TERMS OF USE
EFFECTIVE DATE: 10/1/2010
PLEASE READ THESE TERMS OF USE AND THE PAN-AMERICAN LIFE PRIVACY NOTICE BEFORE USING THIS WEB SITE
For the purposes of this
User Agreement, "we," "us," "our," "the
company" refers to Pan-American Life Insurance Company and its affiliates,
jointly and individually. "You" and "yours" refers to the
owner "You" and "yours" refers to the owner of one or more
policies/contracts/certificates offered by us, or for the producer portal only,
the producer of record on one or more policies or contracts offered by us.
Your use of this web site is governed by this User Agreement. Pan-American Life
Insurance Company ("Pan-American Life") provides this web site and your
individually identifiable Log-in ID and Password as a convenience to you, the
user. This site is NOT intended to be accessed with your Log-in ID and Password
by any person other than you, the policy/contract/certificate owner, or the
producer portal only, producer of record. We reserve the right to prevent
anyone else from using this web site. YOUR INDIVIDUALLY IDENTIFIABLE LOG-IN ID
AND PASSWORD ARE
FOR YOUR
BENEFIT ONLY; PLEASE DO NOT SHARE THIS INFORMATION WITH ANYONE.
Please read the following terms and conditions carefully before using this web
site or any of our other web sites. You should review these terms and
conditions regularly as they may change at any time at our sole discretion. The
following terms and conditions apply to all of our web sites, including any web
sites owned, operated or sponsored by any of our subsidiaries or affiliates but
we may add to or supersede certain provisions of these terms and conditions
with other provisions located in other of our web sites.
By using the web sites, you ("you" or "User") signify your acceptance of these Terms of Use and your acknowledgement that the information that you provide, directly or indirectly, through the web sites will be managed in accordance with the Pan-American Life Privacy Notice.
IF YOU DO NOT ACCEPT THESE TERMS OF USE, YOU ARE NOT AUTHORIZED TO ACCESS OR USE THE WEB SITES
1. Liability
UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE FOR ANY DIRECT OR INDIRECT, SPECIAL,
INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES OF ANY
KIND
,
HOWSOEVER CAUSED THAT
MAY ARISE FROM YOUR USE OF, OR INABILITY TO USE, THIS WEB SITE
. Some
jurisdictions do not allow the exclusion or limitation of liability for
consequential or incidental damages. In such jurisdictions, our liability is
limited to the greatest extent permitted by law.
THIS
WEB SITE, ALL UPGRADES, UPDATES, MODIFICATIONS, RELEASES, AND
SERVICES
INCLUDING, BUT NOT LIMITED TO, ACCESS TO
AND
USE OF THE INTERNET, FURNISHED TO YOU PURSUANT TO
THIS AGREEMENT
ARE PROVIDED "AS IS" AND
WITHOUT
WARRANTIES OF ANY
KIND
, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED
TO, IMPLIED WARRANTIES OF MERCHANTABILITY
AND FITNESS FOR A PARTICULAR PURPOSE. WE DISCLAIM ANY AND ALL
EXPRESS
OR IMPLIED WARRANTIES REGARDING THIS
WEB SITE OR THE USE THEREOF, AND ACCESS TO AND
USE OF
THE INTERNET, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE.
2. We Do Not Have Responsibility for Links to Third Party Content
LINKS TO
WEB SITES OF NON-AFFILIATED THIRD PARTIES ARE
PROVIDED
FOR YOUR CONVENIENCE
AND INFORMATION ONLY. THE CONTENT IN ANY LINKED WEB SITE
IS NOT
UNDER OUR CONTROL
AND WE ARE
NOT RESPONSIBLE FOR IT. We reserve the right to
terminate a link to a third party web site at any time. The fact that we
provide a link to a third party web site does not necessarily mean that we
endorse, authorize, or sponsor that web site, nor that we are affiliated with
the third party web site's owners or sponsors.
3. Term of Agreement
This Agreement will be effective upon execution, that is, by your clicking on
the "Register and Consent to Terms of Use” button, and shall continue
until termination by you or by us. We reserve the right to suspend or terminate
this Agreement immediately and without notice if we, in our sole discretion,
determine that suspension or termination is necessary to comply with any
applicable law, regulation, tariff, order, or our rules, policies, practices,
and/or security procedures and concerns.
This Agreement may be terminated by the User at any time by contacting the
Customer Service Center
and
following the instructions provided to you with regards to termination.
4. Transaction Requests and Other Information Submissions
You are solely responsible for the genuineness and accuracy, both as to content
and form, of all requests and other communications properly received by us. We
will use commercially reasonable efforts to process your requests received and
to update your requested information. To the extent that you use this web site,
it is expressly understood and agreed that: (i) we may rely on the accuracy of
such information; (ii) we may act upon all instructions received by means of
your submit requests or other information; (iii) we assume no liability
whatsoever if, as a result of the inaccuracy of such information, you or any
third party suffer any loss or damages. You understand and agree that
submitting a request using the web site does not guarantee processing of that
request and that you are solely responsible to check the status of the request
on the web site, and take any further action necessary, including, if
necessary, resubmitting a request. By signing this Agreement you warrant and
represent to us that: (i) you shall not cause to be introduced into our
systems, any virus or any other contaminant or code that may be used to access,
alter, delete, damage, or disable any software, data, material, or other
property owned or used by us; (ii) you have the right to provide to us access
to plan information and data, and that we have a right to access such
information and data without any liability whatsoever to you; and (iii) neither
our access to any information submitted by you, your use of the web site, nor
your provision of any information through the web site, constitutes or may give
rise to a claim of patent and/or copyright infringement, or unlawful
disclosure, use or misappropriation of any property right.
5. Confirmations and Other Communications from Us
You understand that it is your responsibility to review all confirmations,
statements, notices, and other communications from us relating to the web site.
6. Security Devices, Passwords, Etc.
In using the web site, you are fully responsible for the security of passwords,
IDs, digital certificates and other security devices assigned to you by us
("Security Devices"). The use and storage of any information by you
relating to the services including, without limitation, the Security Devices,
transaction activity, claim information, and any other information on your
computer is at your own risk and is your sole responsibility. By signing this
Agreement, you agree to protect any information relating to this web site, the
services and/or any software downloaded by you in order to use the services, if
applicable, from unauthorized access, copying or use. In order to use this web
site and the services, you shall install virus checking software, with
then-current virus signatures and definitions, on all computers that you use to
interface with the web site and the services, and you shall ensure that you are
engaged in a secure session prior to transmitting any claim-related information
(i.e., the web site indicates that the communication will be secured using
SSL
security,
or the Web Site URL reads "Https://" indicating a secure connection).
In the event you detect or become aware of any unauthorized access, copying, or
use of information relating to the services (including, if applicable, any
software downloaded by you in order to use the services), or loss or theft of a
Security Device, you agree to notify us immediately. We may rely on any
transmissions received using the Security Devices.
7. Privacy/Treatment of Information or Data Transmitted to Us
We will treat the personal information you update on our system consistent with
our Online Privacy Policy and Customer Privacy Notices available on this site. The
Online Privacy Notice, incorporated herein by reference, explains what
information Pan-American Life may collect or gather from you on or through the
web site and how we will use and protect your information. Although the
web site may contain links to other web sites, Pan-American Life is not
responsible for the privacy practices employed by other web sites. In
addition, unless stated otherwise, Pan-American Life cannot guarantee the
security of any data is submitted through the Internet, by e-mail.
8. Proprietary Rights & Restricted Use
This web site's content is copyrighted and protected by
U.S.
and
worldwide copyright laws and treaty provisions. In addition, this web site's
content is protected by trademark laws, the laws of privacy and publicity, and
communication regulations and statutes. You are not authorized to post on or
transmit to or from this web site any unlawful, threatening, libelous,
defamatory, obscene, scandalous, inflammatory, pornographic, or profane
material, or any other content that could give rise to any civil or criminal
liability under the law.
You may print a copy of the information contained herein for your personal use
only, but you may not reproduce or distribute the text or graphics to others or
substantially copy the information on your own server, or link to this web
site, without our prior written permission.
9. By Providing Content, We Do Not Allow You to Use Trademarks Referenced in
This Web Site
The trademarks, service marks, and logos used and displayed on this web site
belong to their respective owners, and all use of them shall inure to the
benefit of those respective owners. We are the copyright owner of all text
contained on this web site. Trademarks and service marks of Pan-American Life
Insurance Company, or its subsidiaries or affiliates that may be referred to on
this web site are the property of Pan-American Life Insurance Company or one of
its subsidiaries or affiliates. Other parties' trademarks and service marks
that may be referred to are the property of their respective owners. Nothing on
this web site should be construed as granting, by implication, estoppel, or
otherwise, any license or right to use any trademark without our written
permission. You are not authorized to use our logo as a hyperlink to this web
site unless you obtain our written permission in advance.
10. We Are Not Providing Advice Nor Soliciting Offers
Unless and except where expressly provided, nothing in this web site
constitutes investment, tax, legal, or insurance advice except where expressly
stated to the contrary, nothing in this web site constitutes an offer to sell
or the solicitation of any offer to buy any particular product or
service. Any insurance product described on the web sites may have exclusions,
limitations, reductions in benefits and terms under which it may be continued
in force or discontinued. For more information, please consult your agent
and your policy or contract. Some products and/or services may not be
available in all states or countries. Except where we expressly state, any
information available on this web site is posted for informational purposes
only, and is not a recommendation that you should engage in any purchase or
sale.
11. You Agree to Indemnify Us for Using This Web Site
You agree to indemnify, defend, and hold harmless us, and our respective
officers, directors, employees, agents, licensors, suppliers, and any third
party information providers to us from and against all losses, expenses,
damages and costs, including reasonable attorneys' fees, resulting from any
violation of this Agreement by you.
12. Third Parties May Have Rights Under This Agreement
The provisions of this Agreement are for our benefit and our respective
officers, directors, employees, agents, licensors, and suppliers. Each of these
individuals or entities shall have the right to assert and enforce those
provisions directly against you on its own behalf.
13. Users Under 18 Years of Age.
In order to use this site you must be 18 years of age or older.
14. Force Majeure:
The Company shall not be liable for any delay or failure to perform its
obligations hereunder caused by an event of natural disaster, pandemics,
casualty, acts of God or public enemy, riots, terrorism, governmental acts or
such other event of similar nature, which is beyond the reasonable control of
the Company.
15. Restrictions on Use
In addition to other restrictions provided in these Terms of Use, you may not, while accessing or using the web site, engage in any of the following activities:
o Provide false or misleading registration information, disclose your username or password to anyone else, or use an account, username, password, or personal information of another user.
o Harvest or collect information about any users of the web site.
o Transmit or facilitate the transmission of any "junk mail," "chain letters," or unsolicited mass mailing or "spamming" in connection with the web site.
o Use any robot, spider, site search/retrieval application or automatic device to retrieve, index "data mine" or in any way reproduce or circumvent the navigational structure or presentation of the web site or any content or Information of the web sites.
o Modify the information, content, programs or other materials on the web sites or hack into or access our servers or web sites in an unauthorized manner.
o Use any computer programs to circumvent copy-protection devices.
o Frame or mirror any part of the web site, without our express permission.
o Impersonate another person, user or the company, staff, employees, or representatives, or take actions to interrupt, interfere with, obstruct, or limit the functionality of the web site, our services or any software, hardware or equipment.
o Use the web site in a manner inconsistent with applicable laws, rules and regulations.
o Reverse engineer, decompile, disassemble, translate or otherwise alter any portion of the web site.
o Upload or input to the web sites any information that contains viruses, Trojan horses, worms, time bombs, or other computer programming routines that are intended to damage, interfere with, intercept, or expropriate any portion or system of the web site.
You agree that your use of the web site may be suspended or terminated immediately upon receipt of any notice which alleges that you have used the web sites in violation of these Terms of Use and/or for any purpose that violates any local, state, federal or law of the USA or other jurisdictions, including, but not limited to, the posting of information that may violate third party rights, may defame a third party, may be obscene or pornographic, may harass or assault others, or may violate any laws, rules or regulations, including, hacking or other criminal regulations.
You understand that actions in violation of these Terms of Use may subject you to serious civil and criminal legal penalties and we reserve the right to pursue penalties and other remedies to the fullest extent of the law to protect our rights.
16. If any provision of these Terms of Use is held to be unlawful, void or unenforceable for any reason, that provision will be deemed severable and shall not affect the validity or enforceability of any other provision. These Terms of Use constitute the entire agreement between you and the company regarding your use of the web sites.
17. All Products, Programs and Services May
Not Be Available in Your Area
This web site is controlled by us from our offices within the
United States of America
. Except as specifically stated, we make no
representation that content or materials in this web site are appropriate or
available for use in other jurisdictions. Access to this web site content or
materials from jurisdictions where such access is illegal is prohibited. If you
choose to access this web site from other jurisdictions, you do so at your own
risk. You are always responsible for your compliance with applicable laws. You
may not use or export the materials in this web site in violation of
U.S.
export
laws and regulations. THE
LAWS
OF THE STATE OF
LOUISIANA
WILL GOVERN THE CONTENT
AND
MATERIALS CONTAINED IN THIS
WEB
SITE
,
WITHOUT GIVING EFFECT TO ANY PRINCIPLES OF CONFLICTS OF
LAWS
.
YOU HEREBY CONSENT TO SUBMIT TO THE EXCLUSIVE JURISDICTION OF
AND
VENUE IN THE COURTS OF THE STATE OF
LOUISIANA
AND
OF
THE
UNITED STATES OF AMERICA
LOCATED IN THE STATE OF
LOUISIANA
FOR ANY LITIGATION ARISING OUT OF OR RELATING TO THE USE OF THIS
WEB
SITE
.
We are not authorized to do business in every jurisdiction. Information that we
publish on this web site may contain references or cross-references to
products, programs or services of ours that are not available in your state or
country. The products referred to on this web site may be offered and sold only
to persons in the
United States of
America
. Consult one of our local
sales representatives for information regarding the products, programs and
services which may be available to you.
About Us
Pan-American Life Insurance Company, 601 Poydras St , New Orleans, Louisiana 70130 , NAIC Company Code Number 67539, is licensed to do business in all states except New York, Maine and Vermont.
To reach Customer Service with regard to any questions about these Terms of Use, place call 877-569-3075.