Captive.com Terms of Use

September 24, 2025

Captive.com ("Captive.com" or "we" or "our" or "us"), offers news, articles, video presentations, podcasts, materials, and resources located at Captive.com (collectively the "Captive.com Site" or "Site"), mobile applications, and other online services (collectively and including the Captive.com Site, the "Services"). PLEASE READ THESE TERMS AND CONDITIONS OF USE ("TERMS" OR "TERMS OF USE" or "AGREEMENT") CAREFULLY BEFORE USING THE SERVICES. THESE TERMS OF USE CONSTITUTE A LEGALLY BINDING CONTRACT BETWEEN YOU (THE "USER" OR "YOU") AND Captive.com AND GOVERN YOUR USE OF AND ACCESS TO THE SERVICES. By using the Services in any manner, including, but not limited to, visiting, accessing, browsing, using, or continuing to browse and use the Services, you agree to be bound by these Terms, including those additional terms and conditions incorporated by reference herein or made available by hyperlink herein or on the Services. You may use the Services only in compliance with these Terms and only if you have the power to form a contract with us. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS OF USE, PLEASE DO NOT USE THE SERVICES.

If you have any questions about these Terms, please refer to the Contact Us section at the end of this Agreement.

Requirements for Use of the Services

The Services are available only to, and may only be used by, individuals who are age 18 years and older who can form legally binding contracts under applicable law. You represent and warrant that you are at least 18 years old. Captive.com may, in its sole discretion, refuse to offer access to or use of the Services to any person if we learn that you are under the age of 18.

In addition, the Services are available to you only in the United States and its territories. Captive.com makes no representations or warranties that the Services are appropriate or available for use in any particular jurisdiction other than the United States. In choosing to access the Captive.com Site, you do so on your own initiative and at your own risk and are responsible for complying with all local laws, rules, and regulations.

You understand that Captive.com may monitor your usage of the Services to verify your compliance with these Terms of Use.

Use of the Services requires compatible software, computers, devices, and Internet access. It is your responsibility to obtain and pay for the software, hardware, and Internet service needed to use the Captive.com Site. It is also your responsibility to ensure that the software, hardware, and Internet service are compatible with the Services. High-speed Internet access is strongly recommended when using the Services and is required to view videos.

Consent to Electronic Communications and Solicitations

When you use any of the Services, or send emails and other communications from your desktop or mobile device to us, you are communicating with us electronically, and you consent to receive communications from us electronically. We will communicate with you in a variety of ways, such as by email, in-app push notices, or by posting notices and messages on the Captive.com Site. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

By consenting to receive communications from us electronically, you understand that we may send you email communications and solicitations regarding the Services, including, but not limited to, the following: (a) newsletters on topics that may be of interest to you; (b) notices about your use of the Services, including any notices regarding violations of these Terms; (c) updates about the Services; (d) promotional information and materials about either our Services or International Risk Management Institute, Inc. ("IRMI") or IRMI's affiliated companies' products and services; and (e) promotional information and materials about our subsidiaries and affiliated companies' products and services. We give you the opportunity to opt out of receiving promotional emails and email newsletters from us by clicking the "unsubscribe" link in the body of the email, or you may opt out of receiving such communications by following the methods listed in our Privacy Policy. However, you shall not be afforded the opportunity to opt out of receiving the following communications via email or by any other electronic method of communication noted in these Terms: (i) legal notices; (ii) notices regarding changes to these Terms of Use or changes to the Services; or (iii) notices regarding violations of these Terms of Use.

Please note that we may also choose to send you any of the notices, communications, and solicitations discussed in this section by US mail.

Nonconfidential Communications

You agree that any communications you make to Captive.com, such as questions, letters, or emails to the editor, comments, suggestions, information, and data (hereinafter collectively "Communications"), are not confidential unless you specifically state to us that the Communication is confidential. Unless you notify us in writing, you grant Captive.com the right to use your name in connection with any nonconfidential Communications submitted by you that Captive.com decides to display. In addition, you acknowledge and authorize that any nonconfidential Communications you make to Captive.com may be edited, removed, modified, transmitted, and displayed on the Services.

Privacy

Your privacy rights are set forth in our Privacy Policy, which is incorporated into these Terms of Use. Please carefully review the Privacy Policy to learn about what information we may collect from you, how we use that information, with whom we share that information, and your choices about the collection and use of your information.

Ownership of the Captive.com Site and the Services

The Captive.com Site and the Services are owned and operated by IRMI. In some instances, the Services may offer content or materials (collectively "Content") owned by other Content Providers. For purposes of this Agreement, "Content" is defined as texts, databases, charts, HTML or other code, software, graphics, logos, button icons, images, audio clips, video clips, digital downloads, mobile applications, directories, articles, checklists, forms, data compilations, and any other information accessible to you on the Captive.com Site, and the term "Content Provider" is defined as a person or organization that has provided copyrighted Content that is included in the Services, including, but not limited to, sponsors; listed service providers; and other identified individuals and Entities.

All Content available on the Captive.com Site or the Services is the property of Captive.com, or, where applicable, its Content Providers.

Copyright and Trademarks

The Services contain copyrighted material, trademarks, and other proprietary information, and all Content on the Services is protected by copyright, trademark, and other intellectual property laws of the United States and international intellectual property treaty provisions. No intellectual property rights are conferred to you by this Agreement.

    1. Copyright
    2. All Content included in, made available through, or displayed on the Services is copyrighted by Captive.com, or, where applicable, the identified Content Provider, all rights reserved, and is protected by United States and international copyright laws. Except as specified in the Acceptable Use section below, the Content is for display only, and may not be copied, published, displayed, reprinted, stored, reengineered, translated, hosted, used to create derivative works, or otherwise distributed by written, electronic, or any other means, without prior written permission of Captive.com or of the identified Content Provider.
    3. Trademarks
    4. "International Risk Management Institute, Inc.," "International Risk Management Institute," "IRMI," "IRMI.com," "IRMI Online," the owl logo, CGL Reporter, "CRIS," "MLIS," "AFIS," Captive Insurance Company Reports, "Captive.com," Risk Financing, "ZERORISK HR," "D&O MAPS," WebCE, and "ZERORISK HIRING SYSTEM" are trademarks and registered trademarks of International Risk Management Institute, Inc., or its subsidiaries and affiliated companies. Other trademarks are the property of their respective owners. You are prohibited from using these trademarks for purposes other than identifying the source of the Content that you quote, provided that quotation of such Content is permitted pursuant to the terms of Acceptable Use set forth in Section 8 below. You must obtain prior written permission from us for all other use of these trademarks.

    EXCEPT AS PERMITTED IN THIS AGREEMENT, THE USE OF THE COPYRIGHTS, TRADEMARKS, OR THE CONTENT IS STRICTLY PROHIBITED, AND INFRINGES ON THE INTELLECTUAL PROPERTY RIGHTS OF IRMI, AND MAY SUBJECT YOU TO CIVIL AND CRIMINAL PENALTIES, INCLUDING POSSIBLE MONETARY DAMAGES, FOR COPYRIGHT INFRINGEMENT.

    License to Use the Services

    Subject to your compliance with these Terms of Use and your payment of any applicable subscription fees, Captive.com grants you a limited, revocable, nonexclusive, nontransferable, nonsublicensable license to access and use the Services solely for your own informational, noncommercial purposes as provided by this Agreement, but not for commercial exploitation or general distribution. You shall not sell or broker the Services, or any portion of the Content contained therein, and you must adhere to the Restrictions on Use below.

    Acceptable Use

    Acceptable use of the Services includes searching, displaying, inputting information, extracting information, and viewing the Content. You may also cite short excerpts of the Content from time to time to include in letters, memoranda, emails, reports, and legal briefs that are distributed for noncommercial or educational purposes to a limited number (e.g., 25 or less) of individuals. You must include in all such letters, memoranda, emails, reports (other than those reports generated by our Services to provide to your clients or customers), and legal briefs in which you cite short excerpts of the Content, whether in electronic or in printed form, the phrase, "Reprinted with permission from Captive.com. Copyright International Risk Management Institute, Inc., Dallas, TX."

    In addition, acceptable use of the Services does not include placing, inputting, uploading, or otherwise using the Content in any artificial intelligence ("AI") software or platform ("AI software"). For purposes of this Agreement, the phrase "artificial intelligence software" or "AI software" means any platform, technology, or software that enables computers to perform a variety of tasks that otherwise require human intelligence, including, but not limited to, the ability to see, understand, and translate written language, analyze data, generate code or text, or otherwise make decisions or recommendations based on the data or information that such platforms, technologies, or software are being fed. Furthermore, for purposes of this Agreement, the phrase "artificial intelligence platform" or "AI platform" includes, but is not limited to, ChatGPT, Microsoft CoPilot, all Amazon AI services, all Google AI services (including Google Gemini), and all Azure AI services.

    Restrictions on Use

    In addition to other restrictions set forth in these Terms of Use, you agree to the following restrictions:

    • You must not reproduce Content contained in the Services that is owned by identified Content Providers. It is your responsibility to request authorization directly from the Content Provider for any such reproductions.
    • You must not duplicate, copy, sell, resell, redistribute, download, transmit, create derivative works, reproduce in any form (whether directly or in condensed, selective, or tabulated form), or otherwise exploit for any commercial or public purposes, any portion of, use of, or access to the Services (including the Content).
    • You must not place, input, upload, or otherwise use the Content (including Content that is owned by identified Content Providers) in any AI software.
    • You must not use any manual or automated process or service (including, but not limited to, crawlers, robots, spiders, scraping, extraction tools, or periodic caching of information stored by IRMI) to extract, retrieve, index, or in any way reproduce Content from the Services, or to access or use the Services.
    • You must not modify, alter, tamper with, reverse engineer, decompile, disassemble, or otherwise create derivative works of any portion of the Services (including the Content).
    • You must not use the Services in any manner or for any purpose other than expressly permitted by these Terms, the Privacy Policy, or additional terms and conditions referenced herein or made available by hyperlink herein or on the Services.
    • You must not sell, lend, resell, lease, sublicense, or otherwise transfer any of the rights granted to you with respect to the Services to any third party.
    • You must not remove, obscure, or alter any copyright, trademark, or proprietary rights notice pertaining to the Services, including copyrights, trademarks, or proprietary rights notices on the Content or any reports generated and displayed by the Services.
    • You must not restrict or inhibit any other person from using the Services (including by hacking or defacing any portion of the Captive.com Site or the Content).
    • You must not use the Services to post, transmit, upload, link to, send, or store any viruses, worms, malware, Trojan horses, time bombs, or any other similar malicious software.
    • You must not use the Services for any fraudulent or unlawful purpose.
    • You must not try to use, or use the Service in violation of these Terms.

    Your use of the Services is monitored for compliance with this Agreement, including the Restrictions on Use. Any failure to comply with this Agreement may result in termination of your access to the Services. Moreover, Captive.com reserves the right to take legal action, including, without limitation, referral to law enforcement, for any illegal or unauthorized use of the Services.

    AI-Supplemented or Enhanced Content

    Some content on Captive.com may be supplemented, enhanced, or augmented with the assistance of artificial intelligence (AI) software. While AI-assisted content provides context, AI is prediction-based, and AI-assisted content may not reflect state-specific implications or certain nuances related to insurance or captive insurance. Therefore, independent verification of AI-assisted content is recommended. All AI-assisted content is provided "as is" and without warranties of any kind, express or implied.

    Disclaimer of Warranties

    ALTHOUGH CAPTIVE.COM EMPLOYS A QUALITY CONTROL PROCESS TO ENSURE THAT THE CONTENT WE PROVIDE ON THE SERVICES IS AS UP-TO-DATE AND ACCURATE AS WE CAN MAKE IT, THE CONTENT DISPLAYED ON THE CAPTIVE.COM SITE OR THE SERVICES MAY BE OUT OF DATE, OR MAY INCLUDE TYPOGRAPHICAL ERRORS, INACCURACIES, OR OTHER MISTAKES. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. CAPTIVE.COM, AS WELL AS IRMI, ITS SUBSIDIARIES, AFFILIATED COMPANIES, AND CONTENT PROVIDERS MAKE NO STATEMENTS, REPRESENTATIONS, OR WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE SERVICES OR THE CONTENT AVAILABLE ON THE SERVICES, OR THE SUITABILITY OF THE SERVICES, OR THE CONTENT CONTAINED THEREIN, FOR ANY PARTICULAR PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, CAPTIVE.COM HEREBY DISCLAIMS ANY AND ALL STATEMENTS, REPRESENTATIONS, AND WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SUITABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT. WITHOUT LIMITING THE FOREGOING, CAPTIVE.COM MAKES NO STATEMENTS, REPRESENTATIONS, OR WARRANTIES THAT:

    • THE SERVICES, AND THE CONTENT CONTAINED THEREIN, WILL MEET YOUR NEEDS, REQUIREMENTS, OR EXPECTATIONS;
    • THE SERVICES WILL BE PERMITTED IN YOUR JURISDICTION;
    • THE SERVICES WILL BE COMPATIBLE WITH ANY PARTICULAR SOFTWARE, HARDWARE, OR INTERNET SERVICES, INCLUDING INTERNET CONNECTIVITY SPEED;
    • USE OF THE SERVICES WILL BE FREE FROM LOSS, CORRUPTION, ATTACK, VIRUSES, OTHER MALICIOUS SOFTWARE OR HARMFUL COMPONENTS, INTERFERENCE, HACKING, OR OTHER SECURITY INTRUSIONS, AND IRMI EXPRESSLY DISCLAIMS ANY LIABILITY RELATING THERETO;
    • USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, OR ERROR-FREE;
    • DEFECTS IN THE SERVICES WILL BE CORRECTED;
    • THE SERVICES, OR THE CONTENT CONTAINED THEREIN, WILL BE ACCURATE, COMPLETE, ERROR-FREE, OR UP-TO-DATE;
    • THE CONTENT PROVIDED BY CONTENT PROVIDERS WILL BE ACCURATE, COMPLETE, ERROR-FREE, OR UP-TO-DATE;
    • ANY ERRORS IN THE SERVICES OR THE CONTENT CONTAINED THEREIN WILL BE CORRECTED; AND
    • ALL OF THE SERVICES WILL CONTINUE TO BE OFFERED BY US.

    IN ADDITION TO THE FOREGOING, CAPTIVE.COM DOES NOT ASSUME ANY RESPONSIBILITY OR LIABILITY FOR CAPTIVE.COM CONTENT THAT IS SUPPLEMENTED, ENHANCED, OR AUGMENTED USING AI SOFTWARE, AND CAPTIVE.COM EXPRESSLY DISCLAIMS ANY AND ALL LIABILITY FOR ANY SUCH AI SOFTWARE SUPPLEMENTED OR AUGMENTED CONTENT.

    SOME JURISDICTIONS DO NOT ALLOW THE FOREGOING EXCLUSIONS. IN SUCH A SITUATION, SUCH EXCLUSION WILL NOT APPLY SOLELY TO THE EXTENT PROHIBITED BY APPLICABLE LAW. NO VERBAL OR WRITTEN REPRESENTATIONS OBTAINED BY YOU FROM CAPTIVE.COM OR ITS EMPLOYEES, NOR ANY INFORMATION OBTAINED BY YOU THROUGH THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.

    Limitation of Liability

    UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (WHETHER BASED IN EQUITY, CONTRACT, NEGLIGENCE, OTHER TORTIOUS ACTION, STRICT LIABILITY, OR ANY OTHER THEORY OF LIABILITY) SHALL OUR CONTENT PROVIDERS BE LIABLE FOR ANY LOSS OR DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, LOSS OF REVENUE, LOSS OF ANTICIPATED PROFITS, GOODWILL, DIMINUTION OF VALUE, BUSINESS INTERRUPTION COSTS, OR ANY OTHER INTANGIBLE LOSSES ARISING OUT OF, RELATED TO, OR IN CONNECTION WITH YOUR USE OF, OR RELIANCE UPON, THEIR CONTENT (EVEN IF THE CONTENT PROVIDERS HAVE BEEN ADVISED OF THE POSSIBILITIES OF SUCH DAMAGES).

    TO THE MAXIMUM EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (WHETHER BASED IN EQUITY, CONTRACT, NEGLIGENCE, OTHER TORTIOUS ACTION, STRICT LIABILITY, OR ANY OTHER THEORY OF LIABILITY), SHALL CAPTIVE.COM, OR IRMI, OR IRMI'S OFFICERS, DIRECTORS, EMPLOYEES, SUBSIDIARIES, OR AFFILIATED COMPANIES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, SUCH AS, BUT NOT LIMITED TO, LOSS OF REVENUE, LOSS OF ANTICIPATED PROFITS, GOODWILL, DIMINUTION OF VALUE, BUSINESS INTERRUPTION COSTS, OR ANY OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) ARISING OUT OF, RELATED TO, CAUSED BY, OR RESULTING IN ANY WAY FROM (1) THE USE OF THE SERVICES; (2) THE INABILITY TO USE THE SERVICES; (3) MODIFICATION OF OR REMOVAL OF ANY PORTION OF THE SERVICES, OR THE CONTENT OFFERED THEREIN; (4) THESE TERMS OF USE; (5) THE ACCURACY, TIMELINESS, PERFORMANCE, COMPLETENESS, OR SUITABILITY OF ANY CONTENT OR THE SERVICES FOR ANY PARTICULAR PURPOSE; (6) DEFECTS IN THE CONTENT OR THE SERVICES; (7) ERRORS, INACCURACIES, OR OMISSIONS IN THE CONTENT OR THE SERVICES; (8) DAMAGE FROM ANY SECURITY BREACH OR ANY OTHER SECURITY INTRUSION, OR ANY VIRUS, BUGS, OTHER MALICIOUS SOFTWARE OR HARMFUL COMPONENTS, TAMPERING, INTERRUPTION, DELAY IN OPERATION OR TRANSMISSION, COMPUTER LINE OR NETWORK FAILURE, OR ANY OTHER TECHNICAL OR OTHER MALFUNCTION; (9) THE USE OF ANY THIRD-PARTY WEBSITE REFERENCED OR LINKED FROM THE SERVICES. FURTHERMORE, NEITHER CAPTIVE.COM NOR IRMI, OR IRMI'S OFFICERS, DIRECTORS, EMPLOYEES, SUBSIDIARIES, OR AFFILIATED COMPANIES SHALL BE LIABLE IN ANY WAY FOR THIRD-PARTY PRODUCTS AND SERVICES OFFERED THROUGH THE SERVICES. MOREOVER, NEITHER CAPTIVE.COM NOR IRMI OR IRMI'S OFFICERS, DIRECTORS, EMPLOYEES, SUBSIDIARIES, OR AFFILIATED COMPANIES SHALL BE LIABLE FOR ANY DAMAGE TO YOUR COMPUTER, DEVICE, HARDWARE, SOFTWARE, OR OTHER PROPERTY ARISING OUT OF, RELATED TO, CAUSED BY, OR RESULTING IN ANY WAY FROM ACCESS TO OR USE OF THE SERVICES.

    IN NO EVENT SHALL CAPTIVE.COM'S MAXIMUM AGGREGATE LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, EXCEED $1,000.

    SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL, INCIDENTAL, OR OTHER DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN THESE JURISDICTIONS, IRMI'S LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

    No Financial, Legal, or Other Professional Advice or Services

    The Services are not intended to provide specific legal, financial, investment, tax, or other professional advice or services (collectively "Professional Advice"). Moreover, any information provided by an employee or agent of Captive.com, whether by telephone, email, letter, or other form of communication, is intended solely for general information purposes and does not constitute Professional Advice. If you need specific Professional Advice, you should seek and retain the services of a competent professional.

    Moreover, the Services and all Content available therein are provided solely for informational, noncommercial purposes and should not be relied upon as all-inclusive. Opinions expressed by Content Providers are those of the author and are not necessarily the opinions of the author's employer or of Captive.com.

    Internet Delays, Availability of and Modifications to the Services

    While Captive.com will make all reasonable efforts to ensure that the Services are available at all times, all online services suffer from occasional disruptions, technical difficulties, outages, or other problems inherent in the use of the Internet. Captive.com is not liable for any loss or damages you may incur as a result of such disruptions, technical difficulties, outages, or other problems inherent in the use of the Internet. Moreover, Captive.com reserves the right to (a) change or modify the Services, or any portion thereof, at any time and without prior notice to you; (b) interrupt the operation of the Services, or any portion thereof, at any time and without prior notice to you, in order to update or make changes to the Services, or to perform routine or nonroutine maintenance; and (c) suspend or discontinue the Services, or any portion thereof, at any time. In the event of such suspension or discontinuation, electronic notice will be provided to you according to the terms and provisions of this Agreement.

    Links to Third-Party Websites

    The Services may contain links to third-party websites, services, and resources (collectively "Linked Sites") that are not owned or controlled by Captive.com, IRMI, or IRMI's subsidiaries or affiliated companies. These Linked Sites are provided solely as a convenience to You and not because we or our subsidiaries or affiliated companies endorse or assume any responsibility for any such Linked Sites, including, but not limited to, the information, materials, products, services, data, features, advertisements, or other content on such Linked Sites. If you access the Linked Sites from the Services, you do so at your own risk, and you understand that these Terms and Captive.com's Privacy Policy do not apply to the use of such Linked Sites. Upon access to any such Linked Sites, Captive.com recommends that you carefully review the specific website's terms and conditions and conditions of use, including, but not limited to, the Linked Sites' privacy policy. Captive.com expressly disclaims any and all liability arising from your use of the Linked Sites, including any information, materials, products, services, data, features, advertisements, or any other content on such Linked Sites.

    Location of the Services, Territorial Restrictions, and Export Controls

    The Services are controlled and operated by IRMI from its offices within the State of Texas, United States of America. We make no representation that the materials in the Services are appropriate or available for use in other locations and other countries. The information provided on the Services is not intended for distribution to, or use by, any person or Entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or that would subject us to any registration requirement within such jurisdiction or country. Those who choose to access the Services from other locations or other countries do so on their own initiative and at their own risk and are responsible for compliance with local laws in that territory, if and to the extent that local laws are applicable. We may limit the Services' availability, in whole or in part, to any person, geographic area, or jurisdiction we choose, at any time and in Captive.com's sole discretion.

    You may not access, display, or otherwise use the Services except as authorized by United States law. In particular, but without limitation, the Services may not be accessed, displayed, or otherwise used (a) in any US embargoed countries or (b) by anyone on the US Treasury Department's list of Specially Designated Nationals or the US Department of Commerce Denied Person's List or Entity List. By using the Services, you represent and warrant that you are not located in any such country or on any such list. You also agree that you will not use the Services for any purposes prohibited by United States law.

    Notices

    Notices to Captive.com under these Terms shall be in writing and shall be sent electronically to Captive.com via the "Contact Us" form or by certified or registered mail, return receipt requested, or overnight delivery service to Captive.com c/o International Risk Management Institute, Inc., 12222 Merit Drive, Suite 1600, Dallas, TX 75251. Notices from you to us shall be effective when received by Captive.com. Notices from Captive.com shall be in writing and may be sent by email or first-class mail or by posting notice on the Services or by any other method that Captive.com reasonably determines will provide appropriate notice. The Services may also provide notices of changes to these Terms or other matters by displaying such notices in a prominent place or by providing links to such notices. You may not opt out of receiving such notices. Notices from Captive.com to you shall be effective (i) in the case of notices by email, when sent to the email address associated with your account or sent to any other email address made available to Captive.com by you; or (ii) in the case of notices by first-class mail, five (5) business days after mailing the notice to the address associated with your account or to any other address made available by you to us; or (iii) in the case of posting notice in a prominent place on the Services, or notices by other methods deemed reasonable by Captive.com, the date specified in such notices.

    A printed version of these Terms and of any notices given in electronic form shall be admissible in any action or proceeding arising out of or related to these Terms, the Captive.com Site, or your use of the Services to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

    Entire Agreement

    These Terms, including our Privacy Policy, any other terms and conditions incorporated into these Terms by reference or by hyperlink, together with any invoices for subscription fees, to the extent such fees are applicable, constitute the entire agreement between Captive.com and you with respect to visiting, accessing, browsing, using, or continuing to browse and use the Services, and supersede all prior or contemporaneous communications and proposals, whether electronic, oral, or written between you and Captive.com with respect to such subject matter.

    Changes to These Terms, Additional Terms

    We reserve the right to change, modify, or revise these Terms. We will date and post the most current version of these Terms on the Services. We will revise the "LAST UPDATED" date at the top of these Terms, and any changes will be effective upon posting of the revised version of these Terms (or such later effective date as may be indicated at the top of the revised Terms). If, in our sole discretion, we deem a revision to these Terms to be material, we will notify you by email, or by posting a prominent notice on the Services, or by any other method Captive.com reasonably determines will provide appropriate notice. Moreover, additional terms may apply to certain portions of the Services (the "Additional Terms"). In those situations, we will notify you of any such Additional Terms in a manner consistent with this Agreement, including by posting such Additional Terms on the applicable Services. It is your responsibility to check the Captive.com Site or the Services periodically for changes to these Terms. Therefore, we encourage you to check the date of these Terms of Use on a regular basis to see if these Terms have been updated. YOUR CONTINUED ACCESS TO OR USE OF ANY PORTION OF THE CAPTIVE.COM SITE OR THE SERVICES CONSTITUTES YOUR ACCEPTANCE OF AND AGREEMENT TO BE BOUND BY ANY SUCH CHANGES TO THESE TERMS OF USE. IF YOU DO NOT AGREE TO THESE TERMS OF USE, OR ANY SUBSEQUENTLY REVISED VERSION OF THESE TERMS OF USE, OR ANY ADDITIONAL TERMS, YOUR SOLE REMEDY IS TO DISCONTINUE USE OF THE SITE AND THE SERVICES.

    Governing Law, Forum

    These Terms of Use shall be governed by, construed, and enforced in accordance with the laws of the State of Texas, United States of America, without regard to its conflict of laws principles AND WILL SPECIFICALLY NOT BE GOVERNED BY THE UNITED NATIONS CONVENTIONS ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS, IF OTHERWISE APPLICABLE. Any dispute, action, or proceeding arising out of or related to these Terms (including any of our policies referred to herein) or your use of the Services must be commenced in the state or federal courts located in Dallas County, Texas, United States of America, which shall be the exclusive jurisdiction and venue of said dispute, action, or proceeding, and both you and we agree to submit to the personal jurisdiction of such courts for the purposes of litigating such action or proceeding.

    Attorneys' Fees

    The prevailing party in any dispute, action, or proceeding arising out of or related to these Terms (including any of our policies referred to herein) or your use of the Services shall be entitled to reasonable attorneys' fees and court costs.

    Assignment

    No provision of these Terms shall be deemed to confer any third-party rights or benefits. You may not assign or sublicense these Terms of Use, or any license, rights, or benefits granted under these Terms of Use. We may assign or transfer our rights and obligations under these Terms, in whole or in part, to a third party, at any time and without prior notice to you.

    Severability

    If any provision or any portion of any provision of these Terms is found by a court of competent jurisdiction and venue to be unlawful, void, or unenforceable in whole or in part, that provision, or any portion thereof, shall be deemed severable from these Terms and will not affect the validity and enforceability of the remaining provisions.

    Waiver

    A party may only waive its rights under these Terms, by a written document executed by both parties. No delay or omission on the part of either party in exercising any right or remedy under this Agreement will be construed to be a waiver thereof. A waiver of any right or remedy on any one occasion shall not be construed as a bar to or waiver of such right or remedy or any other right or remedy on any future occasion.

    Headings

    The headings or titles of the sections of this Agreement are for convenience of reference only and shall not be used to construe the terms of this Agreement.

    Contact Us

    If you have questions regarding the IRMI Site, the Services, or the meaning or application of these Terms, please click here to contact us. You can also contact us at the following address or phone number:

    Captive.com
    c/o International Risk Management Institute, Inc.
    12222 Merit Drive
    Suite 1600
    Dallas, TX 75251
    Tel: (972) 960–7693
    Toll-Free: (800) 827–4242

    Please note that electronic communications will not necessarily be secure. Therefore, you should not include sensitive information in any electronic correspondence with Captive.com.