We offer access to and use of our site, products, and services to you subject to your acceptance of these terms and conditions of service (“TOS”). By accessing, using or obtaining any content, data, materials, information, products or services through our sites or subsequent relationship, you agree to observe these Terms. If you do not accept these TOS, you must immediately end your visit to our website and cancel any related products or services. For purposes of this Agreement, “You,” “User,” and “Customer” mean the customer or User of the website, product, or service, “We/us,” “Company,” and “American Life Settlements” mean American Life Settlements and all its affiliated and subsidiary companies, “Site” means the website on the World Wide Web located at americanlifesettlements.com and other Company websites. “Content” means the information and other material available within the Site.
American Life Settlements may modify the TOS at any time in its sole discretion. Any modifications are effective upon posting on the Site. Customer understands that changes to the TOS the company shall not be grounds for contract termination or non-payment.
American Life Settlements may terminate service at any time without notice, if, in the sole judgment of American Life Settlements, customer is in violation of the TOS.
2. No Payments Accepted
American Life Settlements is a Life Settlement Brokerage and does not request or accept payments from clients or Advisors. Nor does American Life Settlements receive the client’s funding.
3. SERVICE RATES
4. ACCEPTABLE USE
The Acceptable Use Policy (AUP) sets forth guidelines for the acceptable use of American Life Settlements products and services. It is the customer’s responsibility to review the AUP prior to executing this contract. The AUP is posted on the American Life Settlements site and may be updated from time to time. It is the customer’s responsibility to regularly check for updates. Registering for and using any services constitutes acceptance of and agreement to the American Life Settlements AUP. Any violation of the AUP may result in suspension or termination of services.
We own and have copyrights on our sites’ software, design, structure and data compilation, and Materials located thereon, and all of their content. You will not copy, reproduce, republish, upload, post, transmit, distribute, sell, transfer or modify any of the content, data, information or materials found on our sites, and may not be copied, reproduced, modified, published, uploaded, posted, transmitted, or distributed in any way, without American Life Settlements’s prior written permission. Trademarks, logos and service marks displayed on our sites (“Marks”) are our registered and common law Marks. Your use of and access to our sites do not grant you any license or right to use any of these Marks not otherwise stated herein. You will not use any robot, spider, other automatic device, or manual process to monitor materials available through our sites.
No license or right to use, reproduce, translate, rearrange, modify, enhance, display, sell, lease, sublicense or otherwise distribute, transfer or dispose of the services or products accessed by You hereunder, in whole or in part, is granted except as expressly provided by this Agreement. Neither You nor any of Your affiliates shall reverse engineer our products or services.
6. TRADEMARKS, SERVICE MARKS, AND COPYRIGHTS
All brand, product, service, and process names appearing on this Site are trademarks of their respective holders, and American Life Settlements does not make any endorsements of such trademarks of their respective holders that appear on this Site. American Life Settlements’s trademarks may be used publicly with written permission only from American Life Settlements. Fair use of American Life Settlements’s trademarks in advertising and promotions of American Life Settlements’s products requires proper acknowledgement. Reference to or use of a product, service, or process does not imply endorsement, recommendation, approval, affiliation, or sponsorship of that product, service, or process by American Life Settlements. You further acknowledge and agree that Content contained in sponsor advertisements or information presented to you through the Service or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws.
7. CUSTOMER WARRANTY
You warrant and represent to American Life Settlements that you are at least eighteen (18) years of age, possess the legal right and ability to request products or services of American Life Settlements, and will use the producst and service services for lawful purposes and in accordance with this Agreement.
8. LINKS TO OTHER SITES
Use of links on this site (Links) may let you leave the American Life Settlements site and go to other Web sites. The linked sites are not under the control of American Life Settlements and American Life Settlements is not responsible for the content, the accuracy thereof or any other aspect of any linked sites or any link contained in a linked site. American Life Settlements reserves the right to terminate any Links or linking program at any time. American Life Settlements does not endorse such Links, companies or products, or information to which it links and reserves the right to note as such on its Site. If you decide to access any of the third party sites linked to this Site, you do this entirely at your own risk.
9. INTERNATIONAL (NON-U.S.) USE
American Life Settlements controls this Site from its offices within the United States of America. American Life Settlements only responds to and services customers who are domiciled inside the United States of America. American Life Settlements makes no representation that Materials in the Site are appropriate, legal, or available for use in other locations, and access to them from territories where their content is illegal and prohibited. Those who choose to access this Site from other locations do so on their own initiative and are responsible for compliance with applicable local laws. Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside. You may not use or export the Materials in violation of U.S. export laws and regulations.
YOU HEREBY AGREE, AT YOUR OWN EXPENSE, TO INDEMNIFY, DEFEND AND HOLD American Life Settlements (AND ITS DESIGNEES, AGENTS, OFFICERS, DIRECTORS AND EMPLOYEES) HARMLESS FROM AND AGAINST ANY LOSS, COST, DAMAGE, LIABILITY, OR EXPENSE ARISING OUT OF OR RELATING TO ANY THIRD-PARTY CLAIM, ACTION, DEMAND OR ALLEGATION BROUGHT AGAINST American Life Settlements BASED UPON OR RELATING TO, DUE TO OR ARISING OUT OF (A) A DISPUTE BETWEEN YOU AND A VENDOR OR A USER (REGISTERED OR OTHERWISE) OVER THE TERMS AND CONDITIONS OF A CONTRACT OR RELATED TO THE PURCHASE AND SALE OF ANY GOODS/SERVICES, (B) A BREACH BY YOU OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, (C) ANY ACTION BY YOU OR A VENDOR OR USER (REGISTERED OR OTHERWISE) WHICH VIOLATES ANY LAW, REGULATION OR RIGHTS OF A THIRD PARTY, OR (D) CONTENT YOU SUBMIT, POST, TRANSMIT OR MAKE AVAILABLE THROUGH THE PRODUICT OR SERVICE, YOUR USE OF THE PRODUCT OR SERVICE, YOUR CONNECTION TO THE PRODUCT OR SERVICE, YOUR VIOLATION OF THE AGREEMENT, OR YOUR VIOLATION OF ANY RIGHTS OF ANOTHER.
11. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
American Life Settlements MAKES NO WARRANTY OF ANY KIND REGARDING OUR SITES, PRODUCTS, SERVICES AND/OR ANY CONTENT, DATA, MATERIALS, INFORMATION PROVIDED ON OUR SITES, ALL OF WHICH ARE PROVIDED ON AN “AS IS” AND AS AVAILABLE BASIS AND WE EXPRESSLY DISCLAIM ALL WARRANTIES AND CONDITIONS, INCLUDING IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE.
American Life Settlements EXPRESSLY DISCLAIMS ANY REPRESENTATION OR WARRANTY THAT OUR SITES, PRODUCTS, SERVICES, INFORMATION (I) WILL MEET YOUR REQUIREMENTS.
WITHOUT LIMITING THE FOREGOING, YOU SHOULD BE AWARE THAT THE MATERIALS MAY CONTAIN ERRORS, OMISSIONS, INACCURACIES, OR OUTDATED INFORMATION. WE FURTHER DISCLAIM ANY WARRANTY AS TO THE ACCURACY, COMPLETENESS, ADEQUACY, CURRENCY, VALIDITY, OR RELIABILITY OF ANY MATERIALS, AND TIMELINESS OF ANY CONTENT OR INFORMATION FOUND ON OUR SITES. American Life Settlements MAKES NO COMMITMENT TO UPDATE SUCH CONTENT OR INFORMATION.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE PRODUCT OR SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM American Life Settlements OR THROUGH OR FROM THE PRODUCT OR SERVICE SHALL CREATE ANY WARRANTY NOT OTHERWISE EXPRESSLY STATED IN THE AGREEMENT.
12. LIMITATION OF LIABILITYYOU REPRESENT AND WARRANT THAT YOU UNDERSTAND AND AGREE THAT:
NEITHER American Life Settlements NOR ITS SUPPLIERS SHALL BE RESPONSIBLE OR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, OR ANY DAMAGES WHATSOEVER INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, BUSINESS INTERRUPTION, LOSS OF INFORMATION (EVEN IF American Life Settlements HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARRISING OUT OF OR RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE PRODUCT, SERVICE, MATERIALS OR THE SITE; (II) THE COST OF PROCUREMENT OF GOODS AND SERVICES RESULTING FROM ANY DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE PRODUCT OR SERVICE; OR (V) ANY OTHER MATTER RELATING TO THE PRODUCT OR SERVICE. IN NO EVENT WILL American Life Settlements NOR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES, DESIGNEES, OR AGENTS, BE LIABLE TO YOU FOR ANY LOSS OR INJURY ARISING OUT OF OR RELATING TO THIS AGREEMENT REGARDLESS OF THE FORM OF CLAIM OR ACTION.
American Life Settlements NOR ITS SUPPLIERS SHALL NOT BE RESPONSIBLE OR LIABLE FOR (A) ANY DAMAGES TO OR VIRUSES THAT MAY INFECT YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY AS THE RESULT OF YOUR ACCESS TO, USE OF, OR BROWSING IN OUR SITES OR YOUR DOWNLOADING OF ANY CONTENT, INFORMATION, MATERIALS, DATA, TEXT, IMAGES, VIDEO OR AUDIO FROM OUR SITES OR (B) ANY INJURY, LOSS, CLAIM, DAMAGE, OR ANY SPECIAL, EXEMPLARY, PUNITIVE, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING WITHOUT LIMITATION LOST PROFITS OR LOST SAVINGS), WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, THAT ARISES OUT OF OR IS IN ANY WAY CONNECTED WITH (I) ANY USE OF OUR SITES OR CONTENT, DATA, MATERIALS OR INFORMATION FOUND THEREIN, (II) ANY FAILURE OR DELAY IN THE USE OF OR INABILITY TO USE ANY COMPONENT OF THESE SITES, OR (III) ANY PERFORMANCE OR NON PERFORMANCE BY US, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES TO A PARTY OR PARTIES.
THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. IF, DESPITE THE LIMITATION ABOVE, WE ARE FOUND LIABLE FOR ANY LOSS OR DAMAGE WHICH ARISES OUT OF OR IS IN ANY WAY CONNECTED WITH ANY OF THE OCCURRENCES DESCRIBED IN THE LIMITATION ABOVE, THEN OUR LIABILITY WILL IN NO EVENT EXCEED, IN TOTAL, THE SUM OF US $250.00.
13. CHOICE OF LAW & VENUE FOR DISPUTESTHIS AGREEMENT SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF INDIANA WITHOUT REGARD TO ITS RULES GOVERNING CONFLICTS OF LAW. THE PARTIES AGREE THAT THE EXCLUSIVE VENUE FOR ALL ACTIONS AND ARBITRATIONS RELATING IN ANY MANNER TO THIS AGREEMENT SHALL ONLY BE IN A FEDERAL OR STATE COURT OF COMPETENT JURISDICTION LOCATED IN HAMILTON COUNTY, INDIANA, U.S.A. or MARION COUNTY, INDIANA, U.S.A.
14. OTHER TERMSIf any provision of this Agreement is for any reason held unenforceable or invalid, then this Agreement shall be construed as if such provision were not contained in this Agreement. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the Terms and Conditions of this Agreement must be filed within one (1) year after the date of such claim or cause of action arose or be forever barred. The failure of American Life Settlements to exercise or enforce any right or provision of the Agreement shall not constitute a waiver of such right or provision. You may not assign this Agreement or any of its rights or obligations without the prior written consent of American Life Settlements, and any such attempted assignment will be void. Subject to the foregoing, this Agreement shall inure to the benefit of and be binding upon the permitted successors, legal representatives and assigns of the parties hereto. Notwithstanding anything else set forth herein to the contrary, the relationship between you and American Life Settlements is an independent contractor relationship only, and nothing herein shall be construed to create a partnership, joint venture, franchise, employment, or any other agency relationship between the parties. If any provision hereof is declared invalid by a court of competent jurisdiction, such provisions shall be ineffective only to the extent of such invalidity, so that the remainder of that provision and all remaining provisions of this Agreement will continue in full force and effect.
15. Effect of Termination.
Upon termination of the Agreement for any reason, all obligations of Company are extinguished.
16. Requests for financial or legal advise
American Life Settlements does not practice accountancy or law and it recommends its clients and Advisors to seek appropriate professional advice.