You are about to access the Cyber Risk and Insurance Website ("the CRIF Website"). The CRIF Website is located at http//www.cyberriskinsuranceforum.com. Your access to, and use of, the online information and services provided through the CRIF Website are subject to the following terms and conditions:
1. Limitations on Liability
1.1 Online Services. Unless expressly stated otherwise, the online information and services (collectively, the
"Services") provided through the CRIF Website are for general guidance only. Given the changing nature of laws, rules, and regulations, and the inherent hazards of electronic communication, there may be delays, omissions, or inaccuracies in the information presented on this CRIF Website.
The provision of Services on the CRIF Website does not constitute the provision of professional advice, guidance, or professional consulting of any kind. The Services should not be used as a substitute for consultation with appropriate professionals or other competent advisors. Before making any decision or taking any action, you should consult a professional advisor who has been provided with all pertinent facts relevant to your particular situation.
(a) YOU AGREE THAT UNDER NO CIRCUMSTANCE WILL THE CYBER RISK AND INSURANCE FORUM, ANY INDIVIDUAL MEMBER OF GROUP, THEIR RELATED COMPANIES OR CORPORATIONS, OR THE PARTNERS, AGENTS, OFFICERS OR EMPLOYEES THEREOF BE RESPONSIBLE FOR THE CRIF Website, THE SERVICES OR ANY INFORMATION CONTAINED IN THE CRIF Website.
(b) WE DISCLAIM ALL LIABILITY IN RESPECT OF THE CRIF Website, THE SERVICES AND SUCH INFORMATION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE. THE SERVICES AND THE INFORMATION ARE PROVIDED WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED (INCLUDING, BUT NOT LIMITED TO, WARRANTIES THAT THE INFORMATION ON THE CRIF Website WILL BE PROVIDED OR PREPARED USING REASONABLE SKILL OR CARE).
1.3 Downtime Data Loss and Security.
(a) You understand and agree that no representation or warranty is made with respect to the functionality or availability of the Services, and that all or any portion(s) of the Services may for a variety of reasons be unavailable to you for use either temporarily or permanently without notice.
(b) You further agree and understand that information and data related to the Services may be irretrievably lost or destroyed at any time, and it will be your responsibility to make all necessary copies and backups of any appropriate information and data posted to or obtained or available from the Services or the CRIF Website.
(c) You agree that neither THE CYBER RISK AND INSURANCE FORUM nor ANY INDIVIDUAL MEMBER OF GROUP or their ASSOCIATED COMPANY OR ORGANIZATION will have any liability due to your inability to access the CRIF Website or the Services, any portion thereof or any related data or information, and will not have any liability in connection with the loss or destruction of any such data or information.
(d) You understand and acknowledge that no website or network is immune from unauthorized access. Accordingly, THE CYBER RISK AND INSURANCE FORUM and ANY INDIVIDUAL MEMBER OF GROUP or their ASSOCIATED COMPANY OR ORGANIZATION will no liability or responsibility in connection with any unauthorized access to the Services or the CRIF Website.
(e) You understand and agree that the Services may be unavailable due to scheduled maintenance.
(f) THE CYBER RISK AND INSURANCE FORUM, or its authorised agents, reserves the right to prevent or limit access to the CRIF Website or the Services for security, upgrades or other reasonable purposes.
2.1 To the maximum extent permitted by applicable law, you agree to defend (at the indemnified party's option), indemnify and hold THE CYBER RISK AND INSURANCE FORUM and ANY INDIVIDUAL MEMBER OF GROUP or their ASSOCIATED COMPANY OR ORGANIZATION or their respective partners, principals, employees, licensors, agents, affiliates, business associates, suppliers and insurers (each an "Indemnified Person") harmless from and against any and all losses, damages, liabilities, costs (including reasonable attorneys' fees) and expenses in connection with any claim arising out of or in connection with any content or information posted or transmitted by you using the Services or that otherwise arise out of your use of the Services or the CRIF Website or that of any other third party who is given or gains access to the Services or the CRIF Website due to your action or inaction.
2.2 At any time, an Indemnified Person has the right to forego the indemnification and assume the defence of any claim.
2.3 Notwithstanding this clause 2, it is not the intent of the parties to affect the rights of any Indemnified Person's insurers to assume the defence or settlement of any claim against such Indemnified Person for which insurance coverage is sought under any relevant policy.
3. Eligibility; Registration and Advanced use of the CRIF Website
3.1 Members and Partners may use the advanced publishing features CRIF Website and other Services under these terms and conditions provided that:
(a) you are using CRIF Website and the Services on behalf of your employer, which is a United Kingdom corporate or other business entity or business partnership which can enter into legally binding contracts over the Internet under applicable law;
(b) you are not a "consumer" for the purposes of any applicable laws or regulations or a natural person (other than a sole professional practitioner);
(c) you are not incorporated, registered or established under the laws of any jurisdiction not specified in your registration form and are not using the CRIF Website from any such country; and
(d) you are not prohibited to access the CRIF Website under any applicable laws, rules or regulations.
3.2 If you do not qualify under the foregoing eligibility requirements at any time, you cannot use the CRIF Website, and if you do use the CRIF Website, you acknowledge and represent that you are eligible to use the CRIF Website and that you are not a person referred to above.
3.3 In the event that you are a person who does not meet the eligibility criteria set out above but nevertheless registers and uses the CRIF Website, you as a non-eligible party shall have all the obligations, responsibilities and liabilities as would an eligible entity that is a party to this Agreement.
3.4 All registrations must contain the required fields indicated on the registration form. You warrant that all information provided or confirmed by you in connection with registration is true, accurate, complete and up-to-date and you agree to make any changes necessary to your user profile on the CRIF Website to ensure that such information is true, accurate, complete and up-to-date at all times.
3.5 Security. You will be required to enter your username and password every time you wish to access the Services. Your username and password are personal to you and non-transferable, and you shall maintain them in strict confidence and will not communicate them to anyone else or allow anyone else to use them.
YOU ARE RESPONSIBLE FOR ALL USE OF THE SERVICES AND THE CRIF Website MADE USING YOUR USERNAME AND PASSWORD, REGARDLESS OF THE IDENTITY OF THE PERSON MAKING SUCH USE, AND THE CYBER RISK AND INSURANCE FORUM, ANY INDIVIDUAL MEMBER OF GROUP, their ASSOCIATED COMPANY OR ORGANIZATION WILL NOT HAVE ANY RESPONSIBILITY OR LIABILITY IN CONNECTION WITH ANY UNAUTHORISED USE OF THE USERNAMES OR PASSWORDS OR ANY UNAUTHORISED USE OF THE CRIF Website OR THE SERVICES.
If you become aware of a breach of security with respect to your password or of any other breach of security, you will immediately notify CRIF. Your access to or use of the CRIF Website may be immediately suspended with or without notice by CRIF or its agents at any time for any reason.
3.6 Restrictions. Except as otherwise expressly permitted under this Agreement, you may not do any of the following, nor may you authorise any third party to do any of the following with respect to the CRIF Website or the Services, including without limitation any of its related technology and databases:
(a) access or use any portion except for your internal business purposes (and in particular not to use or access any portion thereof for marketing or advertising purposes);
(b) modify or create any derivative works;
(c) decompile, disassemble, reverse engineer, or otherwise attempt to derive the related source code;
(d) redistribute, encumber, sell, rent, lease, use for service bureau purposes, sublicense or otherwise transfer any related rights; or
(e) remove or alter any related trademark, logo, copyright or other proprietary notices, legends, symbols or labels.
You may not reproduce or copy any portion of the CRIF Website or Services other than:
(a) to access the CRIF Website and Services in accordance with this Agreement; or
(b) to reproduce a reasonable number of hard copies of information obtained from the CRIF Website and Services for the use only of the individual who is registered for the CRIF Website in the course of his / her employment with the entity which is registered for the CRIF Website and provided that such copying is done on an ad hoc basis only and that no more than one article or extract is reproduced on each occasion.
3.7 Posting of Information and Access Thereto; Suspension of Service. You will not use the Services to post or transmit any information or content in violation of any applicable law or regulation, or in any manner that violates, infringes or misappropriates any third party right or interest, or in any manner that causes harm or damage of any kind. Among other prohibited activities and without limiting the foregoing, you must not make available or promote in or through the Services any material which:
(a) infringes any person's intellectual property rights;
(b) is or is likely to be perceived as defamatory, threatening, misleading, offensive or inappropriate, or materially misrepresents facts;
(c) adversely affects performance or availability of the Services or the CRIF Website (or any part thereof), or places an undue load on network resources;
(d) contains any virus, harmful component or corrupted data; or
(e) contains any advertising, promotion or solicitation.
You understand that CRIF cannot and will not undertake to approve or endorse any material uploaded, posted or published by you or by other users of the Services.
Notwithstanding that CRIF is under no obligation to read, approve or endorse material uploaded, posted or published in connection with the Services, in the event that CRIF becomes aware of, or a third party notifies CRIF that the third party believes that information or content posted or placed on the Services violates an applicable law or regulation, or violates, infringes, misappropriates any third party right or interest, or otherwise unlawfully harms or damages an individual or entity, CRIF may suspend service on part or all of the Services to which the allegations pertain.
CRIF further reserves the right to deny you access to the Services in the event CRIF believes that you may have violated the provisions of this Section or are otherwise in breach of this Agreement.
In addition, CRIF may, without notice, suspend all services to you hereunder, destroy any information or data entered by you on the Services, and/or block your access to the Services to the extent that CRIF is required by law or order of any court or regulatory agency to do so.
3.8 Linking. You may not link to the CRIF Website from any website without prior approval. If and where the CRIF Website or the Services provide links to any third party website, such website may not be under either CRIF control and accordingly will have no responsibility for, and does not make any representations or warranties with respect to, such website or any content, products or services in connection therewith, and CRIF does not endorse any of the same.
3.9 Compliance with Laws. You will comply with all applicable domestic and foreign laws, rules and regulations in connection with your use of the CRIF Website and the Services provided hereunder.
3.10 Changes to Services. CRIF reserves the right to change without notice, at its sole discretion, the content, presentation, performance, functionality and availability of the Services and the CRIF Website.
3.11 Ownership. All right, title and interest in and to the CRIF Website and the Services, including without limitation all information and related technology, shall remain with the Continuity Forum and/or its licensors (except with respect to content placed on the Services by you and certain other third parties), and you shall have no rights in the CRIF Website or the Services or any of CRIF's other intellectual property. You acknowledge such ownership and intellectual property rights and will not take any action to jeopardise, limit or interfere in any manner with CRIF or its licensors' ownership of or rights with respect to the same.
4. Term and Termination.
4.1 CRIF may, without terminating this agreement, suspend the provision of the Services or the CRIF Website in whole or in part until further notice without warning for any reason.
4.2 Full Members or partners may terminate this Agreement, with or without cause, at any time, in the case of termination by CRIF, by sending an email to your email address specified in your user profile and, in the case of a termination by you, by sending an email to CRIF at the email address specified on the CRIF Website.
4.3 All terms and conditions of this Agreement that are intended by their nature to survive termination of this Agreement shall survive termination and remain in full force, including but not limited to the terms and conditions concerning any disclaimers, intellectual property rights, duties of confidentiality, limitations of liability, duties of indemnification, and provisions regarding resolution of differences. Although each party's further rights and obligations cease immediately on termination of this agreement, termination does not affect a party's accrued rights and obligations at the date of termination.
5.1 Governing Law, Jurisdiction and Venue.
THIS AGREEMENT AND ALL RELATIONS BETWEEN THE PARTIES ARISING OUT OF THIS AGREEMENT (INCLUDING IN RELATION TO TORT OR ITS EQUIVALENT) SHALL BE GOVERNED BY THE LAWS OF ENGLAND AND WALES.
THE COURTS OF ENGLAND SHALL HAVE EXCLUSIVE JURISDICTION TO SETTLE ANY DISPUTE ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT AND YOU HEREBY SUBMIT TO THE JURISDICTION OF THE ENGLISH COURT.
THIS CLAUSE 5.1 IS FOR THE BENEFIT OF CRIF ONLY. AS A RESULT IT DOES NOT PREVENT CRIF FROM TAKING PROCEEDINGS RELATING TO A DISPUTE IN ANY OTHER COURTS WITH JURISDICTION AND TO THE EXTENT ALLOWED BY LAW, CRIF MAY TAKE CONCURRENT PROCEEDINGS IN ANY NUMBER OF JURISDICTIONS.
5.2 Conflict; Severability. In the event of any conflict between this Agreement and any procedures or requirements set out in the CRIF Website, the provisions of this Agreement will prevail.
If any provision of this Agreement is held to be invalid, void or illegal, it will be severed from this Agreement and will not affect, impair or invalidate any other provision, and it will be replaced by a provision which comes closest to such severed provision in language and intent without being invalid, void or illegal.
5.3 Amendment. CRIF may amend this Agreement at any time. Upon posting on the CRIF Website, the new terms are automatically effective and binding on you. If you do not wish to accept such amendment, you may terminate this Agreement pursuant to Clause 4. This Agreement may not be otherwise amended.
5.4 Assignment. You may not assign, transfer, change or otherwise seek to deal with any rights or obligations under this Agreement without the prior written consent of CRIF. CRIF may assign this Agreement.
5.5 No Implied Waiver. No right under this Agreement or breach hereof may be waived except in writing signed by the parties hereto. The failure of either party to require performance of any provision of this Agreement will not be construed as a waiver of such party's rights to insist on performance of such provision or any other provision at some other time.