TheInsuranceAdvisor.com - Terms of Service

Terms of Service

This Terms of Service (this "Agreement") is made by and between THEInsuranceAdvisor.COM, LLC, ("TIA"), and the consumer customer ("Consumer") who is authorized to use TIA's Confidential Policy Evaluator (CPE) System. This Agreement sets forth the general terms and conditions of Consumer's access to and use of TIA's CPE System (the "Service"). Once Consumer accepts by submitting the first CPE report request, Consumer agrees to all of the terms and conditions of this Agreement.

Consumer acknowledges that, as the Service changes, Consumer may be required to agree to additional terms and conditions as a condition to continued use of the Service. Consumer further acknowledges that TIA may change the terms and conditions applicable to use of the Service, but TIA will obtain Consumer's agreement to such changed terms and conditions by presenting a revised Terms of Service to Consumer for acceptance. If Consumer refuses to accept the revised Terms of Service, TIA has the right to immediately terminate Consumer's access to and use of the Service.

Privilege to Access and Use the Service

During the term of and subject to the terms and conditions of this Agreement, Consumer may access and use those aspects of the Service intended for access and use by consumers (the "Consumer Site"). Consumer shall not (1) access or use any aspect of the Service other than the Consumer Site, (2) access or use the Service in any unlawful manner or in violation of this Agreement.

Consumer understands, acknowledges and agrees that:

The Products may only be used for lawful purposes.
You will adopt and maintain the Privacy Policy, which may be modified by TIA from time to time.
An evaluation of a variable life product presented by any registered representative pursuant to the purchase of such product may present the potential for a conflict of interest, it is important to understand the methodology behind any such evaluation and the relationship between the evaluator and the registered representative. To the extent any TIA material is used as supplemental sales literature for a variable product, it must be accompanied by the name of the registered representative; the name of the broker/dealer through which the policy is being offered; as well as a prospectus, disclosure statement, complete and compliant illustration of hypothetical policy values, and any other supplemental materials necessary to provide a fair and balanced presentation of all policy features. TIA does not provide any advice regarding insurance or securities or any other financial planning or other financial advice.
Nothing contained in this e-newsletter/web page is to be considered as a rendering of legal, tax or investment advice for specific cases, and readers/visitors are responsible for obtaining such advice from their own legal, tax and investment counsel. This e-newsletter/web page is intended for educational and informational purposes only.
If you are accessing or using the Products through a Third Party Person, you agree and acknowledge that TIA is not responsible or liable for any actions of such third party or for any aspect or result of such Third Party. You use such Third Party Person at your own risk. You further agree and acknowledge that TIA may terminate such Third Party Person’s ability to interact with the Products at any time, with or without notice, and in TIA’s sole discretion, with no liability to you or the third party.
As between Consumer and TIA, Consumer is solely responsible for all financial decisions and financial planning made by Consumer, whether made in connection with use of the Service or otherwise.
TIA is not responsible for and shall not be held liable for any advice given or recommendations made by the Consumer with respect to any financial, insurance, planning or other matter, regardless of whether Consumer relied on such advice or the Service.
TIA does not guarantee or warrant that any part of the Service is free of viruses or other harmful code. Consumer must take appropriate precautions, such as use of an anti-virus software package, to protect his or her computer hardware and software.
Consumer is responsible for obtaining his or her own hardware, software and services (such as computers, web browsers and Internet access service) necessary to access and use the Service and for payment of all fees involved in obtaining such hardware, software and services.
Consumer shall be solely responsible for safeguarding his or her login credentials such as User Name and Password. You agree to immediately notify the TIA if his or her login credentials are compromised and ensure that you exit from your account at the end of each session. TIA has no liability for any loss, claim, or other damages that result from unreported, unauthorized use of Consumer's log on credentials.

Payment

Payment for Products will be made by a valid credit card accepted by TIA. Checks will not be accepted. Fees are payable in U.S. dollars. If the monthly payment option is selected or if you have previously provided your credit card for payment, you hereby authorize TIA to charge your credit card for such amounts on a regular monthly basis and continuing until such time as your account is terminated. User must supply TIA with the correct credit card information, and any changes in the credit card validity or expiration date must be updated. If TIA is for any reason unable to effect automatic payment via your credit card, TIA will attempt to notify you via email and your TIA account will be disabled until payment is received. Amounts paid are not refundable.

Termination

You may terminate this Agreement at any time by calling TIA’s Customer Support. There are no refunds for any fees paid. YOU ARE RESPONSIBLE FOR TERMINATING YOUR ACCOUNT AND THIS AGREEMENT AND TIA IS NOT RESPONSIBLE FOR YOUR FAILURE TO PROPERLY TERMINATE YOUR ACCOUNT AND THIS AGREEMENT AND ANY CREDIT CARD CHARGES AND FEES YOU INCUR AS A RESULT OF YOUR FAILURE TO PROPERLY TERMINATE YOUR ACCOUNT AND THIS AGREEMENT.

TIA may terminate this Agreement or the Products, disable your account or put your account on inactive status, in each case at any time with or without cause, and with or without notice. TIA shall have no liability to you or any third party because of such termination or action.

TIA may delete any of your archived data within 30 days after the date of termination. All sections of this Agreement that by their nature should survive termination will survive termination, including, without limitation, ownership, warranty disclaimers and limitations of liability.

If your account is classified (at TIA's sole discretion) as inactive for over 120 days, TIA has the right to permanently delete your subscriber data. TIA will use good faith efforts to contact you via email prior to taking any permanent removal actions.

No Rights in Software

This is an Agreement for services and access to this web site, and you are not granted a license to any software by this Agreement. You will not, directly or indirectly, reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code, object code, or underlying structure, ideas, or algorithms of, or found at or through the Products or any software, documentation, or data related to the Products ("Software"); remove any proprietary notices or labels from the Products or any Software, modify, translate, or create derivative works based on the Products or any Software; or copy, distribute, pledge, assign, or otherwise transfer or encumber rights to the Products or any Software.

The information, data, analysis and opinions contained herein include the confidential, proprietary, patented (U.S. Patent #6,456,979) and/or copyrighted (Insurance Banking® is a registered trademark of THEInsuranceAdvisor.COM Holdings, Inc) material of TIA and may not be copied or redistributed. Much of TIA intellectual property has been created and/or invented by TIA's founder - Barry D. Flagg, CFP®, CLU, ChFC - often employing generally-accepted actuarial-principles and mathematical-algorithms, and a consistent and objective rules set, which like all ratings systems rely on certain judgmental techniques, and which are fully disclosed, and with which certain insurance professionals may disagree.

Unless you are an authorized reseller of the Products, you may not display, copy, reproduce, or distribute the Software, any component thereof, any documentation provided in connection with the Products or the Software, or any content, including but not limited to newsletters, distributed to you by TIA in connection with the Products. Violation of these restrictions may result in the termination of this Agreement.

No Implied Endorsements

In no event shall any reference to any third party or third party product or service be construed as an approval or endorsement by TIA of that third party or of any product or service provided by a third party. TIA is a provider of insurance product research, and does not sell or otherwise distribute any financial products, and does not endorse any broker/dealer, financial planner, registered representative, insurance professional, insurance product, or insurance company, including any that may be mentioned herein.

No representations or warranties are made by anyone, including, without limitation, THEInsuranceAdvisor.COM (TIA) and/or any TIA Insurance Banking Centers®, as to the validity or effectiveness of the legal or tax conclusions, analysis, opinions, and planning ideas expressed in this e-newsletter. Any and all liability whatsoever that may arise in connection with anything contained herein is hereby disclaimed.

Open Positions on Career Pages

TIA may list open employment positions on this web site. Any such postings are for informational purposes only and are subject to change without notice. You should not construe any information on this web site or made available through this web site as an offer for employment. Nor should you construe anything on this web site as a promotion or solicitation for employment not authorized by the laws and regulations of your locale.

Liability Disclaimer

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE TIA SITE/SERVICES MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY MADE TO THE TIA SITES/SERVICES AND TO THE INFORMATION THEREIN. TIA AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN TIA SITES/SERVICES AT ANY TIME. THE SERVICE IS FURNISHED "AS IS" AND WITHOUT ANY EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES INCLUDING, WITHOUT LIMITATION, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AVAILABILITY OF ALL OR ANY PART OF THE SERVICE, AND FREEDOM FROM ERRORS, VIRUSES, BUGS OR OTHER HARMFUL COMPONENTS.

TIA SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES EVEN IF ADVISED OF THE POSSIBILITY OF THE SAME.

IF THE FOREGOING DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY IS HELD TO BE UNENFORCEABLE, CONSUMER AGREE THAT TIA'S LIABILITY TO CONSUMER, WHETHER IN TORT, CONTRACT OR OTHERWISE, FOR ALL CAUSES SHALL NOT EXCEED IN THE AGGREGATE $500

TIA AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, LACK OF VIRUSES OR OTHER HARMFUL COMPONENTS AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED WITHIN THE TIA SITES/SERVICES FOR ANY PURPOSE. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. TIA AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, TITLE AND NON-INFRINGEMENT.

YOU SPECIFICALLY AGREE THAT TIA SHALL NOT BE RESPONSIBLE FOR UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, ANY MATERIAL OR DATA SENT OR RECEIVED OR NOT SENT OR RECEIVED, OR ANY TRANSACTIONS ENTERED INTO THROUGH A TIA SITE/SERVICE.

IN NO EVENT SHALL TIA AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE TIA SITES/SERVICES, WITH THE DELAY OR INABILITY TO USE THE TIA SITES/SERVICES OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE TIA SITES/SERVICES, OR OTHERWISE ARISING OUT OF THE USE OF THE TIA SITES/SERVICES, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF TIA OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF 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 TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE TIA SITES/SERVICES, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE TIA SITES/SERVICES.

If for any reason a court of competent jurisdiction finds any provision or portion of the Terms of Use to be unenforceable, the remainder of the Terms of Use will continue in full force and effect.

These Terms of Use constitute the entire agreement between the parties with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any waiver of any provision of the Terms of Use will be effective only if in writing and signed by TIA Corporation.

Other Terms and Conditions

Consumer may terminate use of the Service at any time by contacting TIA. Once Consumer has terminated use of the Service, Consumer will have no further access to the Services and all documents retained in the document storage service will be deleted.

TIA may modify or discontinue offering the Services at any time, with or without notice, for any reason or no reason.

The Service may provide links to web sites not operated by TIA. TIA provides links to such third party web sites for Consumer's convenience and may be removed at any time. TIA does not investigate the quality, accuracy or completeness of any content on third party web sites. Consumer acknowledges and agrees that TIA is not responsible or liable for any content, advertising, products or other materials on or available from third party web sites.

To the fullest extent permitted by applicable law, each party to this Agreement waives its or his right to a jury trial with respect to any action brought under or in connection with this Agreement. The headings used in these terms of use are for convenience only and such headings are not to be used in determining the meaning or interpretation of these terms of use. This Agreement, together with any other terms, conditions and agreements that may be entered into by Consumer and TIA in connection with a specific product or service of TIA, constitute the entire agreement between Consumer and TIA and supersedes any and all other agreements, representations and understandings, whether written or oral. This Agreement may not be modified or amended by Consumer without the prior written consent of TIA.

Revised September 2009