Terms of Use

Effective Date:  April 20, 2020

Welcome to www.independent.life (the “Site” or “Website”).  

 

Please read these terms and conditions of use (“Terms of Use”) and the Privacy Policy (“Privacy Policy”) as they, together with any additional terms to which you agree when using the Site, constitute the entire agreement regarding the Site and set forth the legally binding terms governing your visit to the Site.

 

These Terms of Use apply to all persons who visit this Site regardless of their level of participation. The use of the term Independent Life or “Company” herein includes Independent Life Insurance Company, Independent Assignment Company and their affiliates, vendors, partners, agents and other personnel. In addition to all other agreements that may be provided to you, these Terms of Use set forth the legally binding terms for your use of the Site and shall apply to all users of the Website.

 

By accepting these Terms of Use you affirm that you are over 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and that you are fully able and competent to enter into and accept the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Use, and to abide by and comply with these Terms of Use. By using this Site, you also agree that you will not use this Site for any purpose that is unlawful or in contravention of these Terms of Use.

 

Changes to the Site

The Company reserves the right to change, modify, suspend, discontinue or permanently cancel this Site's operation or portions thereof without any notice to you, including but not limited to the offering of certain products or services, at any time and from time to time without notice and without incurring any obligations. Your use of this Site after any changes are posted will be considered acceptance of such changes. Continued use of the Site following the effective date of any such changes shall indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes. If you do not agree to any of these Terms of Use, or the Privacy Policy, please do not use the Site.

 

Third Party Information

This Site may contain links to third-party websites (“Third Party Websites”) that are not owned or controlled by the Company.  The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any Third Party Websites.  In addition, the Company will not and cannot censor or edit the content of any Third Party Website.  By clicking on links, you expressly relieve the Company from any and all liability arising from your use of any Third Party Website, or from the content of any Third Party Website.  When using a Third Party Website, you should be aware when you leave this Site and read the terms and conditions and privacy policy of each Third Party Website that you visit. Company makes no representation as to the completeness or accuracy of information provided at these web sites. Company is not responsible for the content of any Site linked to this Site and is not directly or indirectly implying any approval, endorsement or affiliation with any linked Site.

 

Limited Licenses

This Site, including all materials, is protected by U.S. copyright laws whether or not a copyright notice is present on the materials. All text, images, graphics, animation, videos, music, sounds and other materials on this Site are subject to the copyrights and other intellectual property rights of the Company.  You agree to comply with all copyright laws worldwide in your use of this Site and to prevent any unauthorized copying of the materials. Except as expressly provided herein, the Company does not grant any express or implied right to you under any patents, trademarks or copyrights.

Subject to your continued compliance with these Terms of Use, the Company grants you a non-exclusive, non-transferable, limited right to access, use, display and listen to this Site and the information, images, sounds and text (the “Materials”) thereon. You agree not to interrupt or attempt to interrupt the operation of the Site in any way. You agree not to dispute the Company’s claims of ownership or validity of its rights in the Materials on this Site.

Your use of this Site is subject to the following restrictions: (a) you must retain, on all copies of the Materials downloaded, all copyright and other proprietary notices contained in the Materials; (b) you may not modify the Materials in any way or reproduce or publicly display, perform, distribute, or otherwise use them for any public or commercial purpose; and (c) you must not transfer the Materials to any other person unless you give them notice of, and they agree to accept, the obligations arising under these Terms of Use.

 

User Conduct

While using the Website, you agree not to:

  • upload, download or otherwise transfer or distribute any inappropriate, defamatory, infringing, pornographic, obscene, racist, terrorist, indecent or unlawful material or information.

  • in any manner reveal confidential or proprietary information of any third party for which do not have requisite and applicable right(s) under law.

  • defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of any other party.

  • upload or otherwise make available, files that contain images, photographs, software or other material protected by intellectual property laws, including, by way of example, and not as limitation, copyright or trademark laws (or by rights of privacy or publicity) unless you own or control the rights thereto or have received all necessary consent to do the same.

  • upload files that contain viruses, trojan horses, worms, time bombs, cancelbots, corrupted files, or any other similar software or programs that may damage the operation of another's computer or property of another.

  • download any file you know, or reasonably should know, cannot be legally reproduced, displayed, performed, and/or distributed in such manner.

  • falsify or delete any copyright management information, such as author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.

  • create a false identity for the purpose of misleading others.

  • not incorporate any content from this Site into your site (e.g., by in-lining, framing or creating other browser or border environments around the website content). You may only link to,

  • not replicate, the Site content;

  • not use any trademarks, logos, designs or service marks of the Company in your links;

  • not create the appearance of a relationship or affiliation with the Company; and

  • not maintain any offensive, illegal or inappropriate content on the Site.

 

While using the Website you agree not to violate any applicable law or regulation, or access, tamper with, or use non-customer areas of the Website or the Company’s computer systems. You may not compromise Website security or tamper with Website accounts. The use of tools designed for hacking or compromising security (e.g., password-guessing programs, cracking tools or network probing tools) is strictly prohibited.

 

You may not probe, scan or test the vulnerability of the Website, nor breach security or authentication measures on the Website. You may not reverse look-up or trace any information on any other user of or visitor to the Website, or any customer of the Company, or disclose any information about any such visitor or customer.

 

If you violate system security, the Company reserves all rights available in criminal and civil law, as well as the right to release your details to system administrators at other sites in order to assist them in resolving security incidents. The Company reserves the right to investigate suspected violations of these Terms of Use by any lawful means.

 

The Company reserves the right to cooperate fully with any law enforcement authorities or court order requesting or directing it to disclose the identity of anyone violating the law or these Terms of Use.

 

The Company reserves the right, in its sole discretion, to suspend or terminate your access to the Website or any part thereof for breaching any of these Terms of Use.

 

By accepting these Terms of Use you waive and hold harmless the Company from any claims resulting from any action taken by the Company during or as a result of its investigations and/or from any actions taken as a consequence of investigations by either the Company or law enforcement authorities, provided that these actions are compliant with all applicable laws or regulations.

 

Access and Activity: Open Areas and Password Areas 

Some areas of the Site may be accessible without password access control (“Open Areas”).  You may be assigned a password or access code (“Password”) in order to access, to view, and to use some aspects of the Services (“Password Areas”) and, if applicable, to upload or review certain information (“Content”) onto the Site.  To the extent that the Company possess the right to use, display, distribute, copy, alter, or publicly perform the Content and the right to authorize such acts with respect to the Content and the Website, the following limited licenses apply:  (1) in Open Areas, we grant to You in the course of accepting this Agreement a personal, nonexclusive, nonassignable and nontransferable license to use and display Content and to access and to use the Website; and (2) in Password Areas, the issuance of any Password by us shall operate as a personal, nonexclusive, nonassignable and nontransferable license to use and display Content and to access and to use the Site in the Password Areas, within the scope of access and use supported by the Password in the course of normal web browsing, during the session for which the Password is accepted only; provided, however, that the foregoing shall not authorize any activity or access that is otherwise indicated in writing by us to be unauthorized, whether by this Agreement, or a separate document or communication from us (such as pop-up, e-mail or postal mail).  In addition to the limited authorization provided above, You may make a single hard-copy printout, for internal use only (with no right of distribution) of Company Content. 

 

Limitations and Obligations Regarding Password Security

You agree to maintain all Passwords as private and confidential information. Your Password and any authorization thereunder may not be transferred, leased, assigned, or sublicensed without our prior written consent.  You will not yourself, and will not allow others to, circumvent the password restrictions on the Site. You further agree to notify us immediately upon discovery or suspicion of compromise of the confidentiality of Your Password and of any change in contact information.  You shall be solely responsible for securing the Password and preventing misuse or unauthorized use of the Password.  The support of Passwords by us and the Site is not a representation that information published and designated for access only by certain passwords, password types, or password levels is guaranteed confidential or private or that it is accessible only to such designated passwords, password types, and password levels.  You acknowledge that no password or electronic security system is foolproof. You agree not to rely upon the password system to protect or limit distribution of any Content that may be of a sensitive nature or otherwise inappropriate for general dissemination.  You shall be responsible for all use of the Site accessed in connection with Your Password and all transactions effected in connection with the Password.  In particular, without limitation, we shall be entitled to rely upon the authority to act for and to You or any person accessing the Site with the password.

 

Trademark Notice

The names and all trademarks and logos of Company displayed on this Site are owned or used under license by Company or its affiliates. The unauthorized use of any trademark displayed on this Site is strictly prohibited.

 

Notice of Infringement Claims

Company respects the intellectual property of others, and we ask our users to do the same. If you believe that your intellectual property has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, please provide us with the following information in an email to quotes@independent.life:

  1. The date of the notice;

  2. The name and registered address of the notice recipient;

  3. A description of the copyrighted work or other intellectual property that you claim has been infringed;

  4. A description of where the material that you claim is infringing is located on the Website, with enough detail that we may find it on the Website;

  5. Your name, surname, profession,

  6. address, telephone number and email address;

  7. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law, and mention of the legal provisions justifying the content to be removed;

  8. A statement by you that the information in your notice is accurate and that you are the copyright or intellectual property owner or are authorized to act on the copyright or intellectual property owner's behalf; and

  9. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest.



Privacy

Company’s Privacy Policy applies to use of the Website, and its terms are made a part of these Terms of Use by this reference. Additionally, by agreeing to these Terms of Use, you acknowledge and agree as more fully set forth below in the following paragraph that Internet transmissions are never completely private or secure. You understand that any document, message or information you send via the Website may be read or intercepted by others. Notwithstanding the above, the Company shall implement appropriate, administrative, physical technical measures to ensure a level of security that meets generally accepted industry standards, in compliance with applicable laws or regulations. For an explanation of Company’s policies and practices regarding information that we may collect from you in connection with your use of this Site, you should review Company’s Privacy Policy terms incorporated herein and located at http://www.independent.life. By using this Site and clicking ACCEPT, you are agreeing to this Privacy Policy and you will be bound by the terms of such Privacy Policy.

 

Internet Connectivity

You understand and agree that use of or connection to the Internet is inherently insecure and that connection to the Internet provides opportunity for unauthorized access by a third party to your computer systems, networks, and any and all information stored therein. You understand that the technical processing and transmission of the Site, including your content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. All information transmitted and received through the Internet is subject to unauthorized interception, diversion, corruption, loss, access, and disclosure. Company shall not be responsible for any adverse consequences that may arise as a result of your connection to or use of the Internet, and shall not be responsible for any use by you of an Internet connection in violation of any law, rule, or regulation or any violation of the intellectual property rights of another. 

 

Email

Please do not use e-mail to send us communications which contain confidential or sensitive financial information such as account numbers, social security number, PIN and passwords, or communications which require immediate attention. If you have questions about the Product or Services that require the sharing of your confidential or sensitive financial information, please call us instead.

 

Children’s Privacy

It is our policy not to knowingly collect personal information from children, and therefore we do not knowingly distribute such information to third parties or otherwise process such information. If you are a parent/guardian and you suspect that your child may have submitted personal information to us, please send us an email at quotes@independent.life. If we become aware that a child has provided us with personal information, we will strive to delete such information from our files as soon as possible.

 

Indemnity and Hold Harmless

By using this Site you agree that you will defend, indemnify and hold harmless Company  and its subsidiaries and affiliates, their respective employees, agents, directors, officers and shareholders, from and against all the liabilities, claims, damages and expenses (including reasonable attorneys' fees and costs) arising out of your use of this Site, your breach or alleged breach of these Terms of Use, and/or your breach or alleged violation of the patent, copyright, trademark, proprietary or other rights of third parties.  Company reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and, in such case, you shall agree to cooperate with Company’s defense of such claim.

 

Disclaimer

Company may at any time revise these Terms of Use by updating this Site. You are bound by such revisions and should therefore visit this page to review the current Terms of Use from time to time. This Site and all the information it contains is provided for information purposes only on an "as is" basis and could include technical, typographical or other errors. In certain areas, the information provided may represent an opinion or judgment or solely for purposes of providing information to prospective consumers for educational purposes only. Company makes no warranties, representations, or guarantees of any kind, express or implied, including but not limited to, accuracy, currency, or completeness, the operation of the Site, the information, including statements concerning tax treatment under the Internal Revenue Code, materials, content, availability, and products.  To the extent permitted by applicable law, Company disclaims all warranties, express or implied, including but not limited to, implied warranties of merchantability and fitness for a particular purpose.  Information presented on this Site is for informational purposes only and does not intend to make an offer or solicitation for the sale or purchase of any product or security. Investments involve risk and unless otherwise stated, are not guaranteed. Be sure to first consult with a qualified financial adviser and/or tax professional before implementing any strategy discussed on this Site.

YOU AGREE THAT YOUR USE OF THIS SITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, COMPANY’S OFFICERS, DIRECTORS, EMPLOYEES, PARENTS, AFFILIATES, SHAREHOLDERS, REPRESENTATIVES, SERVICE PROVIDERS AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THIS SITE AND YOUR USE THEREOF. COMPANY AND ITS SERVICER PROVIDERS AND AGENTS, MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR (I) ANY ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) ANY PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEB SITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEB SITE BY ANY THIRD-PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEB SITE. COMPANY DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD-PARTY THROUGH THE WEB SITE OR ANY HYPERLINKED WEB SITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND COMPANY WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.

 

Limitation of Liability 

You expressly absolve and release Company from any claim of harm resulting from a cause beyond Company’s control, including, but not limited to, failure of electronic or mechanical equipment or communication lines, telephone or other connection problems, computer viruses, unauthorized access, theft, operator errors, severe weather, earthquakes, or natural disasters, strikes, or other labor problems, wars, or governmental restrictions.  MOREOVER, IN NO EVENT SHALL COMPANY, ITS AGENTS OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE WEBSITE, WITH THE DELAY OR INABILITY TO USE THE WEBSITE, OR FOR ANY INFORMATION, SERVICES, PROGRAMS, PRODUCTS, AND MATERIALS AVAILABLE THROUGH THE WEBSITE, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY.  NOTWITHSTANDING THE FOREGOING, TOTAL LIABILITY OF COMPANY FOR ANY REASON WHATSOEVER RELATED TO USE OF THE WEBSITE SHALL NOT EXCEED THE TOTAL AMOUNT PAID BY YOU TO COMPANY IN CONNECTION WITH THE SUBJECT MATTER OF THE PARTICULAR DISPUTE DURING THE PRIOR THREE MONTHS.

 

Availability of Product and Services

Unless otherwise specified, the materials in the Website are presented solely for the purpose of educating the user about the products and services of the Company. Nothing in this Website constitutes an offer to buy or sell products or services of the Company. The Company makes no representation that any or all of the materials in the Website are appropriate or available for sale in any or all locations. No life insurance, annuity, security or any other product offered by the Company is offered or will be sold in any jurisdiction in which such offer or solicitation purchase or sale would be unlawful under the insurance or securities laws or other laws of such jurisdiction. No such life insurance, annuity, security or any other product is offered or will be sold in any jurisdiction by an entity which is not properly licensed to do so in such jurisdiction. Some products may not be available in all states. In addition, any prospectus information available on this Website is posted for informational purposes only. Those who choose to access this Website do so on their own initiative and are responsible for compliance with state, local and foreign laws, if and to the extent such laws are applicable. Your eligibility for particular product or offering is subject to final determination of underwriting qualifications. We reserve the right to determine such eligibility as required and permitted by law. Please note that the products offered on the Site may be subject to specific terms, conditions, representations, or agreements. Portions of this Site describe related products and provide additional information about terms, conditions representations, agreements, eligibility, availability and federal income tax treatment for such product offerings; however this Site does not amend, modify, or supplement any separate agreement entered into between You and the Company for such product offerings.

 

Miscellaneous

These Terms of Use together with any additional terms to which you agree when using this Site constitute the entire agreement regarding the Site and any services, and supersede all prior or contemporaneous communications, whether electronic, oral or written between you and Company with respect to the Site or the services provided on the Site. The Site is operated through Company’s offices in the United States of America. This Website is intended for users in the United States and is not intended for or directed to users in locations outside of the United States. If you are located outside of the United States, please note that by using our services and Website, you may be transferring your personal information to a country that does not have the same data protection laws as your home country. These Terms of Use are governed by, and construed in accordance with, the laws of the State of Texas, regardless of principles of conflicts of laws that may require the application of the laws of another jurisdiction. If a court determines that any term or condition in these Terms of Use is illegal or unenforceable, then such Term of Use will be eliminated and the remaining Terms and Use will remain in force and effect. Company’s failure to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision.  Furthermore, if any provision of these Terms of Use is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of these Terms of Use will remain in full force and effect. All lawsuits arising from or relating to these Terms of Use shall be brought in the Federal or State courts located in Dallas, Texas, and you hereby irrevocably submit to the exclusive personal jurisdiction of such courts for such purpose.

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