Terms

Thank you for visiting icwi.com (the “Site”). The Site is controlled and operated by Insurance Company of the West Indies (ICWI), who is also the producer and brand owner of ICWI, having its principal place of business in Kingston Jamaica and hereinafter referred to as “ICWI”.

These Terms and Conditions of Use expressly incorporate by reference and include any other guidelines, rules or disclaimers that may be posted or updated on specific web pages herein or on any notice sent to you.

When entering icwi.com (the “Site), you agree to the following Terms and Conditions of Use. If you do not agree to these Terms and Conditions of Use, please do not use this Site. ICWI reserves the right, at our complete discretion, to change, modify, add, or remove portions of this policy at any time. We encourage you to review these Terms and Conditions of Use from time to time because any changes are binding on you:

1. You must be 18 years of age to use this Site.

2. Material from this Site may not be copied, reproduced, distributed, republished, uploaded, posted, or transmitted in any way without the prior written consent of ICWI. Neither title nor intellectual property rights are transferred to you by use of or access to this Site; rather, all rights, title and interest in and to all aspects of the Site remain the property of ICWI. Material on this Site is provided for lawful purposes only.

3. UNDER NO CIRCUMSTANCES SHALL ICWI OR ITS AFFILIATES, SUBSIDIARIES, PARENT OR RELATED COMPANIES BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT OR PUNITIVE DAMAGES), HARM, OR INJURY THAT RELATE TO, ARISE OUT OF, OR RESULT FROM THE USE OF, OR ACCESS TO, OR THE INABILITY TO USE, ANY OF THE MATERIALS OF THIS SITE, OR ARE CAUSED BY ANY FAILURE OF PERFORMACE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATIONAL TRANSMISSION, COMPUTER VIRUS OR LINE FAILURE. THE MATERIAL ON THIS SITE COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. THE MATERIALS ON THIS SITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAWS, ICWI DISCLAIMS LIABILITY FOR NEGLIGENCE AND DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. ICWI DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT THE CONTENTS WILL BE CORRECT, ACCURATE OR RELIABLE, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU (AND NOT ICWI) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.

4. All remarks, suggestions, ideas, creative concepts, graphics, or other information communicated through this Site or otherwise sent to ICWI, including without limitation, product or advertising ideas, (collectively, the Submission) will forever be the exclusive property of ICWI, who will not be required to treat the Submission as confidential, and will not be liable for any use whatsoever or disclosure of the Submission, and need not provide any compensation or acknowledgement for the Submission. Without limitation, ICWI will have exclusive ownership of all present and future existing rights to the Submission of every kind and nature anywhere, including the right to use, reproduce, modify, adapt, publish, transmit, create derivative works from, distribute, perform and display such Submission. You agree not to submit any infringing, unlawful, threatening, libellous, defamatory, obscene, or pornographic material that could constitute or encourage criminal or unlawful conduct, or material containing spam or advertising content. You acknowledge that you are responsible for whatever Submission you send, and you, not ICWI, have full responsibility for the message, including its legality, reliability, and originality. By submitting content to this Site you agree that ICWI has the right to remove and delete postings for any reason whatsoever, or for no reason at all. ICWI reserves the right to filter all posts and submissions from individuals who display persistent behaviour contrary to the Terms and Conditions of Use governing use of this Site.

Compliance with Digital Millennium Copyright Act

It is our policy to promptly respond to claims of copyright infringement. If you believe that an infringing copyrighted work is accessible on this Site, you may notify us by sending the following information to the email addresses listed below:

a. The signature of a person authorized to act on behalf of the owner of the copyright. This signature can be physical or electronic.

b. A statement that this person is authorized to act on behalf of the copyright owner.

c. A statement that this person has a good faith belief that the use of the material in the complained-of manner is not authorized either by the copyright owner, by the owner26% agent, or by law;

d. A description of the copyrighted work that you claim has been infringed, and a description of where the allegedly infringing material is located on the Site; and

e. Your address, telephone number, and e-mail address.

Please put “Notice of Infringement” in the subject line of all such notifications, and send the notification to: info@icwi.com

We will process and investigate all notices of alleged infringement as required by the DMCA, and will remove or disable access to any material claimed to be infringing or claimed to be the subject of infringing activity. When we remove or disable access to any material claimed to be infringing, we may attempt to contact the user who has posted such material in order to give that user an opportunity to respond to the notification. If the user posting the material gives a counter-notification claiming that the use is authorized, we will furnish that counter-notification to the complaining party, and will give the complaining party an opportunity to seek judicial relief under the DMCA before we replace or restore access to any material. We will terminate access to those users who are repeat infringers.

6. This Site contains links to other Internet sites and resources. ICWI is not responsible for the availability of external sites or resources linked to this Site, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. Transactions that occur between you and the third party are strictly between you and the third party and are not the responsibility of ICWI. Because ICWI is not responsible for the availability of these outside resources or their content, you should review the Terms and Conditions of Use of these linked sites, as their policies may differ from ours. You should direct any concerns regarding any external link to its site administrator or Webmaster.

7. This agreement shall be governed in accordance with the laws of Jamaica, notwithstanding any principles of conflicts of laws. Except as described otherwise, all materials in this Site are made available only to provide the point of view of icwi.com, and makes no representation that these materials are appropriate or available for use in other locations. If you use this Site from other locations, you are responsible for compliance with the applicable local laws.

8. The following trademarks and all related logos and designs used herein are owned by ICWI and/or its affiliates, subsidiaries, parent or related companies: The use or misuse of these trademarks or any content of this Site, except as provided above, is strictly prohibited. All other trademarks are the property of the respective trademark owners.

9. This Site is protected by copyright as a collective work and/or compilation, pursuant to U.S. copyright laws, international conventions and other copyright laws. Except as set forth in these Terms and Conditions of Use, you may not modify, adapt, translate, exhibit, publish, transmit, participate in the transfer or sale of, reproduce (except as provided in this section of the Terms and Conditions of Use), create derivative works from, distribute, perform, display, reverse engineer, decompile or disassemble, or in any way exploit, any of the content, software, materials or Site in whole or in part.

You may access the Site for your personal, non-commercial use only, but may not reproduce or post the content anywhere on the Internet or elsewhere. Copying or storing of any content for other than personal, non-commercial use is expressly prohibited without the prior written permission from ICWI or the copyright holder identified in the individual content 26% proprietary notices including copyright notice.

10. A user must be at least 18 years of age to visit this Site. In order to provide parents with tools to prevent their young children from visiting our Site, we have submitted our URL to the following sites for Internet filtering: http://www.cybersitter.com, http://www.pearlsw.com (Cyber Snoop), http://www1.surfwatch.com, and http://www.surfcontrol.com/ (Cyber Patrol).

ICWI ®.

All rights reserved.