This Website and the Information (defined below) herein is directed at and is intended for use by persons in the United States only. None of the services or information described in this Website related to viatical or life settlements are available to persons resident in any state or territory where such services are deemed contrary to local laws or regulations. We do not intend the Information provided on this Website to be distributed to, or used by, any person or entity in any jurisdiction where such distribution or use would be contrary to law or regulation or which would subject Us to any registration or licensing within such jurisdiction or country, except to the extent specified in the Licensing Disclaimer below.
NOTE: THIS AGREEMENT CONTAINS AN AGREEMENT TO ARBITRATE ALL CLAIMS AND CONTAINS DISCLAIMERS OF WARRANTIES AND LIABILITY.
Copyrights and Marks.
If You download any Information from this Website, You agree that You will not copy it or remove or obscure any copyright or other notices or legends contained in any such Information. Modification of this the Information from this Website would be a violation of Our copyright and other proprietary rights. You may not use this Website for any illegal purpose or in any manner inconsistent with applicable law or Our Policies. Without Our prior written consent, You may not use the Information on this Website to: (i) provide access to the Information to any third person, or to otherwise distribute, make available, transmit or otherwise disseminate the Information to anyone else or to use the Information on this Website; (ii) download any Information on this Website, except as specifically set forth on this Website (payment of fees and registration); (iii) sell the Information downloaded (or copied in any other form) for money, exchange or other consideration; (iv) redistribute or republish the Information in any manner or over any other medium, including, but not limited to, television or radio broadcast, a computer network or hyperlink framing on the Internet; (v) make any more than one print copy of the Information for Your personal use; or (vi) make any alterations, additions or other modifications to the Information.
You may not use any of Our trademarks, trade names, service marks or other identifying marks (“Marks”) in a manner that suggests that such Marks belong to or are associated with You or are used with Our prior written consent. You acknowledge that You have no ownership rights in and to any of Marks. You will not use this Website or the Information contained herein in unsolicited mailings or spam material. You will not spam or send unsolicited mailings to any person or entity using this Website. You agree to comply with any other applicable conditions set forth on this Website.
Overview and Limitation of Company Services. We are engaged in the business of providing referrals (“Referrals”) between people who may wish to sell their life insurance policies in a viatical or life settlement transaction (each, a “Transaction,” or collectively, the “Transactions”) and licensed viatical or life settlement brokers (each a “Life Settlement Broker,” or collectively, “Life Settlement Brokers”). This service is considered a life settlement lead generation service (the “Service”). We, through this Website, merely wish to educate consumers and, at their request, assist them in connecting with Life Settlement Brokers who may assist them in exploring potential Transactions. We do not purchase life insurance policies or broker that sale of life insurance policies. We only connect You with wholesale Life Settlement Brokers who may assist You through their own services in valuing or selling Your life insurance policy. By accessing this Website, You are under no obligation to sell Your life insurance policy or engage a Life Settlement Broker to represent you, and there is no fee payable by you to Us. We may be compensated by a Life Settlement Broker only if You complete a Transaction through a Life Settlement Broker to which We refer You.
No Guaranty of Sale of Life Insurance Policy. Even if We introduce You to one or more Life Settlement Brokers, there is no guaranty that You will be able to sell Your life insurance policy. We do not guaranty that You will a find purchaser for Your life insurance policy or that You will be able to conclude a Transaction.
No Solicitation of Securities or Transaction Services. Neither the Information, nor any opinion contained in this Website constitutes a solicitation or offer by Us to buy or sell any securities, insurance policies or other financial instruments, or to provide any viatical or life settlement, insurance or investment advice or service.
No Business, Legal or Other Professional Advice. You should not construe any of the Information contained in this Website as business, financial, insurance, investment, legal, regulatory, tax or accounting advice, and You should not make this Website the primary basis for Your decisions regarding Your life insurance policy or any decisions regarding contemplated Transactions. We do not facilitate any Transactions, and We are not responsible or liable for Transaction document preparation or review of any of the terms, representations, warranties, covenants or conditions in such Transaction documents. We do not provide “valuation services,” and We do not provide You with advice on the price to sell Your life insurance policy. Under no circumstances should We be considered Your advisor or fiduciary and, if You require advice with respect to Your life insurance policy or any contemplated Transactions, You should consult Your own business, financial, accounting, insurance, investment and/or legal advisors.
Considerations in Selling a Life Insurance Policy. Nothing set forth in this Website should be construed as a recommendation to purchase or sell any life insurance policy or to enter into any Transaction, or as a representation that any particular Transaction is suitable or appropriate for You. We do not provide any legal, financial, insurance or tax advice. Generally, people often have taxable income as the result of the sale of life insurance policies. If You sell Your life insurance policy, You may lose valuable life insurance benefits for You or Your beneficiaries or lose Your eligibility for certain other benefits, such as Medicaid or other government benefits or entitlements. There may be possible alternatives to selling Your life insurance policy, including the ability to receive accelerated death benefits or life insurance policy loans if offered under Your life insurance policy. Your decision to sell Your life insurance policy should be made only with the assistance and advice of Your own legal, financial, insurance, tax and other advisors as You deem appropriate in order to obtain a full understanding of the potential risks and ramifications thereof in consideration of Your particular circumstances.
Website Updates and Changes. This Website and the Information which it contains are subject to change at any time by Us without notice to You, and We reserve the right to suspend, terminate or restrict Your access to or use of this Website.
Disclaimer as to Information; Limitations of Liability. ALTHOUGH THE INFORMATION PROVIDED TO YOU ON THIS WEBSITE IS OBTAINED OR COMPILED FROM SOURCES WE BELIEVE TO BE RELIABLE, NEITHER WE NOR ANY OF OUR SUPPLIERS, AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS OR OTHER CONTRIBUTORS TO THIS WEBSITE MAKE ANY WARRANTIES, EXPRESS OR IMPLIED, AS TO THE ACCURACY, VALIDITY, TIMELINESS OR COMPLETENESS OF ANY OF THE INFORMATION PROVIDED ON THIS WEBSITE. THIS WEBSITE IS PROVIDED “AS IS” WITHOUT ANY WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR USE, ACCURACY OR COMPLETENESS OF THE INFORMATION CONTAINED ON THIS WEBSITE OR IN RESPECT OF ANY MATERIALS OR PRODUCTS REFERRED TO ON THIS WEBSITE, OR NON-INFRINGEMENT. DIFFICULTIES IN USE OF THIS WEBSITE COULD INVOLVE, AMONG OTHERS, FAILURES, DELAYS, MALFUNCTION, SOFTWARE EROSION, INADVERTENT DISCLOSURE OF INFORMATION PROVIDED TO US VIA THIS WEBSITE, OR HARDWARE DAMAGE, WHICH DIFFICULTIES COULD BE THE RESULT OF HARDWARE, SOFTWARE OR COMMUNICATION LINK INADEQUACIES OR OTHER CAUSES. SUCH DIFFICULTIES COULD LEAD TO POSSIBLE ECONOMIC AND/OR DATA LOSS. WE DO NOT WARRANT THAT THIS WEBSITE IS COMPATIBLE WITH YOUR EQUIPMENT OR THAT THIS WEBSITE IS FREE OF ERRORS, VIRUSES OR WORMS. IN NO EVENT SHALL WE OR ANY OF OUR SUPPLIERS, AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS OR OTHER CONTRIBUTORS TO THIS WEBSITE BE LIABLE FOR ANY SPECIAL, INDIRECT, PUNITIVE OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OR CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE INFORMATION OR THIS WEBSITE. NEITHER WE NOR ANY OF OUR SUPPLIERS, AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS OR OTHER CONTRIBUTORS TO THIS WEBSITE WILL BE LIABLE OR HAVE ANY RESPONSIBILITY OF ANY KIND FOR ANY LOSS OR DAMAGE THAT YOU INCUR IN THE EVENT OF ANY FAILURE OR INTERRUPTION OF THIS WEBSITE, OR RESULTING FROM THE ACT OR OMISSION OF ANY OTHER PARTY INVOLVED IN MAKING THIS WEBSITE OR THE INFORMATION CONTAINED THEREIN, OR FROM ANY OTHER CAUSE RELATING TO YOUR ACCESS TO, INABILITY TO ACCESS, OR USE OF THIS WEBSITE OR THE INFORMATION, WHETHER OR NOT THE CIRCUMSTANCES GIVING RISE TO SUCH CAUSE MAY HAVE BEEN WITHIN OUR CONTROL THE CONTROL OF ANY VENDOR PROVIDING SOFTWARE OR SUPPORT SERVICES TO US OR THIS WEBSITE. THERE IS NO WARRANTY THAT ANY INFORMATION, WEBSITE CONTENT, COMPUTER PROGRAM OR ANY EFFORTS PROVIDED BY US WILL FULFILL ANY OF YOUR PARTICULAR PURPOSES OR NEEDS. ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, ARE HEREBY EXCLUDED TO THE EXTENT PERMITTED BY LAW. YOUR SOLE REMEDY IN THE EVENT YOU HAVE A CLAIM IN RESPECT TO THIS WEBSITE OR THE INFORMATION HEREIN IS FOR US TO REPAIR, REPLACE, CORRECT OR REMOVE THE INFORMATION FROM THIS WEBSITE.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
Licensing Disclaimer. This Website and the Information herein is not intended for consumers in or directed into any state in which such Website or Information requires pre-approval by any state insurance commissioner or, where We, by virtue of Our Services, may be required to be licensed in such state, except as otherwise noted in this Website. We are not licensed, acting or intending to act as an insurance company, an insurance agency, an insurance producer, an insurance broker, an investment advisor, a viatical or life settlement provider (“Life Settlement Provider”), a Life Settlement Broker, or a viatical or life settlement representative. We are not an agent, broker, fiduciary or representative of You, any life insurance policy owner, any individual insured under a life insurance policy, any insurance company, any insurance agency, any insurance producer, any insurance broker, any investment advisor, any Life Settlement Provider, any Life Settlement Broker, or any viatical or life settlement representative. We, through this Website, merely make referrals between people who may wish to sell their life insurance policies in a Transaction and Life Settlement Brokers.
Submissions. With the exception of any Person Health Information, You submit (which shall be maintained in accordance with Our Privacy Notice), any information You transmit to Us via this Website or by any other means, whether by direct entry, submission, electronic mail or otherwise, including data, questions, comments, suggestions, ideas, concepts, know-how, techniques, feedback or other information (“Submissions”) will be treated as non-confidential and non-proprietary and will become Our sole property. We shall own exclusive rights in, including all Intellectual Property Rights in, and shall be entitled to the unrestricted use and dissemination of, all Submissions for any purpose, commercial or otherwise, including, but not limited to, reproduction, solicitations, disclosure, transmission, publication, broadcast, posting developing and marketing products using such Submissions, without acknowledgment or compensation to You.
Access By Minors. The Website is not intended for minors; rather, this Website is intended for adult users only. However, We cannot prohibit minors from visiting this Website. We must rely on parents, guardians and those responsible for supervising children under 13 years of age to decide which materials are appropriate for such children to view and/or purchase. Pursuant to 47 U.S.C. § 230(d), as amended, We hereby notify You that parental control protections (such as computer hardware, software or filtering services) are commercially available that may assist You in limiting access to material that is harmful to minors. You can discover some of the providers of such parental control technology by searching for “parental control software” using a major search engine, or visiting http://www.ftc.gov/bcp/edu/pubs/consumer/tech/tec08.shtm.
Advertisements Disclaimer. To the extent Information on this Website includes advertising, promotions or other sales related data, We do not investigate the validity of such information or review the advertising for compliance with applicable laws, rules or regulations. We are not responsible for errors in such Information, and such Information does not and is not an offer to enter into a contract, but rather, is merely a solicitation to receive offers from You. We do not vouch for, review, validate, accept responsibility for or otherwise undertake any liability arising from, third party advertiser statements, products, services or other actions of third parties.
Linking; No Framing. We permit reasonable, good faith and non-defamatory links to this Website so long as: (i) it is clear in the link reference that We have not endorsed the contents of the referring page, and that any statements made have not been reviewed or approved by Us; and (ii) no use is made of Our Marks (though the wordmarks may be used if proper credit is provided on the page). Unless We have specifically agreed to do so in writing pursuant to a written agreement signed by Us, We do not consent to “framing” or displaying any of Our Information in connection with, inside of, in relation to, or otherwise as part of, any other website or other information provider. In any instance that we do agree by prior written consent to permit such “framing” of Our Information, We reserve the right at any time to revoke such consent, and You agree that immediately upon receipt of such revocation notice, You will terminate all links identified by Us to be terminated.
User Content Posted on this Website; User Ratings.
If We provide sections on this Website for ratings or reviews of Life Settlement Brokers, other users of this Website may provide such reviews or ratings of said Life Settlement Brokers. We do not validate such reviews or ratings, nor are We responsible for their content or accuracy. We may provide Life Settlement Brokers with an ability to comment or respond to such reviews or ratings. We do not validate such responses by Life Settlement Brokers, nor will We act as an arbiter of disputes in connection with reviews, ratings, responses or comments. We reserve the right to remove or edit reviews, ratings, responses or comments for any reason We deem inappropriate in Our sole discretion, including, but not limited to, such reviews, ratings, responses or comments violate Our Policies or violate applicable law.
When You post User Content to this Website, You authorize and direct Us to make such copies thereof as We deem necessary in order to facilitate the posting and storage of the User Content on this Website. By posting User Content to any part of this Website, You automatically grant, and You represent and warrant that You have the right to grant, to Us an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to use, copy, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part) make derivative works from and distribute such User Content for any purpose, commercial, advertising, or otherwise, on or in connection with this Website or the promotion thereof, to prepare derivative works of, or incorporate into other works, such User Content, and to grant and authorize sublicenses of the foregoing. You may remove Your User Content from this Website at any time. If You choose to remove Your User Content, the license granted above will automatically expire (but not as to any person we may have granted a sublicense, such as Life Settlement Broker); however, You acknowledge that We may retain archived copies of Your User Content.
Available Remedies for Use of Information. Unless content on this Website specifically states that such Information has been validated, We do not validate, error check or otherwise confirm the truth or accuracy of Information posted on this Website; nor do We review, edit, censor or warrant the quality or accuracy of Information that You may acquire from this Website. You agree not to sue or make any claim of any kind against Us regarding Information posted or available on this Website. When We become aware of any incorrect Information or harmful activities or if We receive any complaint from a third party, in Our sole and unfettered discretion, We may take steps to stop the activity, such as removing the offending materials, denying the offender access to this Website or any other action We deem appropriate. We are required to remove or block access to content or postings upon receipt of a proper notice of copyright infringement. All remedies are non-exclusive. We are not responsible for (and You agree not to sue Us in respect of) the Information. The sole and exclusive remedy for any claim against Us shall be for Us to repair, replace or remove erroneous or illegal Information.
Copyright Complaints. We respect the intellectual property rights of others, and We prohibit users from uploading, posting or otherwise transmitting on this Website any materials that violate another party’s intellectual property rights. When We receive proper notification of alleged copyright infringement, We promptly remove or disable access to the allegedly infringing material and terminate the accounts of repeat infringers (described below) in accordance with the Digital Millennium Copyright Act (“DMCA”). If You believe that any material on this Website infringes upon any copyright that You own or control, You may send a written notification of such infringement to Our designated agent, David Janiczek, by mail to 9319 Baltimore National Pike, Suite 100, Ellicott City, MD 21042, or by email to email@example.com.
Repeat Infringer Policy. In accordance with the DMCA and other applicable law, We have adopted a policy of terminating, in appropriate circumstances and at Our sole discretion, users who are deemed to be repeat infringers. We may also at Our sole discretion limit access to this Website and/or terminate the memberships of any users who infringe any Intellectual Property Rights of others, whether or not there is any repeat infringement.
Any judgment upon the award rendered by the arbitrators may be entered in any court of competent jurisdiction. The agreement to arbitrate shall not be construed as an agreement to the joinder or consolidation of arbitration under this agreement with an arbitration of disputes or claims of any non-party, regardless of the nature of the issues or disputes involved. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.
THIS AGREEMENT PROVIDES THAT ALL DISPUTES BETWEEN YOU AND US (EXCEPT AS STATED ABOVE RELATING TO EQUITABLE CLAIMS BY US) WILL BE RESOLVED BY BINDING ARBITRATION. YOU THUS GIVE UP YOUR RIGHT TO GO TO COURT TO ASSERT OR DEFEND YOUR RIGHTS. YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN OR BRING CLASS ACTIONS. YOUR RIGHTS WILL BE DETERMINED BY A NEUTRAL ARBITRATOR AND NOT A JUDGE OR JURY. You are entitled to a fair hearing, and the arbitration procedures are simpler and more limited than rules applicable in court. Arbitrator decisions are enforceable as any court order and are subject to very limited review by a court. By using Our goods, facilities and services, including this Website, You consent to these restrictions.
Should a Dispute arise and should the arbitration provisions herein become inapplicable or unenforceable, or in any instance of any lawsuit between You and Us, You agree that jurisdiction over and venue of any suit shall be exclusively in the state and federal courts sitting in Howard County, State of Maryland. If either party employs attorneys to enforce any right in connection with any dispute or lawsuit, the prevailing party shall be entitled to recover reasonable attorneys’ fees, in the discretion of the arbitrator (or judge if applicable).
- use or attempt to use this Website for any illegal, abusive or unethical activities as determined by Us in Our sole discretion, which include by example and not limitation, transmission of illegal pornographic material, invasion of privacy, violation of a right of publicity, defamation, infringement of another person’s copyright, trade secret, patent, trademark or other intellectual property rights, hacking or cracking (gaining unauthorized use of a computer), distributing computer viruses or other malware, gambling, harassment of another or distribution of other harmful materials, code, programs or scripts.
- send unsolicited bulk electronic mail messages, whether via email or text or other electronic service (“junk mail” or “spam”). This includes bulk-mailing of commercial advertising, information announcements, charitable solicitations and political solicitations. Such material may only be sent to those who have specifically requested it or as authorized by applicable law, provided that if You assert that Your activities are authorized by applicable law, You shall provide an opinion of reputable counsel establishing a basis upon which Your actions are taken. Malicious or threatening electronic communications is also prohibited. Normally We will assume that You are in compliance with this provision; however, if an upstream provider blacklists Our IP range or mail/text server as a result of activities We trace to You, We will presume that You are in violation of this provision.
- breach any applicable data protection statute by, for example, sending or storing personal information (as defined in applicable data protection statutes) in an unencrypted form.
- impersonate another person, falsify the source of TCP/IP packets, spoof any portion of an electronic communication or TCP/IP header, or misrepresent authorization to act on behalf of others or Us. All messages and packets transmitted via the Internet service should correctly identify the sender and source. You may not alter the attribution of origin in electronic communications messages or postings.
- undermine the security or integrity of computing systems or networks or gain unauthorized access or control over Our computers or any other person’s computers.
- permit another person to use Your resources or this Website to conduct any of the matters You are prohibited from doing.
- distribute any files in any peer-to-peer or file sharing arrangement, where it is possible that in such file sharing process any of this Website may be used to distribute copyrighted materials to or from persons who are not authorized to receive, copy, distribute or use them.
- take any action that would cause Us to violate any terms of an upstream service provider’s acceptable use policy or applicable law.