Terms and Conditions of Use
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS WEBSITE.
THESE TERMS AND CONDITIONS APPLY EXCLUSIVELY TO YOUR USE AND ACCESS OF THE SITE. NOTHING HEREIN IS INTENDED TO, NOR DOES IT, ALTER, MODIFY OR CHANGE THE TERMS AND CONDITIONS OF ANY EXISTING AGREEMENT YOU HAVE WITH MARSH WITH RESPECT TO OTHER SERVICES. IN THE EVENT THAT THESE TERMS AND CONDITIONS ARE INCONSISTENT WITH THOSE TERMS AND CONDITIONS IN AN EXISTING AGREEMENT THAT YOU HAVE WITH MARSH, THE TERMS OF THAT AGREEMENT SHALL GOVERN.
Please note that these Terms and Conditions contain waivers by you of certain rights you may have against Marsh LLC, its subsidiaries and its affiliates ("Marsh," "we" or "us").
IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS AS AMENDED FROM TIME TO TIME, YOU MAY NOT USE OR OTHERWISE ACCESS THE www.marshspecialty.com/hallmark SERVICE AND SHOULD EXIT THE SITE.
This Site is not directed to or intended for individuals under 18 years of age.
Marsh is the commercial operator of this Site, although software, hosting and other functions and content may be provided by Marsh's service providers ("Service Providers") or merely in a business relationship with Marsh ("Business Partners"). Marsh's Service Providers and Business Partners are intended third-party beneficiaries of this Agreement to the extent of their provisions of content or services for the Site and with respect to use of this Site. The Site> is an electronic service platform provided by Marsh to provide Marsh clients, and colleagues, with a comprehensive integrated insurance policy management platform, and client servicing system, in a secure environment.
1. ACCEPTING THESE TERMS AND CONDITIONS: The provisions herein are referred to as the "Terms and Conditions" and constitute an agreement between you and Marsh. YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE READ THE TERMS AND CONDITIONS CAREFULLY, UNDERSTAND EACH OF THEM AND AGREE TO BE BOUND BY ALL OF THEM.
2. CHANGES TO TERMS AND CONDITIONS: Marsh reserves the rights, at its sole discretion, to change, modify, add or remove any portion of the Terms and Conditions, in whole or in part, at any time. This Agreement and notification of changes in the Terms and Conditions will be posted on the Site. Changes in this Agreement will be effective when notice of such changes has been posted. Your continued use of the Site after such changes are posted will constitute your agreement to such changed Terms and Conditions.
3. CHANGES TO SERVICE AND TERMINATION OF ACCESS: Marsh may change, modify, remove, suspend, discontinue or terminate any aspect of this Site or service including the availability of any features or content at any time without notice or liability. Marsh, in its sole discretion, may also impose limits or restrictions on certain services, features or content, terminate your access to parts or all of the Site or service and terminate all rights and licenses contained in these Terms and Conditions without notice or liability.
Marsh may also without notice or liability: (a) remove, modify or otherwise change any user's Site access for material breach of this Agreement; (b) supplement or make changes to its user access or security procedures with notice to Registered Users; and (c) change the type or location of equipment, facilities or software used by it in providing access to the Site or service, provided that no such action shall have the effect of amending or otherwise affecting the parties' respective obligations under any contract with Marsh. All obligations created before termination shall survive termination.
4. Registration: This Site is a private system. Access to the Site is only possible with a valid user ID and password. You will create a user account and set your password or your Marsh primary broker/account manager will create a user account and then send you an email with a link to the Site through which you will set your system password.
5. Marsh ID and Password: You shall be responsible for the security of your user ID and password and agree to take all reasonable precautions to protect the security and integrity of the ID and password and to prevent their unauthorized use. Your ID and password should never be shared with anyone. You will be solely responsible for all actions taken that use your ID and passwords, including all transmissions by you of electronic records and electronic signatures. "Electronic Records" refers to a record or information created, generated, sent, communicated, received or stored electronically. You will immediately notify us in writing by sending an email to MarshGlobalPrivacy@marsh.com if you become aware of any unauthorized access or use of your ID and password and/or the Site, or if your ID and/or password are lost or stolen. Such notice shall not release you from responsibility for such loss, theft, unauthorized access or use of your ID and password and/or the service prior to Marsh receiving such notice from you. Marsh shall be entitled to assess your password and, if they determine that you are using a password any of them considers insecure, Marsh may at its discretion require you to change the password and/or terminate your account.
You are prohibited from using any services or facilities provided in connection with this Site to compromise its security or tamper with system resources and/or accounts. The use or distribution of tools designed for compromising security (e.g., password guessing programs, cracking tools or network probing tools) is strictly prohibited. If you become involved in any violation of system security, Marsh reserves the right to release your details to system administrators at other websites in order to assist them in resolving security incidents. Marsh reserves the right to investigate suspected violations of this Agreement.
Marsh reserves the right to fully cooperate with any law enforcement authorities, or comply with any court order or subpoena requesting or directing Marsh to disclose any information concerning a user or registered user of the Site. BY ACCEPTING THIS AGREEMENT, YOU WAIVE AND HOLD HARMLESS MARSH, BUSINESS PARTNERS AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY MARSH, ITS BUSINESS PARTNERS OR SERVICE PROVIDERS DURING OR AS A RESULT OF ANY OF THEIR INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER MARSH, BUSINESS PARTNERS OR SERVICE PROVIDERS OR LAW ENFORCEMENT AUTHORITIES.
6. CONSENT TO ELECTRONIC TRANSACTIONS: Your affirmative actions in using this Site, such as clicking "I Accept", "Submit", "Yes" and the like and the uploading of data to us, signify that you agree to adopt and execute the action or electronic record with the intention to be legally bound. Such affirmative actions will have the same legal force, effect, validity and enforceability as if you affixed a written signature to the electronic record, and such electronic signature and electronic record shall be deemed to satisfy the writing and delivery requirements of any applicable law. You agree to transmit and receive electronic records through the Site via the Internet using your Passwords. Our electronic or other properly stored copy of such electronic signatures and electronic records shall be deemed to be the true, complete, valid, authentic and enforceable copy of them. You agree not to contest the admissibility, legal effect, validity or enforceability of such electronic signatures or electronic records in any proceedings arising out of use of the Site. You acknowledge that, regardless of whether you are using a web browser with security features, we are unable to ensure that data contained in any related Internet transmission between us will not be intercepted by third parties. You agree that we will not be liable should any such interception occur.
7. USER CONDUCT: You agree -
- Not to use the Site’s service in any manner which could damage, disable, overburden or impair the service or Site;
- Not to share your ID and password with any other user;
- Not to provide access to the Site to any other person authorized to act on your behalf. Any authorized user for your company or authorized third party (egg. Accounting Company) who requires such access and is approved by your company’s User Administrator should be supplied their own user ID and password;
- Not to interfere with the security of, or otherwise abuse, the Site service, or any services, system resources, accounts, servers or networks connected to or accessible through the Site or affiliated or linked sites;
- Not to upload, post or otherwise transmit through or on the Site any viruses or other harmful, disruptive or destructive files;
- Not to disrupt or interfere with any other person's use of the Site service or affiliated or linked sites;
- Not to use or attempt to use another user's ID and Passwords, account, service or system, to create or use a false identity on the Site service;
- Not to knowingly upload or post on the Site information which is untrue, incomplete or inaccurate;
- Not to transmit through or on the Site "spam", chain letters, junk mail or any other type of unsolicited mass email to people or entities who have not agreed to be part of such mailings;
- Not to post or otherwise disseminate on or through this Site harassing, defamatory, libelous, tortious, offensive, threatening, obscene or otherwise unlawful communications or materials of any kind, or materials which infringe or violate any third party's copyright, trademark, trade secrets, privacy or other proprietary or property right or that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable law;
- Not to attempt to obtain unauthorized access to the Site or portions thereof which are restricted from general access ("Limited Access Areas");
- Not to grant access or use of any Limited Access Area of the Site to any third party except as expressly authorized under these Terms;
- Not to use any robot, spider or other automatic device, or manual process to monitor, extract, collect, harvest or copy the web pages or any data or data fields contained at the Site including, but not limited to, personally identifiable information of any other user of the Site, or the names of customers of Marsh;
- Not to modify, assign, sublicense, sell or prepare derivative works of any materials on the Site nor to reproduce or publicly display, perform, distribute or otherwise use such materials except as expressly allowed herein;
- To retain, on all copies of any materials downloaded, all copyright, trademark, and other proprietary notices contained in the materials;
- To comply with all applicable laws or policies that are posted from time to time on the Site that relate to your use or activities on the Site.
8. INFORMATION PROVIDED BY CLIENTS: Information with respect to clients which has been provided by clients or their professionals or advisors has not been reviewed, checked or verified by Marsh. Marsh is not responsible for any of the information posted by such parties to the Site. However, Marsh reserves the right at all times to disclose any information provided by or relating to any client or their professionals or advisors to its Service Providers or other parties as necessary to satisfy any request of law enforcement authorities or any law, regulation or government request; or to edit, refuse to post or to remove any information or materials, in whole or in part, that in Marsh's sole discretion are objectionable or in violation of these Terms and Conditions, or to protect the security, integrity or confidentiality of this Site; or to provide services for or on behalf of Marsh. MARSH MAKES NO REPRESENTATION, WARRANTY OR ENDORSEMENT (EXPRESS OR IMPLIED) AS TO THE ADEQUACY, ACCURACY, RELIABILITY OR COMPLETENESS OF ANY DOCUMENT, INFORMATION OR STATEMENT POSTED ON THE SITE BY ANY CLIENT OR ITS PROFESSIONALS OR ADVISORS.
9. SANCTIONS AND EXPORT CONTROLS: Use of this Site and these Terms are expressly made subject to any economic or trade sanctions and export control laws, regulations, orders or other restrictions which may be imposed by the Government of the United States of America, the Government of Canada and other applicable laws.
Marsh does not provide insurance or reinsurance broking, risk consulting, claims or other services or provide any benefit to the extent that the provision of such services or benefit would violate applicable law or expose Marsh to any sanction, prohibition or restriction under United Nations Security Council Resolutions or under other trade or economic sanctions, laws or regulations.
You represent and warrant that neither you nor your organization is a Restricted Entity (defined below) nor are you or your organization using this Site or Marsh services on behalf of or for the benefit of a Restricted Entity or in connection with a transaction related to a Restricted Entity. "Restricted Entity" means (1) individual, regime, organization, vessel or aircraft designated as a sanctions target by the United Nations Security Council, or the governments of the United States, Canada, the United Kingdom or the European Union, or any other government in a country in which you are located or your organization operates, or (2) individual, regime, organization, vessel or aircraft owned or controlled by such a party, including without limitation, a party listed on the Specially Designated Nationals list published by the U.S. Department of the Treasury's Office of Foreign Assets Control.
You represent and warrant that any goods or technology for which trade credit or similar cover is being brokered by Marsh and in connection with whose export or sale the Site is being used are not subject to and are not being exported in violation of the export control or sanctions laws of the United Nations, United States, Canada, the United Kingdom, the European Union, or other applicable laws.
10. SYSTEM REQUIREMENTS: You acknowledge that you have the appropriate computer equipment and Internet access to use the Site and understand that your use of the Internet may incur certain operational costs such as monthly fees for a service provider.
11. DISCLAIMER OF WARRANTIES: Marsh shall not be responsible for the accuracy, completeness or use of any information received by you through the Site. THE SITE, INCLUDING ALL SOFTWARE, FUNCTIONS AND CONTENT, ARE PROVIDED ON AN "AS IS" OR "AS AVAILABLE" BASIS. MARSH MAKES NO REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, STATUTORY OR ARISING FROM COURSE OF CONDUCT, INCLUDING WITHOUT LIMITATION ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT. MARSH MAKES NO REPRESENTATION OR WARRANTY THAT ANY CONTENT, SOFTWARE OR FUNCTIONS ACCESSED THROUGH THE SITE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. SOME JURISDICTIONS DO NOT ALLOW FOR THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. MARSH RESERVES THE RIGHT, IN ITS SOLE DISCRETION, TO MAKE ANY CHANGES TO THE SITE, THE MATERIALS AND THE PRODUCTS, PROGRAMS, SERVICES OR PRICES (IF ANY) DESCRIBED IN THE SITE AT ANY TIME WITHOUT NOTICE.
12. LIMITATION OF DAMAGES: TO THE FULLEST EXTENT PERMITTED BY LAW, MARSH, ITS SERVICES PROVIDERS AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS SHALL NOT BE RESPONSIBLE TO YOU OR ANY THIRD PARTY FOR ANY TRANSMISSIONS NOT ACTUALLY RECEIVED OR FOR MALFUNCTIONS IN COMMUNICATIONS FACILITIES WHICH MAY AFFECT THE ACCURACY OR TIMELINESS OF THE ELECTRONIC RECORDS SENT, OR FOR ANY LOSSES, ERRORS OR DELAYS ARISING OUT OF YOUR USE OF ANY ACCESS SERVICE PROVIDER OR CAUSED BY ANY BROWSER SOFTWARE. IN NO EVENT SHALL MARSH, ITS SERVICE PROVIDERS, AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS, BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING BUSINESS INTERRUPTION, LOSS OF INFORMATION OR PROGRAMS OR OTHER DATA ON YOUR INFORMATION HANDLING SYSTEM), EVEN IF MARSH IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, RELATED TO YOUR USE OR ACCESS TO, OR YOUR INABILITY TO USE OR ACCESS, THE SITE, ITS CONTENT OR FUNCTIONS, OR ANY LINKED WEBSITE. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF MARSH, ITS SERVICES PROVIDERS, AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS, EXCEED ONE HUNDRED ($100), REGARDLESS OF THE CAUSE OF ACTION, WHETHER IN CONTRACT, TORT OR OTHERWISE. THE NEGATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN MARSH AND YOU. THIS SERVICE AND THE MATERIALS WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. THE LIMITATIONS OF LIABILITY AND DISCLAIMERS HEREIN CONTAINED APPLY REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, WARRANTY, STRICT LIABILITY, NEGLIGENCE OR OTHER TORT AND SHALL SURVIVE THE TERMINATION OF YOUR USE OR ACCESS TO THE SITE, A FUNDAMENTAL BREACH OR BREACHES, OR THE FAILURE OF THE ESSENTIAL PURPOSE OF CONTRACT OR THE FAILURE OF AN EXCLUSIVE REMEDY.
13. WAIVER, RELEASE AND INDEMNITY: You release, discharge and hold harmless MARSH, its respective directors, officers, employees and agents from any and all liability, claims or causes of action (known or unknown) arising out of our or their negligence in connection with the SITE including, without limitation, liabilities arising out of information posted on the SITE or otherwise provided by MARSH.
YOU ACKNOWLEDGE THAT YOU HAVE CAREFULLY READ THIS WAIVER AND RELEASE PARAGRAPH AND FULLY UNDERSTAND THAT IT IS A RELEASE OF LIABILITY. YOU ARE WAIVING ANY RIGHT THAT YOU MAY HAVE TO BRING A LEGAL ACTION TO ASSERT A CLAIM AGAINST US OR THE OTHER PARTIES SET OUT ABOVE FOR OUR OR THEIR NEGLIGENCE.
You further agree to indemnify and hold MARSH, its Service Providers and their respective directors, officers, employees and agents (the "Indemnified Parties") harmless from any breach of this Agreement by you, including use of the Site (other than as expressly authorized in this Agreement), or any allegation that information or materials that you provide to MARSH infringes the intellectual property, confidentiality, or other rights of any third party. You agree that the Indemnified Parties will have no liability in connection with any such breach or unauthorized use, and you agree to indemnify any and all resulting loss, damages, judgments, awards, costs, expenses, and attorneys' fees of the Indemnified Parties in connection therewith. You will also indemnify and hold the Indemnified Parties harmless from any claims brought by third parties arising out of your use of the information accessed from this Site.
14. NO FIDUCIARY OR CONTRACTUALLY IMPLIED RELATIONSHIP WITH MARSH: You acknowledge that by using the Site, no fiduciary, contractually implied or other relationship is created between you and Marsh other than the express contractual relationship provided in the Terms and Conditions and any other written agreement you have entered into with Marsh.
15. LICENSE TO MARSH TO USE INFORMATION: Marsh does not claim ownership of the materials you may provide to Marsh (including documents, feedback and suggestions), or upload, input or submit to the Site. However, by uploading files, inputting information or otherwise communicating on, to or through the Site, you hereby grant to us a perpetual, worldwide, irrevocable, non-exclusive, royalty-free, transferable (with right to grant sublicenses through multiple sublicenses) license to use, copy, adapt, distribute, display, reproduce, transmit, modify and edit feedback and suggestions you provide on this Site or regarding this Site, in all media now known or hereafter developed, on the Site and otherwise in accordance with the procedures outlined on the Site (including our Online Privacy Statement. Marsh may include, on an anonymous basis, information relating to your insurance program in benchmarking, modeling and other analytics offerings.
17. LINKS TO AND FROM OTHER SITES: As a convenience to you, the Site may contain links to websites operated by other entities. If you follow those links, you will leave this Site. If you decide to visit any linked website, you do so at your own risk and it is your responsibility to take all protective measures to guard against viruses or other destructive elements. Marsh makes no warranty or representation regarding, and does not endorse, approve of, sponsor or recommend any linked websites or the information appearing thereon or any of the products or services described thereon. Links do not imply that Marsh sponsors, endorses, is affiliated or associated with, or is legally authorized to use any trademark, trade name, logo or copyrighted material displayed in or accessible through the links, or that any linked site is authorized to use any trademark, trade name, logo or copyrighted material of Marsh. Any such site may contain material, data or information provided, posted or offered by third parties, including but not limited to advertisements and postings in online community discussions. You agree that neither Marsh nor its Business Partners, or Service Providers shall have any liability whatsoever to you for any such third party material, data or information.
All links to this Site must be approved in writing by Marsh. Marsh reserves the right to revoke consent to a link at any time in its sole discretion.
18. TELEPHONE AND COMMUNICATION CHARGES AND EQUIPMENT: You are solely responsible for any and all telephone and other communications charges and equipment costs relating to your use of the Site. All transmissions by you via the Site shall be at your sole risk and Marsh shall not be responsible for any communications line failure, equipment or systems failure or other such occurrence.
19. LIMITED LICENSE: Subject to your compliance with all terms and conditions set forth herein, Marsh grants you a non-exclusive, non-transferable, revocable, limited right to access, use and display the Site, and the visible text, graphics and images thereon and to view and download such text, graphics and images only in connection with the services Marsh provides. Except as expressly provided in these Terms and Conditions, we do not grant to you any express or implied right or license of any intellectual property including patent, trademark, copyright, trade secret or confidential information of Marsh.
20. COPYRIGHT: The Site, including its content and materials, including without limitation all software, functions, organization, design, content, HTML code, compilation, magnetic translation, digital conversion, graphics and other files and matters related to this Site, as well as their overall coordination, selection and arrangement ("Materials"), are protected by United States copyright laws, international conventions and other copyright laws. All rights are reserved. All Materials are either owned, controlled or licensed by Marsh. You agree to comply with all applicable copyright laws in your use of this Site and to prevent any unauthorized copying of the Materials. You will abide by this and any and all additional copyright notices, information or restrictions contained in any of the Materials. Although you may print and download certain items posted on the Site and pages from the Site without the express written consent of Marsh (provided that you maintain all copyright and other notices contained therein), you may not otherwise prepare derivative works based upon such content, nor may such content be modified, copied, distributed, framed, reproduced, republished, downloaded, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without prior written permission of the copyright owner. No such activity may be competitive with or derogatory to Marsh and no such express or implied right is granted. You may not distribute any of the content of any of the Site to any other person unless that person accepts all obligations under these Terms. Any copyright owner consent may be revoked at any time, and such consent does not include consent to republish Site information on any other Internet, Intranet or Extranet site or to incorporate the information in any other database or compilation, unless expressly given in writing. Any other use of the content of this Site is strictly prohibited.
21. SOFTWARE: Any software as well any files, images generated by such software, code and data accompanying such software (collectively the "Software") used or accessible through the Site are the copyrighted works of Marsh and/or its licensors. Marsh retains full and complete title to and all intellectual property rights it may own or license in the Software. Marsh grants to you a non-exclusive, non-transferable (without the right to grant sublicenses), limited license to use the Software for the sole purposes as provided in these Terms and Conditions or in any other applicable written document.
22. TRADEMARKS: Marsh graphics, logos and service marks are trademarks and service marks of Marsh. As such, they may not be copied, imitated or used, in whole or part, without the prior written consent of the Marsh. All other trademarks, service marks, logos, certification marks, collective marks or trade dress, and www.marshspecialty.com/hallmark marks (collectively "Trademarks") appearing in this Site are the property of Marsh or Business Providers or Service Providers. No such Trademarks may be copied, imitated, or used, in whole or in part, without prior written permission of the owner of the relevant Trademark. All page headers, custom graphics, button icons, and scripts are Trademarks owned by Marsh or its Business Partners or Service Providers which may not be copied, imitated, or used, in whole or in part, without the relevant owner's prior written permission. No rights to use any Trademarks are granted under these Terms and Conditions. Certain company names and products mentioned on the Site may be claimed as Trademarks by their respective owners, who may not be affiliated with Marsh, its Business Partners or Service Providers.
23. RESERVATION OF RIGHTS: Marsh’s products, services, methods and processes may be covered by one or more patents or other statutory intellectual property rights, and are subject to trade secret and other proprietary rights. Marsh reserves all such rights.
24. U.S. Site: Access to the Site is open only to the clients of Marsh and their authorized officers and employees and their insurers. The Site is controlled, operated and administrated from Marsh's offices within the United States or Canada. Marsh makes no representation that any materials contained on the Site or features provided on or through the Site or otherwise by Marsh are appropriate or permitted in all locations. Those who access this Site from other jurisdictions are responsible for compliance with local laws.
25. LANGUAGE: You and we acknowledge that each has requested that these Terms and Conditions, all ancillary documents and this Site be drawn up in the English language only.
26. GOVERNING LAW: These Terms and Conditions shall be governed and construed in accordance with the laws of the United States of America and the State of New York, without giving effect to conflicts-of-law principles thereof. You agree to submit to the personal jurisdiction of the state and federal courts located in New York County with respect to any legal proceedings arising out of this agreement and waive any objection to the propriety or convenience of venue in such courts. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of this Site or these terms and conditions must be filed within one (1) year after such claim or cause of action arises. If any provision of the terms is found by a court of competent jurisdiction to be invalid or unenforceable, such provision shall be enforced to the maximum extent permissible and the other provisions of the terms shall remain in full force and effect.
27. GENERAL: These Terms and Conditions constitute the entire agreement between Marsh and you with respect to your use of the Site and service, and supersede all prior or contemporaneous agreements, with respect to the subject matter hereof. No modification of this Agreement shall be effective unless signed in blue ink by an officer of Marsh or posted by Marsh on this Site. These Terms are not intended to alter the terms or conditions of any other agreement you may have with Marsh to the extent that those agreements govern issues other than your use of this Site. We may assign our rights and obligations under these Terms and Conditions but you may not. Any cause of action you may have with respect to your use of this service or which is the subject of these Terms and Conditions must be commenced within one (1) year after the claim or cause of action arises. Any waiver of any rights of either party must be in writing, signed by the waiving party, and any such waiver shall not operate as a waiver of any future breach of these Terms and Conditions. The language in these Terms and Conditions shall be interpreted as to its fair meaning and not strictly for or against either party. If for any reason a court of competent jurisdiction finds any provision of these Terms and Conditions or portion thereof to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to affect the intent of these Terms and Conditions, and the remainder of these Terms and Conditions shall continue in full force and effect.
28. ACCEPTANCE: You may accept the Terms and Conditions by clicking on the “Accept” button on the Login page. Your action in clicking on that button signifies that you agree to be bound by these Terms and Conditions. Such acceptance and agreement shall be deemed to be as effective as if execution of the Terms and Conditions were by a written signature performed manually by you, and these Terms and Conditions shall be deemed to satisfy any writing requirements of any applicable law. Our electronic or other properly stored copy of these Terms and Conditions shall be deemed to be the true, complete, valid, authentic and enforceable copy of these Terms and Conditions and you agree not to contest the admissibility or enforceability of these Terms and Conditions in a court for any proceedings arising out of these Terms and Conditions or use of the Site.
Last updated: May 2, 2018