Terms and Conditions of Use
This Web site is owned by Mutual of Omaha Insurance Company and its affiliates ("Mutual").
By accessing, viewing, or using the systems, services or materials on any of the Mutual of Omaha Companies ("Mutual") Web sites, (e.g., "mutualofomaha.com," the "Mutual enet," or other sites, which are collectively known as the "Site"), you indicate your understanding of these "Terms and Conditions of Use," and further agree to accept such Terms and Conditions of Use and to be legally bound by them.
A. AVAILABILITY AND USE OF MATERIALS ON THE SITE
"Materials" include information, forms, documents, software and other content present on or available to you from the Site. "Software" means any computer software accessible to you on the Site. Mutual may revise, enhance or update the Materials at any time. You must use the latest version or newest release of the Materials in accordance with the procedures established by Mutual. Materials which offer descriptions or information on the products Mutual sells are intended as general information and may not contain complete descriptions of all applicable terms, exclusions and conditions. Product availability varies by state.
B. COPYRIGHT AND PROPRIETARY RIGHTS IN MARKS, LOGOS AND MATERIALS
All service marks and logos located on the Site are owned by Mutual unless otherwise indicated. All Materials are Mutual's property, unless otherwise indicated. All Materials are protected by United States copyright laws and all other applicable laws. Removal or reproduction, by any means, of any Materials, logo, trademark, service mark, or the name of Mutual or its affiliates, is expressly prohibited without the prior written consent of Mutual.
C. LICENSE TO USE MATERIALS
Mutual grants you a non-exclusive, non-transferable, temporary license to use Materials other than the Software. Mutual may revoke your license to use any Material (including Software) at any time if you fail to comply with this Agreement, or for any other reason. In no event shall the Materials be used in any manner which Mutual deems to be directly or indirectly in competition with Mutual or contrary to Mutual's best interests.
D. LICENSE TO USE SOFTWARE
Permission to use the Software is granted only if you have registered to use the Mutual enet, or other Site segment containing Software. If you are thus permitted to use the Software, Mutual grants you a non-exclusive, non-transferable, temporary license to use the Software. The Software is the sole and exclusive property of Mutual, or Mutual's third party vendor, as identified by the Software. If Mutual's authorization to use third party Software expires or terminates, your license to use the Software is immediately and automatically revoked. You agree to use the Software exclusively in conjunction with the marketing of Mutual's products and in accordance with procedures established by Mutual. Under no circumstances other than for backup or archival copying purposes may you copy the Software or any portion thereof without Mutual's prior written consent. You are not otherwise authorized to copy, reverse engineer, decompile, or use the Software in any manner other than as expressly authorized in this Agreement.
If Mutual discloses at the time of your use or download of any Materials that Mutual will charge you for use of the Materials, then your use of those Materials means that you agree to pay to Mutual any license or use fee then being charged by Mutual to use specified Materials. All such fees are non-refundable.
F. COMMUNICATIONS WITH THE SITE
Except as required by privacy laws, if you elect to communicate with Mutual via the Site or e-mail, you acknowledge that the information contained in your message shall not be considered confidential and that Mutual shall be free to disclose or otherwise use such information contained therein without any liability or limitation, including but not limited to creating and marketing products and/or services using such information. Mutual is not responsible and shall not be liable for the contents of information, messages or other content posted to the Site by visitors or persons other than Mutual employees. Opinions or comments contained in such items reflect the views of the author and not of Mutual unless Mutual expressly states to the contrary.
G. LINKS TO OTHER WEB SITES
The Site may, from time to time, contain links to other Internet Web sites for the convenience of users in locating information and services that may be of interest. You acknowledge that these third-party sites are maintained by persons or organizations which Mutual does not control, and Mutual expressly disclaims any responsibility for the content, the accuracy of the information and/or quality of products or services provided by or advertised on these third-party sites. Mutual does not control, endorse, promote, or have any affiliation with any other Web site unless expressly stated in the Site or in the other Web site.
H. USE OF THE INTERNET
Use of the Internet is solely at your own risk and is subject to all applicable state, national and international laws and regulations. While Mutual endeavors to apply security protocols which are necessary and appropriate to the types of electronic communications which occur through use of the Site, the confidentiality of any communication or material transmitted to or from Mutual via the Site, other Web sites or Internet electronic mail cannot be guaranteed, including personal information such as your address or social security number. Mutual will not be liable for any loss resulting from a cause over which we have no direct control, including but not limited to, failure of electronic or mechanical equipment or communication lines, telephone or other interconnect problems, computer viruses, unauthorized access, theft, operator errors, severe weather, earthquakes, natural disasters, strikes or other labor problems, wars, or governmental restrictions.
I. DISCLAIMER OF WARRANTY AND LIMITATION OF LIABILITY
USE OF THIS SITE IS ENTIRELY AT YOUR OWN RISK. IN NO EVENT SHALL MUTUAL BE LIABLE TO YOU, OR TO ANY THIRD PARTIES, FOR ANY DAMAGES YOU OR A THIRD PARTY MAY SUSTAIN DUE TO YOUR USE OR INABILITY TO USE THE SITE OR ANY MATERIALS, EVEN IF MUTUAL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. MUTUAL SHALL NOT BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOST REVENUES OR LOST PROFITS, WHICH MAY RESULT FROM THE USE OF, ACCESS TO, OR INABILITY TO USE THESE MATERIALS. UNDER NO CIRCUMSTANCES WILL THE TOTAL LIABILITY OF MUTUAL TO YOU EXCEED THE PRICE PAID FOR USE OF THE SITE. THE SITE AND MATERIALS ARE PROVIDED "AS IS." TO THE MAXIMUM EXTENT PERMITTED BY LAW, MUTUAL DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. MUTUAL DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SITE OR ANY MATERIALS WILL MEET ANY REQUIREMENTS OR NEEDS YOU MAY HAVE, OR THAT THE SITE OR ANY MATERIALS WILL OPERATE IN AN ERROR FREE OR UNINTERRUPTED FASHION, OR THAT ANY DEFECTS OR ERRORS IN THE SITE OR MATERIALS WILL BE CORRECTED, OR THAT THE SOFTWARE IS COMPATIBLE WITH ANY PARTICULAR PLATFORM. SOME JURISDICTIONS DO NOT ALLOW THE WAIVER OR EXCLUSION OF IMPLIED WARRANTIES SO THEY MAY NOT APPLY TO YOU.
J. INDEMNIFICATION AND INJUNCTION
You agree to defend, indemnify and hold harmless Mutual, its affiliates and subsidiaries, and all of their respective directors, officers, employees, representatives, proprietors, partners, shareholders, servants, principals, agents, predecessors, successors, assigns and attorneys from and against any and all claims, proceedings, damages, injuries, liabilities, losses, costs and expenses (including attorney's fees and litigation expenses) relating to or arising from your use of the Site, any breach by you of these Terms and Conditions, your negligent or intentional acts, errors or omissions in regard to the subject matter of this Agreement, or your failure to comply with applicable laws.
K. GOVERNING LAW AND JURISDICTION
This Agreement is governed by the laws of the State of Nebraska without regard to that state's principles of conflicts of laws. Your consent to the jurisdiction of the federal and state courts presiding in Omaha, Nebraska, and agree to accept service of process by mail and hereby waive any and all jurisdictional and venue defenses otherwise available. This Site is controlled and operated by Mutual from its offices within the United States. Mutual makes no representation that materials in the Site are appropriate or available for use in other locations, and access to them from territories where their contents are illegal is prohibited. Those who choose to access this Site from other locations do so on their own volition and are responsible for compliance with applicable local laws.
The product information contained on this Web site has been prepared for informational purposes only and is not intended to constitute a solicitation or offer for sale. All products listed may not be available in all states. For further information, please contact your nearest Mutual Representative who can provide you with costs and complete details.
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