TERMS AND CONDITIONS OF USE
Bankers Life and Casualty Company (“Bankers Life”) owns and operates the BANKERSLIFE.COM site (“Site.) The following Terms and Conditions of Use (“Terms”) govern and control your use of the Site. By using the Site, you signify your agreement to these Terms without limitation or qualification. Please read these Terms carefully before using the Site. Bankers Life may at any time revise these Terms without notice to you. By visiting the Site subsequent to any revisions to these Terms, you are bound by any such revisions and should therefore periodically visit this page to review the then current Terms to which you are bound. If you do not agree to these Terms, you are not authorized to use the Site. Other websites may have their own terms and conditions, and you should consult those accordingly. Bankers does not represent that the Site is completely accurate, and therefore any reliance on the Site by you is done at your own risk.
The Site is intended for users 18 years of age and older. You represent you are 18 years of age or older by accessing the Site.
The purpose of the Site is to provide information to you on Bankers Life’s products and services. You agree that you will only use the Site for personal use, and not for any other commercial venture without first seeking approval from Bankers Life.
DISCLAIMER OF WARRANTIES
YOUR USE OF THE SITE IS AT YOUR OWN RISK. THE SITE AND ANY MATERIALS OR PRODUCTS/SERVICES ON OR PROMOTED THROUGH THE SITE ARE PROVIDED "AS IS" AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND ( EXPRESSED, IMPLIED, STATUTORY, OR OTHERWISE) INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. BANKERS MAKES NO EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS, OR ENDORSEMENTS WHATSOEVER WITH RESPECT TO THE SITE OR ANY PRODUCTS/SERVICES PROMOTED ON THE SITE, AND ALL SUCH WARRANTIES ARE EXPRESSLY DISCLAIMED. BANKERS LIFE DOES NOT WARRANT THAT THE SITE OR MATERIALS ON THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE, ACCURATE, COMPLETE, CORRECTED IF DEFECTIVE, OR THAT THE SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. BANKERS LIFE DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS ON THE SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT BANKERS LIFE ) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION IN THE EVENT YOU EXPERIENCE ANY LOSS OR DAMAGE ARISING FROM THE USE OF THE SITE.
LINKS TO OTHER SITES CAN BE ACCESSED THROUGH THE SITE. SUCH EXTERNAL INTERNET ADDRESSES CONTAIN INFORMATION CREATED, PUBLISHED, MAINTAINED OR OTHERWISE POSTED BY ORGANIZATIONS INDEPENDENT OF BANKERS LIFE . BANKERS LIFE DOES NOT
ENDORSE, APPROVE, OR CERTIFY ANY INFORMATION, PRODUCT OR SERVICE REFERENCED OR PROVIDED AT SUCH ADDRESSES.
LIMITATION OF LIABILITY
WHILE BANKERS LIFE USES REASONABLE EFFORTS TO INCLUDE ACCURATE AND UP-TO-DATE INFORMATION ON THE SITE, ERRORS OR OMISSIONS MAY OCCUR. BANKERS LIFE MAKES NO WARRANTIES OR REPRESENTATIONS AS TO THE ACCURACY OF THE SITE. UNDER NO CIRCUMSTANCES INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE BY ACT OR OMISSION, SHALL BANKERS LIFE, INCLUDING ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS, LICENSORS, REPRESENTATIVES, ATTORNEYS, AND BUSINESS PARTNERS, OR ANY PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE, BE LIABLE FOR ANY DAMAGES, INCLUDING BUT NOT LIMITED TO, DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL, ACTUAL, EXEMPLARY, OR PUNITIVE, INCLUDING LOSS OF REVENUE OR INCOME, PAIN AND SUFFERING, AND/OR EMOTIONAL DISTRESS, THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE SITE, MATERIALS ON THE SITE, AND/OR ANY PRODUCTS/SERVICES PROMOTED ON THE SITE, EVEN IF BANKERS LIFE OR A BANKERS LIFE AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. THE LIMITATION ON LIABILITY WILL APPLY TO THE GREATEST EXTENT ALLOWED UNDER THE LAW. IN NO EVENT SHALL BANKERS’ OR ITS OFFICERS’, DIRECTORS’, EMPLOYEES’, AFFILIATES’, AGENTS’, LICENSORS’, REPRESENTATIVES’, ATTORNEYS’, AND BUSINESS PARTNERS’ ' TOTAL AND COLLECTIVE LIABILITY TO YOU, REGARDLESS OF THE TYPE OF ACTION, FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION, EXCEED THE GREATER OF $100 OR AMOUNT PAID BY YOU FOR ACCESSING THE SITE.
BANKERS LIFE ASSUMES NO RESPONSIBILITY AND SHALL NOT BE LIABLE FOR ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING IN THE SITE OR YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO, OR AUDIO FROM THE SITE.
RESTRICTIONS ON USE OF MATERIALS
The Site is owned and operated by Bankers Life. Permission is granted to display and navigate around the Site with a computer using HTML browser software, solely for personal, non-commercial use. Any commercial or public use of the Site or any portion hereof is strictly prohibited.
Certain elements of Site, including but not limited to, text, graphics, photos, images, video, audio, color selections, organization and layout, are copyright protected under United States and international copyright laws and treaty provisions. Unless otherwise stated, Bankers Life owns the copyright in such elements. Except as otherwise permitted by Bankers Life, no copyright protected materials from the Site owned, operated, licensed or controlled by Bankers Life may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way. You may download material displayed on the Site for non-commercial, personal use only provided you also retain all copyright and other proprietary notices contained on the materials. You may not distribute, modify, transmit, reuse, repost, or use the content of the Site for public or commercial purposes, including the text, images, audio, and video, without Bankers Life ' written permission. Bankers Life neither warrants nor represents that your use of materials displayed on the Site will not infringe rights of third parties not owned by or affiliated with Bankers Life.
There may be other content located on the Site not owned by Bankers Life, and you should respect those property rights as well. All rights not expressly granted herein are reserved to Bankers Life.
The Site is controlled and operated by Bankers Life from its offices within the State of Illinois, United States of America. The Site is intended for users within the United States. Bankers Life makes no representation that materials or goods/services on the Site are appropriate or available for use in countries or territories outside of the United States. Those who choose to access the Site from other locations outside of the United States do so on their own initiative, at their own risk, and are responsible for compliance with local laws.
Some insurance products may not be available in all states.
TRADEMARKS/SERVICE MARKS AND COPYRIGHTS
Images displayed on the Site are either the property of, or used with permission by, Bankers Life. The use of these images by you, or anyone else authorized by you, is prohibited unless specifically permitted herein. Any unauthorized use of the images may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.
Unless otherwise noted, all trademarks, service marks, trade names, logos, and icons appearing on the Site are proprietary to CDOC, Inc., a related Bankers Life company, and are used by permission. Nothing contained on the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark or service mark displayed on the Site without the written permission of Bankers Life or such third party that may own the trademarks or service marks displayed on the Site. Your use of the trademarks or service marks displayed on the Site, or any other content on the Site, except as provided herein, is strictly prohibited.
Inquiries concerning use of Bankers Life trademarks, service marks, trade names, logos, icons, copyrights or other intellectual property should be addressed to CNO Financial Group, Inc.,
Legal Department (J1J), 11825 N. Pennsylvania Street, Carmel, Indiana 46032, United States of America.
All trademarks, service marks, trade names and logos used by Bankers Life on the Site are used by permission, owned by CDOC, Inc., and may be registered trademarks or service marks of CDOC, Inc.
CDOC and Bankers Life are very protective of our trademarks and service marks. If they have not been registered with the United States Patent and Trademark Office, then there may be applications pending. All use of these marks must be with CDOC’s or Bankers Life’s permission. CDOC and/or Bankers Life may file appropriate legal actions to enjoin the unauthorized use of these marks.
COPYRIGHT INFRINGEMENT NOTIFICATION
If you believe that any content on the Site infringes your copyright and you want the content removed from the Site, please send a detailed message (under the Digital Millennium Copyright Act, the following information must be included in the message) to Bankers Life’ designated agent for notice of claims of copyright infringement:
(i). A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (ii). Identification of the copyrighted work claimed to have been infringed, or, if multiple works at a single online site are covered by a single notification, a representative list of such works at that site; (iii). Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit Bankers Life to locate the material; (iv). Information reasonably sufficient to permit Bankers Life to contact you as the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted; (v). A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (vi). A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Bankers Life’s Designated Agent is: Erin Loniello, 303 E. Wacker Drive, Suite 500, Chicago, IL 60601, telephone: (312) 696-6000, fax: (312) 396-5975, and email: firstname.lastname@example.org.
Bankers Life reserves the right to terminate any Site user for repeat copyright infringement. If you believe that any content on the Site violates or infringes your intellectual property rights, other than related to copyright, please send a detailed email to MarketingServices@banklife.com detailing your allegation. Bankers Life takes infringement of intellectual property rights seriously and will investigate the matter.
The Site contains references to and information about Bankers Life products and services. Availability of such products and/or services may be limited by Bankers Life and therefore no representations or warranties are made with respect to the availability of such products or services.
THIRD PARTY LINKS AND OTHER SITE INTERACTION
Any communications or material you transmit to the Site by electronic mail or otherwise, including data, questions, comments, or suggestions, will be treated as non-confidential and nonproprietary. You agree that Bankers Life has a royalty-free, perpetual, irrevocable, worldwide, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display any communications or material you transmit to the Site for the purpose of operating and/or marketing the Site, Bankers Life’ business, or any related products or services offered through the Site. This license includes any right of publicity rights that may be present in the communications or materials. Furthermore, Bankers Life is free to use, without obtaining any permission from you nor owing any royalty to you, any ideas, concepts, know-how, or techniques contained in any communication you send to the Site for any purpose whatsoever including, but not limited to, developing and marketing products using such information.
You further agree that you will not upload or transmit to the Site any content that infringes the rights, including but not limited to, intellectual property, privacy, publicity, or contract of some other person or entity. You shall be solely liable for any damages, royalties, or fees resulting from any infringement of rights or any other harm resulting from any content you upload/transmit. You further represent and warrant that: (i) you own all right, title, and interest, including the intellectual property rights, to any content uploaded/transmitted by you to the Site or you have been granted the right by the owner to upload/transmit the content; and (ii) your content does not violate the intellectual property rights, privacy rights, publicity rights, contract rights or any other rights of any person or entity. Bankers Life reserves the right to comply and cooperate with any and all legal requirements, legal authorities, and/or law enforcement agencies regarding the investigation of, or request to disclose, information related to your content. By accepting these Terms, you waive and hold harmless Bankers Life from any claims resulting from any action taken by Bankers Life during or as a result of Bankers Life’ investigation and/or from any actions taken as a consequence of investigations by either Bankers Life or law enforcement.
Please note that Bankers Life does not accept unsolicited content or ideas you may attempt to transmit to Bankers Life directly. As such, Bankers Life takes no responsibility for such transmitted content or ideas. If you do send Bankers Life unsolicited content or ideas, you agree that Bankers Life may use such content and ideas in any way Bankers Life wishes without any compensation to you.
BANKERS LIFE SMS/TEXT MESSAGE TERMS & CONDITIONS
Bankers Life permits its insurance agents to communicate with you through a registered text messaging service, subject to the terms and conditions herein. Your insurance agent controls the frequency and content of the text messages you may receive pursuant to this program. If you elect to communicate with your insurance agent via text message, you must first agree to receive text messages from that insurance agent by replying “YES” to an opt-in text message sent by your insurance agent. Do not communicate with your insurance agent via text message if you have not received this opt-in text message and replied “YES”. You may opt out of receiving text messages from your insurance agent at any time. To opt out, send a text message to your insurance agent with the word “STOP” in the body of the text message.
In connection with your access and/or use of the Site or any Site goods or services, you agree not to: violate any federal, state, or local laws or regulations; upload/transmit anything that imposes an unreasonable or disproportionately large strain on Bankers Life’ network or computer infrastructure; engage in any behavior that is designed to hack into or gain unauthorized access to protected areas of the Site and/or Bankers Life’ computers, servers or networks, and/or any computers or systems used by other users of the Site; upload/transmit anything that could destroy, damage, or impair any portion of the Site or any computers, systems, hardware, or software used by Bankers Life or other users; make unauthorized attempts to modify any information stored on the Site; make attempts to defeat or circumvent security features, or to utilize the Site for any other purpose other than its intended purposes; violate the legal rights (such as rights of intellectual property, privacy and publicity) of others; use any automated technology such as a robot, spider, or scraper to access, scrape, or data mine the Site; use the Site to send spam or unsolicited bulk email; and/or provide false or misleading information when uploading/transmitting information to the Site.
The previous list of prohibitions is not exclusive. Bankers Life reserves the right to terminate your access to the Site or any Site goods or services for any reason. By accepting these Terms, you waive and hold harmless Bankers Life from any claims resulting from any action taken by Bankers Life during or as a result of Bankers Life’ investigation and/or from any actions taken as a consequence of investigations by either Bankers Life or law enforcement related to your use of the Site.
You agree to indemnify, defend and hold harmless Bankers Life, including its officers, directors, employees, affiliates, agents, licensors, representatives, attorneys, and business partners (“Indemnified Parties”), from and against any and all claims, demands, losses, costs, damages, liabilities, judgments, awards, and expenses (including attorneys' fees, costs of defense, and direct, indirect, punitive, special, individual, consequential, or exemplary damages) Bankers Life or any of the Indemnified Parties suffer in relation to, arising from, or for the purpose of avoiding, any claim or demand from a third party that relates to your use of the Site and/or any Site goods or services, your breach of these Terms, or any violation of an applicable law or regulation by you. Your indemnification obligation shall survive the termination of these Terms.
Any and all disputes relating to these Terms, the Site, and/or any goods or services offered on or through the Site, are governed by, and will be interpreted in accordance with, the laws of the State of Illinois, without regard to any conflict of law provisions. You hereby irrevocably and unconditionally consent to submit to the exclusive jurisdiction of the courts of the State of Illinois (USA) for any litigation arising out of or relating to the use of the Site, waive any objection to the venue of any such litigation in the State of Illinois courts, and agree not to plead or claim in any State of Illinois court that such litigation brought therein has been brought in an inconvenient forum.
If any part of these Terms is determined by a court of competent jurisdiction to be invalid or unenforceable, it will not impact any other provision of these Terms, all of which will remain in full force and effect.
These Terms constitute the entire agreement of the parties with respect to the Site and supersede all prior communications, promises and proposals, whether oral, written, or electronic, between you and Bankers Life, with respect to the Site.
If you violate any portion of these Terms, Bankers Life reserves the right, without an obligation to do so, to deny you access to the Site.
Bankers Life' failure to enforce any portion of these Terms is not a waiver of such portion.
The proprietary rights, disclaimer of warranties, representations made by you, indemnities, and limitations of liability shall survive the termination of these Terms.
Bankers Life reserves the right, without notice and reason, to take down or terminate the Site. You agree that Bankers Life is not liable to you or any other third party for this action.
Bankers Life does not assume any liability or responsibility for your use of the Internet or the Site including, but not limited to, any change your computer or related systems may sustain as a result of accessing the Site.
You are free to text link to the Site so long as there is nothing deceptive or infringing about the link. Bankers Life may revoke this linking permission at any time and for any reason.
Certain software elements of the Site and related Site goods/services may be subject to U.S. export laws and controls. As such, no software may be downloaded or exported to any country or foreign citizen that is under a U.S. embargo or that would otherwise violate U.S. law or regulations.
If you need to contact Bankers Life for any reason not already specified in these Terms, please use the following contact information: by mail - Bankers Life, Attn: Marketing Services, 303 E. Wacker Drive, Suite 500, Chicago, IL 60601 or by telephone (312) 396-6000.