THE FOLLOWING TERMS AND CONDITIONS GOVERN YOUR USE OF THE LIFE HAPPENS PRO PLATFORM AND THE MATERIALS MADE AVAILABLE THROUGH THE PLATFORM (COLLECTIVELY, THE “SERVICE”). PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY BEFORE ACCESSING THE SERVICE. IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, YOU ARE NOT GRANTED PERMISSION BY LIFE HAPPENS TO ACCESS OR OTHERWISE USE THE SERVICE. BY PROCEEDING TO ACCESS THE SERVICE, YOU ACCEPT AND AGREE TO BE LEGALLY BOUND BY THESE TERMS.
The Life Happens Pro User Agreement
Terms and Conditions
By accessing, viewing, or using Service, You indicate that You understand and intend these Terms and Conditions to be the legal equivalent of a signed, written contract and equally binding, and that You accept such Terms and Conditions and agree to be legally bound by them. Please note that Life Happens reserves the right to change the Terms and Conditions under which the Service is extended to You. Your continued use of the Service following such modifications will be conclusively deemed acceptance by You of any changes to these Terms and Conditions.
I. License Grant
This Agreement provides You with a personal, revocable, nonexclusive, nontransferable license to use the Service conditioned on Your continued compliance with the Terms and Conditions of this Agreement. You may print, download, embed and personalize the materials on the platform for your personal business use, provided that: (1) You do not revise or replace the content (including, but not limited to narrative, graphic, video, audio and photographic content) in the materials beyond the customization capabilities of the platform; and (2) all materials contain all copyright, other applicable notices and disclaimers contained in such materials. As a further condition of use of the Service, You warrant to Life Happens that: (1) You have obtained all necessary approvals from your company to use the materials made available through the platform; and (2) You will not use this Service for any purpose that is unlawful or otherwise prohibited by these Terms and Conditions.
II. Intellectual Property Rights
All materials contained on this platform, unless otherwise indicated, are protected by law including, but not limited to, United States copyright and trademark law, as well as other state, national, and international laws and regulations. Except as expressly provided herein, Life Happens does not grant any express or implied right to You.
III. Disclaimer of Warranty and Limitation of Liability
Use of the Service is entirely at Your own risk and is subject to all applicable state, national and international laws and regulations. THE SERVICE AND ALL MATERIALS ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON INFRINGEMENT. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to You.
LIFE HAPPENS, ITS OFFICERS, DIRECTORS, EMPLOYEES, VOLUNTEERS AND AGENTS SHALL NOT BE LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, OR PUNITIVE DAMAGES, WHETHER UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR IN CONNECTION WITH: (A) YOUR ACCESS TO, OR USE OF, THE SERVICE; (B) ANY PRODUCTS, SERVICES, INFORMATION, ACTIVITIES, AND/OR MATERIALS AVAILABLE ON OR THROUGH THE SERVICE; (C) ANY BREACHES OF SECURITY INVOLVING THE SERVICE OR YOUR ACCOUNT, OR ANY LACK OF AVAILABILITY OR OPERATIONAL PROBLEM OF, THE SERVICE; OR (D) ANY VIRUSES OR OTHER CODE THAT MAY AFFECT YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY AS A RESULT OF YOUR USE OF THE SERVICE. Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages. In such jurisdictions, our liability is limited to the greatest extent permitted by law.
IV. Code of Conduct
You agree not to do the following:
(1) Restrict or inhibit any other user from using and enjoying the Service. This includes, without limitation: (a) using, or attempting to use, any account without the owner’s permission, (b) obtaining or soliciting another person’s password or other personal information under false pretenses, or (c) impersonating another user or otherwise misrepresenting Yourself to Life Happens, the Service’s systems, or other entities.
(2) Interfere (or attempt to interfere) with the operation of the Service. This includes, without limitation, (a) interfering with, defeating, or circumventing any security function of the Service, or attempting to do so, or (b) accessing, or attempting to access, any portion of the Service that You are not authorized to access. Unauthorized access (or attempts) may subject You to civil and/or criminal penalties.
(3) Use the Service to post, store, or transmit any information or software that contains a virus, worm, Trojan horse, or other harmful or disruptive component.
(4) Use the Service for any unlawful purposes.
(5) Modify, adapt, sublicense, translate, resell, retransmit, reverse engineer, decompile or disassemble any portion of the Service.
V. Term and Termination
Your subscription to use the Service shall automatically renew at the end of each billing cycle unless terminated by You or Life Happens.
(1) By You. If you terminate the Service in the middle of a billing cycle, you will not receive a refund for any period of time you did not use in that billing cycle unless a refund is required by law.
(2) By Life Happens. Life Happens reserves the right at any time and for any reason to deny You access to the Service or any portion thereof, and to terminate this Agreement. Termination will be effective without notice.
Upon termination of this Agreement and/or your subscription to use the Service for any reason, You shall immediately cease all use of the materials You downloaded or are otherwise using from the platform.
VII. Password Policy
Your use of the Service requires a password. Anyone with knowledge of Your password can gain access to the Service and the materials and information available to You. Accordingly, You must keep Your password secret. By agreeing to these Terms and Conditions, You agree to be solely responsible for the confidentiality and use of Your password. You should immediately notify Life Happens if You become aware of any loss or theft of Your password or any unauthorized use of Your password.
You agree to defend, indemnify, and hold harmless Life Happens and all of its directors, officers, employees, agents, and respective successors and assigns, from and against any and all claims, proceedings, damages, injuries, liabilities, losses, costs, and expenses (including reasonable attorneys’ fees and litigation expenses), relating to or arising from Your use of the Service (including the materials made available to you through Service), any breach by You of this Agreement, or any other matter for which You are responsible hereunder or under law.
Failure to insist on strict performance of any of the Terms and Conditions of this Agreement will not operate as a waiver of any subsequent default or failure of performance. No waiver by Life Happens of any right under these Terms and Conditions will be deemed to be either a waiver of any other right or provision or a waiver of that same right or provision at any other time.
X. Governing Law & Dispute Resolution
Any disputes arising in connection with these Terms and Conditions shall be resolved in the state or federal courts serving Arlington, Virginia. The validity, construction, and performance of these Terms and Conditions Agreement shall be construed in accordance with the laws of the Commonwealth of Virginia.
If any part of these Terms and Conditions is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and the liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most clearly matches the intent of the original provision and the remainder of these Terms and Conditions shall continue in effect.
XII. No Agency
Life Insurance Awareness Month Materials User Agreement
Terms and Conditions
These materials are being provided to the insurance industry by Life Happens, a nonprofit organization, in support of Life Insurance Awareness Month in September 2019. The following terms and conditions govern your use of the materials. Please read the following terms and conditions carefully before using the materials. If you do not agree with these terms and conditions, you are not granted permission by Life Happens to use these materials. By proceeding to use the materials, you accept and agree to be legally bound by these terms and conditions.
By accepting and using these materials featuring Life Happens spokesperson Brooke Shields ("Spokesperson") in connection with promotion of Life Insurance Awareness Month, you agree to the following:
- You will not use these materials or Spokesperson’s likeness in connection with any co-promotions and/or commercial tie-ins and/or co-branded materials for products or services.
- You will not use Spokesperson’s likeness in any tags.
- You will not use these materials in a way that appears or makes it appear as if Spokesperson is endorsing your company, agents, advisors and/or any of their products and/or services.
- You will comply with, maintain and not alter in any way the inclusion of the disclaimer (Disclaimer Language), shared below, as printed on the materials.
- Disclaimer Language: "Brooke Shields is a national spokesperson for Life Insurance Awareness Month 2019, and her services were retained by Life Happens. She does not endorse any insurance company, product or advisor. Life Happens does not endorse any insurance company, product or advisor."
- You will be required to take down and cease all use of these materials and/or of Spokesperson’s likeness by no later than 11:59 PM on December 31, 2019 or if notified earlier by Life Happens.
- You will only use these materials in e-mail marketing for the purpose of announcing Spokesperson’s role in the Life Insurance Awareness Month program and promoting Life Insurance Awareness Month and use will only be as follows:
- In e-mail marketing sent to pre-existing marketing lists and not to any e-mail lists acquired after May 13, 2019, whether purchased by bulk mailing list purchase or otherwise;
- In industry-focused pre-approved e-mail marketing sent to industry contacts;
- In either of these instances, the aforementioned Disclaimer Language shall be included unedited in its entirety.
- You are not authorized to state that Spokesperson endorses yours or any company, agent, advisor or any of their products and/or services.
- You will indemnify, defend, and hold LIFE Happens, its directors, committee members, officers, employees, members, representatives, agents, successors and assigns harmless from and against any and all loss, liability, damage, claim, suit, demand and expense (including attorney’s fees) in connection with your breach of any of the above terms and conditions.