FORTIUM INSURANCE COMPANY LIMITED
WEBSITE TERMS AND CONDITIONS
PRIVACY POLICY | COOKIE POLICY | LEGAL NOTICES
Last Updated: 1 July 2026
1. ACCEPTANCE OF TERMS
1.1 These Terms and Conditions ("Terms") constitute a legally binding agreement between you ("User", "you", "your") and Fortium Insurance Company Limited ("Fortium", "Company", "we", "us", "our"), a Bermuda-domiciled Class 3B commercial insurer with its registered office at Crawford House, 50 Cedar Avenue, Hamilton HM 11, Bermuda.
1.2 These Terms govern your access to and use of the website located at www.fortiuminsurance.com (the "Website") and all content, services, features, tools, and resources available through the Website. By accessing, browsing, or using the Website, you acknowledge that you have read, understood, and agree to be bound by these Terms, our Privacy Policy, and Cookie Policy, all incorporated herein by reference.
1.3 IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT ACCESS OR USE THE WEBSITE. Your continued use of the Website following the posting of changes to these Terms constitutes acceptance of those changes.
1.4 These Terms apply to all visitors, users, insureds, prospective insureds, brokers, MGAs, reinsurers, service providers, and others who access the Website, regardless of whether they transact business with the Company.
2. DEFINITIONS
"Applicable Laws" means all laws, regulations, regulatory requirements, codes of practice, and guidance applicable to the Website and its use, including Bermuda law, the EU General Data Protection Regulation (EU) 2016/679 ("GDPR"), the UK Data Protection Act 2018, the California Consumer Privacy Act ("CCPA") as amended by the California Privacy Rights Act ("CPRA"), the Virginia Consumer Data Protection Act ("CDPA"), the Colorado Privacy Act ("CPA"), the Connecticut Data Privacy Act ("CTDPA"), the Utah Consumer Privacy Act ("UCPA"), the Bermuda Personal Information Protection Act 2016 ("PIPA"), and all other applicable data protection and privacy legislation.
"Content" means all text, graphics, images, photographs, videos, audio, data, information, software, documents, materials, and other content available on or through the Website.
"Personal Information" or "Personal Data" means any information relating to an identified or identifiable natural person, as defined under Applicable Laws.
"Services" means the insurance, reinsurance, fronting, and related services offered by Fortium through or in connection with the Website.
"User Account" means a registered account created by a User to access certain features or Services of the Website.
3. USE OF THE WEBSITE
3.1 Eligibility. You must be at least 18 years of age and have the legal capacity to enter into binding contracts to use this Website. By using the Website, you represent and warrant that you meet these requirements.
3.2 Permitted Use. You may use the Website only for lawful purposes and in accordance with these Terms. You agree not to use the Website:
(a) in any way that violates any Applicable Law;
(b) to transmit, or procure the sending of, any advertising or promotional material, including any "junk mail", "chain letter", "spam", or any other similar solicitation;
(c) to impersonate or attempt to impersonate the Company, a Company employee, another User, or any other person or entity;
(d) to engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Website, or which, as determined by us, may harm the Company or Users of the Website, or expose them to liability;
(e) to introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful;
(f) to attempt to gain unauthorised access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website;
(g) to attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
3.3 Account Registration. Certain features of the Website may require you to register an account. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete. You are responsible for safeguarding your account credentials and for all activities that occur under your account. You agree to notify us immediately of any unauthorised access to or use of your account.
3.4 Account Security. The Company will not be liable for any loss or damage arising from your failure to comply with the above security obligations. We reserve the right to disable any User Account at any time if, in our opinion, you have failed to comply with any provision of these Terms.
3.5 Insurance Transactions. The Website may allow Users to request quotes, submit applications, or initiate insurance transactions. All such requests are subject to underwriting review, due diligence, and acceptance by the Company. Submission of a request through the Website does not create a binding contract of insurance. All insurance policies are subject to separate policy terms, conditions, and endorsements.
3.6 No Reliance. The Content on the Website is provided for general information purposes only and does not constitute professional, legal, financial, or insurance advice. You should not rely on the Website Content as a substitute for professional advice.
4. PRIVACY AND DATA PROTECTION
4.1 Privacy Policy. Your use of the Website is also governed by our Privacy Policy, which is incorporated into these Terms by reference. By using the Website, you consent to the collection, use, and disclosure of your Personal Information as described in the Privacy Policy.
4.2 Data Controller. For purposes of the GDPR and UK data protection law, Fortium Insurance Company Limited is the data controller responsible for Personal Information collected through the Website. Our registered address is Crawford House, 50 Cedar Avenue, Hamilton HM 11, Bermuda. We have appointed a Data Protection Officer who can be contacted at dpo@fortiuminsurance.com.
4.3 Legal Basis for Processing (GDPR). Where GDPR applies, we process Personal Information on the following legal bases:
(a) Contract: processing necessary for the performance of a contract with you or to take steps at your request prior to entering into a contract (e.g., providing insurance quotes);
(b) Consent: processing based on your specific, informed, and freely given consent (e.g., marketing communications, non-essential cookies);
(c) Legal Obligation: processing necessary to comply with a legal obligation (e.g., regulatory reporting, AML/ATF compliance);
(d) Legitimate Interests: processing necessary for our legitimate interests or those of a third party, provided your interests and fundamental rights do not override those interests (e.g., fraud prevention, Website security, business analytics).
4.4 Bermuda PIPA Compliance. Where Bermuda's Personal Information Protection Act 2016 applies, we collect, use, and disclose personal information in accordance with its eight privacy principles: accountability, identifying purposes, consent, limiting collection, limiting use/disclosure/retention, accuracy, safeguards, and individual access.
4.5 Cross-Border Data Transfers. Personal Information may be transferred to and processed in jurisdictions outside your country of residence, including Bermuda, the United States, the United Kingdom, and the European Union. We ensure appropriate safeguards are in place for such transfers, including:
(a) Standard Contractual Clauses (SCCs) approved by the European Commission or UK ICO;
(b) Adequacy decisions by the European Commission;
(c) Other legally recognised transfer mechanisms.
By using the Website, you consent to the transfer of your information to jurisdictions that may have different data protection laws than your jurisdiction.
4.6 Data Retention. We retain Personal Information only for as long as necessary to fulfil the purposes for which it was collected, including for the purposes of satisfying any legal, regulatory, accounting, or reporting requirements. For insurance-related data, this typically means the duration of the policy term plus 7 years, or such longer period as may be required by Applicable Laws.
4.7 Security. We implement appropriate technical and organisational measures to protect Personal Information against unauthorised access, alteration, disclosure, or destruction. These measures include encryption, access controls, firewalls, regular security assessments, and staff training. However, no internet transmission is completely secure, and we cannot guarantee absolute security.
4.8 Children's Privacy. The Website is not intended for children under 16 years of age. We do not knowingly collect Personal Information from children under 16. If you are a parent or guardian and believe your child has provided Personal Information, please contact us immediately.
5. UNITED STATES STATE PRIVACY RIGHTS
5.1 CALIFORNIA PRIVACY RIGHTS (CCPA/CPRA). IF YOU ARE A CALIFORNIA RESIDENT, the following provisions apply to you in addition to the general privacy provisions above:
(a) Categories of Personal Information Collected. We may collect the following categories of personal information: identifiers (name, email, phone); commercial information (insurance records, transaction history); internet activity (browsing history, interactions with Website); geolocation data; professional or employment information; and inferences drawn from the above.
(b) Categories of Sensitive Personal Information. We may collect sensitive personal information including: Social Security numbers; driver's licence numbers; account numbers; precise geolocation; and health information (for insurance underwriting purposes only).
(c) Purposes of Collection. We collect personal information for the following business purposes: providing insurance services; processing claims; communicating with you; fraud prevention; legal compliance; analytics; and marketing (with consent where required).
(d) Categories of Third Parties to Whom Personal Information is Disclosed. We may disclose personal information to: service providers; reinsurers; MGAs and brokers; legal and professional advisers; regulators (including BMA); and analytics providers.
(e) Sale or Sharing of Personal Information. Fortium does NOT sell personal information to third parties for monetary consideration. We do not "share" personal information for cross-context behavioural advertising purposes.
(f) Your California Rights. Subject to certain exceptions, California residents have the right to:
(i) Know: request disclosure of the specific pieces of personal information we have collected about you;
(ii) Access: request disclosure of the categories of personal information collected, sources, business/commercial purposes, and categories of third parties;
(iii) Delete: request deletion of personal information collected from you, subject to certain exceptions (e.g., where retention is necessary for legal compliance, fraud prevention, or to complete a transaction);
(iv) Correct: request correction of inaccurate personal information;
(v) Opt-Out: opt-out of the sale or sharing of personal information (not applicable as we do not sell/share);
(vi) Limit Use of Sensitive Personal Information: request that we limit the use of sensitive personal information to that which is necessary to perform the services or provide the goods reasonably expected;
(vii) Non-Discrimination: not be discriminated against for exercising your privacy rights.
(g) Exercising Your Rights. To exercise your California privacy rights, contact us at dpo@fortiuminsurance.com. We will verify your identity before processing your request, which may require you to provide government-issued identification. You may designate an authorised agent to make requests on your behalf by providing signed written permission.
(h) Shine the Light Law. California residents may request information about our disclosure of personal information to third parties for their direct marketing purposes. As we do not engage in such disclosures, this request is not applicable.
5.2 VIRGINIA CONSUMER DATA PROTECTION ACT (CDPA). IF YOU ARE A VIRGINIA RESIDENT, you have the following rights regarding your personal data:
(a) Right to confirm whether a controller is processing your personal data and to access such data;
(b) Right to correct inaccuracies in your personal data;
(c) Right to delete personal data provided by or obtained about you;
(d) Right to obtain a copy of your personal data in a portable and readily usable format;
(e) Right to opt out of the processing of personal data for purposes of targeted advertising, sale of personal data, or profiling in furtherance of decisions that produce legal or similarly significant effects.
Fortium does not sell personal data or engage in profiling producing legal effects. To exercise your Virginia privacy rights, contact us at dpo@fortiuminsurance.com.
5.3 COLORADO PRIVACY ACT (CPA). IF YOU ARE A COLORADO RESIDENT, you have rights substantially similar to those described in Section 5.2 above. Fortium recognises your rights under the CPA to access, correct, delete, and port your personal data, and to opt out of targeted advertising and sale. To exercise your Colorado privacy rights, contact us at dpo@fortiuminsurance.com.
5.4 CONNECTICUT DATA PRIVACY ACT (CTDPA). IF YOU ARE A CONNECTICUT RESIDENT, you have rights substantially similar to those described in Section 5.2 above. To exercise your Connecticut privacy rights, contact us at dpo@fortiuminsurance.com.
5.5 UTAH CONSUMER PRIVACY ACT (UCPA). IF YOU ARE A UTAH RESIDENT, you have the right to: (a) confirm whether Fortium is processing your personal data and access that data; (b) delete personal data you provided; (c) obtain a portable copy of your personal data; and (d) opt out of the sale of personal data and targeted advertising. To exercise your Utah privacy rights, contact us at dpo@fortiuminsurance.com.
5.6 Other US States. If you are a resident of a US state that has enacted comprehensive consumer privacy legislation not listed above, and those laws apply to Fortium's processing of your personal information, we will comply with the applicable requirements. Please contact us at dpo@fortiuminsurance.com to exercise any rights available to you under your state's laws.
5.7 NOTICE TO NEVADA RESIDENTS. Under Nevada law, certain Nevada consumers may opt out of the sale of "covered information" for monetary consideration to a person for that person to license or sell the information to additional persons. Fortium does not engage in such sales.
6. COOKIE POLICY AND CONSENT
6.1 Use of Cookies and Similar Technologies. The Website uses cookies, web beacons, pixels, tags, scripts, and similar technologies (collectively, "Cookies") to recognise your browser or device, learn more about your interests, provide essential Website features, and provide you with a better experience. By using the Website, you consent to our use of Cookies in accordance with this Cookie Policy, except where your prior consent is specifically required for non-essential Cookies.
6.2 What Are Cookies. Cookies are small text files that are placed on your computer, smartphone, or other device when you visit a website. They are widely used to make websites work more efficiently, as well as to provide information to the website owners. Cookies can be "session cookies" (which are deleted when you close your browser) or "persistent cookies" (which remain on your device for a set period or until you delete them).
6.3 Categories of Cookies We Use. We use the following categories of Cookies:
(a) STRICTLY NECESSARY COOKIES (Essential). These Cookies are necessary for the Website to function properly and cannot be switched off in our systems. They enable core functionality such as page navigation, security, session management, and access to secure areas of the Website. You can set your browser to block these Cookies, but some parts of the Website will not work. These Cookies do not store any personally identifiable information. LEGAL BASIS: Legitimate interest in providing a functional website.
(b) PERFORMANCE/ANALYTICS COOKIES. These Cookies allow us to count visits and traffic sources so we can measure and improve the performance of our Website. They help us know which pages are the most and least popular and see how visitors move around the Website. All information collected by these Cookies is aggregated and anonymous. LEGAL BASIS: Your consent (under GDPR/ePrivacy) or legitimate interest (under other jurisdictions).
(c) FUNCTIONALITY COOKIES. These Cookies enable the Website to provide enhanced functionality and personalisation. They may be set by us or by third-party providers whose services we have added to our pages. If you do not allow these Cookies, some or all of these services may not function properly. LEGAL BASIS: Your consent.
(d) TARGETING/ADVERTISING COOKIES. These Cookies may be set through our Website by our advertising partners. They may be used by those companies to build a profile of your interests and show you relevant advertisements on other sites. They do not directly store personal information but are based on uniquely identifying your browser and internet device. LEGAL BASIS: Your consent.
6.4 Consent Management. When you first visit the Website, you will be presented with a cookie consent banner that allows you to:
(a) Accept all Cookies;
(b) Reject non-essential Cookies (only Strictly Necessary Cookies will be used);
(c) Customise your Cookie preferences by category.
You can change your Cookie preferences at any time by clicking the "Cookie Settings" link in the footer of the Website. Your consent preferences will be stored for 12 months, after which you will be prompted to renew your choices.
6.5 Third-Party Cookies. Some Cookies are placed by third parties on our behalf, including:
(a) Google Analytics (performance/analytics);
(b) Other third-party services.
These third parties may combine information collected through Cookies with information they collect from other websites. We do not control third-party Cookies. Please review the privacy and cookie policies of these third parties for more information.
6.6 Browser Controls. Most web browsers allow you to manage Cookies through their settings preferences. To find out more about Cookies, including how to see what Cookies have been set and how to manage and delete them, visit www.allaboutcookies.org or www.aboutcookies.org.
6.7 Do Not Track Signals. Some browsers have a "Do Not Track" feature that signals to websites that you do not want to have your online activities tracked. The Website does not currently respond to Do Not Track signals. However, you can opt out of non-essential Cookies through our Cookie Settings tool.
6.8 Web Beacons and Pixels. In addition to Cookies, we may use web beacons, pixels, and similar technologies to track your interaction with emails we send and to analyse the effectiveness of our marketing campaigns. You can disable these by setting your email client to display emails in plain text or by blocking images.
6.9 Changes to Cookie Policy. We may update this Cookie Policy from time to time to reflect changes in the Cookies we use or for other operational, legal, or regulatory reasons. Please re-visit this section regularly to stay informed about our use of Cookies.
7. INTELLECTUAL PROPERTY RIGHTS
7.1 Ownership. The Website and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, audio, design, selection, and arrangement thereof) are owned by Fortium, its licensors, or other providers of such material and are protected by Bermuda, United Kingdom, United States, and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
7.2 Trademarks. The Fortium name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of Fortium or its affiliates or licensors. You must not use such marks without the prior written permission of Fortium. All other names, logos, product and service names, designs, and slogans on the Website are the trademarks of their respective owners.
7.3 Limited Licence. Subject to these Terms, Fortium grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable licence to access and use the Website for your personal, non-commercial use. This licence does not include:
(a) any resale or commercial use of the Website or its Content;
(b) any collection or use of any product listings, descriptions, or prices;
(c) any derivative use of the Website or its Content;
(d) any downloading or copying of account information for the benefit of another merchant;
(e) any use of data mining, robots, or similar data gathering and extraction tools.
7.4 Prohibited Actions. You must not:
(a) reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Website, except as incidental to normal browsing;
(b) delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from the Website;
(c) access or use for any commercial purposes any part of the Website or any services or materials available through the Website.
7.5 Feedback. If you provide Fortium with any feedback, suggestions, ideas, or other information ("Feedback"), you hereby assign to Fortium all rights in such Feedback and agree that Fortium shall have the right to use such Feedback and related information in any manner it deems appropriate without restriction or compensation to you.
7.6 DMCA NOTICE (US). If you are a copyright owner or authorised to act on behalf of one, and you believe that copyrighted work has been copied in a way that constitutes copyright infringement on the Website, please send a notice containing the following information to our designated DMCA agent at dpo@fortiuminsurance.com:
(a) a physical or electronic signature of the copyright owner or authorised agent;
(b) identification of the copyrighted work claimed to have been infringed;
(c) identification of the material that is claimed to be infringing;
(d) your contact information;
(e) a statement that you have a good faith belief that the use is not authorised;
(f) a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorised to act on behalf of the copyright owner.
8. DISCLAIMERS AND WARRANTIES
8.1 No Warranty. THE WEBSITE AND ALL CONTENT, SERVICES, AND FEATURES AVAILABLE THROUGH THE WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, FORTIUM DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, OR TRADE USAGE.
8.2 No Guarantee of Accuracy. While we endeavour to keep the information on the Website up to date and correct, Fortium makes no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability, or availability of the Website or the information, products, services, or related graphics contained on the Website for any purpose. Any reliance you place on such information is strictly at your own risk.
8.3 No Insurance Advice. The Content on the Website does not constitute an offer, solicitation, or recommendation to purchase any insurance product or service. Insurance coverage is subject to underwriting approval, policy terms, conditions, and exclusions. The Website does not create an agent-principal, broker-client, or fiduciary relationship between you and Fortium solely by virtue of your use of the Website.
8.4 Third-Party Links. The Website may contain links to third-party websites or services that are not owned or controlled by Fortium. Fortium has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You acknowledge and agree that Fortium shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such websites or services.
8.5 No Uninterrupted Access. Fortium does not warrant that the Website will be available at all times or that access will be uninterrupted, timely, secure, or error-free. We do not warrant that any defects will be corrected, that the Website or the server that makes it available are free of viruses or other harmful components, or that the Website is compatible with your computer equipment or software.
8.6 User-Generated Content. The Website may allow Users to post, submit, or transmit content. Fortium does not endorse, support, represent, or guarantee the completeness, truthfulness, accuracy, or reliability of any User-generated content. You acknowledge that any reliance on such content is at your own risk.
8.7 Disclaimer of Professional Advice. Nothing on the Website constitutes legal, financial, accounting, tax, or insurance advice. Users should consult with appropriate professional advisers before making any decisions based on information obtained from the Website.
9. LIMITATION OF LIABILITY
9.1 Exclusion of Consequential Damages. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL FORTIUM, ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, LICENSORS, OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR IN CONNECTION WITH YOUR ACCESS TO OR USE OF (OR INABILITY TO ACCESS OR USE) THE WEBSITE, ANY CONTENT ON THE WEBSITE, OR ANY SERVICES OBTAINED THROUGH THE WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT FORTIUM HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE.
9.2 Cap on Liability. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, FORTIUM'S TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE WEBSITE SHALL NOT EXCEED THE GREATER OF: (A) THE AMOUNT YOU HAVE PAID TO FORTIUM FOR ACCESS TO OR USE OF THE WEBSITE IN THE TWELVE (12) MONTHS PRIOR TO THE EVENT GIVING RISE TO LIABILITY; OR (B) USD $1,000.
9.3 Essential Purpose. The limitations of liability set out in this Section 9 apply regardless of the form of action, whether in contract, tort (including negligence), strict liability, or otherwise, and shall survive any termination of these Terms. The exclusions and limitations of damages set forth above are fundamental elements of the basis of the bargain between Fortium and you.
9.4 Jurisdictional Limitations. Some jurisdictions do not allow the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above exclusions and limitations may not apply, and you may have additional rights. Nothing in these Terms shall exclude or limit Fortium's liability for:
(a) death or personal injury caused by its negligence;
(b) fraud or fraudulent misrepresentation;
(c) any liability that cannot be excluded or limited under applicable law.
10. INDEMNIFICATION
10.1 User Indemnity. You agree to defend, indemnify, and hold harmless Fortium, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to:
(a) your violation of these Terms;
(b) your use of the Website, including but not limited to your User-Generated Content, any use of the Website's content, services, and products other than as expressly authorised in these Terms;
(c) your violation of any Applicable Law or the rights of a third party;
(d) any information you provide to Fortium that is inaccurate, misleading, or incomplete.
10.2 Cooperation. Fortium reserves the right, at your expense, to assume the exclusive defence and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defence of such claims.
10.3 Survival. This indemnification obligation shall survive the termination of these Terms and your use of the Website.
11. ARBITRATION AND DISPUTE RESOLUTION
11.1 INFORMAL RESOLUTION. BEFORE FILING ANY CLAIM OR COMMENCING ANY PROCEEDING, YOU AND FORTIUM AGREE TO FIRST ATTEMPT TO NEGOTIATE ANY DISPUTE INFORMALLY FOR AT LEAST THIRTY (30) DAYS. TO BEGIN THIS PROCESS, YOU MUST SEND A WRITTEN NOTICE OF THE DISPUTE TO DPO@FORTIUMINSURANCE.COM, INCLUDING: (A) YOUR NAME AND CONTACT INFORMATION; (B) A DESCRIPTION OF THE DISPUTE; AND (C) THE RELIEF YOU SEEK. IF THE DISPUTE IS NOT RESOLVED WITHIN 30 DAYS, EITHER PARTY MAY PROCEED IN ACCORDANCE WITH THIS SECTION 11.
11.2 BINDING ARBITRATION. EXCEPT FOR DISPUTES THAT QUALIFY FOR SMALL CLAIMS COURT OR FOR INJUNCTIVE OR OTHER EQUITABLE RELIEF, ANY DISPUTE, CONTROVERSY, OR CLAIM ARISING OUT OF OR RELATING TO THESE TERMS, THE WEBSITE, OR ANY SERVICES PROVIDED THROUGH THE WEBSITE, INCLUDING THE FORMATION, INTERPRETATION, BREACH, TERMINATION, ENFORCEMENT, OR VALIDITY HEREOF, SHALL BE DETERMINED BY BINDING ARBITRATION ADMINISTERED BY THE INTERNATIONAL CENTRE FOR DISPUTE RESOLUTION ("ICDR") IN ACCORDANCE WITH ITS INTERNATIONAL ARBITRATION RULES.
11.3 ARBITRATOR SELECTION. THE ARBITRATION SHALL BE CONDUCTED BY A SINGLE ARBITRATOR APPOINTED IN ACCORDANCE WITH THE ICDR RULES. THE ARBITRATOR SHALL BE AN ATTORNEY OR RETIRED JUDGE WITH EXPERIENCE IN INSURANCE, TECHNOLOGY, AND COMMERCIAL LAW. IF THE PARTIES CANNOT AGREE ON AN ARBITRATOR WITHIN 30 DAYS, THE ICDR SHALL APPOINT THE ARBITRATOR.
11.4 ARBITRATION LOCATION AND LANGUAGE. THE SEAT OF ARBITRATION SHALL BE NEW YORK, NEW YORK, USA. THE ARBITRATION SHALL BE CONDUCTED IN THE ENGLISH LANGUAGE. THE ARBITRATOR MAY CONDUCT HEARINGS BY VIDEO CONFERENCE OR TELECONFERENCE WHERE APPROPRIATE.
11.5 WAIVER OF JURY TRIAL. TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AND FORTIUM HEREBY IRREVOCABLY AND UNCONDITIONALLY WAIVE ANY RIGHT TO A TRIAL BY JURY IN ANY LEGAL PROCEEDING ARISING OUT OF OR RELATING TO THESE TERMS, THE WEBSITE, OR THE SERVICES. THIS WAIVER APPLIES TO ALL CLAIMS, INCLUDING CLAIMS BASED ON CONTRACT, TORT, STATUTE, OR ANY OTHER LEGAL THEORY.
11.6 WAIVER OF CLASS ACTIONS AND CONSOLIDATION. YOU AND FORTIUM AGREE THAT ANY PROCEEDINGS, WHETHER IN ARBITRATION OR COURT, WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. YOU EXPRESSLY WAIVE ANY RIGHT TO PARTICIPATE IN CLASS ACTIONS, PRIVATE ATTORNEY GENERAL ACTIONS, CLASS-WIDE ARBITRATIONS, OR ANY OTHER PROCEEDING WHERE A PARTY ACTS IN A REPRESENTATIVE CAPACITY. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS AND MAY NOT PRESIDE OVER ANY FORM OF REPRESENTATIVE OR CLASS PROCEEDING. IF THIS WAIVER IS FOUND TO BE UNENFORCEABLE, THEN THE ENTIRETY OF THIS ARBITRATION PROVISION SHALL BE NULL AND VOID.
11.7 GOVERNING LAW FOR ARBITRATION. THE ARBITRATION SHALL BE GOVERNED BY THE FEDERAL ARBITRATION ACT ("FAA") (9 U.S.C. § 1 ET SEQ.) TO THE FULLEST EXTENT PERMITTED BY LAW, WITHOUT REGARD TO CONFLICT OF LAW PRINCIPLES. THE ARBITRATOR SHALL APPLY THE SUBSTANTIVE LAW SET OUT IN SECTION 12 OF THESE TERMS.
11.8 ARBITRATOR'S AUTHORITY AND AWARD. THE ARBITRATOR SHALL HAVE EXCLUSIVE AUTHORITY TO RESOLVE ANY DISPUTE RELATING TO THE INTERPRETATION, APPLICABILITY, ENFORCEABILITY, OR FORMATION OF THESE TERMS, INCLUDING ANY CLAIM THAT ALL OR ANY PART OF THESE TERMS IS VOID OR VOIDABLE. THE ARBITRATOR'S AWARD SHALL BE FINAL AND BINDING ON THE PARTIES AND MAY BE ENTERED AS A JUDGMENT IN ANY COURT OF COMPETENT JURISDICTION.
11.9 COSTS OF ARBITRATION. EACH PARTY SHALL BEAR ITS OWN COSTS AND ATTORNEYS' FEES IN CONNECTION WITH THE ARBITRATION, UNLESS THE ARBITRATOR DETERMINES THAT A DIFFERENT ALLOCATION OF COSTS IS WARRANTED UNDER THE CIRCUMSTANCES. THE FILING FEES AND ADMINISTRATIVE FEES OF THE ICDR SHALL BE BORNE AS DETERMINED BY THE ARBITRATOR.
11.10 CONFIDENTIALITY OF ARBITRATION. THE ARBITRATION PROCEEDINGS AND THE ARBITRATOR'S AWARD SHALL BE KEPT CONFIDENTIAL BY THE PARTIES, EXCEPT AS MAY BE NECESSARY TO ENFORCE THE AWARD OR AS REQUIRED BY LAW.
11.11 INJUNCTIVE RELIEF. NOTWITHSTANDING THE FOREGOING, EITHER PARTY MAY SEEK INJUNCTIVE OR OTHER EQUITABLE RELIEF FROM A COURT OF COMPETENT JURISDICTION TO PREVENT IRREPARABLE HARM PENDING THE ARBITRATOR'S DETERMINATION. ANY APPLICATION FOR INTERIM MEASURES SHALL NOT BE DEEMED A WAIVER OF THE OBLIGATION TO ARBITRATE.
11.12 OPT-OUT. YOU MAY OPT OUT OF THIS ARBITRATION PROVISION BY SENDING WRITTEN NOTICE OF YOUR DECISION TO OPT OUT TO [LEGAL@FORTIUMINSURANCE.COM] WITHIN [THIRTY (30)] DAYS OF FIRST ACCEPTING THESE TERMS. YOU MUST INCLUDE: (A) YOUR NAME AND ADDRESS; (B) THE EMAIL ADDRESS YOU USED TO REGISTER ON THE WEBSITE; AND (C) A CLEAR STATEMENT THAT YOU WISH TO OPT OUT OF THE ARBITRATION AGREEMENT. IF YOU OPT OUT, ALL OTHER TERMS OF THESE TERMS SHALL CONTINUE TO APPLY.
11.13 SURVIVAL. THIS SECTION 11 SHALL SURVIVE THE TERMINATION OF THESE TERMS AND YOUR USE OF THE WEBSITE.
12. GOVERNING LAW AND JURISDICTION
12.1 Governing Law. These Terms and any dispute or claim arising out of or in connection with them (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of Bermuda, without giving effect to any choice or conflict of law provision or rule.
12.2 Jurisdiction for Non-Arbitrable Matters. Subject to Section 11 (Arbitration), any legal suit, action, or proceeding arising out of or related to these Terms or the Website that is not subject to arbitration shall be instituted exclusively in the courts of Bermuda. You waive any objection to the laying of venue in any such court and any claim that any such proceeding has been brought in an inconvenient forum.
12.3 EU Consumers. If you are a consumer resident in the European Union, you may also bring proceedings in the courts of the EU member state in which you reside, and mandatory provisions of the law of the country in which you reside may apply.
12.4 US Jurisdictional Statement. Fortium is a Bermuda company with its principal place of business in Bermuda. The Website is directed to persons in Bermuda, the United States, the United Kingdom, and other jurisdictions where Fortium conducts business. Fortium makes no representation that the Website is appropriate or available for use in locations other than those intended. THOSE WHO ACCESS THE WEBSITE FROM OTHER LOCATIONS DO SO AT THEIR OWN INITIATIVE AND ARE RESPONSIBLE FOR COMPLIANCE WITH LOCAL LAWS.
13. GENERAL PROVISIONS
13.1 Entire Agreement. These Terms, together with the Privacy Policy and Cookie Policy, constitute the entire agreement between you and Fortium regarding the Website and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Website.
13.2 Severability. If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be modified to the minimum extent necessary to make it valid and enforceable, or if modification is not possible, severed from these Terms. The remaining provisions shall continue in full force and effect. The invalidity of any provision in a particular jurisdiction shall not affect the validity of that provision in any other jurisdiction.
13.3 Waiver. No waiver by Fortium of any term or condition set out in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition. Any failure by Fortium to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.
13.4 Assignment. You may not assign or transfer these Terms, by operation of law or otherwise, without Fortium's prior written consent. Any attempt to assign or transfer without such consent shall be void. Fortium may assign or transfer these Terms, in whole or in part, at any time without restriction and without notice to you.
13.5 Force Majeure. Fortium shall not be liable for any failure or delay in performing its obligations under these Terms where such failure or delay results from causes beyond Fortium's reasonable control, including but not limited to acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, shortages of transportation, facilities, fuel, energy, labour, or materials, telecommunications failures, internet service provider failures, or malware attacks.
13.6 No Agency. No agency, partnership, joint venture, or employment relationship is created as a result of these Terms, and you do not have any authority of any kind to bind Fortium in any respect whatsoever.
13.7 Electronic Communications. By using the Website, you consent to receiving electronic communications from Fortium. These electronic communications may include notices about applicable fees and charges, transactional information, and other information concerning or related to the Website. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing.
13.8 Language. These Terms are prepared in the English language. If there is any conflict between the English language version and any translation, the English language version shall prevail.
13.9 Headings. The headings in these Terms are for convenience only and shall not affect the interpretation of these Terms.
13.10 Third-Party Beneficiaries. Except as otherwise expressly provided in these Terms, there shall be no third-party beneficiaries to these Terms.
13.11 Statute of Limitations. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE WEBSITE OR THESE TERMS MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
13.12 Export Controls. You may not use, export, import, or transfer the Website or any Content except as authorised by Bermuda law, the laws of the jurisdiction in which you obtained the Website, and any other Applicable Laws. In particular, but without limitation, the Website may not be exported or re-exported: (a) into any United States embargoed countries; or (b) to anyone on the US Treasury Department's Specially Designated Nationals List or the US Department of Commerce Denied Persons List or Entity List. By using the Website, you represent and warrant that you are not located in any such country or on any such list.
13.13 Changes to Terms. Fortium reserves the right, in its sole discretion, to modify, amend, or update these Terms at any time. When we make material changes, we will post the updated Terms on the Website and update the "Last Updated" date at the top of this page. We may also notify you by email or through a notice on the Website. Your continued use of the Website following the posting of revised Terms means that you accept and agree to the changes. You are expected to check this page frequently so you are aware of any changes.
13.14 Termination. Fortium may terminate or suspend your access to all or part of the Website, with or without notice, for any conduct that Fortium, in its sole discretion, believes is in violation of these Terms or any Applicable Law, or is harmful to the interests of another user, a third party, or Fortium. Upon termination, your right to use the Website will immediately cease. All provisions of these Terms which by their nature should survive termination shall survive, including without limitation, intellectual property provisions, warranty disclaimers, limitations of liability, indemnification, and arbitration provisions.
14. CONTACT INFORMATION
If you have any questions, concerns, or complaints about these Terms, the Website, or our privacy practices, please contact us at:
Fortium Insurance Company Limited
Crawford House, 50 Cedar Avenue
Hamilton HM 11, Bermuda
Email: dpo@fortiuminsurance.com
BY USING THE WEBSITE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS, OUR PRIVACY POLICY, AND OUR COOKIE POLICY.