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Terms of Use
Welcome to AFIBL.com™(the "Site"). The Site is provided by American Fidelity International (Bermuda), Ltd. (the "Company") as a service to the public and our customers. The following basic rules govern your use of the Site (the "Agreement"). Note that your use of the Site constitutes your unconditional agreement to follow and be bound by these terms and conditions. The Company reserves the right to update or modify these terms and conditions at any time without prior notice. Your use of the AFIBL.com™ website following any such change constitutes your unconditional agreement to follow and be bound by the terms and conditions as changed. For this reason, we encourage you to periodically review these terms and conditions.
1. USE OF THIS SITE
The Site and all its Contents are intended solely for your
personal, non-commercial use. You agree to use this Site in a
prudent fashion, and agree to fully determine on your own, the
usefulness of any information provided herein as you make decisions
regarding its Contents. You may download or copy the Contents and
other downloadable materials displayed on the Site for your
personal use only. No right, title or interest in any downloaded
materials or software is transferred to you as a result of any such
downloading or copying. You may not reproduce (except as noted
above), publish, re-publish, upload, post, re-post, reverse
engineer, re-use, alter, transmit, distribute, display, modify,
create derivative works from, sell or participate in any sale of or
exploit in any way, in whole or in part, any of the Contents, the
Site or any related software. All software used on this Site is the
property of the Company or its suppliers and is protected by U.S.
and international copyright laws. Any other use, including the
reproduction, modification, distribution, transmission,
republication, display, or performance, of the Contents on this
Site is strictly prohibited. The American Fidelity logo and
American Fidelity Group® are registered trademarks of American
Fidelity Corporation. AFIBL.com™ test is a trademark of American
Fidelity International (Bermuda), Ltd.
2. GENERAL
The Company reserves the right at any time, at its sole
discretion, to change, alter, improve, downgrade, modify, suspend -
temporarily or permanently, or discontinue any aspect or feature of
the Site, including, but not limited to, Contents, hours of
availability and equipment and/or software required for access or
use of the Site or any portion thereof to the full extent allowed
by law, at any time, with or without notice. The Company shall have
no obligation or liability to any party regarding any change,
alteration, improvement, downgrade, modification, discontinuance,
or suspension to any part of this or any Company-related website,
including this Agreement or the Company's Privacy Policy, or any
other information, data, programs or products contained on or
described on this Site. The Company may also change the terms and
conditions set forth in this Agreement and any subsequent use of
the Site by you constitutes your agreement to such changed terms
and conditions. Any rights not expressly granted herein are
reserved to the Company.
The materials contained herein and any related Company websites, both text and graphics, are presented for informational and illustrative purposes only. Nothing on the Site is intended as, nor should it be construed as, an offer to sell or an invitation to buy any product or service currently offered by the Company. The Company's products and services contained within this Site may only be provided and purchased, as permitted by applicable law.
Access to and use of the Site are provided on an "as is" and "as available" basis without express or implied warranties of any kind. The Company does not warrant that such access and use will be uninterrupted. The Company cannot and does not guarantee the completeness or accuracy of any information obtained from the Site or its applicability to your unique financial situation except where expressly required by law. The information contained herein is presented without express or implied warranties of any kind. The information is not intended as, nor should it be construed as, financial, legal or professional advice. You agree to seek the advice of and consult with your own competent legal, financial or tax advisor before you make any decision pertaining to any matter directly or indirectly related to information contained within this Site.
3. COPYRIGHTS and TRADEMARKS
Unless otherwise noted, all materials, including images, text,
illustrations, designs, icons, photographs, programs, video clips,
written and other materials that are part of this Site
(collectively, the "Contents") are copyrights, trademarks, trade
and/or other intellectual property owned, controlled or licensed by
the Company, one of its affiliates or by third parties who have
licensed their materials to the Company and are protected by U.S.
and international copyright laws. The compilation (meaning the
collection, arrangement, and assembly) of all Contents on this Site
is the exclusive property of the Company and is also protected by
U.S. and international copyright laws.
The Company and its suppliers and licensors expressly reserve all intellectual property rights in all text, programs, products, processes, technology, Contents and other materials which appear on the Site. Access to the Site does not confer and shall not be considered as conferring upon anyone any license under any of the Company's or any third party's intellectual property rights.
AFIBL.com™ and all related product and service names, design marks and slogans are the trademarks or service marks of the Company. The American Fidelity logo and American Fidelity Group® are registered trademarks of American Fidelity Corporation. No trademark or service mark license is granted in connection with the materials contained on this Site. Access to this Site does not authorize anyone to use any name, logo or mark in any manner.
References on this Site to any names, marks, products or services of third parties or hypertext links to third party sites or information are provided solely as a convenience to you and do not in any way constitute or imply the Company's endorsement, sponsorship or recommendation of the third party, its information, products or services.
4. EXTERNAL LINKS
The Site may contain links to other websites. The Company is not
responsible for the availability of these external websites nor
does it endorse or is it responsible for any of the contents,
advertising, products or other materials on such external websites.
Under no circumstances shall the Company be held responsible or
liable, directly or indirectly, for any loss or damage caused or
alleged to have been caused in connection wit the use of or
reliance on any content, goods or services available on any such
external website. Any concerns regarding any external link should
be directed to the respective website, rather than to the Company.
Including a link to an external website in the Site does not
expressly state or imply that the Company has authorization from
the owner of such website to link to it. The Company is not
responsible for the content of any third party websites and does
not make any representations regarding the availability, content or
accuracy of material on such websites. The Company cannot and does
not monitor the websites linked to our pages on the Internet. If
you decide to link to any such third party websites, you do so
entirely at your own risk. You agree not to provide links to this
Site without the prior authorization and written consent of the
Company.
5. SITE SECURITY
You are prohibited from violating or attempting to violate the
security of the Site, including, without limitation, (a) accessing
data not intended for such user; (b) logging onto a server or an
account which you are not authorized to access; (c) attempting to
probe, scan or test the vulnerability of a system or network or to
breach security or authentication measures without proper
authorization; (d) attempting to interfere with service to any
user, host or network, including, without limitation, via means of
submitting a virus to the Site, introducing a Disabling Device (as
hereinafter defined), overloading, "flooding," "spamming,"
"mail-bombing" or "crashing;" (e) sending unsolicited email,
including promotions and/or advertising of products or services; or
(f) forging any TCP/IP packet header or any part of the header
information in any email or newsgroup posting. Violations of system
or network security may result in civil or criminal liability. The
Company will investigate occurrences that may involve such
violations and may involve, and cooperate with, law enforcement
authorities in prosecuting users who are involved in such
violations.
You agree not to use this Site in a manner that inhibits or restricts other users from enjoying the same. You agree not to post or transmit any information, software or other material that: 1) contains a virus, worm, Trojan horse, Timebomb or other harmful component; 2) is defamatory, abusive, obscene, illegal, threatening, libelous, pornographic or profane; and 3) infringes on the privacy, intellectual property and/or other protected rights of others, including, without limitation, any postings or transmissions that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, national or international law. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of this Site or any activity being conducted on this Site. You agree, further, not to use or attempt to use any engine, software, tool, agent or other devise or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search this Site other than the search engine and search agents available from the Company on this Site and generally available third party web browsers (e.g., Netscape Navigator, Microsoft Explorer).
6. USER COMMENTS, FEEDBACK, AND OTHER
SUBMISSIONS
We welcome Feedback regarding the AFIBL.com™ website. All
comments, feedback, suggestions, ideas, and other submissions
disclosed, submitted or offered to the Company on or by this Site
or otherwise disclosed, submitted or offered in connection with
your use of the Site (collectively "Feedback") shall be and remain
the Company's property. Such disclosure, submission or offer of any
Feedback shall constitute an assignment to the Company of all
worldwide rights, titles and interests in all copyrights and other
intellectual properties in the Feedback. Thus, the Company will own
exclusively all such rights, titles and interests and shall not be
limited in any way in its use, commercial or otherwise, of any
Feedback. The Company will be entitled to use, reproduce, disclose,
publish and distribute any Feedback you submit for any purpose
whatsoever, without restriction and without compensating you in any
way. The Company is and shall be under no obligation: 1) to
maintain any Feedback in confidence; 2) to pay to user any
compensation for any Feedback; or 3) to respond to any user
Feedback. You agree that no Feedback submitted by you to the Site
will violate any right of any third party, including copyright,
trademark, privacy or other personal or proprietary right(s). You
further agree that no Feedback submitted by you to the Site will be
or contain libelous or otherwise unlawful, abusive or obscene
material. You are and shall remain solely responsible for the
content of any Feedback you submit.
Feedback does NOT include information you provide to the Company through the Site when you are requesting information about your existing policies, offering to purchase additional products or services, or conducting business transactions with the Company using the Site. For complete information about the Company's Privacy and Personal Information Protection Practices please see our Internet Privacy Policy.
7. INDEMNIFICATION
You agree to defend, indemnify and hold the Company harmless from
and against any and all claims, damages, costs and expenses,
including attorneys' fees, arising from or related to your use of
the Site.
8. TERMINATION
These terms are effective unless and until terminated by either
you or the Company. You may terminate this Agreement at any time by
discontinuing any further use of the Site. The Company also may
terminate this Agreement at any time and may do so immediately
without notice, and accordingly deny you access to the Site, if in
the Company's sole discretion you fail to comply with any term or
provision of this Agreement. Upon any termination of the Agreement
by either you or the Company, you must promptly destroy all
materials downloaded or otherwise obtained from this Site, as well
as all copies of such materials, whether made under the terms of
use or otherwise.
9. DISCLAIMER
THIS SITE AND ANY AND ALL INFORMATION PROVIDED HEREIN OR IN
RELATED COMPANY SITES RELATED TO THE COMPANY, OUR OFFICERS,
DIRECTORS, AGENTS, EMPLOYEES, PARENT, AFFILIATES, SUBSIDIARIES OR
OTHER MEMBERS OF THE AMERICAN FIDELITY GROUP®, INCLUDING AMERICAN
FIDELITY CORPORATION, AMERICAN FIDELITY ASSURANCE COMPANY, AMERICAN
PUBLIC LIFE INSURANCE COMPANY AND SECURITY GENERAL LIFE INSURANCE
COMPANY ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. THE
COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS
OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE INFORMATION,
CONTENTS, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE, TO THE FULL
EXTENT PERMISSIBLE BY APPLICABLE LAW, AMERICAN FIDELITY
INTERNATIONAL (BERMUDA), LTD., ITS OFFICERS, DIRECTORS, AGENTS,
EMPLOYEES, PARENT, AFFILIATES, SUBSIDIARIES AND OTHER MEMBERS OF
THE AMERICAN FIDELITY GROUP® DISCLAIM ALL WARRANTIES, EXPRESS OR
IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF
MERCANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE OR
NON-INFRINGEMENT. THE INFORMATION PROVIDED HEREIS IS FOR
INFORMATIONAL PURPOSES ONLY AND THE COMPANY DOES NOT WARRANT THAT
THE INFORMATION IS COMPLETE OR ACCURATE, THAT USE OF THE SITE WILL
BE UNINTERRUPTED OR ERROR FREE OR THAT ANY INFORMATION IS FREE OF
DISABILING DEVICES (AS HEREINAFTER DEFINED), THAT DEFECTS WILL BE
CORRECTED, OR THAT THIS WEBSITE OR THE SERVER FROM WHICH IT IS
ACCESSED ARE FREE FROM VIRUSES, TIMEBOMBS, WORMS, TROJAN HORSES OR
OTHER HARMFUL COMPONENTS WHICH MAY PREVENT USERS FROM USING THE
WEBSITE OR ANY OTHER ITEM OF HARDWARE OR SOFTWARE OR MAY ERASE,
SCRAMBLE, LOCK OR DISABLE COMPUTER SOFTWARE OR EQUIPMENT. SHOULD
YOU OFFER TO PURCHASE A PRODUCT FROM THE COMPANY OR A THIRD PARTY,
THE TERMS AND CONDITIONS APPLICABLE TO THAT TRANSACTION WILL GOVERN
SUCH PURCHASE; YOUR USE OF THIS WEBSITE DOES NOT AFFECT THAT
PURCHASE IN ANY MANNER, WITHOUT LIMITING THE FOREGOING, YOU
ACKNOWLEDGE, BY YOUR SUE OF THE AMERICAN FIDELITY INTERNATIONAL
(BERMUDA), LTD. WEBSITE, THAT YOUR USE OF THE SITE IS AT YOUR SOLE
RISK. THIS DISCLAIMER CONTITUTES AN ESSENTIAL PART OF THIS
AGREEMENT. SOME STATES OR JURISDICTIONS DO NOT ALLOW LIMITATIONS ON
HOW LONG AN IMPLIED WARRANTY LASTS, SO THE FOREGOING LIMITATIONS
MAY NOT APPLY TO YOU.
10. DISABLING DEVICE
A "Disabling Device" is defined as any software, document, message
or other material which contains a computer virus, worm, Trojan
horse, timebomb or other device which may erase, scramble, lock or
disable computer software or equipment or may prevent users from
using a website or any other item of hardware or software.
11. LIMITATION OF LIABILITY
IN NO EVENT AND UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL OR
EQUITABLE THEORY, WHETHER BASED ON TORT, CONTRACT, STRICT
LIABILITY, BAD FAITH OR OTHERWISE, SHALL AMERICAN FIDELITY
INTERNATIONAL (BERMUDA), LTD. OR ANY OF ITS EMPLOYEES, DIRECTORS,
OFFICERS, AGENTS, VENDORS, SUPPLIERS, PARENT, AFFILIATES OR
SUBSIDIARIES BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR ANY COSTS,
DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR
CONSEQUENTIAL LOSSES OR DAMAGES OR ANY NATURE ARISING OUT OF OR IN
CONNECTION WITH THE USE OF OR INABILITY TO USE THIS OR ANY
COMPANY-RELATED WEBSITE, OR ANY OTHER DIRECT OR INDIRECT
HYPER-LINKED WEBSITES, INCLUDING, WITHOUT LIMITATION, DAMAGES OR
CLAIMS FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK
STOPPAGE, ACCURACY OF RESULTS, VIRUSES, OMISSIONS, DELAYS,
NONDELIVERY OF INFORMATION, RELIANCE ON INFORMATION, BUSINESS OR
PERSONAL INTERRUPTIONS, USE, LOSS OF PROGRAMS, LOSS OF FILES,
ERRORS, DEFECTS, DISABILING DEVICES, COMPUTER FAILURE OR
MALFUNCTION OR OTHER INTANGIBLE LOSSES, EVEN IF THE COMPANY, ITS
OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, BUSINESS PARTNERS, PARENT,
AFFILIATES OR SUBIDIARIES HAVE BEEN ADVISED OF OR SHOULD HAVE KNOWN
OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL AMERICAN
FIDELITY INTERNATIONAL (BERMUDA), LTD. BE LIABLE FOR ANY DAMAGES IN
EXCESS OF ANY FEES LEVIED BY THE COMPANY AND PAID BY YOU IN
CONNECTION WITH YOUR USE OF THE SITE DURING THE MONTH PRECEDING THE
DATE ON WHICH THE CLAIM AROSE.
12. SOFTWARE LICENSE
Any software that is made available to download from the Site
("Software") is owned or licensed by the Company and/or its
suppliers and is subject to U.S. and international copyright, trade
secret, trademark and other laws protecting intellectual property.
Use of the Software is governed by the terms of the end user
license agreement, if any, which accompanies or is included with
the Software; unless acceptance of a difference license agreement
is required prior to downloading the Software (the "License
Agreement"). The Software is made available for downloading solely
for use by end users according to the License Agreement. Any
reproduction or redistribution of the Software not in accordance
with the License Agreement is expressly prohibited by law, and may
result in severe civil and criminal penalties. Violators will be
prosecuted to the extent permitted by applicable law.
WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED. THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE LICENSE AGREEMENT, EXCEPT AS WARRANTED IN THE LICENSE AGREEMENT, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE SOFTWARE, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTIBILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT.
13. EXPORT CONTROLS.
Software from the Site is further subject to United States export
controls. No software from the Site may be downloaded or otherwise
exported or re-exported: 1) into (or to a national, agent or
resident) of any country to which the U.S. has embargoed goods; or
2) to anyone on the U.S. Treasury Department's list of Specially
Designated Nationals, or the U.S. Commerce Department's Table of
Deny Orders. By downloading or using the Software, you represent
and warrant that you are not located in, under the control of, or a
national, agent or resident of any such country or on any such
list.
14. COMPLETE AGREEMENT
This Agreement represents the complete agreement between the
parties and supersedes all previous written or oral agreements
between the parties with respect to such subject matter. If any
provision of this Agreement is held to be unenforceable for any
reason, such provision shall be reformed only to the extent
necessary to make it enforceable and the other terms of this
Agreement shall remain in full force and effect. The failure of the
Company to act with respect to a breach of this Agreement by you or
others does not constitute a wavier and shall not limit the
Company's rights with respect to such breach or any subsequent
breaches. This Agreement shall be governed by and construed under
Bermuda law as such law applies to agreements between Bermuda
residents entered into and to be performed within Bermuda, without
giving effect to any principles of conflicts of law. © 2009
American Fidelity International (Bermuda), Ltd. All Rights
Reserved.
