Knighthead Insurance Group –
Terms of Use

This website is owned and operated by Knighthead Holdings, Ltd and its subsidiaries, which is referred to as “Knighthead Insurance” or “we” or “us” or “our.”

You agree that:

• Your use of this Site is subject to and governed by these Terms;
• You will only access or use this Site and transact business with us if you are at least 18 years old;
• You will comply with and be bound by these Terms as they appear on this Site each time you access and use this website;
• Each use of this Site by you indicates and confirms your assent and agreement to be bound by these Terms;
• These Terms are a legally binding agreement between you and Merit that will be enforceable against you.

You agree that you will only use or attempt to use this Site for legitimate purposes with Knighthead Insurance as a bona fide client of Knighthead Insurance; you may not use or attempt to use this Site or any of its contents: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; (k) to overburden or damage Merit equipment or software; (l) to send electronic mail to us that is illegal, obscene, profane, threatening, defamatory, invasive of privacy, infringing of intellectual property rights; or contains harmful code, political campaigning, commercial solicitation, chain letters, or mass mailings; or violates any applicable law, such as the CANSPAM Act or (m) to interfere with or circumvent the security features of the Site or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Site or any related website for violating any of the prohibited uses.

In making an inquiry, application or in entering into any other transaction or request for information on this Site, you agree to provide accurate, true, current and complete information upon which Merit may rely.

Neither the materials nor other website content constitutes an offer to sell or offer to buy any insurance product.

This website is informational only. It does not constitute an offer or solicitation to sell investments or insurance products. Knighthead Insurance and its subsidiaries are not registered as a broker-dealer in any jurisdiction and the products discussed herein have not been registered or approved by any central bank, governmental or regulatory authority in any jurisdiction other than the Cayman Islands or states of the United States, as applicable. Accordingly, local securities and insurance laws and other relevant laws and regulations are generally not applicable the products described on this website. Products offered in the United States may not be available in all states. To check whether this product is available for you, click on our State Availability page.

The distribution of information and offer and sale of the products referenced on or through this website may be restricted in certain jurisdictions. This website should not be considered as communicating any invitation or inducement to engage in prohibited investment or insurance activities. It is the exclusive responsibility of the individual accessing this website to consider carefully their own applicable jurisdiction regulatory requirements and personal circumstances prior to considering a Knighthead Insurance product.

Knighthead Insurance Products do not take into account the objectives, financial condition, or particular needs of any specific person. Applicants should discuss their specific situation with their financial professional.

No investment, tax, legal, financial advisor or any other professional advice is provided through this website. You agree that this website will not be used by you for these purposes. You may not rely on any information herein in order to make an investment decision. No representation is given that the products or services discussed in or accessible through this website are suitable for you or any particular investor. You acknowledge that your use of this website and any requests for information made through this website has not been solicited by Knighthead Insurance or any of its affiliates and that the provision of any information through this website shall not constitute or be considered investment advice.

Knighthead Insurance takes all reasonable steps to ensure that the information on the website is accurate and up to date. However, we accept no liability for any errors or omissions on the website or the information contained in the website.

The terms of any Knighthead Insurance product or contract are governed by the formal contract documents explicitly establishing such terms and not by the contents of this website. In the event of any inconsistency between the information on this website and the terms specified in the documents establishing the terms of issue or contract, the terms specified in the issue or contract documents shall exclusively prevail.

Knighthead Annuity and Life Assurance Company (“Knighthead Annuity”) does not carry out business in the United States and is not subject to the laws of the United States. Accordingly, those that enter into agreements with Knighthead Annuity or its affiliates, directors, officers or employees operating in the Cayman Islands will not have the protection afforded by United States law or the rules and regulations made under it.

Nothing on this Site including our filings with the U.S. Securities and Exchange Commission (SEC) shall be construed as rendering financial, legal, tax, or investment advice. Materials filed with the SEC may be obtained by accessing the SEC’s website at http://www.sec.gov.

Computer Requirements: To access this Site, you must have a computer equipped with a modem or other access device. You are responsible for the selection, installation, maintenance, and operation of your computer and software. We are not responsible for any errors, failures, or malfunctions of your computer or software. You are responsible for ensuring that your computer and software are compatible with our Site. We reserve the right to change the system requirements for using this Site.

We have the right to terminate or restrict your access to the website at any time. These Terms & Conditions shall continue to apply after termination of your access to the website. You may not publish, copy, distribute, modify, transmit, or reproduce in any form (whether in hard copy, electronic or other) or otherwise use the information and materials on the website for any purposes other than those set out in the Terms & Conditions of Use.

Copyright in the pages and in the screens displaying the pages, and in the information and material thereon and in their arrangement is owned by Knighthead Insurance unless otherwise indicated.

All trademarks, service marks, trade names, logos, and icons are proprietary to Knighthead Insurance. You acknowledge and agree that you do not acquire any rights by implication, estoppel or otherwise, to use any trademark displayed on this Site without the express permission of Merit. You further acknowledge and agree that you will not in any way copy, reproduce, publish, create derivative works from, perform, upload, post, distribute, transfer, modify, adapt, reverse engineer or frame in any other web page, any web page content on these pages.

You may not use Knighthead Insurance’s, its subsidiaries’ or affiliates’ name or trademarks in any way that implies an affiliation with, or an endorsement, sponsorship or approval by Knighthead Insurance without our express written permission.

This site may contain links to websites controlled by or offered by third parties and non-affiliates of Knighthead Insurance. Knighthead Insurance hereby DISCLAIMS LIABILITY FOR, ANY INFORMATION, MATERIALS, PRODUCTS OR SERVICES POSTED OR OFFERED AT ANY OF THE THIRD-PARTY SITE LINKED TO THIS SITE. BY CREATING A LINK TO A THIRD PARTY SITE, KNIGHTHEAD INSURANCE DOES NOT REVIEW, ENDORSE OR RECOMMEND ANY PRODUCTS OR SERVICES OFFERED OR INFORMATION CONTAINED AT THAT WEBSITE, NOR IS KNIGHTHEAD INSURANCE LIABLE FOR ANY FAILURE OF SUCH WEBSITE, ITS PRODUCTS OR SERVICES OFFERED OR ADVERTISED. SUCH THIRD PARTY WEBSITES MAY HAVE A PRIVACY POLICY DIFFERENT FROM THAT OF MERIT AND MAY PROVIDE LESS SECURITY THAN THE MERIT SITE.

Certain areas or features of this website may be restricted to users who have obtained a user identification and password by completing a registration process described on this website. Please be sure to protect and maintain the confidentiality of any user identification, password or other identifying information you may obtain in connection with your use of this website. You agree to notify Knighthead Insurance immediately if you believe your user identification, password or other identifying information has been lost, stolen or otherwise compromised. You also acknowledge and agree that you are solely responsible for all damages or claims that may arise from any access to or use of this website by any person to whom you have provided your user identification, password or other identifying information, or by any person who has obtained such information from you, including, but not limited to, any access to or use of this website that may occur after you have notified us that your user identification, password or other identifying information has been lost, stolen or otherwise compromised.

For further information on how Knighthead Insurance uses and protects the personal information you may provide through this website, please visit our Privacy Policy.

Knighthead Insurance may collect certain personal information about you such as your name, address, telephone number, email address details and other information when it is voluntarily submitted to Knighthead Insurance or its affiliates on its websites, including in connection with its registration procedures for access to particular areas of this websites. Knighthead Insurance or its affiliates uses this information to ensure compliance with its obligations under applicable regulations and for its own internal purposes.

Please note that by submitting personal information you are consenting to such information being processed for the purposes referred to above. You also agree that Knighthead Annuity or its affiliates has the right to use and store such data on its internal systems and to transfer it to its affiliates for the purpose of providing services to you. Knighthead Insurance respects its users’ privacy and is committed to protecting any personal information provided, for further details please see our privacy policy. You should also be aware that the level of protection in relation to the processing of personal data is not the same across all jurisdictions and may be different from the jurisdiction in which you reside.

If you contact Us by phone, you agree that we may monitor and/or record your phone conversations. If you provide Us with a cell phone number, you authorize us to contact you from time to time regarding our products.

Certain sections or pages on this site may contain separate terms and conditions which are in addition to these Terms and Conditions. Additionally, other products or services offered by Knighthead Insurance, including those available through this site, may be subject to terms, conditions and disclaimers in addition to these Terms and Conditions. You agree that your use of such products and services will be subject to such additional terms, conditions and disclaimers. In the event of a conflict, the additional terms and conditions will govern for those sections or pages or products.

If you are accessing this Website from the United States, you agree that these Terms of Use shall be governed by and construed in accordance with the laws of the State of Connecticut, without giving effect to any principles of conflicts of law. You agree that any action at law or in equity arising out of or relating to these Terms or the use of this Site shall be filed only in the state or federal courts located in Connecticut, and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action.

If you are accessing this Website from outside of the United States, you agree that these Terms of Use shall be governed by and construed in accordance with the laws of the Cayman Islands, without giving effect to any principles of conflicts of law. You agree that any action at law or in equity arising out of or relating to these Terms or the use of this Site shall be filed only in the courts located in the Cayman Islands, and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action.

As a condition of your use of the Site, you agree to indemnify and hold Knighthead Insurance and its third party content providers harmless from and against any and all claims, losses, liability, costs, and expenses (including but not limited to attorneys’ fees) arising from your use of the Knighthead Insurance site, or from your violation of these Terms.

THE INFORMATION AND MATERIALS CONTAINED IN THIS SITE, INCLUDING TEXT, GRAPHICS, LINKS OR OTHER ITEMS ARE PROVIDED “AS IS”, “AS AVAILABLE”. KNIGHTHEAD INSURANCE DOES NOT WARRANT THE ACCURACY, ADEQUACY OR COMPLETENESS OF THIS INFORMATION AND MATERIALS AND EXPRESSLY DISCLAIMS LIABILITY FOR ERRORS OR OMISSIONS IN THIS INFORMATION AND MATERIALS. NO WARRANTY OF ANY KIND, IMPLIED, EXPRESSED OR STATUTORY INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF NON-INFRINGEMENT OF THIRD PARTY RIGHTS, TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND FREEDOM FROM COMPUTER VIRUS, IS GIVEN IN CONJUNCTION WITH THE INFORMATION AND MATERIALS. ALL INFORMATION CONTAINED ON THIS WEBSITE MAY CHANGE WITHOUT NOTICE.

WE MAKE NO REPRESENTATION OR WARRANTY THAT THE WEBSITE OR ANY MATERIAL ON THE WEBSITE WILL BE FREE FROM VIRUSES, DENIAL OF SERVICE ATTACKS OR OTHER DEFECTS. WE RECOMMEND THAT YOU TAKE YOUR OWN PRECAUTIONS TO ENSURE THAT WHATEVER YOU SELECT FOR USE FROM THE WEBSITE IS FREE FROM COMPUTER VIRUSES OR OTHER DEFECTS.

IN NO EVENT WILL KNIGHTHEAD INSURANCE BE LIABLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOSSES OR EXPENSES ARISING IN CONNECTION WITH THIS SITE OR ANY LINKED SITE OR USE THEREOF OR INABILITY TO USE BY ANY PARTY, OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS OR LINE OR SYSTEM FAILURE, EVEN IF KNIGHTHEAD INSURANCE, OR REPRESENTATIVES THEREOF, ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, LOSSES OR EXPENSES.

You agree that if any provision of these Terms and Conditions shall be found to be unlawful or void, or for any reason unenforceable, then that provision shall be deemed severable from the other provisions of these Terms and Conditions and shall not affect the validity and enforceability of such other provisions.