Terms and Conditions
This web site, located at www.caledonianlife.com ("Site"), is owned and operated
by Caledonian Life, located at 1840 W Whittier Blvd, Suite 1750, La Habra, CA,
90631-3623, and is accessible worldwide to anyone with Internet access.
Your access to, and use of this Site is subject to the terms and conditions of
this User Agreement ("Agreement") and all applicable laws and regulations.
BY USING OUR SITE, REGISTERING WITH OUR SITE, AND/OR SUBMITTING PERSONAL
INFORMATION THROUGH OUR SITE FOR THE PURPOSES OF INQUIRING ABOUT AND/OR APPLYING
FOR INSURANCE, YOU, THE USER ("YOU"), ACCEPT, WITHOUT LIMITATION OR
QUALIFICATION, ALL OF THE TERMS AND CONDITIONS IN THIS USER AGREEMENT.
Use of Your Personal Information
You hereby agree that we may share the information You provide to us, our
partners, and/or certain other third parties to process Your inquiry and/or
application for coverage and evaluate your qualification for insurance coverage
and/or the sale/purchase of insurance products.
You also consent to the use by us, our partners, and/or the third parties
with whom we work with of Your personal information for the purposes confirming
the information you provided. You further agree that we, our partners, and/or
certain other third parties with whom we work may confirm the information you
provide and/or evaluate your inquiry and/or application by accessing certain
consumer reports, which may include your credit scores and driving records.
You additionally grant us, our partners, and/or the third parties with whom
we work to examine and review your medical records and/or history in order to
further process your inquiry and/or application for insurance coverage. You
agree to such other use that may be made of your information as set forth in our
privacy policy, a copy of which is available at
privacy policy
and incorporated herein by reference.
Entire Agreement
This Agreement constitutes the entire and only agreement between You and
Caledonian Life, and supersedes all prior or contemporaneous agreements,
representations, warranties and understandings with respect to the Site, the
content, products or services provided by or through the Site, representations
made on and/or through the Site, and the subject matter of this Agreement.
Caledonian Life and its subsidiaries, divisions, and/or licensors reserve the
right to change these terms and conditions at any time without providing You
with any further notice. The changes will appear on this screen.
By using the Site, You agree in advance to accept any changes and check this
screen regularly to ensure compliance with these terms and conditions.
Your Representations and Warranties
You hereby represent and warrant as follows:
- That You have the full right and authority to agree to these terms and
conditions and to perform all the obligations hereunder; that the execution
and performance of these terms and conditions will not breach any agreement
with any third party; and that the provisions set forth herein are binding
upon and enforceable against You except as may be limited by applicable
bankruptcy laws and other laws affecting creditors rights.
- That the information that You provide and/or submit to us is true and
correct to the best of Your knowledge and that You will provide such other
additional information that we and/or the companies with which we work may
require to further process Your application and/or respond to Your
inquiries.
- That You will immediately notify us in the event of any material change in
your lifestyle, physical and/or mental condition, and/or overall health that
could result in a modification to any of the information you have previously
submitted to us.
Disclaimer
You acknowledge and agree as follows:
- that Caledonian Life does not guarantee that You will qualify for insurance
coverage and/or for the purchase/sale of an insurance product;
- that Caledonian Life is not a party to any agreement concerning any
insurance product that You ultimately purchase as a result of your use of this
Site;
- that Caledonian Life makes no representation whatsoever regarding the
suitability of any insurance product that You ultimately purchase as a result of
Your use of this Site; that Caledonian Life makes no representation regarding
the standing, creditworthiness, and/or viability of any insurance company from
which You ultimately purchase an insurance product from as a result of Your use
of this Site;
- and that Caledonian Life exercises no control over, and accepts no
responsibility for, the acts and/or omissions of any third party, including, but
not limited to, insurance carriers and/or underwriters.
Limitation of Liability
YOUR USE OF THIS SITE, AND THE INFORMATION AVAILABLE FROM OR THROUGH THE
SITE, IS PROVIDED "AS IS," "AS AVAILABLE," AND ALL WARRANTIES, EXPRESS OR
IMPLIED, ARE DISCLAIMED (INCLUDING, BUT NOT LIMITED TO, THE DISCLAIMER OF ANY
IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE). THE
INFORMATION AVAILABLE THROUGH THIS SITE AND THE INFORMATION YOU PROVIDE TO THIS
SITE MAY ULTIMATELY BE LOST, CORRUPTED, AND/OR CONTAIN BUGS, ERRORS, PROBLEMS OR
OTHER LIMITATIONS. CALEDONIANLIFE HAS NO LIABILITY WHATSOEVER FOR YOUR USE OF
THIS SITE. IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, CALEDONIAN LIFE ARE
NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES
(INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, MISAPPROPRIATION OF
INTELLECTUAL PROPERTY RIGHTS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH
OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY
OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION
OF DAMAGES SET FORTH ABOVE IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN
BETWEEN CALEDONIANLIFE AND YOU. THIS SITE WOULD NOT BE PROVIDED WITHOUT SUCH
LIMITATIONS. CALEDONIAN LIFE ASSUMES NO LIABILITY FOR ANY ERRORS, BUGS, VIRUSES,
OMISSIONS OR OTHER PROBLEMS WITH RESPECT TO THE CONTENT OF THE SITE, OR WITH ANY
OF THE INFORMATION THAT YOU PROVIDE THROUGH THE SITE, OR FOR ANY BREACH OF
SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH THE
SITE OR ANY FURTHER LINKED SITE. NO ADVICE OR INFORMATION, WHETHER ORAL OR
WRITTEN, OBTAINED BY YOU FROM CALEDONIAN LIFE THROUGH THE SITE SHALL CREATE ANY
WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT.
CALEDONIAN LIFE'S MAXIMUM LIABILITY TO YOU UNDER ALL CIRCUMSTANCES WILL BE EQUAL
TO THE AMOUNT OF COMPENSATION YOU HAVE DIRECTLY PAID, IF ANY, TO CALEDONIAN LIFE
FOR ANY GOODS, SERVICES OR INFORMATION. IN NO EVENT SHALL CALEDONIANLIFE HAVE
ANY LIABILITY FOR ANY INCIDENTAL, CONSEQUENTIAL OR INDIRECT DAMAGES INCURRED
FROM THE USE OF OR INABILITY TO USE CALEDONIANLIFE OR ANY INFORMATION, SERVICES
OR PRODUCT PROVIDED ON OR ACCESSED FROM CALEDONIAN LIFE, EVEN IF CALEDONIAN LIFE
HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES DO NOT
ALLOW THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE
ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH A STATE, CALEDONIAN LIFE'S
LIABILITY IS LIMITED TO THE LOWEST EXTENT PERMITTED BY LAW.
Property of Caledonian Life
All information, including, without limitation, text, software, database
structures, database sequences, database organization, photographs, graphics,
illustrations, artwork, video, music, sound, names, logos, Trademarks, service
marks, and all html, CGI and other codes and scripts in any format used to
implement the Site (all collectively "Content") are the property of Caledonian
Life, or of Caledonian Life's licensors, and/or strategic partners.
You may not copy, modify, upload, download, decompile, disassemble, reverse
engineer, transmit, republish, or otherwise distribute any Content from the
Site, either directly or by use of a robot, spider, or other similar manual or
automated device or process except as otherwise expressly permitted by these
terms and conditions, as amended from time-to-time.
Intellectual Property of Caledonian Life
The structure, sequence, organization, and look and feel of the Caledonian Life
insurance applications, Site, the Caledonian Life database, and/or the Content,
if applicable, (all collectively hereinafter "Caledonian Life Property") are the
sole and exclusive property of Caledonian Life. You agree not to take any steps
to violate the applicable copyrights, trademarks and/or patents, if any,
protecting the Caledonian Life Property. You may not reproduce or distribute the
graphic or textual elements of the Caledonian Life Property.
All right, title and interest (including, without limitation, all rights arising
under the United States Copyright Act, 17 U.S.C. Section 101 et seq., the
Trademark Act and all other applicable laws) in and to the Caledonian Life
Property and promotional materials developed by Caledonian Life in connection
with its activities under this Agreement, including, without limitation,
- all advertising, promotional and sales materials created by Caledonian
Life,
- all page layout designs developed by Caledonian Life for the properties
shall, as between You and Caledonian Life, be and remain the sole property of
Caledonian Life and You shall not acquire any right, title or interest in
Caledonian Life Property except to the extent expressly provided for by this
Agreement.
Any unauthorized use of any of Caledonian Life Property, as shall be deemed an
infringement of the rights of Caledonian Life therein. You shall not in any way
or at any time dispute or attack the validity or harm or contest the rights of
Caledonian Life in or to any of Caledonian Life's intellectual property and/or
rights.
Linked Sites
The Site may contain links to other web sites. Caledonian Life is not
responsible for the content, accuracy or opinions expressed in such web sites,
and such web sites are not investigated, monitored or checked for accuracy or
completeness by Caledonian Life. Inclusion of any linked web site on the Site
does not imply approval or endorsement of the linked web site by Caledonian
Life. If You decide to leave the Site and access these third-party sites, You do
so at your own risk.
General User Provisions
Caledonian Life has implemented technical security measures, and You
expressly agree not to circumvent, or attempt to circumvent, such security
measures, or other technical measures that Caledonian Life has adopted to
protect the security of transactions made through the Site and the privacy of
communications between and among users of the Site.
This Agreement shall be treated as though it were executed and performed in
Los Angeles, California, and shall be governed by and construed in accordance
with the laws of the State of California (without regard to conflict of law
principles). Any cause of action by You with respect to the Site (and/or any
information, products or services related thereto) must be instituted within one
(1) year after the cause of action arose or be forever waived and barred.
All actions shall be subject to the limitations set forth above. The language
in this Agreement shall be interpreted as in accordance with its fair meaning
and not strictly for or against either party. All legal proceedings arising out
of or in connection with this Agreement shall be brought solely in Los Angeles,
California.
You expressly submit to the exclusive jurisdiction of said courts and consent
to extraterritorial service of process. Should any part of this Agreement be
held invalid or unenforceable, that portion shall be construed consistent with
applicable law and the remaining portions shall remain in full force and effect.
To the extent that anything in or associated with the Site is in conflict or
inconsistent with this Agreement, this Agreement shall take precedence.
Caledonian Life's failure to enforce any provision of this Agreement shall
not be deemed a waiver of such provision nor of the right to enforce such
provision.
Caledonian Life
1840 W Whittier Blvd, Suite 1750,
La Habra,
CA 90631-3623
Customer Service
|
| |