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These terms of use apply to the entire
group of Web sites owned, operated, licensed, or controlled by LiDAC
Life/Disability Administrative Consultants, Inc. (sometimes
hereinafter referred to as "LiDAC"). Please read these terms and
conditions carefully before using this Web site. By using this Web
site or any other site owned, operated, licensed, or controlled by
LiDAC, you signify your assent to these terms of use.
If you do not agree to these terms of
use, you may not access or otherwise use the site. LiDAC reserves the
right, at its discretion, to change, modify, add, or remove portions
of these terms at any time. Please check these terms periodically for
changes. Your continued use of this site or any other LiDAC Web site
following the posting of changes to these terms will mean you accept
those changes.
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Jurisdiction |
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The Web pages of
LiDAC are directed towards individuals and entities located in
the United States only. LiDAC does not solicit or conduct
business outside of the United States and LiDAC makes no
representation that the information or other Content (as
defined below) is appropriate or available in other locations.
Those who access any LiDAC Web site from other locations are
responsible for compliance with local laws, if and to the
extent local laws are applicable. The insurance coverages and
services of the companies of LiDAC may not be available in all
states. |
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Coverage
Descriptions and Services |
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The Web pages of
LiDAC may provide a general description of certain types of
insurance coverages and services available through the
companies of LiDAC. These descriptions are not a part of an
insurance contract, policy, or certificate and do not amend,
revise or alter the terms of any contract, policy or
certificate issued through or services provided by the
companies of LiDAC. |
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Separate Agreements |
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You may have other
agreements with the companies of LiDAC. Those agreements are
separate and in addition to these terms of use. These terms of
use do not modify, revise or amend the terms of any other
agreements you may have with the companies of LiDAC. |
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Disclaimer of Warranty |
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THIS WEB SITE,
INCLUDING, BUT NOT LIMITED TO, ALL DATA, TEXT, SOFTWARE,
FUNCTIONS, MUSIC, SOUND, GRAPHICS, PHOTOGRAPHS, VIDEO,
MATERIALS AND INFORMATION MADE AVAILABLE OR ACCESSED THROUGH
THIS WEB SITE AND IN THE OTHER SITES OF LiDAC (THE "CONTENT")
ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT
WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. FURTHER,
LiDAC AND ITS SUBSIDIARIES AND AFFILIATES DISCLAIM ALL
WARRANTIES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES
OF TITLE, UNINTERRUPTED OR ERROR FREE SERVICE, IMPLIED
WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS
FOR A PARTICULAR PURPOSE. SOME JURISDICTIONS DO NOT ALLOW
DISCLAIMER OF EXPRESS OR IMPLIED WARRANTIES, SO THIS
DISCLAIMER MAY NOT APPLY TO YOU. |
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User Restrictions |
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You may download
and make one (1) copy of insignificant portions of the Content
retrieved from this Web site or other downloadable materials
displayed on it, provided (a) it is used only for
informational purposes, (b) you do not remove, modify, or
obscure the copyright notice or other notices. Except as
expressly provided above, no part of this Web site, including,
but not limited to, materials retrieved therefrom and the
underlying code, may be reproduced, republished, copied,
transmitted, or distributed in any form or by any means. In no
event shall materials from this Web site be stored in any
information storage and retrieval system without prior written
permission from LiDAC.
The Content is presented for
informational purposes only. LiDAC MAKES NO WARRANTY OF ANY
KIND AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THIS
WEB SITE, OR AS TO THE ACCURACY, COMPLETENESS, CURRENCY,
RELIABILITY OR CONTENT OF ANY INFORMATION OR MATERIAL PROVIDED
BY OR THROUGH THIS WEB SITE. THE ENTIRE RISK AS TO THE
QUALITY, ACCURACY, ADEQUACY, COMPLETENESS, CURRENCY,
CORRECTNESS, OR VALIDITY OF ANY INFORMATION OR MATERIAL
PROVIDED BY OR THROUGH THIS WEB SITE RESTS WITH YOU.
All Content contained on any Web page owned, operated,
licensed or controlled by LiDAC is distributed with the
understanding that the authors, publishers and distributors
are not rendering legal, accounting or other professional
advice or opinions on specific facts or matters and
accordingly make no guarantees and assume no liability
whatsoever in connection with its use. Consult your own legal
or tax advisor with respect to your personal situation. |
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Disclaimer of Liability |
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IN NO EVENT SHALL
LiDAC BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL
OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH
THE USE OF, OR THE INABILITY TO USE, THIS WEB SITE, INCLUDING,
WITHOUT LIMITATION, THE CONTENT OR FOR ANY ERRORS CONTAINED
THEREIN. THIS DISCLAIMER OF LIABILITY INCLUDES, BUT IS NOT
LIMITED TO, ANY FAILURE OF PERFORMANCE, ERROR, OMISSION,
INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR
TRANSMISSION OR DELIVERY, COMPUTER VIRUS, COMMUNICATION LINE
FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO,
ALTERATION OF, OR USE OF RECORDS, PROGRAMS OR FILES, WHETHER
FOR BREACH OF CONTRACT TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER
ANY OTHER CAUSE OF ACTION. SOME JURISDICTIONS DO NOT ALLOW THE
EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL
DAMAGES, SO THIS EXCLUSION AND LIMITATION MAY NOT APPLY TO
YOU. |
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Intellectual Property |
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This Web site is
protected by copyright as a collective work and/or
compilation, pursuant to U.S. copyright laws, international
conventions and other laws. Unless otherwise indicated, the
Content, including, but not limited to, graphic images,
buttons, layout, trademarks, logos, text, and other materials
contained in this Web site and in the other sites of LiDAC are
the exclusive property of LiDAC and/or its related, affiliated
and subsidiary companies, or its third party licensors. This
information is for the personal viewing of visitors to the Web
site and may not be used, copied, modified, republished,
transmitted, distributed, or otherwise exploited, in whole or
in part, without the prior written consent of LiDAC or its
related, affiliated and subsidiary companies. Any third party
components or materials of this Web site that are used by
LiDAC with permission, may not be used by you without written
consent of the owner. |
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Hyperlinks |
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LiDAC and its
related, affiliated and subsidiary companies cannot guarantee
that the hyperlinks, pointers, or other linking functions set
out on the LiDAC sites will be accurate at the time of your
access. Moreover, the sites pointed at by hyperlinks are
developed and possibly maintained by persons over whom LiDAC
and/or its related, affiliated and subsidiary companies have
no control. Such links do not constitute an endorsement of any
third party resources or content. We cannot and do not monitor
the sites linked to our pages on the Internet. Accordingly,
LiDAC and/or its related, affiliated and subsidiary companies
assume no responsibility or liability for the content of any
sites referenced by any hyperlink, or otherwise. LiDAC and/or
its related, affiliated and subsidiary companies believe that
their making hyperlinks available to publicly accessible Web
pages and newsgroups is legally permissible and consistent
with the common, customary expectations of those who make use
of the Internet. You may not provide hyperlinks to this Web
site without prior written permission from LiDAC. |
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Data Protection |
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LiDAC and/or its
related, affiliated and subsidiary companies are not obligated
to monitor any transmission made through their respective Web
pages. However, LiDAC and/or its related, affiliated and
subsidiary companies have the right, but not the obligation,
to monitor any transmission made to and from this Web site.
LiDAC and/or its related, affiliated and subsidiary companies
may reproduce, use, distribute or disclose information
transmitted by you to this Web site or collected through your
use of this Web site, without limitation, including any ideas,
concepts, know-how or techniques contained in the information.
You acknowledge that such information shall be deemed to be
non-confidential and that your communication may be read or
intercepted by others. You acknowledge that no obligation of
any kind shall be attached to such information and that by
transmitting information to or by means of the Web site, no
confidential, fiduciary, contractually implied or other
relationship is created between you and LiDAC |
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Software Quality |
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LiDAC and/or its
related, affiliated and subsidiary companies do not warrant
that any information, software or other material accessible
through one of their Web pages is free of defects, viruses,
worms, Trojan horses or other harmful components. |
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Objectionable Information and Materials |
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When accessing or
making use of any service provided on the Web pages of LiDAC
you may not:
post or transmit any unlawful, threatening, abusive, libelous,
defamatory, obscene, pornographic, profane, or otherwise
objectionable information of any kind, including without
limitation, any transmissions constituting or encouraging
conduct that would constitute a criminal offense, give rise to
civil liability, or otherwise violate any local, national or
international law, including without limitation, the U.S.
export control laws and regulations;
post or transmit any information or software which contains a
virus, worm, Trojan horse or other harmful component; restrict
or inhibit any other user from using and enjoying the Web
site; post, publish, transmit, reproduce, distribute or in any
way exploit any information, software or other material
obtained through our Web pages for commercial purposes (other
than expressly permitted by the provider of such information,
software or other material); or
upload, post, publish, transmit, reproduce or distribute in
any way, information, software or other material obtained
through our Web pages which is protected by copyright, or
other proprietary right, or derivative works with respect
thereto, without obtaining permission of the copyright owner
or rightholder, or upload, post, publish, reproduce, transmit
or distribute in any way any component of our Web pages
themselves or derivative works with respect thereto, except
where expressly permitted in writing. |
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Termination |
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LiDAC may
terminate the right of any user to access this Web site at any
time, with or without cause, in LiDAC’s absolute discretion
and without notice. Any statement in these terms or elsewhere
on this Web site of specific grounds for termination of a
user's right to access this Web site shall in no manner limit
LiDAC’s absolute right to terminate any user's access to this
Web site under this section. |
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Severability and
Governing Law |
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The laws of the
State of New York shall govern all matters concerning the
validity, performance and interpretation of these Terms of
Use. If an applicable law is in conflict with any part of the
Terms of Use, the Terms of Use will be considered modified to
conform with the law. The other provisions will not be
affected by any such modification. |
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Arbitration |
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All disputes,
claims or controversies arising under or in connection with
the use of this Web site, including the validity, scope and
enforceability of this article, which are not otherwise
settled by the parties, shall be finally settled by
arbitration. The arbitration shall be held in New York, New
York, USA and shall be conducted in accordance with the Rules
of Arbitration of the American Arbitration Association in
effect at the time the proceedings begin.
All information relating to or disclosed by any party in
connection with the arbitration of any disputes hereunder
shall be treated by the parties, their representatives, and
the arbitrator as proprietary business information. Such
information shall not be disclosed by any party or their
respective representatives without the prior written
authorization of the party furnishing such information. Such
information shall not be disclosed by the arbitrator without
the prior written authorization of all parties. Each party
shall bear the burden of its own counsel fees incurred in
connection with any arbitration proceedings.
Judgment upon the award returned by the arbitrator may be
entered in any court having jurisdiction over the parties or
their assets or application of enforcement, as the case may
be. Any award by the arbitrator shall be the sole and
exclusive remedy of the parties. The parties hereby waive all
rights to judicial review of the arbitrator's decision and any
award contained therein. |
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Update of Terms of Use |
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These terms of use
are updated and modified from time to time. The modified terms
take effect automatically the day they are posted. Every time
you access the Web sites of LiDAC and/or its related,
affiliated and subsidiary companies, make sure that you check
these terms.
IF THESE TERMS ARE NOT ACCEPTABLE TO YOU IN FULL, YOU MUST
IMMEDIATELY TERMINATE YOUR USE OF THIS WEB SITE. |
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