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TermSelect.com Web Site User Agreement

This page contains the Terms of Service governing use of this website. This Terms of Service are binding on all Users of this TermSelect.com web site. You should visit this page periodically to review its contents for any updates and changes. The terms “User” and “you” are used interchangeably throughout this Agreement to refer to all persons using this web site.

1. TermSelect is service of Insurance Marketing Services Group, Inc. (IMSG), a Texas Corporation headquartered in Dallas, Texas.

2. TermSelect facilitates the purchase of term life insurance for consumers throughout the United States. The purpose of this TermSelect.com website is to provide services and information for Users who wish to purchase term life insurance. Our goal is to help you find the lowest rates available for term life insurance to meet your individual needs and provide the most convenient way for you to purchase the insurance coverage best suited to your needs. We provide general insurance information from respected sources, estimated insurance quotes from a wide range of insurance companies and, when customers request insurance coverage, referrals to insurance companies or their agents.

3. We provide free life insurance quotes for all Users who are: a) a U.S. resident, and b) of legal age (age 18 or older).

4. We not endorse or recommend any particular companies or insurance policies.

5. By accepting the Terms of Service as outlined herein, you (“User”) indicate to TermSelect.com that you have read, understand and accept these Terms of Service and agree to comply with them when using this web site. Any user who does not accept and agree to abide by these Terms of Service has no legal right to use this TermSelect.com web site or our services.

6. User acknowledges that you have read, understand and agree to the Disclaimer posted on this web site and how it applies to you as a User of TermSelect.com services.

7. We reserve the right to update or modify these Terms of Service at any time, at our discretion, according to new circumstances that may arise or as a result of legal, market, technological or other change. We therefore encourage you to review our Terms of Service from time to time to ensure your ongoing knowledge and acceptance and compliance with them.

8. We do not issue insurance contracts or bind coverage. If you submit an application request through our web site an authorized agent of the insurance company offering the coverage will follow up with you to complete the transaction.

9. Because you will need to provide contact and other personal information in order to receive the most accurate quote possible, we encourage you to first review our Privacy Policy.

10. The information and tools we provide for our Users are intended to assist you in making your own decisions about insurance. As stated in our Legal Disclaimer, we can not and do not provide professional, legal, tax or financial advice.

11. Any User who submits a completed application request will be contacted by a licensed life insurance agent to follow-up personally regarding that application.

12. User agrees and understands that a representative of TermSelect.com may contact you by phone or email to follow up regarding your request for life insurance to verify information for the purpose of giving you the most accurate quote possible.

13. User agrees and understands that you should read our Privacy Policy before entering any personal information. In most cases insurance quotes are provided to you anonymously.

14. Users have no obligation to purchase any insurance policy when using our TermSelect.com web site.

15. If you do wish to purchase insurance coverage, you may request an insurance policy application by following the instructions you will see on our TermSelect.com web site screen when you receive quotes.

16. Insurance Company Rates

Although we make every effort to provide timely and accurate information, insurance prices are subject to change. We are not responsible or liable for the accuracy and correctness of any information provided to User through our TermSelect.com web site or from any insurance company whose name appears on this web site.

We believe the information provided on this web site to be accurate, and we make every effort to minimize errors. However, because information and rates can change quickly, we cannot and do not guarantee the accuracy of the information provided on our site. If you find an error or any inaccuracy please inform us of such.
All insurance rates are estimates and are generally reflective of the prices for the best rate classes available for various life insurance products as of the date that any rate comparisons are prepared by TermSelect.com.
Rates provided in this manner are not firm quotes or offers, but rather estimates which are based on information provided to us by you and by the various insurance companies. Rates and availability are subject to underwriting approval by the insurance company selected, and the criteria to qualify varies widely among insurance companies
Rates, plans, and availability also vary by state. Rates on most level term life insurance plans will typically increase annually after the initial guarantee period ends. Initial guarantee periods vary, and typically range from 1 to 30 years, depending upon the product you select. Suicide, misstatement, and misrepresentation restrictions may apply. Availability of premium rates and policy forms may be changed by each insurer without prior notice.
We may occasionally provide premium rates, features, financial strength ratings, and/or other information about certain companies and products for which we are not appointed to sell. This information is provided as a courtesy and should not be construed as a solicitation or invitation for application for the sale of such products.
Users can obtain additional information regarding third-party ratings, including the scope and extent of such ratings, at www.ambest.com.
The insurance quotes and referral services available through this web site are the result of business arrangements that we have with various unaffiliated Insurance Service Providers, each of which receives information about specific insurance policies and rates from a number of insurance companies. We believe this information is reliable, but we have not independently verified its accuracy.
Insurance quotes which we supply to Users through this TermSelect.com web site are not firm quotes or offers. They are estimates based on information provided or publicly available from participating insurance companies and based on the information supplied by you.
Insurance rates and policies described may not be available to you due to restrictive state laws, a lack of underwriting approval by the insurance company, or other factors. Policy terms and descriptions shown on this site are summaries only, and are subject to the complete policy terms and conditions. Please read your insurance policy and address any questions to the insurance company or its agent.

17. User understands and agrees that the application which you request and receive is not an insurance application, but rather a request for an application for insurance.

18. All required applications, supplemental forms, and other documents necessary to evaluate and/or apply for life insurance coverage will be provided as soon in the process as they become necessary

19. Term Life Insurance Policy forms can vary by state. The agent who calls you to complete our application will have the appropriate form for your state.

20. Appropriate and Permitted Use of this Website Users may not, under any circumstances, use this website to contribute, post or transmit any material of an infringing, threatening, abusive, hateful, harassing, libellous, inflammatory, obscene, indecent, pornographic, profane nature that could constitute or encourage conduct that would be considered a criminal offence, give rise to civil liability or otherwise violate any law.

21. Ownership and Use of Web Site Content, Graphics, Logos, Software, Data, Tools and all other Material – Intellectual Property Rights This TermSelect.com website, including its design, text, content, graphics, images, logos, tools, and software are the exclusive property of IMSG. and are protected under federal and state laws protecting intellectual property, including applicable copyright and trademark laws.

All content, pages, data, and designs contained in this web site (except Insurance Company names and logos) are owned and copyrighted by IMSG. and may not be copied or reproduced, in whole or in part, in any form without the express written consent of IMSG.
Insurance Company names and logos appearing on this site are owned and remain the exclusive property of the respective insurance companies.
TermSelect.com bears responsibility for the content of the advertisements that we create, but not the method and manner of deliver of such advertisements. D. Notwithstanding anything in any other past or current agreements to the contrary, our advertising vendors represent that all means used to generate leads, including the serving/display of any advertisements, sending of mail, email, or telemarketing, are legal and do not violate the state or federal laws in the jurisdiction in which they are delivered.
No information, documents or forms used on this TermSelect.com web site may by reproduced, reposted, republished, distributed, publicly displayed, modified, used for public or commercial purposes or gain without the advance, express, written consent of TermSelect.com, its employees, agents, or authorized representative. Any unauthorized use of such material found on this web site may be considered a violation of applicable intellectual property, internet security, and other applicable laws governing this Agreement.
Any third party trademarks (those of insurance companies) are the property of their respective owners.

22. User hereby understands and agrees that when you fill out our quote request form you are explicitly initiating a relationship with us (as defined by the National Do Not Call Registry), inviting and consenting to the receipt of information by TermSelect.com and, as such, are indefinitely waiving any right to claim that we or our affiliates contacted you without your express consent. At any time we will immediately honor any request to be placed on our internal "do not contact" list.

23. User hereby understands and agrees the underwriting (risk assessment) will not begin until after the completed, hard-copy, signed application is received by the insurance company.

24. In conjunction with any formal application for insurance, except as may be provided in a properly-executed Conditional Receipt, no coverage is in force until the insured has received the issued policy, paid the premium and completed any other policy delivery requirements that might be required by the insurance company. If there is any question, concern or ambiguity regarding this issue, please refer to the language on the insurance company's application form.

25. Users are hereby advised, understand and agree that you, as a “proposed insured” should NOT to cancel any existing coverage UNTIL you have received your new policy from the issuing company and found it to be satisfactory. Even if you are applying for coverage to replace an existing policy, NEVER cancel the existing coverage until the new policy is approved, in force, delivered and paid for.

26. TermSelect.com provides all Users with a Free look on all policies for you to review for a period of 10 days (or longer if your state insurance laws specify) to look over any new policy and if, for any reason, you decide to cancel the policy within 10 days after receiving it, you will receive a full refund of all premiums paid, no questions asked.

27. Indemnification and Hold Harmless Clause

User acknowledges and agrees to indemnify and hold harmless IMSG, its officers, directors, employees, agents, affiliates and representatives from and against any claim, cause of action or demand, including but not limited to reasonable legal, accounting and other professional fees that may result from any use or misuse of the content, tools or materials on this website. We will notify user within a reasonable time period (30 business days) of learning of any such claim, suit or proceeding.
User agrees to indemnify and hold harmless, IMSG, its employees, representatives, agents or others acting on its behalf, from any liability resulting from any legal action, claim or dispute.

28. Corporate Liability Disclaimer

Users of this TermSelect.com website, including its tools, content and software do so at their own risk.
Because it is not feasible to authenticate users on the Internet; we cannot and do not verify or confirm that a User is, in fact, the person who he or she purports to be when using our web site services.
User agrees to release IMSG, its agents, employees and affiliates from any or all claims, demands and damages – actual and consequential, direct and indirect, express and implied – of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of, or in any way connected with, any disputes between or among users of this TermSelect.com web site and any insurance company or other insurance policy provider from whom User purchases a life insurance policy or otherwise obtains insurance coverage as a result of or arising out of the use of our TermSelect.com web site.
IMSG, its employees, agents or other representatives acting on its behalf, shall not be responsible for any inaccuracies or typographical errors on this web site, and does not make any representation about the accuracy, reliability, completeness or timeliness of either this website or the information found on it.
User is solely responsible for the content and accuracy of all information, including personal information, submitted to this TermSelect.com web site.

29. Liability Disclaimer – Computer Software and Internet Communications

User agrees, as stated in the Disclaimer posted on this web site, that IMSG shall not be held responsible for late, or lost e-mail, unavailable network connections (cable or phone modem), failed, incomplete, garbled or delayed data transmissions, online failures, hardware, software or other technical malfunctions, disruptions or disturbances or any other communications failures or circumstances that may affect, disrupt or corrupt communications.
IMSG assumes no responsibility, and shall not be held liable for, any damages to, or viral infection of User’s computer system, network or other property resulting from user’s access to, browsing of or use of the TermSelect.com website or the downloading of any materials, data, text, graphics, or other material from our web site. Any material that User downloads or otherwise obtains through our services or web site is done at User’s own risk and discretion. User is solely responsible for any damage to user’s computer system or any loss of data that may result from downloading such material.
Under no circumstances, will IMSG, its employees, agents, representatives or others acting on its behalf be liable for any injury, loss, claim, damage or any special, exemplary, punitive, direct, indirect, incidental or consequential damages of any kind (including, but not limited to lost profits, savings, goodwill, use, data or other intangible losses), whether based in contract, tort, strict liability or otherwise, which may arise out of or in any way whatsoever connected to the use of or access to our website content or services, any failure, delay or inability to use our service, cost of procurement of substitute services, unauthorized access to/alteration of your transmissions or data, statements or conduct of any third party on the service, whether or not we are advised of the possibility of such damages by you or another party.

30. Warranty Disclaimer

A. The information in the website is provided "as is" and without warranties of any kind either express or implied. IMSG hereby disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose.
Except as explicitly provided in the Terms of Service of this Agreement, IMSG makes no representations or warrantees of any kind, express or implied, concerning our website and/or its materials, all of which are provided on an “as is” and “as available” basis. We expressly disclaim all warranties and conditions, including implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement, as well as those arising by statute or otherwise in law or from a course of dealing or usage of trade. C. No information, either verbal or written, that user may obtain through TermSelect.com or our services shall create any warranty that is not expressly stated in this Agreement.

31. Breach

Failure to abide by any of the provisions of this Agreement may be considered as a material breach of contract. In such case, IMSG may provide you with a written notice describing the breach and asking you to provide evidence to the contrary with thirty (30) days. If evidence supplied by User is not satisfactory to IMSG, it reserves the right to cancel or refuse User access to this TermSelect.com web site and services.
User agrees that IMSG’s entire liability, and User’s sole monetary remedy with respect to any material breach of this Agreement by TermSelect.com will be limited the amount of IMSG’s insurance coverage applicable to user’s claim.

32. Revocation and Right of Refusal to Use Web Site

We reserve the right to cancel, deny or refuse service at our sole option and discretion in the event that you have supplied us with information that we find to be false, misleading or that conceals or omits any details that could influence the services we provide to User.
User agrees that IMSG shall not be held liable for any losses or damages that may result from any refusal of access to our TermSelect.com services to User.
We reserve the right to deny user continued right to use our services and web site if user violates the terms of this Agreement or any other governing laws.
We may act, at our sole discretion, as we deem necessary or appropriate, with respect to any information submitted by a user that we believe may result in potential liability for IMSG or may cause us to lose, in whole or in part, the services of our Internet Service Provider (ISP) or other suppliers.

33. User Information Privacy and Confidentiality: Financial and Health Information Privacy

Users can visit our web site anonymously. You are not required to reveal who you are or provide any personal information.
All information submitted on this TermSelect.com website is held in strictest confidence pursuant to our Privacy Policy.
User hereby acknowledges that you have read our Privacy Policy and that you understand and agree with the terms of our Privacy Policy.
Under Federal Gramm-Leach-Bliley Act, you have the right to limit the dissemination of nonpublic personal financial information. We maintain a strict policy against the dissemination of nonpublic personal information which may be found in the files of our clients and applicants. We are aware that such nonpublic personal information is routinely provided by consumers to life insurance companies and related persons including, but not limited to, their agents, wholesalers, and re-insurers, all of whom need this information in order to evaluate their inquiries, provide accurate price quotations, and underwrite their applications for coverage. As such, in order to provide the high level of service our clients have come to expect, you understand and agree that by filling out and submitting a quote request form, or application request form, as a User of our TermSelect.com web site, are granting IMSG permission to evaluate this information, and in our sole judgment, to share it with insurance companies, re-insurers, wholesalers, and other related parties as necessary for the purpose of shopping for, evaluating, making recommendations regarding, and/or underwriting any proposed or existing life insurance coverage. As stated in our Privacy Policy, such non-public personal information is not used for any other purpose.
Links: For your convenience, we may provide links to various web sites maintained by insurance companies or other unaffiliated third parties. While we try to link to sites that we believe are of high quality, we do not recommend or endorse third party sites and cannot be responsible for the information, services or products offered on those sites.

34. Web Site Security and Security of User Information

Users are prohibited from engaging in any activity that violates or attempts to violate the security of this website. This includes, but is not limited to:
1) accessing data not intended for your use;
2) logging into servers or accounts for whose use you are not authorized;
3) trying to probe, test or scan the system or network’s vulnerability or to breach security measures or authentication procedures without authorization;
4) attempting to interfere with service to any user, host or network, including (but not limited to) via means of submitting a virus, worm, or any other software, overloading the system, “crashing” or “spamming”;
5) sending unsolicited email, including promotions/ advertisements of products or services;
6) falsifying any TCP/IP packet header or any part of the header information in any email or newsgroup posting; or
7) impersonating someone else.
Users are prohibited from using any software, device, search engine or other means that may interfere with the proper functioning of this TermSelect.com website or any business activity being conducted on or through this web site.
Navigating or searching this website by any means other than the navigation tools provided on our web site or with a reputable, industry-standard web browser such as Microsoft Explorer or Netscape Navigator is prohibited.
Any attempt to decipher, decompile, reverse engineer or otherwise interfere with any of the software, computer programming, and internet or network system used on this website is strictly prohibited and will be enforced through all appropriate and necessary legal means, including civil or criminal prosecution.
We will investigate and/or report any or all such occurrences to the proper law enforcement authorities and co-operate fully with them in prosecuting users who perpetrate or participate in such violations. Anyone engaging in such prohibited activity shall be held responsible and liable for any and all damages that may result from such prohibited activity to IMSG, its employees, agents or representatives; any other users or customers of the TermSelect.com web site any other parties that may be adversely affected by such prohibited activity.

35. Identification Verification and Termination

We reserve the right, at our sole discretion, to pursue all available legal remedies should any User be found to be in breach of this Agreement or if we are unable to verify or authenticate any information supplied by any User.

36. Severability

In the event that any provision of this Agreement is determined to be unenforceable, invalid, unlawful or void, by any court having competent jurisdiction, then said provision shall be deemed severable from the remaining provisions and shall not affect their validity and enforceability.

37. Governing Law

This Agreement and performance hereunder are governed by the laws of the State of Texas. User hereby consents and voluntarily submits to the jurisdiction of the state or federal courts in the State of Texas for all disputes that may arise out of or relate to the use of this TermSelect.com web site and services provided under this Agreement.

38. Modifications and Updates We reserve the right to modify or update any provisions of this Terms of Service Agreement and the services provided by TermSelect.com under this Agreement at our sole discretion. User acknowledges that any such modification or update will take effect immediately upon posting and be legally binding upon User when posted. User understands it is User’s responsibility to periodically check this Agreement for any changes and, if User continues to use our services following such our posting of such modifications or updates, User must comply with the Terms of Service as modified or updated in order to continue the right to use our TermSelect.com web site services.

39. Entire Agreement

This Terms of Service Agreement constitute the entire agreement between User and IMSG with respect to the use of our TermSelect.com website and services.

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