Terms of Service

TERMS OF USE

THE FOLLOWING TERMS OF USE GOVERN YOUR ACCESS TO AND USE OF THE ANNUITYTRADER.COM WEB SITE. PLEASE REVIEW THESE TERMS OF USE CAREFULLY BEFORE NAVIGATING OR USING THIS SITE. BY NAVIGATING OR USING THIS SITE, YOU WILL BE DEEMED TO HAVE AGREED TO AND ACCEPTED EACH OF THE TERMS SET FORTH IN THESE TERMS OF USE.

  1. OWNERSHIP OF CONTENT.

This site is owned and operated by AnnuityTrader.com (“Annuity Trader”). All content on this Site is the copyrighted property of Annuity Trader or a third party, and Annuity Trader, on behalf of itself and any third party owners of content on this site, reserves all rights with respect to that content. Neither this site nor any of the content found on this site may be reproduced, republished, distributed, sold, transferred, licensed, displayed, modified, or framed without the express written permission of Annuity Trader and/or the third party owners of such content. Trademarks, logos, and service marks displayed on this site are registered and common law trademarks and service marks of Annuity Trader, its affiliates, and various third parties. Nothing contained on this site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark, logo, or service mark without the express written consent of its owner.

  1. USE OF SITE.

This site is provided for personal, non-commercial use only, and any other use of this site and/or the content on this site is strictly prohibited and may constitute a violation of applicable copyright, trademark, and other laws in the United States and other jurisdictions. You agree that you will not use this site in a manner that violates applicable law or any provision of these Terms of Use. By navigating or using this site, you represent and warrant that you are eighteen (18) years of age or older and have the appropriate legal capacity to enter into legally binding contracts and you agree that you shall be responsible for and shall perform your obligations in respect of any transaction entered into by you through or in connection with such use.

  1. POSTING OF INFORMATION ON THE SITE.

It may be possible for you to add content to this site through the use of billboards, chat rooms, electronic photo albums, or other means. If you use any such features of this site, you agree to do so only for personal, non-commercial purposes and only in a manner appropriate to the function of the site. You further agree not to add any content to the site that is or may be considered to be defamatory, obscene, pornographic, harassing, indecent, unlawful, damaging, false, or invasive of the privacy of others. You also agree not to upload files or software containing computer viruses or other damaging or corruptive software, codes, or materials, and you agree not to upload any content to this site that is violative of the intellectual property rights of others. By posting information or uploading any data to this site, you (a) represent and warrant that you own all rights to such information or data, or have been authorized by the owner of such rights to upload the information or data to this site, and (b) grant Annuity Trader a perpetual, irrevocable license to use and display such data on this site or any successor site. Annuity Trader may decline at any time for any reason or no reason at all to display or continue to display any, in whole or in part, uploaded information or data on this site. Annuity Trader may for any reason or no reason at all terminate this Agreement, your registration, or your access to ANNUITYTRADER.COM or any other site owned by or related to the business of Annuity Trader.

  1. CONDUCT OF TRANSACTIONS; USE OF ADDITIONAL FEATURES.

Transactions conducted on or through this site and the use of certain features on this site (such as sweepstakes and giveaways) may be subject to terms and conditions in addition to those set forth in these Terms of Use. By conducting any such transactions and/or using any such features, you agree to abide by all applicable terms, conditions, laws, and regulations.

  1. PRIVACY POLICY.

You represent and warrant that you have read the Annuity Trader Privacy Policy (the “Privacy Policy”), the terms of which are incorporated herein by reference, and you agree to any use of your personal information in accordance with the terms of the Privacy Policy. You understand that the terms of the Privacy Policy may be amended from time to time and agree to review any amendments to the Privacy Policy following the posting of those amendments on this site. Any access to or use of this site by you following the posting of any amendments to the Privacy Policy shall constitute your acceptance of those amendments.

  1. CHANGES TO TERMS OF USE FOR MEMBERSHIP OR MEMBERSHIP SERVICES

Annuity Trader may change any term in these Terms of Service at any time, without notice to you. The changes will appear in these Terms of Service, and your use of the ANNUITYTRADER.COM web site after any changes have been posted will constitute your agreement to the modified Terms of Service and all of the changes. Your use of this site after such changes will be deemed acceptance of such changes. Annuity Trader operates in a constantly changing business environment. The Terms of Service, as well as the Privacy Policy may change also. Therefore, you should check these Terms of Service frequently when you access the ANNUITYTRADER.COM web site to see recent changes.

Additionally, Annuity Trader reserves the right at any time to: change the Membership Service, including eliminating or discontinuing any content or feature of the Membership Service; or impose fees, charges or other conditions for use of the Membership Service (with reasonable notice).

If any of the terms contained in the Terms of Service become unacceptable to you in the future, you may cancel your membership by notifying the Customer Membership Service Department by email at [email protected] Please allow at least five business days for such cancellation to become effective.

  1. LOG-IN INFORMATION.

You agree to be responsible for and to safeguard any user identifications, passwords, and other information by which you identify yourself to Annuity Trader (your “Log-In Information”), and you agree to be responsible for and to perform all obligations in respect of any transaction entered into by you or any other party that accesses this site through use of your Log-In Information.

  1. LIMITATION OF LIABILITY.

ANNUITY TRADER AND ITS AFFILIATES ASSUME NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO YOU OR YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY AS A RESULT OF YOUR USE OF OR ACCESS TO ANNUITYTRADER.COM OR ANY OTHER SITE OWNED BY OR RELATED TO THE BUSINESS OF ANNUITY TRADER. WITHOUT LIMITING THE FOREGOING, IN NO EVENT SHALL ANNUITY TRADER OR ITS AFFILIATES HAVE ANY RESPONSIBILITY OR LIABILITY FOR INACCURACIES OR TYPOGRAPHICAL ERRORS IN ANY INFORMATION CONTAINED ON THIS SITE, ANY FAILURES OR DELAYS IN SERVICE ON THIS SITE, ANY COMPUTER VIRUSES OBTAINED OR PASSED THROUGH USE OF THE SITE, OR ANY OTHER LOSSES OR DAMAGES ARISING FROM OR RELATING TO YOUR USE OF OR ACCESS TO THIS SITE. IN NO EVENT SHALL ANNUITY TRADER OR ITS AFFILIATES BE LIABLE FOR ANY INJURY, LOSS, CLAIM, DAMAGE, OR SPECIAL, EXEMPLARY, PUNITIVE, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO LOST PROFITS OR LOST SAVINGS), WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, WHICH ARISE OUT OF OR ARE IN ANY WAY CONNECTED WITH (A) ANY USE OF THIS SITE OR ITS CONTENT, OR (B) THE PERFORMANCE OR NON PERFORMANCE BY ANNUITY TRADER OR ANY THIRD PARTY PROVIDERS, REGARDLESS OF WHETHER THE PARTY SOUGHT TO BE HELD LIABLE HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, ANY SUCH EXCLUSION OR LIMITATION MAY NOT APPLY TO YOU.

  1. DISCLAIMER OF WARRANTIES.

ANNUITY TRADER AND ITS AFFILIATES MAKE NO WARRANTY OF ANY KIND REGARDING THIS SITE AND/OR ITS CONTENT, ALL OF WHICH ARE PROVIDED ON AN “AS IS” BASIS. ANNUITY TRADER AND ITS AFFILIATES DO NOT WARRANT THE ACCURACY, COMPLETENESS, CURRENCY, OR RELIABILITY OF ANY OF CONTENT ON THIS SITE AND EXPRESSLY DISCLAIM ALL WARRANTIES AND CONDITIONS, INCLUDING IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, AND THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE. SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO SUCH DISCLAIMER MAY NOT APPLY TO YOU.

  1. INDEMNIFICATION.

You agree to defend, indemnify, and hold harmless Annuity Trader, its affiliates, and their officers, directors, employees, and agents from and against any damages, claims, causes of action, liabilities, or demands, including without limitation associated legal fees and costs, in any way arising from or relating to your use of this site.

  1. LINKS TO OTHER SITES.

This site contains links to other web sites (“Links”). All Links are provided solely as a convenience to you, and not as an endorsement by Annuity Trader or its affiliates of any other web site or content contained thereon. Neither Annuity Trader nor its affiliates shall have any liability or responsibility for, or be deemed to make any representation or warranty with respect to, the content of any other web site by virtue of the inclusion of Links on this site or otherwise.

  1. GOVERNING LAW AND CHOICE OF FORUM.

This Agreement and its performance shall be governed by the laws of the State of Oklahoma, United States of America, without regard to its conflict of law’s provisions. You consent and submit to the exclusive jurisdiction of the state and federal courts located in Oklahoma County, Oklahoma, United States of America, in connection with any dispute arising from or relating to your use of this site and/or these Terms of Service.

  1. ASSIGNMENT.

You may not assign your rights or delegate your duties under these Terms of Service without the express written agreement of Annuity Trader.

  1. SEVERABILITY.

In the event that any provision of these Terms of Use is determined to be unenforceable or invalid, such provision shall nonetheless be enforced to the fullest extent permitted by law, and such determination shall not affect the validity and enforceability of the remaining provisions of these Terms of Service.

  1. HEADINGS.

The headings used in these Terms of Use are for convenience only and shall not affect the meaning of any provisions hereof.

  1. ENTIRE AGREEMENT.

These Terms of Service constitute the entire agreement between Annuity Trader and you relating to the subject matter hereof, and supersede any prior understandings or agreements (whether oral or written) regarding such subject matter.

  1. Copyright Policy.

If you believe that your work has been copied and posted on our site in a way that constitutes copyright infringement, you should provide Annuity Trader with a written notice that sets forth the infringement details. Annuity Trader reserves the right, in appropriate circumstances and at our discretion, to terminate the privileges of any account holder who repeatedly infringes the copyrights or other intellectual property rights of Annuity Trader or others.

Please send the written communication to our Copyright Agent at the following address:

Email: [email protected]

  1. SUBPOENA POLICY.

Annuity Trader accepts subpoenas that are properly issued pursuant to Federal Rule of Civil Procedure 45 and applicable state laws.

For all properly issued subpoenas, upon receipt of a valid subpoena, it is Annuity Trader policy to promptly send notification to the account holder whose information is sought. Annuity Trader will not produce the subpoenaed account holder information until 10 days after the account holder has been notified, so that the account holder whose information is sought will have adequate opportunity take appropriate legal action, should the account holder wish to do so. Annuity Trader will issue invoices for the costs associated with subpoena compliance. We charge $125.00 per hour for research and administrative costs, $26.00 per overnight mail and .50 cents per copy. Annuity Trader will invoice the subpoenaing party prior to production, and payment must be made prior to the production of the subpoenaed information.