This Terms of Use Agreement (“Agreement”) is made by and between Fathom Reinsurance Partners LLC (also referred to herein using “Fathom Re”, “we,” “us,” and “our”) and you (“you,” “your,” or “user”). This Agreement contains the terms and conditions that govern your use of this website (“Site”).

By accessing Site, you agree, on behalf of yourself and any entity for which you are an agent or you appear to represent (such entity also being included in the terms “you,” “your,” or “user” referred to above) that you have read, understand, and agree to be bound by this Agreement. If you do not agree to be bound by this Agreement, do not access or use any part of the Site.

FATHOM RE RESERVES THE RIGHT, FROM TIME TO TIME, WITH OR WITHOUT NOTICE TO YOU, TO MAKE CHANGES TO THIS AGREEMENT IN FATHOM RE’S SOLE DISCRETION. CONTINUED USE OF ANY PART OF THE SITE CONSTITUTES YOUR ACCEPTANCE OF SUCH CHANGES. THE MOST CURRENT VERSION OF THIS AGREEMENT, WHICH SUPERSEDES ALL PREVIOUS VERSIONS, CAN BE REVIEWED BY CLICKING ON THE “TERMS OF USE” HYPERLINK LOCATED ON SITE.

ACCESS TO THIS SITE
To access the Site, including contacting Fathom Re, you may be asked to provide certain registration details or other information such as your name and email address. It is a condition of your use of the Site that all the information you provide in relation to the Site will be correct, current, and complete. If Fathom Re believes the information you provide is not correct, current, or complete, Fathom Re has the right to refuse or limit your access to the Site or any of its resources, and to block, terminate, or suspend your access at any time.

RESTRICTIONS ON USE
You may use the Site for purposes expressly permitted by the Site. As a condition of your access and use of the Site, you warrant to Fathom Re that you will not use the Site for any purpose that is unlawful or prohibited by any part of this Agreement. For example, you may not: (i) co-brand or frame Site without the express prior written permission of an authorized representative of Fathom Re; (ii) use Site for political or commercial purposes, other than an inquiry of services offered for sale through the Site by Fathom Re; (iii) engage in any activities through or in connection with Site for the purpose of exploiting, harming, or attempting to exploit or harm individuals or entities; (iv) use Site in any way that violates any applicable federal, state, local, or international law or regulation. For purposes of this Agreement, “co-branding” means to display a name, logo, trademark, or other means of attribution or identification of any party in such a manner as is reasonably likely to give a user the impression that such other party has the right to display, distribute, or publish the Site or content accessible within the Site.

INTELLECTUAL PROPERTY RIGHTS
All content on the Site, including but not limited to text, graphics, logos, and images, is the property of Fathom Re or our licensors and is protected by applicable copyright, trademark, and other intellectual property laws. You may not use, reproduce, or distribute any content without our prior written consent.

THIRD-PARTY LINKS
Our Site may contain links to third-party websites. These links are provided for your convenience only. We do not control the content of these websites and are not responsible for their terms of use or privacy practices. Your use of any third-party website is at your own risk.

DISCLAIMERS
You understand that Fathom Re cannot and does not guarantee or warrant that the Site or its content will be free of viruses, worms, Trojan horses, or other code that may manifest contaminating or destructive properties. It is your responsibility to implement and maintain sufficient procedures and checkpoints to satisfy your requirements for accuracy of data input and output. Fathom Re does not assume any responsibility or risk for your use of the Site or its content.

The content and functionality of the Site are provided on an “as is” and “as available” basis without any warranties of any kind, either express or implied. The Content should not be relied upon by you or any other party for personal, financial, or legal decisions and you should consult an appropriate professional for specific advice tailored to your situation. We do not warrant that the Site will be uninterrupted or error-free, and we are not responsible for any damage to your computer or other device resulting from your use of the Site.

LIMITATION ON LIABILITY
To the fullest extent permitted by law, Fathom Re and its service providers, employees, agents, officers, and directors will not be liable for any direct, indirect, incidental, consequential, special, or punitive damages arising from or related to your use of the Site, including but not limited to damages for loss of revenue or income, pain and suffering, emotional distress, goodwill, use, data, or other intangible losses. If no liability is not allowed under the applicable law, in no event will the collective liability of Fathom Re and its service providers, employees, agents, officers, and directors to any party (regardless of the form of action, whether in contract, tort, or otherwise) exceed the minimum amount allowed by law.

Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation may not apply to you.

INDEMNITY
You will indemnify and hold Fathom Re and its service providers, employees, agents, officers, and directors (the “Indemnified Parties”) harmless from any breach of this Agreement by you, including any use of content other than as expressly authorized in this Agreement. 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, settlements, expenses, and attorney’s fees of the Indemnified Parties in relation to your breach. You will also indemnify against, including any and all resulting loss, damages, judgments, awards, costs, settlements, expenses, and attorney’s fees of the Indemnified Parties, and hold the Indemnified Parties harmless from and against any claims brought by third parties arising out of your breach of this Agreement or use of the Site and its content, except to the extent such claim is due to the negligence or willful misconduct of Fathom Re.

GOVERNING LAW
The terms of this Agreement shall be governed by and construed in accordance with the laws of the State of Texas, without regard to its conflict of law principles. Any disputes arising under or in connection with the terms of this Agreement shall be subject to the exclusive jurisdiction of the state and federal courts located in Dallas, Texas.

SEVERABILITY
If any part of this Agreement is unlawful, void, or unenforceable, that part will be deemed severable, shall be modified by the court of competent jurisdiction to reflect to the maximum extent possible the original intention of the parties as reflected by the original wording, and will not affect the validity and enforceability of any remaining provisions.

CONTACT US
If you have any questions pertaining to this Agreement, please contact us at:

Fathom Reinsurance Partners LLC
1222 N. Bishop Ave, Suite 200-315
Dallas, TX 75208