Terms and Conditions

Last Updated: December 16, 2022
Effective Date: December 16, 2022

PLEASE READ THESE TERMS CAREFULLY BEFORE USING THIS SITE AS THEY AFFECT YOUR LEGAL RIGHTS. THESE TERMS CONTAIN A BINDING ARBITRATION AGREEMENT & CLASS ACTION WAIVER WHICH LIMITS YOUR RIGHTS TO BRING AN ACTION IN COURT, BRING A CLASS ACTION, AND HAVE DISPUTES DECIDED BY A JUDGE OR JURY. IT ALSO CONTAINS PROVISIONS THAT LIMIT OUR LIABILITY TO YOU AND REQUIRE YOU TO INDEMNIFY US.

These Terms and Conditions (the “Terms”) apply to the Hamilton Insurance Group website (https://www.hamiltongroup.com) as well as any other website, application, software, or application that link to these Terms, and any email communications you have with the Hamilton Group (collectively, the “Site”).

By accessing or using this Site, you represent that you are at least 18 years old or the age of majority in your country or jurisdiction, and you agree to be bound by these terms and conditions. If you access or use the Site on behalf of a legal entity, (a) all references to “you” throughout these Terms will include that legal entity, (b) you represent that you are authorized to accept these Terms on that legal entity’s behalf, and (c) in the event you or the legal entity violates these Terms, the legal entity agrees to be responsible for your or the legal entity’s actions.

If you do not agree with or accept any of these terms and conditions, you are not authorized to use the Site and your sole remedy is to cease using the Site immediately. As a condition of your use of the Site, you warrant that you will not use the Site for any purpose that is unlawful or prohibited by these terms and conditions.

  1. Regulatory and Broker Agency Issues

The Site is made available to you by Hamilton Insurance Group, Ltd., and its subsidiaries (the “Hamilton Group”), for information purposes only. The Hamilton Group includes insurance and reinsurance companies licensed or otherwise approved or accredited or eligible to transact insurance and/or reinsurance business in various countries and various states of the United States. Certain products and services described on the Site are not available to all users of the Site because of insurance regulatory restrictions. Non-U.S. companies within the Hamilton Group, such as Hamilton Re, Ltd. (“Hamilton Re”), are not licensed to transact (re)insurance business in the U.S. In all applicable circumstances, any broker transacting business with Hamilton Re (“Broker”) acknowledges that it is not an agent of and has no authority to act on behalf of or bind Hamilton Re and will not hold itself out as having such authority. In case of any contract negotiations with a Reinsured, Broker is recognized as the intermediary negotiating the contract as the reinsured’s agent for all purposes. All communications relating thereto (including, but not limited to,, notices, statements, premiums, return premiums, commissions, taxes, losses, loss adjustment expense, salvages, and loss settlements) shall be transmitted to the Reinsured or Hamilton Re through the Broker. Broker further acknowledges that any authorization by Hamilton Re shall be a tentative indication, and coverage shall be effective only upon the earlier of (i) Hamilton Re’s written acceptance of signed lines or (ii) Hamilton Re’s signature of a slip, treaty or interests and liability agreement.

  1. Availability of the Site

While Hamilton Group makes every effort to ensure that the Site is available, Hamilton Group does not represent, warrant or guarantee in any way that there is continued availability at all times or of uninterrupted use by you of the Site. Your use of this Site is at the sole discretion of Hamilton Group. Hamilton Group may deny you access to the Site or any portion thereof at any time, without notice and with or without cause. Further, Hamilton Group reserves the right to suspend or cease the operation of the Site from time to time at its sole discretion.
You are responsible for making all arrangements necessary for you to have access to the Site. You are also responsible for ensuring that all persons who access the Site through your internet connection are aware of these terms and conditions, and that they comply with them.

  1. Proper Conduct & Prohibited Uses

While using the Site, you are required to comply with all applicable statutes, orders, regulations, rules and other laws. You may not use the Site for any fraudulent or unlawful purpose, and you may not take any action to interfere with the Site or any other party’s use of the Site. You warrant that when using the Site you shall not:
(1) resell or transfer any Content (as defined in Section 4 below) of the Site;
(2) impersonate, or otherwise misrepresent your affiliation with any other person or entity;
(3) modify, falsify, or delete any attributions, legends, marks, notices, or any other proprietary designation of the origin or source of any material (including Content) appearing on the Site;
(4) copy, transmit, reproduce, modify, create derivative works of, distribute or in any way exploit any information, content, component or other material obtained through the Site (other than as expressly permitted by these terms and conditions);
(5) violate, attempt to violate or assist, intentionally, negligently or otherwise, in any violation of the confidentiality or security of any information provided to Hamilton Group by other Site users;
(6) use any robot, spider, or other automatic device, or manual process, to monitor or copy the Site pages or the contents contained therein without the prior, expressed written permission of Hamilton Group; or
(7) violate or facilitate any violation 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.
The permission to use the Site granted by the Terms automatically terminates if you breach any of the terms and conditions contained herein. As described in Section 4 below, any unauthorized use of any Content contained in this Site may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications statutes and regulations.
Hamilton Group reserves its right to prevent you from accessing the Site if you do not comply with any part of these terms and conditions.

  1. Intellectual Property Rights

All images, text, programs, and other materials and content (collectively, the “Content”) provided on this Site are protected by law, including copyright law, intellectual property rights laws and international treaties. Any intellectual property rights subsisting in the Content on the Site belongs to Hamilton Group and its subsidiaries and/or its licensors. All rights are reserved for the benefit of Hamilton Group and/or its licensors. Nothing in these terms and conditions grants you any rights in the Site or the Content contained therein. You are granted permission to display, copy, distribute and download the Content on this Site for personal, non-commercial use only, provided you: (i) keep intact all copyright and other proprietary notices; (ii) make no modifications to the Content on this Site; (iii) do not use the Content on this Site in a manner that suggests an association with any products, services, or brands; and (iv) do not download the Content to a database that can be used to avoid future downloads from the Site. Except as stated herein, none of the Content may be copied, reproduced, republished, downloaded, displayed, modified, transmitted, licensed, transferred, sold or distributed by any means or otherwise exploited in any manner, including but not limited to electronic, mechanical, photocopying, recording or otherwise, without the express prior written permission of Hamilton Group or it is clearly indicated that any document or information may be downloaded and used. The names, logos, taglines and other marks identifying Hamilton Group and its products and services are proprietary or licensed marks of Hamilton Group. Any other trademarks and service marks are the property of their respective owners. These Terms do not grant you the right to use any trademark, service mark or logo appearing on the Site for any purpose whatsoever.
To the extent that you submit, upload, post or transmit any content or information (“User Content”) through the Site (or through any third party social media platforms directed at Hamilton Group), you grant to us (or warrant that the owner of such information and material has expressly granted to us) a royalty-free, perpetual, sublicensable, irrevocable, and unrestricted right and license: (a) to use, reproduce, display, modify, adapt, publish, perform, translate, transmit and distribute or otherwise make available to others such User Content (in whole or in part and for any purpose) worldwide; (b) to incorporate such User Content in other works in any form, media, product, service or technology now known or hereafter developed for any purpose, including sale, manufacture or advertising (and to exercise all intellectual property rights associated with such products or other works); and (c) to use your name, screen name, location, photograph, image, voice, likeness and biographical information provided in connection with the User Content in any and all media and for advertising or promotional purposes. Notwithstanding the foregoing, please note that any personally identifiable information you submit to us through our “contact us” forms, product order pages, job application portals or other forms that are intended to be confidential will be handled in accordance with our and will not be publicly disclosed, except as described in our or otherwise approved by you. You shall not upload, post or otherwise make available on or through the Site any User Content protected by copyright, trademark or other proprietary right of any third party without the express written permission of the owner of such right(s). You shall be solely liable for any damages resulting from any infringement of copyright, trademark, proprietary rights, or any other harm resulting from such User Content.

  1. Content

As described in Section 6 below (Disclaimers), while Hamilton Group endeavors to ensure that the information posted on the Site is accurate, Hamilton Group does not represent, warrant or promise (whether express or implied) that any information is or remains accurate, complete and up-to-date, or fit or suitable for any purpose.

  1. Downloads

The Site may allow you to download certain Content, applications, software, and other information or materials. Hamilton Group makes no representation that such download will be error or malware free or fit for a particular purpose. Certain downloads may be subject to a separate agreement either with the Company or a third party.

  1. Disclaimers

YOU AGREE THAT ANY USE OF THE SITE IS AT YOUR SOLE RISK AND THAT THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. ALL INFORMATION CONTAINED ON THIS SITE IS PROVIDED WITHOUT GUARANTIES OF COMPLETENESS, ACCURACY OR TIMELINESS AND WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. HAMILTON GROUP DOES NOT WARRANT THAT THIS SITE, OR ANY OTHER WEB SITES THAT MAY BE LINKED OR ACCESSIBLE THROUGH THIS SITE, WILL BE UNINTERRUPTED, ERROR FREE, FREE OF VIRUSES, DEFECTS OR HARMFUL COMPONENTS, COMPATIBLE WITH YOUR COMPUTER EQUIPMENT OR FIT FOR ANY PURPOSE.
TO THE FULLEST EXTENT PERMITTED BY LAW, HAMILTON GROUP DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED INCLUDING, BUT NOT LIMITED TO: (A) ANY WARRANTY FOR CONTENT, INFORMATION, DATA, SERVICES, UNINTERRUPTED ACCESS, OR PRODUCTS PROVIDED THROUGH OR IN CONNECTION WITH THE SITE; (B) ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, USEFULNESS, OR CONTENT OF INFORMATION, OR SERVICES OFFERED ON OR THROUGH THE SITE; (C) ANY WARRANTIES THAT THE SITE OR ANY DOWNLOADED MATERIALS FROM THE SITE ARE FREE OF VIRUSES, WORMS, TROJAN HORSES OR OTHER HARMFUL COMPONENTS; AND (D) ANY WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR WARRANTIES OF NON-INFRINGEMENT.
The information contained in this Site is not an offer or an invitation to invest in the shares of Hamilton Group, or purchase or sell any insurance or reinsurance contracts, products or services or otherwise deal in these or enter into a contract with Hamilton Group or any other company. The information provided should not be relied upon in connection with any investment decision. You should always seek appropriate professional advice in relation to such investment decisions.

  1. Limitation of Liability

UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, SHALL HAMILTON GROUP BE LIABLE FOR ANY DAMAGES, DIRECT, INDIRECT, INCIDENTAL, AND/OR CONSEQUENTIAL, INCLUDING WITHOUT LIMITATION BODILY INJURY, EMOTIONAL DISTRESS OR DISCOMFORT, OR PHYSICAL DAMAGE RESULTING FROM OR IN ANY WAY RELATED TO YOUR USE OF THE SITE, INCLUDING BUT NOT LIMITED TO:

  1. YOUR USE, REFERENCE TO OR RELIANCE ON ANY INFORMATION OR DOWNLOAD OBTAINED ON OR THROUGH THIS SITE;
  2. ANY ERROR OR INACCURACIES IN ANY INFORMATION OR MATERIAL WITHIN OR RELATING TO THE SITE;
  3. THE UNAVAILABILITY OF THE SITE FOR WHATSOEVER REASON, OR ANY REPRESENTATION OR STATEMENT MADE ON THE SITE; OR
  4. ANY STATEMENT OR REPRESENTATION MADE ON THE SITE.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
For the avoidance of doubt, Hamilton Group does not exclude or limit its liability for death or personal injury arising from its negligence, for any fraudulent misrepresentation made by Hamilton Group on the Site or for any other statutory rights that are not capable of being excluded.
If you are accessing the Site from outside Bermuda or any territory at which this Site is directed at, you are responsible for ensuring that your use of the Site is in accordance with the laws of the country of your residence or the jurisdiction from which you are accessing the Site. Hamilton Group disclaims and excludes all liability howsoever arising and of whatsoever nature to you in the event that your use of the Site is contrary to the laws of your country of residence or from which you are accessing the Site.

  1. Hyperlinks and Third Party Sites

This Site may contain hyperlinks to web sites owned and operated by parties other than Hamilton Group. Such hyperlinks are provided only for your convenience. We do not control such third party web sites and are not responsible for their contents. The inclusion of hyperlinks on the Site does not mean that we endorse or approve of any third party website to which you may have access through the linked web sites. Hamilton Group does not guarantee the sequence, accuracy, or completeness of any information or data displayed through such sites. We accept no liability for any information, products or services contained in, or which may be linked to through, these third party web sites or for any action you may take as a result of linking to any such website. Each of the web sites to which you may link are likely to set forth specific terms and conditions of use that you should review.

  1. Termination

You may terminate these Terms at any time by providing written notice of termination to Hamilton Group at [email protected]. If Hamilton Group has reason to suspect that you have breached these Terms, or that any of your information is not authorized, correct, current and complete, Hamilton Group may, in addition to taking or reserving any other remedies against you, terminate your access to the Site without notice or liability, at any time and for any or no reason in its sole and absolute discretion. Any suspension or termination of your access to the Site shall not affect provisions of these Terms, such as indemnification and limitations of liability, that are by their nature intended to survive such suspension, termination, or cancellation. Upon termination of these Terms for any reason, you must immediately destroy any downloaded or printed materials. Your use of the Site after termination will be a violation of this Section, which survives any termination. Even after the termination of these Terms or of your account or access to the Site, any User Content you have submitted may remain on the Site indefinitely.

  1. Indemnity

You agree to indemnify, defend and hold harmless Hamilton Group, its directors, officers, employees, agents, licensors, attorneys, independent contractors, providers, subsidiaries and affiliates (collectively, the “Hamilton Group Indemnitees”) from and against any and all claim, loss, expense, or demand or liability, including attorneys’ fees and costs, incurred by the Hamilton Group 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 the Site in violation of these terms and conditions or in violation of any applicable law. You agree to cooperate with us as reasonably required in the defense of any such claims. The Hamilton Group 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 Hamilton Group.

  1. Security

Although Hamilton Group endeavors to take appropriate measures to protect the security of the information communicated through the Site, the internet is an open network that is not secure and there is an inherent risk that any transmission via the internet may be intercepted, modified, misdirected, or not be delivered to the intended recipient. In addition, there is also an inherent risk that information stored on a computer connected to the internet may be accessed without authorization. As no internet-connected computer system can be made absolutely secure from intrusion, Hamilton Group cannot and does not guarantee that information displayed on the Site has not been modified by others without authorization or that information communicated by you to us will be received or that it will not be altered before or after its transmission to us. If you elect to use this Site to communicate with us, you do so at your own risk. All users of the Site should be aware that to facilitate Hamilton Group’s security and compliance all activity on this site may be monitored and records of any activity retained in accordance with the terms of our Privacy Notice.

  1. Remedies for Misuse

You agree that any unauthorized use of the Site or its Contents may cause Hamilton Group immediate and irreparable harm for which money damages may not constitute an adequate remedy. You further agree that injunctive relief, in addition to any other remedies available, may be warranted in order to enforce these terms and conditions. You further understand that unauthorized use of the Site may expose you to civil and criminal liability and that we may report violations of these terms and conditions to and cooperate fully with the appropriate law enforcement authorities concerning any violations hereof.

  1. Dispute Resolution; Arbitration

PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.

  1. Arbitration. Any dispute, claim or controversy arising out of or relating to these Terms or the , or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of these Terms to arbitrate, shall be determined by binding arbitration in Bermuda before one arbitrator. You may be entitled to an in-person hearing near your place of residence. Judgment on the award may be entered in any court having jurisdiction. This clause shall not preclude the parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. Any arbitration arising out of or related to these Terms shall be conducted in accordance with the expedited procedures set forth in the JAMS Comprehensive Arbitration Rules and Procedures as those Rules exist on the effective date of these Terms, including Rules 16.1 and 16.2 of those Rules. The rights of the parties shall be governed by and construed in accordance with the laws of Bermuda.
  2. No Class Actions. YOU AND HAMILTON GROUP AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Hamilton Group agree otherwise, the arbitrator may not consolidate more than one person’s claims with your claims, and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this arbitration provision shall be null and void. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim.
  3. Confidentiality. The parties shall maintain the confidential nature of the arbitration proceeding and the Award, including the hearing, except as may be necessary to prepare for or conduct the arbitration hearing on the merits, or except as may be necessary in connection with a court application for a preliminary remedy, a judicial challenge to an award or its enforcement, or unless otherwise required by law or judicial decision.
  4. Injunctive Relief. Notwithstanding the foregoing, you and we both agree that you or we may sue in court to enjoin infringement or other misuse of intellectual property rights or in other scenarios where injunctive relief is appropriate. In the event a court or arbitrator having jurisdiction finds any portion of this Agreement unenforceable, that portion shall not be effective and the remainder of the Agreement shall remain effective. No waiver, express or implied, by either party of any breach of or default under this Agreement will constitute a continuing waiver of such breach or default or be deemed to be a waiver of any preceding or subsequent breach or default.
  5. Information for Users in Certain Geographic Locations. ARBITRATION MAY NOT APPLY TO YOU IF YOU ARE A RESIDENT OF CERTAIN JURISDICTIONS (E.G., THE UNITED KINGDOM, THE EUROPEAN UNION) AND SUBJECT TO CERTAIN DIRECTIVES AND REGULATIONS (E.G., THE ALTERNATIVE DISPUTE RESOLUTION DIRECTIVE (2013/11/EU) AND THE ONLINE DISPUTE RESOLUTION REGULATION (EU 524/2013)). SUBSECTIONS (A)-(C) OF THIS SECTION WILL NOT APPLY TO YOU IF NOT PERMITTED BY LAW. If Subsections (a)-(c) do not apply to you, the following terms will apply:
    These terms and conditions are governed and construed in accordance with the laws of Bermuda. You hereby consent to the exclusive jurisdiction of the Bermuda courts in all disputes arising out of or relating to the use of this Site. Use of this Site is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph.YOU AND HAMILTON GROUP WAIVE TO THE FULLEST EXTENT PERMITTED BY LAW ANY RIGHT TO A TRIAL BY JURY WITH RESPECT TO ANY DISPUTE, CONTROVERSY OR CLAIM ARISING OUT OF OR IN CONNECTION WITH THESE TERMS AND CONDITIONS.
  1. Consent to Electronic Communication

When you use the Site or send communications to us through the Site, you are communicating with Hamilton Group electronically. You consent to receive electronically any communications related to your use of the Site. Hamilton Group may communicate with you by email or by posting notices on the Site. You agree that all agreements, notices, disclosures and other communications that are provided to you electronically satisfy any legal requirement that such communications be in writing. All notices from Hamilton Group intended for receipt by you shall be deemed delivered and effective when sent to the email address you provide to Hamilton Group.
 

  1. Additional Hamilton Policies and Agreements

These Terms apply exclusively to your access to and use of, the Site and do not alter in any way the terms or conditions of any other agreement you may have with us for products, services, programs or otherwise. Additional policies and terms may apply to use of specific portions of a Site and to the purchase of certain products or services.
Other terms and policies that you may be subject to include but are not limited to:

  • Privacy notices
  • Employment agreements
  • Product and service agreements

The privacy notice of Hamilton Group’s operations can be found at . You should refer to this privacy notice in order to fully understand how we use and collect personal information.
Should we employ you, none of the materials provided on a Site constitute or should be considered part or of an employment contract or an offer for employment.

  1. Changes to these Terms

Hamilton Group reserves the right to vary these terms and conditions from time to time.  Please check the “Last Updated” legend at the top of this page to see when these Terms were last revised. When changes are made to these Terms they will become immediately effective when published on this page unless otherwise noted. Hamilton Group encourages you to periodically review these Terms―there may have been changes to our policies that may affect you. If you do not agree to the Terms as modified, then you must discontinue your use of our Site. Your continued use of the Site will signify your continued agreement to the Terms as revised. Such efforts might include posting notice on the Site or sending an email to the address we have on file for you.

  1. General

These terms and conditions contain the entire understanding and agreement between Hamilton Group and you in relation to your use of the Site and supersede and replace any representation, statement or other communication (whether written or otherwise) made by you or Hamilton Group which is not contained herein. Should any part of these terms and conditions for any reason be declared invalid or unenforceable by a court of a competent jurisdiction, it shall be deemed to be deleted without affecting the remaining provisions. The captions used in these Terms appear solely for convenience and such captions do not constitute any part of the terms and conditions. Any rights not expressly granted herein are reserved by Hamilton Group. Hamilton Group may assign these Terms at any time with or without notice to you. You may not assign or sublicense these Terms or any of your rights or obligations under these Terms without our prior written consent.
Pursuant to 47 U.S.C. Section 230(d) as amended, Hamilton Group hereby notifies you that parental control protections (such as computer hardware, software or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available at OnGuard Online. Please note that we do not endorse any of the products or services listed at such Sites.

  1. Contact Us

If you have questions about these Terms, or if you have technical questions about the operation of a Site, please contact us at:
Wellesley House North, 1st Floor,
90 Pitts Bay Road,
Pembroke HM08 Bermuda
+1 (441) 405-5200
[email protected]
 
 

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