Read This Terms of
Use Agreement Before Accessing Website.
Effective Date: This Terms of Use Agreement was last updated
on 12/15/2007.
This Terms of Use Agreement sets forth the standards of use
of the Midwest Annuity Direct Online Service. By using Midwest
Annuity Direct/www.midwestannuitydirect.com website you (the “Member”)
agree to these terms and conditions. If you do not agree to
the terms and conditions of this agreement, you should immediately
cease all usage of this website. We reserve the right, at any
time, to modify, alter, or update the terms and conditions
of this agreement without prior notice. Modifications shall
become effective immediately upon being posted Midwest Annuity
Direct/www.midwestannuitydirect.com website. Your continued
use of the Service after amendments are posted constitutes
an acknowledgement and acceptance of the Agreement and its
modifications. Except as provided in this paragraph, this Agreement
may not be amended.
Disclaimer of Warranties.
The site is provided by Midwest Annuity Direct on an “as
is” and on an “as available” basis. To the
fullest extent permitted by applicable law, Midwest Annuity
Direct makes no representations or warranties of any kind,
express or implied, regarding the use or the results of this
web site in terms of its correctness, accuracy, reliability,
or otherwise. Midwest Annuity Direct shall have no liability
for any interruptions in the use of this Website. [Midwest
Annuity Direct disclaims all warranties with regard to the
information provided, including the implied warranties of merchantability
and fitness for a particular purpose, and non-infringement.
Some jurisdictions do not allow the exclusion of implied warranties,
therefore the above-referenced exclusion is inapplicable.
Limitation of Liability
MIDWEST ANNUITY DIRECT SHALL NOT BE LIABLE FOR ANY DAMAGES
WHATSOEVER, AND IN PARTICULAR MIDWEST ANNUITY DIRECT SHALL
NOT BE LIABLE FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL, OR
INCIDENTAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOSS OF REVENUE,
OR LOSS OF USE, ARISING OUT OF OR RELATED TO THIS WEB SITE
OR THE INFORMATION CONTAINED IN IT, WHETHER SUCH DAMAGES ARISE
IN CONTRACT, NEGLIGENCE, TORT, UNDER STATUTE, IN EQUITY, AT
LAW, OR OTHERWISE, EVEN IF MIDWEST ANNUITY DIRECT HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS
DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR
INCIDENTAL OR CONSEQUENTIAL DAMAGES, THEREFORE SOME OF THE
ABOVE LIMITATIONS IS INAPPLICABLE.
Indemnification
Member agrees to indemnify and hold Midwest Annuity Direct
its parents, subsidiaries, affiliates, officers and employees,
harmless from any claim or demand, including reasonable attorneys’ fees
and costs, made by any third party due to or arising out of
Member’s use of the Service, the violation of this Agreement,
or infringement by Member, or other user of the Service using
Member’s computer, of any intellectual property or any
other right of any person or entity.
Modifications and Interruption to Service
Midwest Annuity Direct reserves the right to modify or discontinue
the Service with or without notice to the Member. Midwest Annuity
Direct shall not be liable to Member or any third party should
Midwest Annuity Direct exercise its right to modify or discontinue
the Service. Member acknowledges and accepts that Midwest Annuity
Direct does not guarantee continuous, uninterrupted or secure
access to our website and operation of our website may be interfered
with or adversely affected by numerous factors or circumstances
outside of our control.
Third-Party Sites
Our website may include links to other sites on the Internet
that are owned and operated by online merchants and other third
parties. You acknowledge that we are not responsible for the
availability of, or the content located on or through, any
third-party site. You should contact the site administrator
or webmaster for those third-party sites if you have any concerns
regarding such links or the content located on such sites.
Your use of those third-party sites is subject to the terms
of use and privacy policies of each site, and we are not responsible
therein. We encourage all Members to review said privacy policies
of third-parties’ sites.
Disclaimer Regarding Accuracy of Vendor Information
Product specifications and other information have either been
provided by the Vendors or collected from publicly available
sources. While Midwest Annuity Direct makes every effort to
ensure that the information on this website is accurate, we
can make no representations or warranties as to the accuracy
or reliability of any information provided on this website.
Midwest Annuity Direct makes no warranties or representations
whatsoever with regard to any product provided or offered by
any Vendor, and you acknowledge that any reliance on representations
and warranties provided by any Vendor shall be at your own
risk.
Governing Jurisdiction of the Courts [Kansas]
Our website is operated and provided in the State of Kansas.
As such, we are subject to the laws of the State of Kansas
and such laws will govern this Terms of Use, without giving
effect to any choice of law rules. We make no representation
that our website or other services are appropriate, legal or
available for use in other locations. Accordingly, if you choose
to access our site you agree to do so subject to the internal
laws of the State of Kansas.
Compliance with Laws.
Member assumes all knowledge of applicable law and is responsible
for compliance with any such laws. Member may not use the Service
in any way that violates applicable state, federal, or international
laws, regulations or other government requirements. Member
further agrees not to transmit any material that encourages
conduct that could constitute a criminal offense, give rise
to civil liability or otherwise violate any applicable local,
state, national, or international law or regulation.
Copyright and Trademark Information
All content included or
available on this site, including site design, text, graphics,
interfaces, and the selection and arrangements thereof is ©2007
MidwestAnnuityDirect.com, with all rights reserved, or is the
property of Midwest Annuity Direct and/or third parties protected
by intellectual property rights. Any use of materials on the
website, including reproduction for purposes other than those
noted above, modification, distribution, or replication, any
form of data extraction or data mining, or other commercial
exploitation of any kind, without prior written permission
of an authorized officer of Midwest Annuity Direct is strictly
prohibited. Members agree that they will not use any robot,
spider, or other automatic device, or manual process to monitor
or copy our web pages or the content contained therein without
prior written permission of an authorized officer of Midwest
Annuity Direct.
Midwest Annuity Direct™ and MidwestAnnuityDirect.com™ are
proprietary marks of MidwestAnnuityDirect.com. Midwest Annuity
Direct’s trademarks may not be used in connection with
any product or service that is not provided by Midwest Annuity
Direct in any manner that is likely to cause confusion among
customers, or in any manner that disparages or discredits Midwest
Annuity Direct.
All other trademarks displayed on Midwest Annuity Direct’s
website are the trademarks of their respective owners, and
constitute neither an endorsement nor a recommendation of those
Vendors. In addition, such use of trademarks or links to the
web sites of Vendors is not intended to imply, directly or
indirectly, that those Vendors endorse or have any affiliation
with Midwest Annuity Direct.
Notification of Claimed Copyright Infringement
Pursuant to Section 512(c) of the Copyright Revision Act, as
enacted through the Digital Millennium Copyright Act MidwestAnnuityDirect.com
designates the following individual as its agent for receipt
of notifications of claimed copyright infringement.
By Mail:
Midwest Annuity Direct
PO Box 19626
Lenexa, KS 66285-9626
By Telephone: 1.800.780.9122
By Email: support@midwestannuitydirect.com
Other Terms
If any provision of this Terms of Use Agreement shall be unlawful,
void or unenforceable for any reason, the other provisions
(and any partially-enforceable provision) shall not be affected
thereby and shall remain valid and enforceable to the maximum
possible extent. You agree that this Terms of Use Agreement
and any other agreements referenced herein may be assigned
by Midwest Annuity Direct, in our sole discretion, to a third
party in the event of a merger or acquisition. This Terms of
Use Agreement shall apply in addition to, and shall not be
superseded by, any other written agreement between us in relation
to your participation as a Member. Member agrees that by accepting
this Terms of Use Agreement, Member is consenting to the use
and disclosure of their personally identifiable information
and other practices described in our Privacy Policy Statement
[if applicable]. |
