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Terms and Conditions

Acceptance Of Terms Of Use.

By accessing this Web Site you unconditionally agree to accept the Terms Of Use stated as follows. IF YOU DO NOT AGREE TO THESE TERMS OF USE, DO NOT REGISTER AND DO NOT USE THE SOFTWARE OR SERVICES.

We reserve the right to change or modify any of the Terms of Use and any policy or guideline incorporated by reference at any time and from time to time in our sole discretion. Any change or modification will be effective upon posting of the revisions on the Site. We will post a notice of such change or modification to these Terms of Use on the Site for thirty (30) days. IF YOU DO NOT AGREE TO THE TERMS OF ANY MODIFICATION, DO NOT CONTINUE TO USE THE SERVICES. Your continued use of the Site and the Services following our posting of any change or modification will constitute your acceptance of any such change or modification.

Intellectual Property; Licenses.

Software and Services. All materials, including but not limited to any computer software data or information developed or provided by our company, or its affiliates, or its suppliers or Insurance Producers pursuant to these Terms of Use, and any know-how, methodologies, equipment or processes used by our company, or its affiliates to provide the Software and/or Services to you, including without limitation all copyrights, trademarks, patents, trade secrets and any other proprietary rights therein, shall remain the sole and exclusive property of our company, or its affiliates, or its suppliers or Insurance Producers, as applicable. We shall also maintain and control ownership of all Internet protocol ("IP") numbers and addresses that may be assigned to you by our company, or its affiliates, and We reserve the right, in our sole discretion, to change or remove any and all such IP numbers and addresses at any time. Subject to the Terms of Use, We grant you a limited, nonexclusive, nontransferable, revocable license to access and use the Software (in object code form only) and Services in strict accordance with the "Use Guidelines" set forth herein. This license will automatically terminate at the time the Services are terminated and you will have no further right to use the Software or Services.

Technical Website Help

Solely to provide you with technical website help, LifeWise makes available Screen Sharing or CoBrowsing services. Be advised that by choosing to utilize these services, you may be transmitting, distributing or broadcasting either visual or written information to technical website help agents in a Screen Sharing or CoBrowsing session. Therefore, you may wish to close sensitive content or other applications you do not want these agents to view.

Use Guidelines.

Acceptable Use. You agree not to, directly or indirectly through Insurance Producers, representatives or affiliated persons or entities, (i) upload or distribute in any way Internet viruses, worms, Trojan horses, corrupted files, or any other software or programs that may damage the operation of another entity's computer or system, or otherwise disrupt or interfere with the ability of others to use the Services or Software; (ii) use the Services or Software for illegal purposes; (iii) access without authorization or attempt to penetrate security measures of computers, accounts, or networks belonging to others; (iv) post, promote or transmit through e-mail or in connection with use of the Site any unlawful, harassing, libelous, threatening, obscene, pornographic, hateful, or otherwise objectionable material of any kind or nature, or material that may encourage conduct that could constitute a criminal offense or give rise to civil liability; (v) send unsolicited bulk or commercial messages (a.k.a. "spam") over the Internet or forge or misrepresent message headers, whether in whole or part, to mask the originator of a message; (vi) modify, adapt, alter, translate or make derivative works based on this Site or software (vii) disassemble, reverse engineer or decompile our Software or other intellectual property or otherwise attempt to discover any portion of the source code, object code or trade secrets relating to the our company or its affiliate’s Site and Software; and/or (viii) remove, obscure or alter any notice of patent, copyright, trade secret, trademark, or other proprietary right related to the Site or Software.

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Enforcement.

Investigation of Violations. We may investigate any complaints or violation of these Terms of Use or our policies and take any action We deems appropriate under the circumstances to protect our systems, facilities, customers and/or third parties.

Disclosure Rights. In order to comply with applicable laws and governmental requests, and/or to protect our systems, facilities, customers and/or third parties, We may access and disclose any information we consider necessary or appropriate, including without limitation user profile information, IP addressing and traffic information, usage history, and content residing on our servers and systems. Further, We reserve the right to report any activity that we suspect violates any law or regulation to appropriate law enforcement officials or other appropriate third parties. In the event of any inconsistency between our right to disclose under this section and the terms of our company or its affiliate’s Privacy Policy, our company’s right to disclose under the Privacy Policy will control.

Termination.

We may terminate your use of the Site and the Services immediately upon written notice thereof if, in our sole discretion, We determine that you have violated or acted inconsistently with the terms of these Terms of Use or any applicable law, policy, or regulation.

Representations and Warranties.

You warrant, represent, and covenant to us that (a) if you are an individual, you are at least eighteen (18) years of age; (b) you possess the legal right and ability to enter into these Terms of Use; (c) you will use the Services only for lawful purposes and in accordance with these Terms of Use (without limitation, including the Use Guidelines) and all applicable policies; (d) you will be responsible, financially, legally and otherwise, for all use under your account and/or password; (e) you have acquired or will acquire all authorization(s) necessary for hypertext links to third-party websites or other content; (f) you have verified or will verify the accuracy of materials distributed or made available for distribution via the Services, including, without limitation, your Content, descriptive claims, warranties, guarantees, nature of business, and address where business is conducted; and (g) your Content does not and will not infringe or violate any right of any third party (including any intellectual property rights) or violate any applicable law, regulation or ordinance.

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Disclaimed Warranties.

You acknowledge and expressly agree that We exercise no control over, and accept no responsibility for, the information passing through our host computers, network hubs and points of presence, or the Internet. ALL SERVICES PROVIDED HEREUNDER ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND WITHOUT WARRANTY AGAINST FAILURE OF PERFORMANCE INCLUDING, WITHOUT LIMITATION, ANY FAILURE DUE TO COMPUTER HARDWARE OR COMMUNICATION SYSTEMS. EXCEPT AS EXPRESSLY PROVIDED IN THESE TERMS OF USE, WE DO NOT MAKE AND HEREBY DISCLAIM, AND YOU HEREBY WAIVE ALL RELIANCE ON, ANY REPRESENTATIONS OR WARRANTIES, ARISING BY LAW OR OTHERWISE, REGARDING THE SERVICES, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE IN TRADE. WITHOUT LIMITING THE FOREGOING, WE SPECIFICALLY DISCLAIM ANY REPRESENTATION OR WARRANTY THAT THE SERVICES OR SOFTWARE WILL MEET YOUR REQUIREMENTS, THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, OR THAT DEFECTS IN THE SOFTWARE OR SERVICES WILL BE CORRECTED. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT THE USE OF THE SERVICE IS DONE AT YOUR OWN RISK AND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, OR LOSS OF DATA THAT IN ANY WAY RELATES TO YOUR USE OF THE SERVICES OR SOFTWARE.

Limitation; Exclusion of Liability.

Limitations. IN NO EVENT SHALL WE HAVE ANY LIABILITY FOR UNAUTHORIZED ACCESS TO, OR ALTERATION, THEFT OR DESTRUCTION OF INFORMATION DISTRIBUTED OR MADE AVAILABLE FOR DISTRIBUTION VIA THE SERVICES THROUGH ACCIDENT, FRAUDULENT MEANS OR DEVICES. WE SHALL HAVE NO LIABILITY WITH RESPECT TO OUR OBLIGATIONS UNDER THESE TERMS OF USE OR OTHERWISE FOR CONSEQUENTIAL, EXEMPLARY, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Indemnification.

You will indemnify and hold harmless our company, its parent, affiliated and subsidiary entities, and the successors, licensees, assigns, officers and directors of each from and against any and all claims, losses and damages (including reasonable attorney's fees) constituting and arising out of your breach of any of the provisions of these Terms of Use.

Governing Law.

These Terms of Use shall be governed by and construed in accordance with the laws of the State of Washington.

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