Terms of Use
Please read the following terms and conditions (“Terms of Use”) before using the Magna Life Settlements, Inc. and its affiliates (the “Firm”) website (the “Website”, which comprises all information in this website, including without limitation, the Terms of Use and all forms, brochures and information referenced or connected by a link). The Website is for informational purposes only and is not an advertisement.
Your access to and use of the Website is subject to these Terms of Use and all applicable laws and regulations. The Terms of Use constitute a legal agreement between you and the Company. The Website is available only to, and may only be used by, individuals who can form legally binding contracts under applicable law. Without limiting the foregoing, the Website is not available to persons under age 18. By accessing and using the Website, you accept and agree to be bound by, without qualification, these Terms of Use regardless of whether you have read through all of the applicable terms. If you do not approve and accept these Terms of Use without qualification, you should exit the Website immediately. Your continued use of the Website will indicate your acceptance of the Terms of Use.
Please direct any questions or concerns about the Firm, these Terms of Use or the Website to [email protected].
PERSONAL AND NON-COMMERCIAL USE LIMITATION
Except as expressly permitted in the Website or by the Firm, the Website is for your personal and non-commercial use. The Firm grants you a non-exclusive, non-transferable and limited personal license to access and use the Website, conditioned on your continued compliance with these Terms of Use. Except as expressly permitted in the Website or by the Firm, you may not modify, copy, distribute, transmit, display, publish, license, create derivative works from, or sell any information, products or services obtained from or otherwise referenced in the Website. However, the Firm grants you permission to make one copy of the content on any or all pages of the Website, and download a form or brochure, for reference, provided you retain all of the Firm’s copyright or other proprietary notices. You may not link other websites to the Website without the Firm’s prior written permission.
You are prohibited from using the Website to advertise or perform any commercial solicitation. You also are prohibited from using any robot, spider, scraper or other automated means to access the Website for any purpose without the prior written permission of the Firm. You may not take any action that imposes, or may impose, in our sole discretion, an unreasonable or disproportionately large load on our infrastructure, interfere or attempt to interfere with the proper working of the Website or any activities conducted on the Website, or bypass any measures that we may use to prevent or restrict access to the Website. Any rights not expressly granted herein are reserved.
NO OFFERING OR ADVICE
The information on the Website is intended to enable people interested in life settlements to understand the nature of the Firm’s services. It is not intended as, and does not constitute, investment advice, legal or tax advice or an offer to purchase or sell (or constitute the facilitation of an offer to purchase or sell) any life insurance policies or securities to any person or a solicitation of any person of any offer to purchase or sell any life insurance policies or securities. The information in the Website should not be construed as the Firm’s endorsement, recommendation or sponsorship of any company, life insurance policy or security. There are inherent risks in relying on, using or retrieving any information found on the Website, and the Firm urges you to make sure that you understand these risks before relying on, using or retrieving any information on the Website. You should evaluate the information made available through the Website, and you should seek the advice of professionals, as appropriate, to evaluate any opinion, advice, product, service and other information.
The Firm’s services are not designed to, and do not, replace the services of tax advisors, financial advisors or life settlement brokers. The Firm advises visitors to the Website to consult their professional advisors and appropriately licensed brokers for final approval and/or implementation of life settlement-related transactions.
You acknowledge that any of your requests for information are unsolicited and any information shall neither constitute nor be construed as investment, life settlement-related or other advice from the Firm to you or to form an investment or life settlement advisory relationship, or any other client relationship between you and the Firm or any of its employees. The Firm strongly recommends that if you are considering selling your policy that you seek outside advice from a qualified life settlement professional. The Firm does not guarantee the suitability or potential value of any particular life settlement transaction or of any investment in any life settlement transaction, or the accuracy of any information source. Magna Life Settlements, Inc. may be affiliated, or have agreements, with companies discussed on the Website and may receive compensation from such companies.
EACH POLICY SALE IS UNIQUE
The sales data presented on the Website are specific to a particular policy sold by a given owner. The Firm believes that the performance shown on the Website was generated with methodology that the Firm would expect to use in the future. Future life settlement transactions, however, may be made involving different factors, including without limitation, different life expectancies, policy issuers and policy face values, all of which will influence the amount offered for the policy. Illustrations in the Website of amounts paid for the sale of a policy in a life settlement transaction, and investment returns, if any, may differ from the results actually achieved in future life settlements.
TRUTHFUL INFORMATION
As a condition to your use of the Website, you represent and warrant to, and agree with the Firm that, all of the information that you provide shall be truthful, accurate and complete.
DISCLAIMERS AND LIMITATION OF LIABILITY
THE INFORMATION, SOFTWARE AND SERVICES PUBLISHED ON THIS WEBSITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. DUE TO VARIOUS FACTORS, INCLUDING THE INHERENT POSSIBILITY OF HUMAN AND MECHANICAL ERROR, THE ACCURACY, COMPLETENESS, TIMELINESS AND CORRECT SEQUENCING OF SUCH INFORMATION, SOFTWARE AND SERVICES AND THE RESULTS OBTAINED FROM THEIR USE ARE NOT GUARANTEED BY THE FIRM OR ANY PERSONS CREATING OR TRANSMITTING SUCH INFORMATION, SOFTWARE AND SERVICES. While the Firm endeavors to keep the information on the Website up to date and accurate, the Firm makes no warranties or representations as to the currency or accuracy of any information on the Website, and you are expressly advised not to take any action, or make any decision, in reliance on any statement contained on the Website unless otherwise advised in writing by the Firm. The Firm will not be held legally responsible for any errors or omissions in the content of the Website.
THE FIRM AND/OR ITS RESPECTIVE SERVICERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE CONTENT AND OPERATION OF THE WEBSITE AT ANY TIME WITHOUT NOTICE. THE WEBSITE MAY BE TEMPORARILY UNAVAILABLE FROM TIME TO TIME DUE TO REQUIRED MAINTENANCE, TELECOMMUNICATIONS INTERRUPTIONS OR OTHER REASONS.
THE FIRM AND/OR ITS SERVICERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION, SOFTWARE, PRODUCTS AND SERVICES CONTAINED ON THIS WEBSITE FOR ANY PURPOSE. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS AND SERVICES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. THE FIRM AND/OR ITS RESPECTIVE SERVICERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS AND SERVICES, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT AND AVAILABILITY. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
YOUR USE OF THE WEBSITE IS AT YOUR OWN RISK. YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, LOSS OF DATA OR ANY OTHER DAMAGE OR LOSS THAT RESULTS FROM THE USE OF THE WEBSITE OR THE DOWNLOAD OF ANY CONTENT FROM THE WEBSITE. IN NO EVENT SHALL THE FIRM AND/OR ITS SERVICERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH OR RELATING TO THE USE OF OR ACCESS TO THIS WEBSITE OR WITH THE DELAY OR INABILITY TO USE THIS WEBSITE, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, DOCUMENTS, FORMS, BROCHURES OR SERVICES OBTAINED THROUGH THE WEBSITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF THE FIRM OR ANY OF ITS SERVICERS HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
THE FIRM AND ANY PERSON CREATING OR TRANSMITTING INFORMATION ACCESSIBLE THROUGH THE WEBSITE SHALL NOT BE LIABLE FOR ANY INFECTION BY VIRUSES OF FOR DAMAGE TO ANY COMPUTER OR SOFTWARE THAT RESULTS FROM YOUR USE OF, ACCESS TO OR DOWNLOADING OF ANY SUCH INFORMATION. IF YOU ARE DISSATISFIED WITH THE INFORMATION, PRODUCTS OR SERVICES OFFERED AT THE WEBSITE OR WITH THE TERMS AND CONDITIONS OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF AND ACCESS TO THE SITE. IT IS THE USER’S RESPONSIBILITY TO USE APPROPRIATE MEASURES, SUCH AS ANTI-VIRUS SOFTWARE, TO PROTECT THE USER’S INFORMATION TECHNOLOGY ASSETS.
OWNERSHIP OF CONTENT
The Website and all of its content, including but not limited to all text, graphics, charts, audio, logos, images, forms, brochures, data compilations, icons, code and software (“Content”), are the property of the Firm and are protected by U.S. and international copyright laws, with all rights reserved unless otherwise noted. All trademarks, service marks, trade names and other product and service names and logos displayed on the Website are proprietary to the Firm, including all registered and unregistered trademarks and service marks of the Firm. If the Website includes any trademarks, service marks, trade names or logos of any third parties, such items are the proprietary marks and names of their respective owners, and are protected by applicable trademark and intellectual property laws. Your use of any Content, whether owned by the Firm or any third party, without the Firm’s express written permission, is strictly prohibited except as otherwise expressly permitted in these Terms of Use. Without limiting the foregoing, you are prohibited from using any of the Firm’s copyrighted material or trademarks for any purpose, including, but not limited to, use as metatags, links or otherwise on any website, without the prior written permission of the Firm.
PRIVACY
To the extent that users of the Website voluntarily provide information to the Firm through the Website, such information will be kept confidential and used only for providing information or responding to the user’s inquiry. By submitting your contact or identifying information, including your name, phone number, address and email address, you understand that the Firm may contact you by email, mail or phone to discuss your inquiry and you consent to this contact. You agree that all agreements, notices, disclosures, and other communications that the Firm provides to you in accordance with the prior sentence satisfy any legal requirement that such communications be in writing.
SOCIAL MEDIA
The Website may have links for you to share your experience with the Firm or your friends using social media tools such as Facebook and Twitter. If you choose to use these tools, you may be sharing certain profile elements, including your comments. This sharing is subject to each social media program’s privacy policies.
NO UNLAWFUL OR PROHIBITED USE
As a condition to your use of the Website, you represent and warrant to, and agree with, the Firm that you will not use the Website for any purpose that is unlawful or prohibited by these Terms of Use.
REFERENCES TO PUBLICATIONS AND OTHER COMPANIES
References to any publication or any other organization in the Website are for reference and informational purposes only and are not intended to suggest that any such organization endorse, recommend or approve of the services of the Firm or that the Firm endorses, recommends or approves the services or products of such organization. News stories reflect only the author’s opinion and not necessarily that of the Firm unless otherwise indicated.
MODIFICATION AND MONITORING OF WEBSITE
The Firm may, at its discretion, change, modify, add or remove portions of the Website, including without limitation, these Terms of Use at any time without notice to you. We suggest that you check these Terms of Use periodically for changes. These Terms of Use can be accessed from the link at the bottom of each page. If you use the Website after we post changes to these Terms of Use, you accept the changed Terms of Use. The Firm expressly reserves the right to monitor any and all use of the Website.
TERMINATION AND CANCELLATION
The Firm may modify or terminate the Website and terminate your access to the Website, without notice at any time and for any reason. You agree that the Firm may immediately deactivate or delete your password and user name, if any, and all related information and files associated with it, if any, and/or bar any further access to any such information or files. You agree that the Firm shall not be liable to you or any third party for any termination of your access to the Website.
INDEMNITY
You agree, at your own expense, to indemnify, defend and hold harmless the Firm, its parents, subsidiaries and affiliates, and their officers, partners, managers, members, employees, agents, advisors, vendors, servicers, suppliers, distributors and licensees, from and against any judgments, losses, deficiencies, damages, liabilities, investigations, inquiries, costs, claims, demands, suits, and expenses (including, without limitation, reasonable attorneys’ fees and expenses) incurred in, arising out of or in any way related to your breach of these Terms of Use, your use of the Website or any product or service related thereto, or any of your other acts or omissions.
JURISDICTIONAL ISSUES AND APPLICABLE LAW
Unless otherwise specified, the Firm controls and operates the Website from its offices within the State of Texas, United States of America.
The Firm does not claim that materials in the Website are appropriate or available for use in locations other than Texas. If you choose to access the Website from other locations, you do so on your own initiative, and you are responsible for compliance with any applicable local laws.
Software from the Website is further subject to United States export controls. Software from the Website may not be downloaded or otherwise exported or reexported outside the United States. By downloading or using such software, you represent and warrant that you are not located in, under the control of, or a national or resident of any country or territory outside of the United States.
These Terms of Use are governed by the laws of the State of Texas, without regard to its choice of law provisions. You hereby consent to the exclusive and personal jurisdiction and venue of courts in the City of Austin, Texas and Travis County, Texas, which shall have exclusive jurisdiction over any and all disputes arising out of or relating to these Terms of Use, the use of the Website or any product or service related thereto. Use of the Website is unauthorized in any jurisdiction that does not give effect to all of the terms and conditions in these Terms of Use, including without limitation this paragraph.
GENERAL
You agree that no joint venture, partnership, employment, contractor or agency relationship exists between you and the Firm as a result of these Terms of Use or use of the Website.
The Firm’s performance of these Terms of Use is subject to existing laws and legal process, and nothing in these Terms of Use is in derogation of the Firm’s right to comply with law enforcement or regulatory requests or requirements relating to your use of the Website or information provided to or gathered by the Firm with respect to such use.
If any part of these Terms of Use is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth herein, then the invalid or unenforceable provision shall be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms of Use shall continue in effect.
By reviewing or using the information on the Website after accessing the Website, you represent and warrant that (a) you have the authority to enter into these Terms of Use and create a binding contractual obligation, (b) you understand and intend these Terms of Use to be the legal equivalent of a signed, written contract equally binding, and (c) you will use the information on the Website in a manner consistent with applicable laws and regulations in accordance with these Terms of Use, as the Firm may amend them online or otherwise from time to time. A printed version of these Terms of Use and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based on or relating to these Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
These Terms of Use constitute the entire agreement between you and the Firm with respect to the Website and they supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and the Firm with respect to the Website. Except for these Terms of Use, no statement on the Website constitutes a separate contract, a representation or warranty, an offer to enter into a contract, and no statement by the Firm or on the Website is (or shall be deemed to be) incorporated by implication, reference or otherwise into any contract of the Firm. The only terms and conditions applicable to performance by the Firm are the terms and conditions expressly stated in a separate written agreement executed by the Firm.
No provision of these Terms of Use shall be waived except pursuant to a writing executed by the party against whom the waiver is sought. No failure to exercise, partial exercise of, or delay in exercising any right or remedy under these Terms of Use shall operate as a waiver or estoppel of any right, remedy, or condition. If any provision of these Terms of Use is held invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions will not be affected or impaired. You may not assign, transfer, or sublicense any of your rights or obligations under these Terms of Use without the Firm’s express prior written consent. The Firm will not be responsible for failure to fulfill any obligation due to causes beyond the Firm’s control.
You agree to be bound by any agreement or consent you transmit to or through the Website via any media or electronic device, including internet, telephone and wireless devices.
