitted through FacWorld.
At the same time risks are submitted to FacWorld, FacWorld may (but is not obligated to) enable users to submit these risks to e-mail addresses other than those within the FacWorld domain, but FACWORLD EXPLICITLY DISCLAIMS RESPONSIBILITY FOR ANY FAILURE OF THE TRANSMISSION TO REACH ITS INTENDED RECIPIENT OR FROM ANY RESULT OF SUCH FAILURE. FacWorld also notifies users that it may not inform the registered user of the results of the attempted transmission or failure thereof. FacWorld may discontinue this feature in its sole and absolute discretion.
Registered FacWorld users may have the ability to view and reconcile their billing accounts online through the Facultative Billing application, including the capability of an online agreement to pay confirmed amounts, and to model their insurance structures using the ReBox™ tool. These applications are currently available in English only. FACWORLD DISCLAIMS THE ACCURACY AND COMPLETENESS OF THE FACULTATIVE BILLING STATEMENTS AND THE REBOX™ MODELING TOOL.
WE WILL USE REASONABLE EFFORTS TO INCLUDE ACCURATE AND UP-TO-DATE INFORMATION, BUT MAKE NO WARRANTIES OR REPRESENTATIONS AS TO ITS ACCURACY, RELIABILITY AND COMPLETENESS OF THE INFORMATION PROVIDED HERE BY GENRE OR FACWORLD. WE SHALL NOT BE LIABLE FOR DAMAGES OF ANY KIND ARISING OUT OF YOUR ACCESS, OR INABILITY TO ACCESS FACWORLD OR OTHER SITES OWNED OR CONTROLLED BY GENRE OR YOUR RELIANCE ON THE INFORMATION ON FACWORLD OR FOR THE LOSS, CORRUPTION, OR MISDIRECTION OF ANY DATA OR INFORMATION THAT YOU PROVIDE TO US. The products and services descriptions included are for the sole purpose of providing a general reference tool concerning the nature and type of products and services available from FacWorld and the Gen Re group of companies. The descriptions are not intended to be relied upon by users or by potential users. The descriptions of policy and contract provisions in this web site provide a broad overview of coverages only. All coverages are subject to conditions, coverage limits, limits of liability, limitations and exclusions as contained in the policy or contract. See the policy or contract itself for an exact description of the coverage provided and if you are interested in a particular product or service, please contact your Gen Re account executive.
We have designed the site to work best with Microsoft Internet Explorer 4.0 and above and Netscape Communicator 4.0 and above. Certain sections of the site may not be viewable with older model browsers.
WE ALSO DISCLAIM ALL LIABILITY FOR ANY COMPUTER VIRUSES OR OTHER DISABLING COMPUTER CODE THAT MAY BE LOADED INTO YOUR COMPUTERS WHEN YOU DOWNLOAD DOCUMENTS FROM THIS WEB SITE. FACWORLD PROVIDES ACCESS TO TOOLS, INCLUDING DOWNLOADABLE TOOLS, BUT DOES NOT GUARANTEE THEIR SUITABILITY FOR ANY TASK, THEIR ACCURACY, RELIABILITY OR USEFULNESS, OR THEIR FUNCTIONALITY TO WORK ON THE USER'S COMPUTER. Users of this site are advised to obtain and use appropriate anti-virus and security software. The access provided to the tools does not include any proprietary rights in the tools. The rights to any such tools shall at all times be retained by Gen Re or its licensors. ALTHOUGH GENRE WILL NOT KNOWINGLY INFRINGE THE RIGHTS OF THIRD PARTIES, IT MAKES NO REPRESENTATION OR WARRANTY THAT THE TOOLS PROVIDED DO NOT INFRINGE THE RIGHTS OF OTHERS.
Clicking on certain links within FacWorld will let you leave FacWorld's site. The linked sites are not under the control of FacWorld and FacWorld is not responsible for the contents of any linked site or any link contained in a linked site. FacWorld is providing these links to you only as a convenience, and inclusion of any link does not imply endorsement by us of a linked site. FacWorld is under no obligation to maintain any link and may remove a link at any time in its sole discretion for any reason whatsoever.
From time to time, FacWorld may, but is not obligated to, host a discussion forum on this site. FacWorld assumes no responsibility for information posted in connection with the discussion forum. FacWorld exercises little or no editorial control over the postings to this forum. If you submit material to FacWorld or post on the discussion forum, by doing so, you warrant that to the best of your knowledge and belief the information contained therein is truthful, does not violate the rights or property interests of others, and is not unlawful, threatening, defamatory, vulgar, obscene or otherwise objectionable. You will not use the forum for solicitation, advertisement or promotion of any business or activity that is inconsistent with the purposes of FacWorld or for any illegal or unlawful purpose, or that will hurt the reputation of FacWorld or Gen Re.
You declare that we may use and reproduce the material submitted or posted for any purpose and grant us a non-exclusive, perpetual royalty-free, worldwide license to such material. As a condition of submitting or posting materials, you agree to waive any "moral rights" (droit moral) or other rights of authorship which may accrue or have accrued to you under any laws of any jurisdiction. We reserve the right to investigate complaints that visitors may make about the content on the site or the discussion forum. We reserve the right to remove any content from the site, in our sole and absolute discretion at any time, and to terminate the privilege of any visitor to post on the forum or to participate in other FacWorld services if they misuse the posting privilege or violate other terms of use.
By continuing to access this web site, and by submitting material to us, you agree that you shall have no recourse against FacWorld or Gen Re for any alleged or actual infringement or misappropriation of any proprietary rights in your communication to us. By submitting or posting material to FacWorld you acknowledge that other persons including our employees may have submitted to us, to others, or made public or may hereafter originate, submit, or make public similar or identical material that we may have the right to use. By submitting material, you hereby confirm your understanding that you will not be entitled to any compensation or other remuneration because of our use of such other similar or identical material. You hereby acknowledge that no fiduciary or confidential relationship exists between you and us, either now or by reason of your submitting any information to us, unless we have made a separate written agreement to the contrary.
This agreement does not create a confidential relationship between you and us. We shall have no liability whatsoever for the results of your postings and submissions to this site or by means of this site.
We reserve the right to change the products and services referred to in FacWorld, to discontinue this site and to change this legal statement and the terms and conditions of use at any time.
PRIVACY
We at FacWorld understand that Web enabled users are concerned about the privacy of information. We have established policies and procedures concerning the collection, use and security of your information that will help protect the privacy of registered users. Our information privacy standards are designed to help us serve our users while maintaining our own strict security standards, and are intended to comply with the data protection laws of the various countries where we do business.
We will collect the personal information from visitors, including their addresses, from forms that the visitors voluntarily submit and based on their usage of this site. This information is collected in order to enable Gen Re to better identify and serve its users and to respond better to their needs. We also collect risk submission details in order to respond to registered users and potential users. We also collect and store certain information in order to answer your email, respond to your submissions, bind your coverage and to measure your interest in the various sections of FacWorld. We will not intentionally disclose these details of visitors to anybody outside FacWorld, Gen Re, and the subsidiaries and affiliates of Gen Re without the visitor's express permission, unless disclosure is required by law. However, if you are a registered user of FacWorld, we reserve the right to disclose to your Company, and to other employee users at your Company the information in your Profile and the details of your submissions and your activities through FacWorld. When a FacWorld user creates a "My FacWorld" profile to become a registered user, we will undertake to store the registered user's submissions to provide the registered user the ability to retrieve the submissions, but we do not assure that this data will be available. We also reserve the right to withdraw this functionality of access to past and pending submissions.
We will collect information about the ISP and the Browser that visitors use to visit the FacWorld site and we will use this information statistically to serve our users better. This site does serve cookies. A cookie is a small file that is only created to help visitors navigate about the site, and for use to track the traffic to our site. You may refuse the cookies.
SECURITY
We cannot provide any assurance of privacy over a network that is not a secure network or over a network that we do not control. The Internet is not a secure network and, aside from our own servers, not within our control. However, FacWorld will collect and store personal details and risk submissions using the Secure Socket Layer (SSL) protocol, a secure server and security protocol to help safeguard the information you provide while interacting with you. This encrypts your information so a third party cannot easily read the information while in transit.
Electronic Message and E-Mail Security – Messages traveling through the Internet using your Internet provider's e-mail process are subject to viewing, alteration and copying. We are not responsible for the security or confidentiality of communications you send to FacWorld through the Internet using the e-mail process.
TERMINATION
These terms of use are effective until terminated by either party. You may terminate your registration by discontinuing use of this site and destroying any materials obtained from this site. Gen Re may terminate this agreement at any time without notice, and remove and discard the site or any content within the site, for any reason, including, without limitation, for lack of use. Gen Re may terminate your registration and use of this site if it believes that you have violated or acted inconsistently with the letter or spirit of the terms of use. Gen Re may also discontinue providing this site and service at any time, with or without notice.
LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND THAT UNDER NO CIRCUMSTANCES SHALL GENRE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS IN THIS SITE, EVEN IF GENRE OR A GENRE AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS INCLUDES ANY STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE.
SINCE SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. HOWEVER, IN NO EVENT SHALL GENRE'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION EXCEED ONE HUNDRED DOLLARS U.S.
INTERPRETATION
The terms and conditions of use in this statement are intended as guidelines and are not meant to be exhaustive. Generally, conduct that violates law, regulation, or the accepted standards of the Internet community, whether or not expressly mentioned in this statement, is prohibited. Gen Re reserves the right at all times to prohibit activities that damage its commercial reputation and goodwill or the commercial reputation and good will of its vendors and clients. We may modify the terms and conditions of this statement at any time. We may add, delete, or modify any provision of this statement at any time without notice. We may take whatever action we deem appropriate, including (among other things) investigating allegations of improper activities, making reports to law enforcement authorities or terminating service to you, if we believe that there has been a violation of the terms and conditions of this statement or a breach of our agreement with you.
CHOICE OF LAW AND JURISDICTION
These terms of use will be governed by and construed in accordance with the laws of the United States and the State of Connecticut, without giving effect to any principles of conflicts of law. You agree that any action at law or in equity arising out of or relating to these terms shall be filed only in the state or federal courts located in Connecticut and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. If any provision of these terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions.
All contents © COPYRIGHT 1999-2004 General Re Corporation and Kölnische Rückersicherungs-Gesellschaft AG. All rights reserved.
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