TERMS OF USE
By using this website, Life Settlement Connect (the “Website”), you are knowingly and willingly agreeing to be bound by these Terms of Use and understand that these Terms of Use shall constitute a binding and enforceable contract between you and Life Settlement Connect. These “Terms of Use” set forth the terms and conditions under which you may access and use the Website. If you do not agree to these Terms of Use, you may not use this Website. By continuing to use the Website, you agree to the following terms and conditions, which govern your use of the Website, including your access to the pricing data provided via the Website. Unless the context requires otherwise, the terms “you” and “your” herein shall include you and your employer.
Modifications
Life Settlement Connect may, in its sole discretion and at any time, modify these Terms of Use, in whole or in part, by posting such modifications on the Website. Your continued use of the Website following the posting of changes will operate as an acknowledgment of your acceptance of the then current Terms of Use. The Terms of Use will include the date Life Settlement Connect last updated the Terms of Use.
Use of the Website
You agree and acknowledge that any application used on the Website and the pricing and other data and content, including, but not limited to, graphics, text, video, and the like which are posted on the Website from time to time, any third party content, other information provided on the Website and any derivative work of any of the foregoing (the “Website Content”), are the sole and exclusive intellectual property of Life Settlement Connect or is licensed by Life Settlement Connect for use on the Website and shall not be copied, adapted, translated, decompiled, reproduced, reverse engineered, disassembled, displayed, sold or otherwise distributed or modified without the express prior written consent of Life Settlement Connect. The Website is protected by applicable intellectual property and other laws, including patent law, copyright law, trade secret law, trademark law, unfair competition law, and any and all other proprietary rights, and any and all applications, renewals, extensions and restorations thereof, now or hereafter in force and effect worldwide. Life Settlement Connect hereby grants you a license to access and use the Website and the Website Content solely in accordance with the terms and conditions of these Terms of Use. You agree not to remove, obscure, or alter Life Settlement Connect’s, or any other copyright notices, trademarks, or other proprietary rights notices affixed to or contained within or accessed through the Website. Any rights not explicitly granted by Life Settlement Connect in these Terms of Use are reserved.
You may not use the Website: (i) on behalf of any third party without Life Settlement Connect’s written consent; or (ii) in any manner that may impair, overburden, damage, disable or otherwise compromise (a) Life Settlement Connect’s services; (b) any other party’s use or enjoyment of Life Settlement Connect’s services; or (c) the security or proprietary nature of the Website or any Website Content.
Life Settlement Connect reserves the right to temporarily disable or permanently discontinue any and all functionality of the Website, including the provision of any and all Website Content, at any time without notice and with no liability to you. If you fail to comply with any provision of these Terms of Use, any rights granted to you herein will automatically terminate. In the event of such termination, you must immediately cease use of the Website.
Registration and Account Creation
As part of the registration and account creation process necessary to obtain access to certain portions of the Website, including those portions that provide purchasing functionality, you will need to suggest a username and a password. You will provide Life Settlement Connect with certain registration information, all of which must be accurate, truthful, and updated by you to be current and accurate. You shall not: (i) use a username that you know or believe may be already used by another person; (ii) use a username in which another person has rights without such person’s authorization; or (iii) suggest or use a username or password that Life Settlement Connect, in its sole discretion, deems offensive or inappropriate. Life Settlement Connect reserves the right to deny creation of your account based on Life Settlement Connect’s inability to verify the authenticity of your registration information. You shall be solely responsible for maintaining the confidentiality of your password. You shall immediately notify Life Settlement Connect of any known or suspected unauthorized use(s) of your account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your password or login information. The use of your account by any individual under age eighteen (18) is strictly prohibited. You agree to maintain only one account with the Website at any time and certify that you currently have no other account(s) with the Website unless such multiple accounts are specifically approved in writing by Life Settlement Connect.
You are fully responsible for all usage and activity on your account, including, but not limited to, use of the account by any third party authorized by you to use your username and password. Notwithstanding anything else herein, Life Settlement Connect reserves the right, in its sole discretion, to pursue any and all claims against you and/or any user of your account based on use of the Website.
Proprietary Rights
You hereby acknowledge that, as between you, and Life Settlement Connect, Life Settlement Connect own all rights, title and interest in and to the Website and to any and all proprietary and confidential information contained therein or accessible or provided thereby including but not limited to information regarding transactions performed by you on the Website. The Website is protected by applicable intellectual property and other laws, including patent law, copyright law, trade secret law, trademark law, unfair competition law, and any and all other proprietary rights, and any and all applications, renewals, extensions and restorations thereof, now or hereafter in force and effect worldwide.
Disclaimer of Warranties and Limitation of Liability
THE WEBSITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. LIFE SETTLEMENT CONNECT EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. LIFE SETTLEMENT CONNECT MAKES NO WARRANTY THAT (i) THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (ii) THE RESULTS OBTAINED FROM THE WEBSITE WILL BE ACCURATE OR RELIABLE, OR (iii) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE WEBSITE WILL MEET YOUR EXPECTATIONS. ANY MATERIAL DOWNLOADED FROM OR OTHERWISE OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA RESULTING FROM SUCH DOWNLOAD OR USE.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE WEBSITE OR THROUGH ANY APPLICATION THEREIN SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF USE.LIFE SETTLEMENT CONNECT IS NOT PROVIDING INVESTMENT ADVICE. YOU AGREE TO USE THE WEBSITE AND ANY APPLICATIONS THEREIN AT YOUR OWN RISK AND TO EXERCISE YOUR INDEPENDENT JUDGMENT IN CONNECTION WITH DETERMINING THE SUITABILITY OF, AND WHETHER TO ENTER INTO, ANY TRANSACTIONS.
LIFE SETTLEMENT CONNECT INTENDS THAT THE WEBSITE WILL BE VIEWED BY U.S. PERSONS FOR INFORMATIONAL PURPOSES ONLY. THIS SHOULD NOT BE VIEWED AS A SOLICITATION OR OFFER OF SERVICES IN ANY JURISDICTION IN WHICH LIFE SETTLEMENT CONNECT IS NOT QUALIFIED TO DO BUSINESS. IT IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY. LIFE SETTLEMENT CONNECT DOES NOT REPRESENT THAT THE WEBSITE OR ANY USE THEREOF IS APPROPRIATE OR AVAILABLE FOR USE IN ANY GEOGRAPHICAL LOCATION. ANY ENTITY CHOOSING TO USE THE WEBSITE IS SOLELY RESPONSIBLE FOR COMPLIANCE WITH ALL APPLICABLE LAWS.
UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, WILL LIFE SETTLEMENT CONNECT, ITS SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, ADVISORS, LICENSORS, LICENSEES OR CONTENT PROVIDERS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES THAT RESULT FROM YOUR USE OF OR INABILITY TO USE THE WEBSITE, INCLUDING BUT NOT LIMITED TO RELIANCE ON INFORMATION OBTAINED ON THE WEBSITE, MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR ELECTRONIC MAIL, LOSS OF OR DAMAGE TO DATA, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO THE WEBSITE. YOU HEREBY ACKNOWLEDGE AND AGREE THAT THIS PROVISION WILL APPLY WHETHER OR NOT LIFE SETTLEMENT CONNECT IS GIVEN NOTICE OF THE POSSIBILITY OF SUCH DAMAGES AND THAT THIS PROVISION WILL APPLY TO ALL WEBSITE CONTENT, OR SERVICES THAT MAY BE AVAILABLE FROM TIME TO TIME FROM LIFE SETTLEMENT CONNECT OR ITS SUBSIDIARIES AND AFFILIATES. NOTWITHSTANDING THE FOREGOING, ANY LIABILITY RESULTING FROM YOUR USE OF THE WEBSITE SHALL BE LIMITED TO ONE HUNDRED DOLLARS, IN THE AGGREGATE FOR ALL CLAIMS AGAINST LIFE SETTLEMENT CONNECT AND LIFE SETTLEMENT CONNECT INDEMNITIES.
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations may not apply to you. In any event, the foregoing limitations shall apply to the greatest extent permitted by law.
Indemnity
You agree to defend, indemnify and hold harmless Life Settlement Connect, its subsidiaries, affiliates, partners, employees, officers, directors, agents, licensors, licensees or content providers (the “Life Settlement Connect Indemnities”) from any claims, losses, damages, expenses, suits, judgments, demands, and costs and attorneys’ fees, of every kind and nature arising out of or relating in any way to your use of the Website or your violation of these Terms of Use.
No Solicitation
You expressly understand and agree that Life Settlement Connect is not a broker, and does not act in any way as a broker in connection with these Terms of Use or any of the transactions. The decision as to whether to purchase at all, how much to purchase and when to purchase are solely and exclusively made by you, and/or you in consultation with your advisors and/or broker(s).
Third Party Links
The Website may contain hyperlinks ("Links") to other websites, or advertising or sponsorships operated by or referring to third parties and their goods and services ("Advertising"). Links and Advertising may be made available to assist you, the user, in your use of the Website. Life Settlement Connect does not control such Links or Advertising. LIFE SETTLEMENT CONNECT MAKES NO REPRESENTATION OR WARRANTIES CONCERNING SUCH THIRD PARTY WEBSITES OR RESOURCES AND IS NOT RESPONSIBLE FOR THE CONTENT OR OPERATION OF SUCH THIRD PARTY WEBSITES OR RESOURCES, AND SHALL HAVE NO LIABILITY IN CONNECTION WITH THEM. Inclusion of such Links or Advertising does not imply any endorsement by Life Settlement Connect, including but not limited to opinions, statements, information, individuals or entities referred to on such Links or Advertising or any association with their operators. You are solely responsible for any charges or obligations that you may incur in your dealings with such linked site operators or advertisers. Linked sites or other web sites may also have a Link to this Website; Life Settlement Connect is not, and you agree that Life Settlement Connect is not, responsible for the content of any such web Website or the actions of any operator of any such website.
Warning Against Hackers
It is possible that other users or unauthorized "hackers" may post or transmit offensive or obscene materials on the Website and that you may be involuntarily exposed to such materials. It may also be possible for other users or "hackers" to obtain personal information about you. By using the Website, you assume the risk of such occurrences.
Miscellaneous Terms
(a) Governing Law. By accessing the Website, you agree that the laws of the State of Florida, without regard to principles or conflict of laws, will govern these Terms of Use and any dispute of any sort that might arise between you and Life Settlement Connect or its affiliates. In addition, you agree to submit to the jurisdiction of the courts of the State of Florida, and that any action pursued concerning these Terms of Use or your use of the Website shall be within the exclusive jurisdiction of the courts of the State of Florida.
(b) Construction. If any provision of these Terms of Use is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision shall be enforced to the maximum extent permissible so as to affect the intent of these Terms of Use, and the remainder of these Terms of Use shall continue in full force and effect.
(c) No Waiver. The failure by either you or Life Settlement Connect to exercise or enforce any rights or provisions of these Terms of Use shall not constitute a waiver of such right or provision or any other provision of these Terms of Use.
(d) Survival. All provisions in these Terms of Use regarding representations and warranties, indemnification, disclaimers and limitations on liability shall survive any termination of these Terms of Use.
(e) Claims. 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 Website or these Terms of Use must be filed by you within one (1) year after such claim or cause of action arose or be forever barred.
(f) Headings. The headings hereof are descriptive only and not to be used in interpreting the provisions of these Terms of Use.
Contacting Life Settlement Connect
You may contact us if you any questions about the Terms of Use, the practices of this Website, or your dealings with the Website by sending an e-mail :
customerservice@lifesettlementconnect.com