Terms of Service
1. Your relationship with Annuity Rate Watch
Your use of products, data, software, services and web sites (referred to collectively as the “Services” here after) is subject to the terms of a legal agreement between you and Annuity Rate Watch, Inc. This applies to all Annuity Rate Watch websites including but not limited to virutalAnnuityBrokers.com, virutalAnnuityData.com, termlifedata.com, immediateAnnuityQuotes.com, datafeeds.annuityratewatch.com, annuitiesOnline.com and any other Annuity Rate Watch owned site or data feed. Annuity Rate Watch’s principal place of business is in Middleborough Massachusetts. This document explains how the agreement is made up, and sets out some of the terms of that agreement.
The terms of this document, along with any service-specific terms, together form a legally binding agreement between you and Annuity Rate Watch in relation to your use of the Services. Please take the time to read them carefully and review periodically as the terms are subject to change.
2. Accepting the Terms
In order to use the Services, you must first agree to the Terms. You may not use the Services if you do not accept the Terms.
You accept the Terms by:
1) Clicking to agree to the terms whenever this question is made to you by Annuity Rate Watch’s user interface in the course of using any services.
2) By actually using the Services. You understand and agree that Annuity Rate Watch will treat your use of the Services as acceptance of the Terms.
You may not use the Service if you are not of legal age to form a binding contract with Annuity Rate Watch or if you are prohibited from receiving the Services under the laws of the United States or if you violate any terms of this agreement.
Please retain a copy of this document and any other terms of specific services for your records.
3. Changes to Services
Annuity Rate Watch is continuously enhancing the Service in order to provide the best possible experience for its users. You acknowledge and agree that the specifics of the Services which Annuity Rate Watch provides may change from time to time without prior notice to you.
As part of the continuous changes, you acknowledge and agree that Annuity Rate Watch may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to users generally at Annuity Rate Watch’s sole discretion, without prior notice to you.
4. Use of the Services
In order to access certain Services, you may be required to provide information about yourself (such as contact or payment information) as part of the registration process for the Service, or as part of your use of the Services. You agree that any registration information you give to Annuity Rate Watch will always be accurate, correct and up to date.
You agree to use the Services only for purposes that are permitted by (a) the Terms and (b) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions (including any laws regarding the export of data or software to and from the United States or other relevant countries).
You acknowledge and agree that Annuity Rate Watch owns all legal right, title and interest in and to the Services, including any intellectual property rights which subsist in the Services. You further acknowledge that the Services may contain information which is designated confidential by Annuity Rate Watch and that you shall not disclose such information without Annuity Rate Watch’s prior written consent.
You agree not to access (or attempt to access) any of the Services by any means other than through the interface that is provided by Annuity Rate Watch, unless you have been specifically allowed to do so in a separate agreement with Annuity Rate Watch. You specifically agree not to access (or attempt to access) any of the Services through any automated means (including use of scripts or web crawlers).
You agree that you will not engage in any activity that interferes with or disrupts the Annuity Rate Watch Services, servers or networks.
Unless you have been specifically permitted to do so in a separate agreement with Annuity Rate Watch, you agree that you will not reproduce, duplicate, copy, sell, trade or resell the Services for any purpose.
You agree that you are solely responsible for (and that Annuity Rate Watch has no responsibility to you or to any third party for) any breach of your obligations under the Terms and for the consequences (including any loss or damage which Annuity Rate Watch may suffer) of any such breach.
5. Copyright
It is Annuity Rate Watch’s policy to respond to notices of alleged copyright infringement that comply with applicable international intellectual property law (including, in the United States, the Digital Millennium Copyright Act) and to terminating the accounts of infringers.
6. License to Use Software
Annuity Rate Watch gives you a royalty-free, non-assignable and non-exclusive license to use the software provided to you by Annuity Rate Watch as part of the Services as provided to you by Annuity Rate Watch (referred to as the “Software” below). This license is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by Annuity Rate Watch, in the manner permitted by the Terms.
You may not copy, modify, reverse engineer, decompile or otherwise attempt to extract the source code, data or algorithms of the Software or any part thereof. You may not assign your rights to use the Software, grant a partial interest in your rights to use the Software, or otherwise transfer any part of your rights to use the Software to any other party.
7. Your Account and Password
You agree that you will be solely responsible to Annuity Rate Watch for all activities that occur under your account. You agree and understand that you are responsible for maintaining the confidentiality of passwords associated with any account you use to access the Services.
If you become aware of any unauthorized use of your password or of your account, you agree to notify Annuity Rate Watch immediately.
8. Branding and Rights
You may not use any of Annuity Rate Watch’s trade names, trade marks, service marks, logos, domain names, and other distinctive brand features without advanced authorization in writing.
You agree that you shall not remove, obscure, or alter any proprietary rights notices (including copyright and trade mark notices) which may be display within the Services.
You agree that in using the Services, you will not use any trade mark, service mark, trade name, logo of any company or organization in a way that is likely or intended to cause confusion about the owner of such marks, names or logos.
9. Ending your relationship with Annuity Rate Watch
If you want to terminate your legal agreement with Annuity Rate Watch, you may do so by notifying Annuity Rate Watch by using the cancellation screen and thereby closing your accounts and discontinuing all use of services.
Annuity Rate Watch may at any time, terminate its legal agreement with you if:
(A) you have breached any provision of the Terms
(B) Annuity Rate Watch is required to do so by law
(C) Annuity Rate Watch will no longer provide the Services which you use
When these Terms come to an end, all of the legal rights, obligations and liabilities that you and Annuity Rate Watch have benefited from, been subject to are expressed to continue indefinitely, shall be unaffected by this change and the provisions these terms shall continue to apply to such rights, obligations and liabilities indefinitely.
10. EXCLUSION OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK AND THAT THE SERVICES ARE PROVIDED "AS IS."
ANNUITY RATE WATCH DOES NOT REPRESENT OR WARRANT TO YOU THAT:
· YOUR USE OF THE SERVICES WILL MEET YOUR REQUIREMENTS,
· YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR,
· ANY INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USE OF THE SERVICES WILL BE FREE FROM INACCURACIES OR ENTIRELY RELIABLE
· THAT DEFECTS IN THE OPERATION OR FUNCTIONALITY OF ANY SOFTWARE PROVIDED TO YOU AS PART OF THE SERVICES WILL BE CORRECTED
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM ANNUITY RATE WATCH OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.
ANNUITY RATE WATCH FURTHER EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
11. LIMITATION OF LIABILITY
YOU UNDERSTAND AND AGREE THAT ANNUITY RATE WATCH, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS SHALL NOT BE LIABLE TO YOU FOR:
(A) ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL OR EXEMPLARY DAMAGES WHICH MAY BE INCURRED BY YOU, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY.. THIS SHALL INCLUDE, BUT NOT BE LIMITED TO, ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY), ANY LOSS OF GOODWILL OR BUSINESS REPUTATION, ANY LOSS OF DATA SUFFERED, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSS;
(B) ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU, INCLUDING BUT NOT LIMITED TO LOSS OR DAMAGE AS A RESULT OF:
1. THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE, ANY CONTENT AND OTHER COMMUNICATIONS DATA MAINTAINED OR TRANSMITTED BY OR THROUGH YOUR USE OF THE SERVICES;
2. YOUR FAILURE TO PROVIDE ANNUITY RATE WATCH WITH ACCURATE ACCOUNT INFORMATION;
3. YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL
4. INACCURACIES OF RATES, COMMISSIONS, PROVISIONS, ILLUSTRATIONS, FORMS AND QUOTES OR ANY INFORMATION RELATED TO PRODUCTS
THE LIMITATIONS ON ANNUITY RATE WATCH’S LIABILITY TO YOU IN THE ABOVE SHALL APPLY WHETHER OR NOT ANNUITY RATE WATCH HAS BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.
12. Other content
The Services may include hyperlinks to other web sites or content or quotes. Annuity Rate Watch may have no control over any web sites or resources which are provided by companies or persons other than Annuity Rate Watch. You acknowledge and agree that Annuity Rate Watch is not responsible for the availability of any such external sites or resources.
13. Changes to the Terms
Annuity Rate Watch may make changes to these Terms from time to time. When these changes are made, Annuity Rate Watch will make a new copy of the terms available on all web sites.
You understand and agree that if you use the Services after the date on which the Terms have changed, Annuity Rate Watch will treat your use as acceptance of the updated Terms.
14. Disputes
You agree that if Annuity Rate Watch does not exercise or enforce any legal right which contained in the Terms, this will not be taken to be a waiver of Annuity Rate Watch’s rights and that those rights will still be available to Annuity Rate Watch.
If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these Terms are invalid, then that provision will be removed from the Terms without affecting the rest of the Terms. The remaining provisions of the Terms will continue to be valid and enforceable.
The Terms, and your relationship with Annuity Rate Watch under the Terms, shall be governed by the laws of the State of Massachusetts without regard to its conflict of laws provisions. You and Annuity Rate Watch agree to submit to the exclusive jurisdiction of the courts located within the Plymouth county of Massachusetts to resolve any legal matter arising from the Terms. In addition to this, you agree that Annuity Rate Watch may still apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.
Last Revised June 2008