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TOWER AUTOMOTIVE - TERMS AND CONDITIONS OF SERVICE

PLEASE READ THESE TERMS AND CONDITIONS OF SERVICE (THE "TERMS") BEFORE ACCESSING THE MEMORANDUM OF INSURANCE ("MOI"). The MOI is located on the Internet web site maintained by Marsh Inc. (the "Site") and provides insurance coverage information relating to Tower Automotive, Inc. and its subsidiaries and affiliates ("Tower"). Your access to and use of the MOI is subject to the TERMS and also to the TERMS OF USE (the "Tower Site TERMS") of Tower's Internet web site (the "Tower Site"). By selecting the "I Accept" button below, you signify your acceptance of the TERMS and the Tower Site TERMS. If you do not wish to accept the TERMS and the Tower Site TERMS, you may not use the Site.

  1. User Assent to Terms and Conditions of Site. You represent that you have read and agree to be bound by the TERMS. You further agree: (i) to comply with applicable law regarding the transmission of any data obtained from the Site; (ii) not to use the Site for illegal purposes.


  2. Use of MOI and Site Information. The information in the MOI and on the Site regarding Tower's insurance coverage is provided as a matter of information only and does not amend, extend or alter the insurance coverage provided in the insurance policies or the terms of any insurance policies. In the event of any conflict between the insurance policies and information reflected in the MOI or on the Site, the terms of the insurance policies shall govern and control.


  3. Representations and Warranties. You represent, warrant and covenant that you: (i) have the power and authority to enter into this agreement; (ii) shall use the Site only as set forth in these TERMS and any terms of Marsh Inc. for use of the Site.


  4. Restrictions on Use. You agree not to use the Site in any manner inconsistent with the Terms or any terms of Marsh Inc. for use of the Site.


  5. Reservation of Rights. From time to time, Tower may modify the TERMS, the Tower Site TERMS and reserves all rights to make such modifications at any time and without prior notice. Accordingly, please continue to review the TERMS whenever accessing the MOI.


  6. Disclaimer and Limitation of Liability. You agree that your use of the Site is at your sole risk and acknowledge that the Site and anything contained therein, including, but not limited to the MOI are provided "AS IS" and that TOWER MAKES NO WARRANTY OR REPRESENTATION OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE. TOWER SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES EVEN IF AN AUTHORIZED REPRESENTATIVE OF TOWER HAS BEEN ADVISED SPECIFICALLY OF THE POSSIBILITY OF SUCH DAMAGES, ARISING FROM USE OF OR INABILITY TO USE THE SITE OR ANY ITEMS ON THE SITE OR ANY PROVISION OF THE TERMS. (Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages.)


  7. Indemnification. You agree to indemnify, defend and hold harmless Tower and its employees, representatives, and agents, against any claim, suit, action or other proceeding, to the extent based on or arising in connection with your use of the Site, including, but not limited to: (i) your use or someone using your computer's use of the Site; (ii) a violation of the TERMS or any terms of Marsh Inc. by you or anyone using your computer; (iii) any deletions, additions, insertions or alterations to, or any unauthorized use of, the MOI or the Site by you or someone using your computer; or (iv) any misrepresentation or breach of representation, warranty or covenant made by you contained herein. You agree to pay any and all costs, damages and expenses (including reasonable attorneys' fees) and costs awarded against or incurred by or in connection with or arising from any such claim, suit, action or proceeding.


  8. Governing Law. These TERMS shall be governed and construed in accordance with the laws of the State of Michigan, without giving effect to conflicts-of-law principles thereof.


  9. Access Outside the United States. If you choose to access the Site from outside the United States, you are responsible for compliance with foreign and local laws.



  I Accept.   I DO NOT accept.