Life Settlement Institute
Effective Date: 01-01-2018
Welcome to Life Settlement Institute (“LSI,” “we,” “us” or “our“). LSI is a trade organization in the life insurance industry.
- INTENDED AUDIENCE
LSI is intended for use by people who are 18 years of age or older. By using the Services, you are confirming that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, have authorization on behalf of a company, organization, government, or other legal entity, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms, and to abide by and comply with these Terms. In our sole discretion, we may refuse to offer the Services to any person or entity.
- USAGE DATA
- USER CONTENT
The Services may consist of areas that allow users to create, post, transmit text, photos, documents or other materials (collectively, “User Content“). Further, you agree that you are solely responsible for your User Content. LSI is not responsible or liable for any User Content.
You retain all ownership rights in your User Content. However, by submitting User Content to LSI, you hereby grant us a nonexclusive, worldwide, royalty-free, and transferable license (with the right to sublicense) to use, modify, reproduce, transmit, publish, and create derivative works from, distribute, display and perform such User Content in connection with the Services.
- LSI CONTENT
Unless otherwise stated, all materials contained on or within the Services, including, but not limited to, text, images, icons, graphics, illustrations, code, designs, photographs, video clips, and written and other materials (collectively, the “LSI Content“), as well as their selection and arrangement, are protected by copyright, patent, trademark, trade dress, and/or other intellectual property laws, and unauthorized use of the LSI Content may violate such laws and these Terms. Except as expressly provided in these Terms, LSI does not grant any express or implied rights to use the LSI Content. Except as expressly stated in these Terms, you agree not to copy, reproduce, transmit, frame, republish, download, modify, sell, display, reverse engineer, or participate in any sale of, distribute, rent, lease, assign, loan, license, sublicense, or exploit in any way, in whole or in part, LSI Content, the Services or any related software.
You are hereby granted a limited, nonexclusive, non-sublicensable license to access and use the Services and LSI Content. This license may be revoked by LSI at any time. This license is subject to these Terms and does not include:
- Downloading (other than page caching) any portion of the Services, LSI Content or any information contained therein, except as expressly permitted on the Services;
- The distribution, public performance or public display of LSI Content;
- Modifying or otherwise making any derivative uses of the Services or LSI Content, or any portion thereof;
- Accessing the LSI application program interface with an unauthorized or third-party client;
- Use of any scraping, robots, data mining, or similar data gathering or extraction methods; and
- Any use of the Services or LSI Content other than for their intended purposes.
Without the prior written permission of LSI, any use of the Services or LSI Content other than as specifically authorized in these Terms, is strictly prohibited and will terminate the license to use LSI Content as allowed in these Terms.
- PROHIBITED ACTIVITIES
In addition to the other restrictions outlined in these Terms, you agree that you will not:
- Impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity;
- Use the Services for any purpose that is illegal, beyond the scope of their intended use, or otherwise prohibited in these Terms;
- Attempt to circumvent any content filtering techniques LSI employs, or attempt to access areas/features of the Services that you are not authorized to access;
- Compromise the security of the Services;
- Send any unsolicited or unauthorized advertising, spam, solicitations or promotional materials;
- Use any scrapers, crawler, robot, spider, or other automated means or interface not provided by us to access the Services or to extract data;
- Reverse engineer any aspect of the Services or do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any area, content or code of the Services;
- Develop any third-party applications that interact with User Content or the Services without our prior written consent;
- Attempt to indicate in any manner that you have a relationship with us or that we have endorsed you or any products or services without our express written consent to do so;
- Infringe any patent, copyright, trademark, trade secret, or other intellectual or proprietary right of any party;
- Use the Services in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying the Services, or that could damage, disable, overburden or impair the functioning of the Services in any manner;
- Use the Services in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying the Services, or that could damage, overburden, disable, or impair the functioning of the Services in any manner; and
- Use the Services for any illegal or unauthorized purpose or engage in, encourage, or promote any activity that violates these Terms.
You further agree to abide by any third-party terms that apply when posting reviews of LSI.
THE SERVICES AND THE LSI CONTENT ARE PROVIDED “AS IS” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. IN ADDITION, WHILE LSI ATTEMPTS TO PROVIDE A GOOD USER EXPERIENCE, WE CANNOT AND DO NOT REPRESENT OR WARRANT THAT THE SERVICES WILL ALWAYS BE SECURE OR ERROR-FREE OR THAT THE SERVICES WILL ALWAYS FUNCTION WITHOUT IMPERFECTIONS, DISRUPTIONS, OR DELAYS.
- NOTE TO INTERNATIONAL USERS
The Services are hosted in the United States. If you are a user accessing the Services from any other region with laws or regulations governing personal data collection, use, and disclosure, that differ from United States laws, please be advised that through your continued use of the Services, which are governed by United States law, you are transferring your personal information to the United States and you consent to that transfer.
- i) Indemnification
By agreeing to these Terms you agree to indemnify, defend and hold harmless LSI and our Affiliates from and against any and all claims, damages, liabilities, complaints, charges, losses, costs and expenses (including attorneys’ fees) due to, arising out of, or relating in any way to:
- your use of the Services;
- any User Content you post, upload, use, distribute, store or otherwise transmit through the Services; or
- your violation of these Terms.
- ii) Limitation of Liability
Except where prohibited by law, in no event will LSI or its Affiliates be liable for any indirect, incidental, special, punitive, exemplary or consequential damages that result from (a) the use of, or inability to use, the Services; or (b) the provision of the Services or any materials available therein. You assume total responsibility for your use of the Services. Your only remedy against LSI for dissatisfaction with the Services or any content is to stop using the Services. Notwithstanding these Terms, if LSI is found liable for any damage or loss which arises out of or is in any way connected with your use of the Services or any content, LSI’s liability shall in no event exceed $1.00. Some jurisdictions do not allow limitations of liability, so the foregoing limitation may not apply to you.
PLEASE READ THE FOLLOWING PARAGRAPH CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE DISPUTES WITH LSI AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US.
You and LSI agree to arbitrate any dispute arising from these Terms or your use of the Services, except that you and LSI are not required to arbitrate any dispute in which either party seeks equitable and other relief for the alleged unlawful use of copyrights, trade secrets, trademarks, trade names, logos, or patents. ARBITRATION PREVENTS YOU FROM SUING IN COURT OR FROM HAVING A JURY TRIAL. You and LSI agree (a) that any arbitration will occur in Orange County, California; (b) that arbitration will be conducted confidentially by a single arbitrator in accordance with the rules of ADR Services, Inc.; and (c) that the state or federal courts of Orange County, California have exclusive jurisdiction over any appeals of an arbitration award and over any suit, if any, between the parties not subject to arbitration. Other than class procedures and remedies discussed below, the arbitrator has the authority to grant any remedy that would otherwise be available in court. WHETHER THE DISPUTE IS HEARD IN ARBITRATION OR IN COURT, YOU AND LSI WILL NOT COMMENCE AGAINST THE OTHER A CLASS ACTION, CLASS ARBITRATION OR REPRESENTATIVE ACTION OR PROCEEDING.
- iv) Forum and Venue
A lawsuit, if any, by you or LSI against the other will occur in state or federal court Orange County, California. You and LSI agree that the jurisdiction and venue of these courts is exclusive.
- APPLICABLE LAW
Any dispute between you and LSI will be governed by these Terms and the laws of the State of California and applicable United States law, without giving effect to any conflict of laws principles that may provide for the application of the law of another jurisdiction.
If any provision of these Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.
We reserve the right to modify or discontinue, temporarily or permanently, the Services or any features or portions thereof without prior notice to you. You agree that we will not be liable for any modification, suspension or discontinuance of the Services or any part thereof.
- COMPLETE AGREEMENT
These Terms supersede all prior understandings regarding the same and represent the complete agreement between you and LSI.
- CONTACT US
These Services are operated and provided by Life Settlement Institute, 47 Discovery, Suite 160, Irvine, CA 92618. If you have any questions about these Terms, please contact us.