TERMS AND CONDITIONS OF USE
Welcome to annuitynexus.com
. This Web site ("this Site" or "our Site") is provided by Beacon Annuity Solutions, LLC. ("Beacon" or "we") as a subscription service to provide our clients ("Subscriber") with access to the Beacon Research Annuity Databases (the "Beacon Data"). Please review the following basic rules that govern Subscriber's use of our Site. Please note that Subscriber's use of our Site constitutes Subscriber's unconditional agreement (this "Agreement") to follow and be bound by these Terms and Conditions of Use. Beacon reserves the right to update or modify these Terms and Conditions of Use at any time without prior notice. Subscriber's subsequent use of our Site following any such change shall require Subscriber's unconditional agreement to follow and be bound by the Terms and Conditions of Use as changed.
By accepting these Terms and Conditions of Use through Subscriber's use of this Site, Subscriber agrees that Subscriber has the legal right and ability to agree to these Terms and Conditions of Use and that Subscriber will use this Site in a manner consistent with these Terms and Conditions of Use.
, which also governs Subscriber's use of annuitynexus.com
When Subscriber visits this Site or send emails or other communications to us, Subscriber is communicating with us electronically. At times we will communicate with Subscriber electronically by email, by posting on this Site or otherwise. Subscriber assents and agrees that all agreements, notices, disclosures and other communications that we provide to Subscriber electronically satisfy any legal requirement that such communications be in writing.
COPYRIGHTS AND TRADEMARKS
Unless otherwise noted, all materials, including images, text, illustrations, designs, icons, photographs, programs, video clips and written and other materials that are part of this Site (collectively, the "Content") are copyrights, trademarks, trade dress and/or other intellectual property owned, controlled or licensed by Beacon or by third parties who have licensed their materials to Beacon and are protected by U.S. and international copyright laws. The compilation (meaning the collection, arrangement, and assembly) of all Content on this Site is the exclusive property of Beacon and is also protected by U.S. and/or international copyright laws.
Beacon and third parties who have Content displayed on this Site expressly reserve all intellectual property rights in all text, programs, products, processes, technology, content and other materials which appear on this Site. Except as otherwise provided by written agreement with Beacon, access to this Site does not authorize anyone to use any name, logo or mark in any manner and does not confer and shall not be considered as conferring upon anyone any license under any of Beacon's or any third party's intellectual property rights. The Beacon name and logos and all related product and service names, design marks and slogans are the trademarks or service marks of Beacon. All other marks are the property of their respective companies.
References on this Site to any names, marks, products or services of third parties or hypertext links to third party Web sites or information are provided solely as a convenience to Subscriber and do not in any way constitute or imply Beacon's endorsement, sponsorship or recommendation of the third party, information, product or service. Beacon is not responsible for the content of any third party Web sites and does not make any representations regarding the content or accuracy of material on such Web sites. If Subscriber decides to link to any such third party Web sites, Subscriber does so entirely at Subscriber's own risk.
Beacon will develop, maintain and update the information included in the Beacon Data as changes occur on a schedule to be determined by Beacon in its discretion. Beacon shall make commercially reasonable efforts to verify information contained in the Beacon Data. Beacon reserves to itself complete editorial freedom in the form and content of the Beacon Data and the Content and may alter the same from time to time.
ACCESS TO THIS SITE
Upon payment of Beacon's subscription fee from time to time in effect, a password, account name or other similar identifier shall be established (individually and collectively, "password") to allow employees of Subscriber (each, a "user") access to the Beacon Data and the Content on the Site. Access to the Site is expressly limited to employees of Subscriber. Subscriber agrees that it shall ensure that each password is kept confidential and not disclosed to unauthorized users and notify Beacon promptly if Subscriber becomes aware of any password being used by a person not authorized by Subscriber to access the Site as provided herein. Further, Subscriber shall promptly notify Beacon of the termination of employment or termination of authorization to access the Site with respect to any person Subscriber authorized to be provided with a password to access the Site.
USE OF THIS SITE
Subscriber shall only use the Site, its Content and the Beacon Data for its own internal purposes by employees of Subscriber in the ordinary course of its business and for general reference in its customary business activities. Subscriber shall not, and shall not permit, the copying, display or distribution to any third parties in any form of the Beacon Data, the Content, or any information contained therein, in whole or in part, without the prior written consent of Beacon, including, but not limited to, the rewriting, quoting, citing or other use of the Beacon Data, the Content, or any information contained therein.
Subscriber shall not use, or permit the use of, the Beacon Data or any Content in violation of any applicable law (including data privacy laws) or in violation of the copyright or other intellectual property rights of Beacon or others. Subscriber shall not rewrite or otherwise use, or permit the rewriting or other use of, the Beacon Data or any Content to create original content for publication without the prior written consent of Beacon. Subscriber shall keep confidential and shall not disclose, or permit the disclosure of, the Beacon Data, the Content or any information contained therein to any third party, other than for the purposes permitted herein, without the prior written consent of Beacon. Subscriber shall cause, and shall take such measures as may be necessary to ensure that, each employee or agent of Subscriber does not use or disclose, or permit the use or disclosure of, the Beacon Data or any Content other than in the manner and to the extent that the Beacon Data and Content may be used and disclosed by Subscriber as provided herein.
Users are prohibited from violating or attempting to violate the security of this Site, including, without limitation, (a) accessing data not intended for such user or logging onto a server or an account which the user is not authorized to access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (c) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to this Site, overloading, "flooding", "spamming", "mail bombing" or "crashing"; (d) sending unsolicited email, including promotions and/or advertising of products or services; or (e) 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. Beacon 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. Subscriber agrees 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. Subscriber agrees, further, not to use, or attempt to use, any engine, software, tool, agent or other device 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 Beacon on this Site and other than generally available third party web browsers (such as Microsoft Explorer).
Subscriber is responsible for the confidentiality and use of any user name, password or other personal identifier Subscriber uses in connection with Subscriber's use of this Site. Subscriber should restrict access of any such user name, password or other personal identifier to only those individuals Subscriber has authorized to access the Site.
USER COMMENTS, FEEDBACK, AND OTHER SUBMISSIONS
All comments, feedback, messages, suggestions, ideas, and other submissions disclosed, submitted or offered to Beacon on or by this Site or otherwise disclosed, submitted or offered in connection with Subscriber's use of this Site, (collectively, the "Comments"), whether through the use of this Site or by communicating directly with Beacon shall be and remain the property of Beacon. We welcome Subscriber's Comments regarding this Site. Such disclosure, submission or offer of any Comments shall constitute an assignment to Beacon of all worldwide rights, titles and interests in all copyrights and other intellectual properties in the Comments. Thus, Beacon 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 Comments. Beacon will be entitled to use, reproduce, disclose, publish and distribute any Comments Subscriber submits for any purpose whatsoever, without restriction and without compensating Subscriber in any way. For this reason, we ask that Subscriber not send us any Comments that Subscriber does not wish to assign to us, including any confidential information or any original creative materials such as product ideas or computer code.
Beacon is and shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay to Subscriber or user any compensation for any Comments; or (3) to respond to any Comments. Subscriber agrees that no Comments submitted by Subscriber to Beacon or in connection with Subscriber's use of this Site will violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary right(s). Subscriber further agrees that no Comments submitted by Subscriber to Beacon or in connection with Subscriber's use of this Site will be or contain libelous or otherwise unlawful, abusive or obscene material. Subscriber is and shall remain solely responsible for the content of any Comments Subscriber or its authorized users makes.
Subscriber represents and warrants that Subscriber owns or otherwise controls all of the rights to the Comments Subscriber posts or otherwise; that the Content of any such Comments is accurate; that use of such Comments does not violate these Terms and Conditions of Use and will not cause injury to any person or entity; and that Subscriber will indemnify Beacon, its successors and assigns for all claims resulting from Comments Subscriber submits.
Notwithstanding the foregoing, all data provided by Subscriber to Beacon will be handled in accordance with Beacon's privacy policies and practices, as the same may be modified from time to time.
ACCURACY OF INFORMATION
The data and other information contained in the Beacon Data and the Content has been obtained from documents and reports provided by insurance companies, financial reporting services, and other resources believed by Beacon to be reliable; however Beacon makes no representations, warranties or guarantees with respect to the accuracy, validity or completeness of such data or other information and Subscriber acknowledges and agrees that such data and other information may be incomplete or inaccurate. Beacon is not making any offer or solicitation to buy or sell any of the products or securities referred to herein or in the Beacon Data. Subscriber acknowledges that a reference to a fund, annuity or security included in the Beacon Data is not a recommendation to buy, sell or hold that, or any other, security. Beacon and any of its affiliates and/or their officers and Beacon's third party suppliers may or may not be interested in or have investments in any of the funds or securities described in the Beacon Data.
Subscribe agrees to defend, indemnify and hold Beacon, its successors and assigns harmless from and against any and all claims, damages, costs and expenses, including attorneys' fees, incurred or suffered by Beacon arising from or related to Subscriber's use of this Site or any Web site accessed from this Site.
The Agreement between Subscriber and Beacon reflected by these Terms and Conditions of Use is effective unless and until terminated by either Subscriber or Beacon. Subscriber may terminate this Agreement at any time, provided that Subscriber discontinues any further use of this Site. In the event of the termination of this Agreement by Subscriber, subscription fees shall not be prorated for the unexpired term of the subscription. Beacon may also terminate this Agreement at any time and may do so immediately without notice, and accordingly, deny Subscriber access to this Site, if in Beacon's sole discretion, Beacon determines that Subscriber has failed to comply with any term or provision of this Agreement. In addition, Beacon may terminate this Agreement for convenience upon sixty (60) days advance notice to Subscriber. In the event of the termination of this Agreement by Beacon for convenience, subscription fees shall be prorated for the unexpired term of the subscription and such prorated subscription fee shall be refunded to Subscriber within thirty (30) days following the date of termination.
THIS SITE IS PROVIDED BY BEACON ON AN "AS IS" AND "AS AVAILABLE" BASIS. BEACON MAKES NO, AND TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, DISCLAIMS ANY, REPRESENTATIONS, WARRANTIES, CONDITIONS OR GUARANTIES AS TO MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, ACCURACY OR COMPLETENESS OF INFORMATIONAL CONTENT, ABSENCE OF VIRUSES OR DAMAGING OR DISABLING CODE, OR OTHER REPRESENTATIONS, WARRANTIES, CONDITIONS OR GUARANTIES, WHETHER EXPRESS OR IMPLIED, IN LAW OR IN FACT, ORAL OR IN WRITING. SUBSCRIBER HEREBY ACKNOWLEDGES THAT IT HAS NOT RELIED UPON ANY REPRESENTATION, WARRANTY, CONDITION OR GUARANTY MADE BY BEACON EXCEPT AS SPECIFICALLY SET FORTH IN THIS AGREEMENT. SUBSCRIBER ACKNOWLEDGES, BY ITS USE OF THIS SITE, THAT SUBSCRIBER'S USE OF THIS SITE IS AT SUBSCRIBER'S SOLE RISK.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL OR EQUITABLE THEORY, WHETHER IN TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE, SHALL BEACON OR ANY OF ITS EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, VENDORS OR SUPPLIERS, DISTRIUBTORS OR LICENSORS BE LIABLE TO SUBSCRIBER OR TO ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES OF ANY NATURE ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE THIS SITE, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, BUSINESS INTERRUPTION, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF AN AUTHORIZED REPRESENTATIVE OF BEACON HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL BEACON BE LIABLE FOR ANY DAMAGES IN EXCESS OF FEES PAID BY SUBSCRIBER IN CONNECTION WITH SUBSCRIBER'S USE OF THIS SITE DURING THE SIX MONTH PERIOD PRECEDING THE DATE ON WHICH THE CLAIM AROSE.
This Agreement, as reflected in these Terms and Conditions of Use represents the complete agreement between Subscriber and Beacon with respect to the subject matter contained in these Terms and Conditions of Use and supersedes all prior agreements and representations between Beacon and Subscriber with respect to the subject matter contained in these Terms and Conditions of Use. If any provision of this these Terms and Conditions of Use 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 these Terms and Conditions of Use shall remain in full force and effect. The failure of Beacon to act with respect to a breach of these Terms and Conditions of Use by Subscriber or others does not constitute a waiver and shall not limit Beacon's rights with respect to such breach or any subsequent breaches. This Agreement shall be governed by and construed under the laws of the State of Illinois as such law applies to agreements between Beacon and residents of the State of Illinois entered into and to be performed within the State of Illinois. Any action or proceeding arising out of or related to this Agreement or Subscriber's use of this Site must be brought in the state or federal courts situated in Chicago, Illinois.