IMPORTANT: Please be sure to read the following BEFORE you proceed in this website. If you use this website, you are bound by the following rules (“Terms of Use”), whether you read them or not. We appreciate your visit to our website. To be sure that you understand the purpose and intended use of the website, we have established certain rules for use of the site, including an agreement you automatically accept by opening and reviewing any page or materials within the website. If you do not wish to follow our website’s Terms of Use, please exit the website now. Please read the following Terms of Use carefully! They contain important information regarding your rights and obligations, as well as limitations and exclusions that may apply to your use of this website. The Terms of Use contains a dispute resolution clause. By clicking on the [name of button], you acknowledge having read and understood all of the Terms of Use, and you agree to be bound by these Terms of Use. By proceeding to access any page within this website, you agree to the following rules and Terms of Use:
Ownership of this website and use of website materials
This website is owned and operated by USAble Life. All data or information (“USAble Life Data”) contained in this website is and shall remain the exclusive property of USAble Life. By using this website, you agree to respect the ownership rights and rules of use of USAble Life, including the right of USAble Life to monitor this website at any time and the right of USAble Life to process, retain, copy and, subject to our confidentiality policy and applicable laws or regulations, use and disclose any information you may provide to USAble Life through this website. See our Financial Information Privacy Policy.
Use of this website does not give you any right, title, or other interest in any intellectual or other property rights or interests in this website or the content you access. You must not use any branding or logos used in this website unless USAble Life has given you express written permission. You may not remove, obscure, or alter any legal notices displayed in or along with this website. Absent explicit written permission, you must not reproduce, modify, rent, lease, sell, trade, distribute, transmit, broadcast, publicly perform, create derivative works based on, or exploit for any commercial purposes, any portion or use of, or access to, this website or any content thereof.
You agree not to copy, download, disclose, distribute, transfer, publish, or e-mail any USAble Life Data without the prior, written consent of USAble Life, or as further expressly authorized in this “Ownership” section.
You are authorized to download one copy of any USAble Life Data on this website for your own personal use, provided you (a) do not use the USAble Life Data for any commercial purpose and (b) do not remove, mask or obscure any copyright, trademark, service mark, patent or other intellectual property rights notices or symbols set forth in the USAble Life Data.
USAble Life, in its sole discretion, may change, discontinue or terminate any or all aspects of this website without notice, including access to support services, content and other products or services ancillary to the website, subject to providing an appropriate refund for any portions of a specified but no longer available term.
Limitation and release of USAble Life from liability
As a condition of your use of this website, and of your access to any USAble Life Data herein, you agree that neither USAble Life nor any affiliated company nor any director, officer, employee or agent of USAble Life or its affiliated companies (“USAble Life Parties”) shall be liable to you for any harm, injury or loss you may suffer which allegedly is caused by or related to your access to this website or the content, style, accuracy, inaccuracy, currency or staleness of any USAble Life Data or other information contained or reflected within this website.
By using this website, you agree to waive and release the USAble Life Parties from all liability whatsoever which may be caused by, arise from, or in any way relate to your use of this website, including but not limited to any direct, indirect, incidental, special, consequential, exemplary or punitive damages, physical or mental injury or loss, economic loss, loss of profits, injury to reputation or credit standing, emotional distress, psychological injury or loss or other damage or injury of any kind (“Losses”), regardless of whether such Losses allegedly arise from negligence, breach of contract, breach of warranty, breach of fiduciary duty, strict liability or tort.
You agree that if you are not satisfied with the content or operation of this website or with the content, use or effect of any USAble Life Data, or if you believe that your access to this website or any USAble Life Data has in any way caused injury to you, your sole and exclusive remedy shall be to exit the website and refrain from any further access or use.
Important disclaimers – What we are NOT responsible for
As a condition of your use of this website, and of your access to any USAble Life Data herein, you agree that USAble Life and the USAble Life Parties are NOT RESPONSIBLE FOR:
Errors, omissions or inaccuracies in the website or in any USAble Life Data.
We will try to avoid errors, but you should not expect information in this website to always be current, accurate or error-free because human or machine error may occur, and information may become outdated before we can update this website; in addition, there is always a possibility of “hackers” or other unauthorized postings to this website, which we may not be able to prevent, detect or deter. USAble Life cannot and does not guarantee or represent the accuracy, timeliness, reliability or completeness of any USAble Life Data or other information contained in or accessed through this website.
• Warranties or representations of any kind. USAble Life does not make any warranties or representations of any kind to you or to any other visitor to or user of this website. All USAble Life Data or other information you may access or receive through this website is provided “AS IS” without warranties of any kind, express or implied. This disclaimer of warranties and representations includes but is not limited to any implied warranties of merchantability or fitness for a particular purpose, or of non-infringement of any ownership or intellectual property rights of any third party.
• Viruses, contamination or other technical or system problems, damages or errors. USAble Life will not be responsible for any virus or contamination you or your computer programs or equipment may experience during or as a result of your access to this website or your access to, downloading or use of any USAble Life Data, nor will USAble Life be responsible for any problems, damages or errors associated with your access to this website, or your access to, downloading or use of any USAble Life Data. In using or accessing this website, you assume 100 percent of all risks associated with such access or use, including but not limited to any risk of viruses or contamination, any software, hardware or other problems or losses, or any damages or errors related to such access or use.
• Providing links to other sites, the content of other sites, or the conduct of the owners of other sites. You may see opportunities within this website to link to other websites, an option we may provide from time to time purely as a convenient service to website visitors. If you choose to access other websites from this website, you agree, as a condition of choosing any such link or access, that USAble Life is not and shall not be responsible or liable to you or to others in any way for your decision to link to such other websites. You further agree that USAble Life and the USAble Life Parties are not responsible for the content of any other website to which you may link, nor are USAble Life or the USAble Life Parties liable or responsible under any circumstances for the activities, omissions or conduct of any owner or operator of any other website. Once you choose to link to another website, you understand and agree that you have exited this website and are no longer accessing or using any USAble Life Data. You understand and agree that by making any third-party website link available as an option to you, USAble Life does not in any way endorse any such website, nor state or imply that you should access such website or obtain or use any services, products or information which may be offered to you through such other websites or by the owner or operator of such other websites. The owners or operators of any other websites (not USAble Life) are solely responsible for the content and operation of all such websites. USAble Life makes no warranties or representations of any kind, express or implied, nor of merchantability or fitness for a particular purpose, nor of non-infringement, with regard to the content or operation of any other website to which you may link from this website.
• You acknowledge and agree that this website may be inaccessible or inoperable for periods of time, and from time to time for reasons that include: equipment failures; maintenance (periodic or emergency); other causes outside USAble Life’s control. You agree that USAble Life is not and shall not be responsible or loss resulting from any loss of service or access resulting, in whole or in part, from any cause outside USAble Life’s control.
• You represent and warrant that you are permitted to use this website under applicable law. If you are using this website on behalf of an organization (whether as an employee, agent, or broker), you represent and warrant that you have the legal authority to accept the terms of these Terms of Use on behalf of that organization, in which case that organization accepts these Terms of Use. If you are accessing this website on behalf of another person, the Terms of Use apply to your activities on behalf of that person.
• You are responsible for all activity that happens on or through your account. To protect the security of your account, your password should be kept confidential. Your account password should not be used with any other services. You acknowledge and agree that your account may be inaccessible to you and that all data associated with the account may not be retrievable in the event of the loss of your password.
• Acts or omissions of any other person, company or entity. You agree that USAble Life is not and shall not be responsible or liable to you or to others for any conduct, misconduct, mistakes, errors or omissions of any other person or company which may in some way affect your access to or use of this website or of USAble Life Data, or the operation or content of this website, including but not limited to the acts or omissions of unknown third parties, unauthorized users or “hackers,” internet service providers, competitor companies, utility companies, governments, courts, law enforcement authorities, or local, state or federal regulatory agencies. You agree not to share your password or authorize access to this website and/or your account on this website. You agree that you are liable for any viruses, contamination or other technical or system problems, damages or errors suffered by you, USAble Life, or any other user of this website resulting, in whole or in part, from any person accessing this website using your credentials.
Improper use prohibited
By accessing or using this website, you agree to use it and the USAble Life Data made available herein solely for your own personal use in the manner in which it is intended and for the legitimate business and informational purposes for which the website is operated by USAble Life. You further agree that you shall not use or attempt to use this website or any USAble Life Data or other information obtained herein for any unlawful or harmful purpose, including but not limited to any sabotage, industrial or economic espionage, defamation of any person or company or the humiliation, harassment, intimidation or threatening of any other person or entity. You agree that you will not employ at any time nor attempt to enter into the website any improper data, comments, statements or materials of any kind, including but not limited to any false, fraudulent, defamatory, or scandalous data, statements or accusations, any profanity, any pornographic or sexually explicit materials, images, depictions, diagrams, drawings, illustrations, video displays or references of any kind, nor any material containing or designed or intended to convey any insults to another person based on race, sex, national origin, ethnicity, age, color, disability, sexual orientation or religion. You understand and agree that this website is a private enterprise owned and operated exclusively for business purposes of USAble Life and its affiliated companies, and as such that this website shall not be used by you to solicit any business apart from the products, goods or services offered by USAble Life, nor shall this website be used by you to promote any personal, political or religious agenda or philosophy of you or any other person or organization.
You agree that USAble Life shall be entitled, if it so chooses, to take steps to bar your continued use or access to this website in the event of any improper activity of any kind and further that USAble Life may report any such improper activity to appropriate civil or criminal authorities or agencies, either local, state or federal, and may in certain instances pursue civil action or criminal charges and prosecution against violators.
Jurisdiction and remedies for violation of rules
If you violate any of these website rules, or if there is any dispute between you and USAble Life relating to your access to or use of the website or to the USAble Life Data, you agree that you will be subject to the personal jurisdiction of the courts of Pulaski County, Arkansas, for all purposes relating to any civil or criminal action in connection with your violation or with regard to any dispute between you and USAble Life related to this website. In the event of any violation of these rules, you agree that, in addition to damages or other remedies that might be available, USAble Life shall be entitled to an injunction against you to stop such violations.
Product offerings limited to certain residents
While it is possible that you may access this website from any state in the United States, you understand and agree that the insurance business of USAble Life is limited to the states wherein USAble Life is licensed to do business and USAble Life does not solicit or seek to place any insurance coverage in states in which USAble Life is not licensed. Accordingly, you agree that if you are a resident of any state wherein USAble Life is not licensed, you will disclose your residency accurately and completely and will not accept any insurance offering or solicitation of USAble Life, even if some such offering or solicitation is mistakenly or inadvertently directed to you as a resident of any state wherein USAble Life is not licensed, either by machine or human error.
Cooperation, release of data and privacy policy
You acknowledge that use of this website may necessitate use and/or disclosure of Confidential Information. The term “Confidential Information” includes, but is not limited to information protected as Protected Health Information (PHI) as that term is defined by the Health Insurance Portability and Accountability Act of 1996, as amended (HIPAA) and its implementing regulations or Personally Identifiable Information (PII) as that term is defined by the Financial Modernization Act of 1999 (the Gramm Leach Bliley Act or “GLB”); as well as any information protected from disclosure by any other federal, state, or local law or regulation.
You agree not to access, view, use, download, transmit or otherwise disseminate any Confidential Information from this website unless such use or disclosure is compliant with applicable law (including but not limited to HIPAA and GLB), these Terms of Use, and the terms of any agreement between you and any organization on whose behalf you are acting when you accesses this website. The express intent of this term is to ensure that you will use and access only the minimum amount of Confidential Information necessary to perform your duties and that you will not disclose Confidential Information from this website unless expressly authorized in writing to do so by USAble Life and every other person with an interest in maintaining the confidentiality and privacy of such Confidential Information (including, if applicable, individual insureds).
By accessing or using this website, you agree to cooperate fully with USAble Life to promote the proper use and working of the website, and to identify, report or investigate any improper use or conduct in connection with the website. You agree to promptly report to USAble Life any improper use of the website or USAble Life Data, or any improper or unauthorized content or information displayed within the website. If you enter any data on any web page or location within this website, or otherwise provide data in response to the website or in connection therewith, you authorize the release of such data to USAble Life and to all affiliated companies, employees or agents of USAble Life whose access to such data is related to the business operations of USAble Life or its affiliated companies. This authorization for release of data is subject to the confidentiality policies of USAble Life, and requirements of applicable laws and regulations. While USAble Life will treat personally-identifiable data you may enter or submit via this website as confidential to USAble Life and its affiliated companies, USAble Life cannot and does not guarantee that data you enter or submit on this website is secure or will not be accessible to unauthorized third parties or unintended recipients. See our Financial Information Privacy Policy.
Indemnification
If you are using this website on behalf of a company, business or other entity, or if you are using this website for commercial purposes, you and the entity will hold harmless and indemnify USAble Life from any suit, claim or action arising from or related to the use of this website or violation of these Terms of Use, including any liability or expense arising from any claims (including claims for negligence), losses, damages, suits, judgments, litigation costs and attorneys’ fees.
Notices
USAble Life may provide you with notices, including service announcements and notices regarding changes to the terms of these Terms of Use, by, but not limited to, email, regular mail, text message or SMS, MMS, push notification or in-app message, postings on this website, telephone, or other reasonable means now known or hereafter developed. You consent to receive these notices by any and all of the foregoing means. You may not receive notices if you violate these Terms by accessing this website in an unauthorized manner, and you will be deemed to have received any and all notices that would have been delivered had you accessed this website in an authorized manner.
Changes to Terms of Use
USAble Life reserves the right to amend or modify the Terms of Use for this website from time to time. Unless USAble Life indicates otherwise, such modifications will be effective as of the date they are posted on this website or any successor website. You should review the terms regularly. Your continued use of this website after the effective date of any modifications to these Terms of Use constitutes your agreement to the Terms of Use as modified.
Governing Law
Except to the extent these Terms of Use are governed by federal law, they shall be governed by and construed in accordance with the laws of the State of Arkansas without giving effect to any choice or conflict of law provision or rule (whether of the State of Arkansas or any other jurisdiction) that would cause the application of laws of any jurisdiction other than those of the State of Arkansas. Any legal suit, action or proceeding arising out of or related to the use of this website or these Terms of Use, or the matters contemplated hereunder shall be instituted exclusively in the courts sitused in Pulaski County, Arkansas, and each party irrevocably submits to the exclusive jurisdiction of such courts in any such suit, action or proceeding and waives any objection based on improper venue or forum nonconveniens.
BY ACCESSING, USING, OR INSTALLING ANY PART OF THIS WEBSITE, YOU EXPRESSLY AGREE TO AND CONSENT TO BE BOUND BY ALL OF THESE TERMS OF USE. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF USE, YOU MAY NOT ACCESS, USE, OR INSTALL ANY PART OF THIS WEBSITE. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF USE, PLEASE LEAVE THIS WEBSITE.
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