Wholesale Life - Terms and Conditions of Use

Your use of our web site (the "Web Site") operated by Wholesale Life Insurance Brokerage, Inc., an Illinois corporation ("Wholesale Life"), is expressly subject to these terms and conditions of use (“Terms and Conditions”), as well as all applicable laws and regulations.  Please read these Terms and Conditions carefully. If you do not accept and agree to be bound by any of these Terms and Conditions, you are not authorized to access or otherwise use the Web Site or any information, Content (as defined below) or Services (as defined below) contained on the Web Site. Your access to and use of the Web Site constitute your acceptance of and agreement to abide by each of these Terms and Conditions set forth below. These Terms and Conditions may be changed, modified, supplemented or updated by Wholesale Life from time to time without advance notice by posting here and you will be bound by any such changed, modified, supplemented or updated Terms and Conditions if you continue to use the Web Site after such changes are posted.  You are encouraged to review the Web Site and these Terms and Conditions periodically for updates and changes.

The Web Site provides you with access to an online collection of information and materials and certain online services (“Services”). These materials may include insurance applications, policy forms, benefit plans and other information related to certain Wholesale Life products and services ("Products and Services").  The Web Site is intended for use only by users who are at least 18 years of age and are not barred or restricted from using the Web Site under the laws of the United States or other applicable jurisdiction.

Limited License and Site Access –Wholesale Life hereby grants you a limited license to access and make personal use of the Web Site, but not to download (other than page caching) or modify it, or any portion of it, except for your own personal use, as contemplated by certain pages or with the express written consent of Wholesale Life.  For example, you may download documents or forms from the Web Site if Wholesale Life expressly states that such documents or forms may be downloaded.  However, you may not download or modify Wholesale Life’s Marks (as defined below) except for your own personal use or if Wholesale Life otherwise gives you permission to do so.  This license does not include any resale or commercial use of the Web Site or its Contents; any collection and use of any product listings, descriptions, or prices; any derivative use of the Web Site or its contents; or any use of data mining, robots, or similar data gathering and extraction tools. The Web Site or any portion of the Web Site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without the express written consent of Wholesale Life.  You may not use any meta-tags or any other "hidden text" utilizing any of Wholesale Life’s name(s) or service marks without the express written consent of their owners. Any unauthorized use terminates the permission or license granted by Wholesale Life.

Use and Ownership of Content
You acknowledge and agree that the Web Site (including the arrangement thereof) and all of its content, such as text, pictures, graphics, logos, button items, works of authorship, proprietary software, data, information, images, music, sound, video, services and other material ("Content"), are owned by Wholesale Life and/or its third party content providers ("Content Providers").  Unless otherwise indicated, any new Content or Products and Services added to the Web Site will also be subject to these Terms and Conditions effective upon the date of any such addition.

The Content is protected by copyright, trademark and other intellectual property laws in the United States and internationally. The compilation (meaning the collection, arrangement and assembly) of all Content and proprietary software is also the exclusive property of Wholesale Life and is protected by U.S. and international copyright laws.  Unauthorized use of the Content may violate copyright, trademark, and other laws. You may use the Web Site and the Content only for your own personal, non-commercial use, provided that you must retain all copyright, trademark and other proprietary notices contained in the original Content on any copy you make of the Content.  Except as otherwise expressly stated herein, you may not alter, modify, copy, distribute (for compensation or otherwise), transmit, display, perform, reproduce, reuse, post, publish, license, frame, download, store for subsequent use, create derivative works from, transfer, or sell any information or Content obtained from the Web Site, in whole or in part, including any text, images, audio, and video in any manner, without the prior written authorization of Wholesale Life or any applicable Content Provider.  The use of Content, including images, by you, or anyone else authorized by you, is prohibited unless specifically permitted by Wholesale Life.  Any unauthorized use of text or images may violate copyright laws, trademark laws, the laws of privacy and publicity, and applicable regulations and statutes. Wholesale Life does not warrant or represent that your use of Content, Services or any other materials displayed on the Web Site will not infringe rights of third parties. The use of the Content on any other web site or in a networked computer environment for any purpose is prohibited except as specified in this section. Each Content Provider is a third-party beneficiary hereunder to the extent necessary to enforce its proprietary rights in the Content.

Trademarks and Service Marks
The Web Site may contain trademarks, service marks, trade dress, or other logos of Wholesale Life (the "Marks").  The domain name for the Web Site, Wholesale Life’s logos, all page headers, custom graphics, and button icons are service marks, trademarks, logos, and/or trade dress of Wholesale Life. All other trademarks, service marks, trade dress, product names, company names or logos, whether registered or not, on the Web Site are the property of their respective owners. In addition to complying with all applicable laws, you agree that you will not use any the Marks without the prior written authorization of Wholesale Life.  Furthermore, these Marks may not be used in any way, except with the express written permission of Wholesale Life, in any manner likely to cause confusion, dilute the Marks, or in any manner to discredit Wholesale Life.

For information obtained from the Content Providers, you are solely responsible for compliance with copyright, trademark and other proprietary rights and restrictions and are referred to publication data appearing in bibliographic citations, as well as to the copyright notices appearing in the original publications.

If you violate any of these Terms and Conditions, your permission to use the Content automatically terminates and you must immediately destroy any copies you have made of the Content.

Connection Requirements
You are responsible for providing and maintaining, at your own risk, option and expense, any hardware, software and communication lines required to access and use the Web Site, and Wholesale Life reserves the right to change the access configuration of the Web Site at any time without prior notice.

Linking and Framing
You may not frame or utilize framing techniques to enclose the Marks of Wholesale Life without Wholesale Life’s express written consent.  Except where prohibited herein, you may provide a link from a web site operated by you directly to the home page of any Wholesale Life Web Site.  Without Wholesale Life's express written permission, you may not (i) link to any page other than the home page (i.e. a "deep link") of the Wholesale Life Web Site, (ii) link to any part of the Web Site through the use of frames, inline links or any similar technology whereby the Content will be displayed without leaving the linking web site, (iii) use any Mark, logo or Content as part of a link, and/or (iv) intentionally or unintentionally create any link implying that an endorsement or affiliation with Wholesale Life exists when that is not the case.

Use of Databases and Queries
You may not use any information obtained from the Web Site or any Wholesale Life database to allow, enable, or otherwise support the transmission of any advertising or commercial solicitations via any means of communication, bulk or otherwise. You are not authorized to access or query any electronic database contained within the Web Site through the use of automated electronic processes. The data provided in any Wholesale Life databases is provided for information and/or communication purposes only. The compilation, repackaging, dissemination or other use of any data from the Web Site or any Wholesale Life database is expressly prohibited without the prior written consent of Wholesale Life. Wholesale Life reserves the right to terminate your access to any Wholesale Life database in its sole discretion, including, without limitation, for excessive querying or for failure to otherwise abide by this policy.

Products and Services
Due to various insurance and other regulatory restrictions, certain Products and Services described on the Web Site may not be available to all users. Also, Products and Services may vary by jurisdiction and may not be offered by all of Wholesale Life’s companies, nor are all Products and Services available or suitable in all jurisdictions. EXCEPT AS EXPRESSLY STATED IN CERTAIN PAGES, THE INFORMATION CONTAINED ON THE WEB SITE IS NOT AN OFFER TO SELL OR A SOLICITATION TO BUY ANY SECURITY, INSURANCE PRODUCT, OR OTHER PRODUCT OR SERVICE BY Wholesale Life.  No security, insurance product or other product or service is offered or will be sold by Wholesale Life or, if sold by Wholesale Life, will be effective in any jurisdiction in which such offer or solicitation, purchase or sale would be unlawful under the securities, insurance or other laws of such jurisdiction.

Please consult with your personal tax, financial, legal or other advisors before making any investments or purchasing any Products and Services.

The Web Site may provide certain summary descriptions or other helpful information regarding Products and Services. Wholesale Life attempts to be as accurate as possible; however, any such materials are intended to generally describe the Products and Services and are subject in all respects to the specific terms and conditions of the actual policy or product/service agreement to which they refer.  Complete policy terms are available upon request.  For complete details of insurance coverage, including exclusions and limitations that may affect the payment of benefits, see the actual policies and plan documents. Fees, other terms and restrictions may apply.

Wholesale Life retains the right to amend, terminate or modify all benefit plans sponsored by or offered through its entities, consistent with applicable law. In the event of any conflict between the information on the Web Site and the legal plan documents, the legal plan documents will control.

Disclaimers
Information contained on the Web Site has been prepared by Wholesale Life as a convenience to its users and is not intended to constitute advice or recommendations upon which you may rely. Wholesale Life has used reasonable efforts in collecting, preparing and providing quality information and material, but makes no warranty or guarantee about the accuracy, completeness, or adequacy of the information contained in or linked to the Web Site. Users relying on information from the Web Site do so at their own risk.

The information and descriptions contained herein are not intended to be complete descriptions of the terms, exclusions and conditions applicable to the Products and Services, but are provided solely for general informational purposes; please refer to the actual policy or the relevant product or services agreement for complete terms, exclusions and conditions. Should you purchase any Wholesale Life product from Wholesale Life or a third party, the terms and conditions applicable to that transaction will govern such purchase, and your use of the Web Site does not affect that purchase in any manner.

The Web Site may provide you with planning and educational tools, including calculators. Such tools and calculators may allow you to model "what-if" scenarios, the results of which are illustrative and are based on the information and assumptions identified. There is no guarantee that the results shown are necessarily accurate or will be achieved. In addition, these tools and calculators are not part of any planning report for which you may have paid a fee, even if the tools and calculators include information derived from or contained in a report.

YOUR USE OF THE WEB SITE IS AT YOUR SOLE RISK. ALL SERVICES AND CONTENT ARE PROVIDED ON AN "AS IS" OR "AS AVAILABLE" BASIS WITH ALL FAULTS AND WITHOUT ANY WARRANTIES OF ANY KIND.  Wholesale Life, TO THE FULLEST EXTENT PERMITTED BY LAW, EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING THE WARRANTY OF MERCHANTABILITY, NON-INFRINGEMENT OF A THIRD PARTY'S RIGHTS, OWNERSHIP, ACCURACY OF INFORMATIONAL CONTENT, AND THE WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE. Wholesale Life MAKES NO REPRESENTATIONS ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE CONTENT OR ABOUT THE RESULTS TO BE OBTAINED FROM USING THE WEB SITE AND THE CONTENT.

Limitation of Liability
YOU UNDERSTAND AND AGREE THAT Wholesale Life WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PRODUCTS, USE, DATA OR OTHER INTANGIBLE LOSSES, EVEN IF Wholesale Life HAS BEEN ADVISED OF THE POSSIBILITIES OF THOSE DAMAGES, RESULTING FROM YOUR USE OR INABILITY TO USE ANY OF THE WEB SITE, SERVICES OR CONTENT, THE COST OF OBTAINING SUBSTITUTE PRODUCTS AND SERVICES RESULTING FROM ANY LOSS OF DATA, INFORMATION, PRODUCTS AND SERVICES OBTAINED FROM PURCHASES OR TRANSACTIONS ENTERED INTO THROUGH THE WEB SITE, OR STATEMENTS OR CONDUCT OF ANY THIRD PARTY, OR ANY OTHER MATTER RELATED TO THE WEB SITE, SERVICES Or CONTENT. YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE WEB SITE IS PREDICATED UPON YOUR WAIVER OF ANY RIGHT TO SUE Wholesale Life DIRECTLY OR TO PARTICIPATE IN A CLASS ACTION SUIT FOR ANY LOSSES OR DAMAGES RESULTING FROM YOUR USE OF THE WEB SITE.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, INCLUDING, BUT NOT LIMITED TO, INCIDENTAL OR CONSEQUENTIAL DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

User Submissions
Generally, any communication that you post to the Web Site is considered to be non-confidential. If particular web pages permit the posting of communications that will be treated by Wholesale Life as confidential, that fact will be stated in a notice on those pages. By posting communications to the Web Site, you automatically grant Wholesale Life a royalty-free, perpetual, irrevocable non-exclusive license to use, reproduce, modify, publish, edit, translate, distribute, perform publicly and display the communication alone or as part of other works in any form, media or technology whether now known or hereafter developed, and to sublicense such rights through multiple tiers of sublicenses. For purposes of this section, "Posting" refers to any submission by you to any forum on the Web Site, such as a chat room, bulletin board, newsgroup, club, or any other forum where your submissions will automatically become available to other users without further action by Wholesale Life. For further information, and for information about how Wholesale Life treats information we collect about you, see Wholesale Life's Web Privacy Policy.

Prohibited Use
Any use or attempted use of the Web Site (i) for any unlawful, unauthorized, fraudulent or malicious purpose, or (ii) that could damage, disable, overburden, or impair any server, or the network(s) connected to any server, or (iii) interfere with any other party's use and enjoyment of the Web Site, or (iv) to gain unauthorized access to any other accounts, computer systems or networks connected to any server or systems through hacking, password mining or any other means, or (v) to access systems, data or information not intended by Wholesale Life to be made accessible to a user, or (vi) attempt to obtain any materials or information through any means not intentionally made available by Wholesale Life, or (vii) any use other than the business purpose for which it was intended, is prohibited.

In addition, in connection with your use of the Web Site, you agree you will not:

a) Upload or transmit any message, information, data, text, software or images, or other content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, or otherwise objectionable, or that may invade another's right of privacy or publicity;

b) Create a false identity for the purpose of misleading others or impersonate any person or entity, including, but not limited to, any Wholesale Life representative, or falsely state or otherwise misrepresent your affiliation with a person or entity;

c) Upload or transmit any material that you do not have a right to reproduce, display or transmit under any law or under contractual or fiduciary relationships (such as nondisclosure agreements);

d) Upload files that contain viruses, trojan horses, worms, time bombs, cancel-bots, corrupted files, or any other similar software or programs that may damage the operation of another's computer or property of another;

e) Delete any author attributions, legal notices or proprietary designations or labels that you upload to any communication feature;

f) Use the Web Site’s communication features in a manner that adversely affects the availability of its resources to other users (e.g., excessive shouting, use of all caps, or flooding continuous posting of repetitive text);

g) Upload or transmit any unsolicited advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes" or any other form of solicitation, commercial or otherwise;

h) Violate any applicable local, state, national or international law or regulation;

i) Upload or transmit any material that infringes any patent, trademark, service mark, trade secret, copyright or other proprietary rights of any party;

j) Delete or revise any material posted by any other person or entity;

k) Register, subscribe, attempt to register, attempt to subscribe, unsubscribe, or attempt to unsubscribe, any party for any Product and Service if you are not expressly authorized by such party to do so; or

(l) Harvest or otherwise collect information about others, including e-mail addresses.

Wholesale Life reserves the right to take whatever lawful actions it may deem appropriate in response to actual or suspected violations of the foregoing, including, but not limited to, the suspension or termination of your access and/or account. Wholesale Life may cooperate with legal authorities and/or third parties in the investigation of any suspected or alleged crime or civil wrong. Except as may be expressly limited by Wholesale Life's Privacy Policy, Wholesale Life reserves the right at all times to disclose any information as Wholesale Life deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Wholesale Life's sole discretion.

Right to Monitor
Wholesale Life neither actively monitors general use of the Web Site under normal circumstances nor exercises editorial control over the content of any third party's web site, electronic mail transmission, news group, or other material created or accessible over or through the Web Site. If notified by a user of postings that allegedly do not conform to these Terms and Conditions, Wholesale Life may investigate the allegation and determine in good faith and in its sole discretion whether to remove or request the removal of the posting. Wholesale Life has no liability or responsibility to users for performance or nonperformance of such activities. Wholesale Life reserves the right to expel users and prevent their further access to the Web Site for violating these Terms and Conditions or the law and the right (but not the obligation) to remove communications that are abusive, illegal, or disruptive.  However, Wholesale Life does reserve the right to monitor such use at any time as it deems appropriate and to remove any materials that, in Wholesale Life's sole discretion, may be illegal, may subject Wholesale Life to liability, may violate these Terms and Conditions, or are, in the sole discretion of Wholesale Life, inconsistent with Wholesale Life's purpose for the Web Site.

No Wholesale Life Editorial Control of Third Party Content; No Statement as to Accuracy
To the extent that any of the Content included in the Web Site is provided by third party content providers, Wholesale Life has no editorial control or responsibility over such Content. Therefore, any opinions, statements, services or other information expressed or made available by third party suppliers on the Web Site are those of such third party suppliers.  Wholesale Life does not represent or endorse the accuracy or reliability of any opinion, statement or other information provided by any third party, or represent or warrant that your use of the Content displayed on the Web Site or referenced content or service providers will not infringe rights of third parties not owned by or affiliated with Wholesale Life.  You acknowledge that any reliance on material posted by other users will be at your own risk.  Statements posted on the Web Site by other users shall not be attributable to Wholesale Life, nor shall Wholesale Life have any liability or responsibility in connection with such postings.

Copyright Infringement Claims
Wholesale Life's Designated Agent for receipt of Notification of Claimed Infringement is:

diane@wholesalelife.com

Wholesale Life Insurance Brokerage, Inc.
1001 E. Wilson St. Suite 101
Batavia, IL 60510
Fax 630-879-8809

If you believe that material posted on the Web Site infringes on your copyrights, you must send a Notification of Claimed Infringement to the Designated Agent listed above containing the following information: (i) signature of the copyright owner or their agent, (ii) identification of the copyright work claimed to have been infringed, (iii) identification of the material that is claimed to be infringing, and information sufficient to locate the material, (iv) information on how to contact the complaining party, (v) a statement of your good faith belief that use of the material in the manner is not authorized by the copyright owner, its agent, or the law, and (vi) a statement that the information in the notice is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of the material that is allegedly infringed.

Upon receipt of a notification of claimed infringement that the meets the requirements set forth above, Wholesale Life will promptly remove or block access to the allegedly infringing material, and Wholesale Life will notify the user who posted the material. Upon receipt of a notification that does not comply with the requirements listed above, but which substantially identifies the copyrighted material, the infringing material, and you, Wholesale Life will take reasonable steps to assist in the receipt of proper notification.

If you receive notification from Wholesale Life that Wholesale Life has blocked allegedly infringing material posted by you, you may send a written counter-notification to the Designated Agent listed above containing the following information: (i) your signature, (ii) identification of the material that has been blocked or removed, (iii) statement under penalty of perjury that you have a good faith belief that the removal or blockage was a result of mistake or misidentification of the material, and (iv) your name, address, and phone number and a statement that you consent to jurisdiction of the U.S. District Court for the district in which you are located, or if you are outside of the U.S., for the U.S. District Court for the Northern District of Illinois, and that you will accept service of process from the complaining party or their agent.

Upon receipt of counter-notification meeting the requirements set forth above, Wholesale Life will notify the complaining party that Wholesale Life will replace or unblock the material in ten (10) business days unless Wholesale Life receives notice that the copyright owner has filed a court action seeking to restrain the alleged infringement.

Links to Other Sites
The Web Site may contain links, including advertisements, to other sites owned and operated by parties other than Wholesale Life. Such links are provided only for ready reference and ease of use.  Wholesale Life does not control such web sites and cannot be held responsible for their content or accuracy and does not endorse these sites unless we specifically so state. In the event the Web Site provides links to other web sites that are not owned, operated or maintained by Wholesale Life, you acknowledge and agree that Wholesale Life is not responsible for and is not liable for the content, products, services or other materials on or available from such web sites. Wholesale Life accepts no liability for any information, products, advertisements, content, services or software accessible through these third party web sites or for any action you may take as a result of linking to any such web site. Any such web sites are likely to set forth specific terms of use and privacy policies that you should review. Wholesale Life is under no obligation to maintain any link on the Web Site and may remove a link at any time in its sole discretion for any reason whatsoever. Wholesale Life shall not be responsible or liable, directly or indirectly, for any damages or losses caused or alleged to be caused by or in connection with the use of or reliance on such content, products, services or other materials available on or through any such web site.  Wholesale Life is not responsible for the privacy practices of any other web sites.

Notices
Any notices to you from Wholesale Life regarding the Web Site or these Terms and Conditions will be posted on the Web Site or made by e-mail or regular mail.

Indemnification
You agree to defend, indemnify, and hold harmless Wholesale Life, its officers, directors, members, employees, owners and agents, from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, resulting from your use of the Web Site, including, but not limited to, all postings by you, your use of the Content or your breach of these Terms and Conditions. Wholesale Life shall provide notice to you promptly of any such claim, suit or proceeding and shall provide reasonable assistance to you, at your expense, in defending any such claim, suit or proceeding.

Privacy
How Wholesale Life handles information it obtains relating to you is disclosed in its Privacy Policy.  The Privacy Policy describes the details of Wholesale Life’s information practices and procedures for personal information we collect at the Web Site.  We urge you to read our Privacy Policy.

Governing Law and Jurisdiction
These Terms and Conditions of use are governed by the substantive laws of the State of Illinois, without regard to its or any other jurisdiction's laws governing conflicts of law. You expressly agree that exclusive venue for any dispute with Wholesale Life or in any way relating to your use of the Web Site resides in the state and federal courts located in Chicago, Illinois. You further agree and expressly consent to the exercise of personal jurisdiction in the above-referenced courts in connection with any such dispute, including but not limited to any claim involving Wholesale Life or its affiliates, subsidiaries, employees, shareholders, directors, contractors, officers, telecommunication providers and content providers.

Severability
To the maximum extent possible, each of the disclaimers and each of the provisions of the Terms and Conditions shall be interpreted in such a manner as to be valid and enforceable under applicable law. If any provision hereunder is held to be invalid or unenforceable under applicable law, such provision shall be deemed modified so as to be rendered valid and enforceable while implementing, to the greatest extent possible, the original intent of such provision. If such reformation is not possible or permitted, the invalidity or unenforceability of such a provision shall not otherwise impact the validity or enforceability of the remaining provisions hereunder.

Entire Agreement
These Terms and Conditions, the Privacy Policy, and other policies Wholesale Life may post on its Web Site constitute the entire agreement between Wholesale Life and you in connection with your use of the Web Site and the Content and Services, and supersedes any prior agreements between Wholesale Life and you regarding use of the Web Site, including prior versions of these Terms and Conditions.

General
No waiver of any term or condition herein shall be deemed a further or continuing waiver of such term or condition or any other term or condition. Wholesale Life reserves the right to modify these Terms and Conditions without notice to you, and your continued use of the Web Site after such modifications will make such modifications binding on you.