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LEGAL TERMS OF USE
Athene Annuity & Life Assurance Company of New York requires each visitor (“User”) of this Web site (“Site”) to adhere to the following terms and conditions. Please carefully read these terms and conditions below before using this Site or any of the programs, content or material available through this Site. Use of this Site is expressly conditioned on your acceptance of these terms and conditions. By using this Site or any of the programs, content or material available through the Site, you signify your assent to and acceptance of these terms and conditions. If you do not agree with any part of the terms and conditions set forth below, you must not use this Site or any portion of this Site. Athene Annuity & Life Assurance Company of New York (“Athene Annuity NY”, “us”, “we” or “our”) reserves the right, at our discretion, to change, modify, add or remove portions of these terms at any time. Therefore, we suggest that you review these terms periodically for changes. By using our Site after we have posted changes to these terms and conditions of use, you are agreeing to be bound by these terms as amended.
Who We Are
Athene Annuity NY is a New York domiciled insurance company with its office located in Nyack, NY. Athene Annuity NY is a subsidiary of Athene Annuity & Life Assurance Company, a Delaware insurance company licensed in 49 states and the District of Columbia (not licensed in New York).
FORWARD LOOKING STATEMENTS
This Site may contain opinions and statements that are forward looking. These statements include, but are not limited to, discussions related to the expectations of Athene Annuity & Life Assurance Company and its subsidiaries regarding the performance of its business, its risk based capital, its liquidity and capital resources and other non-historical statements. When used in this Site, the words “believe,” “anticipate,” “estimate,” “expect,” “intend” and similar expressions are intended to identify forward-looking statements. These statements are subject to certain risks, uncertainties and assumptions, and no assurance is given that any of these expectations will prove to be correct or will remain unchanged.
Disclaimer
DECISIONS BASED ON INFORMATION CONTAINED ON THE SITE ARE THE SOLE RESPONSIBILITY OF THE VISITOR, AND AS CONSIDERATION FOR ACCESS TO THE SITE, YOU AGREE TO HOLD EACH OF ATHENE ANNUITY NY AND ITS AFFILIATES AND EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS, MANAGERS, PARTNERS, MEMBERS, SHAREHOLDERS, EMPLOYEES, AFFILIATES AND AGENTS HARMLESS FROM AND AGAINST ANY CLAIMS WHATSOEVER AND OF ANY NATURE FOR DAMAGES ARISING FROM ANY DECISIONS THAT YOU MAKE BASED ON SUCH INFORMATION.
Products and Services
The information contained on the Site is not an offer to sell or a solicitation to buy any insurance product. Some products may not be available in all states. Product and service descriptions are not intended to be complete descriptions of all terms, exclusions and conditions applicable to the products and services, but are provided for general information purposes only.
Customer Complaints
Users who have complaints regarding the Site may address such concerns in writing to Athene Annuity NY. Contact information can be found by selecting the Contact Us link on this Site.
Use
This Site, each of its components, and the content, programs, materials and information on the Site are intended for your personal use. You are prohibited from using them for commercial purposes without our prior written consent. This Site, and the content provided on this Site, may not be copied, reproduced, republished, uploaded, posted, transmitted or distributed without our prior written consent. Unauthorized use of this Site or the materials contained on this Site may violate applicable intellectual property or other laws. You are prohibited from posting on or transmitting to or through the Site any unlawful, threatening, libelous, defamatory, obscene, indecent, inflammatory, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability or otherwise violate any law.
Insurance Information
Information available through this site is not intended to be used as the sole basis for any insurance decision, nor should it be construed as advice designed to meet the particular needs or suitability of an individual purchaser of insurance.
Copyrights
Material on this Site, including but not limited to texts, images, illustrations, software, audio clips and video clips, is owned or otherwise provided by Athene Annuity NY. Athene Annuity NY does not represent or warrant that such material does not infringe the rights of any other person or entity. Certain names, words, titles, phrases, logos, icons, graphics or designs or other content in the pages of this Site are trade names or trademarks owned by Athene Annuity NY, or trade names or trademarks licensed to it. The material on this website is protected in the United States and in other jurisdictions by the U.S. Copyright Act and by virtue of the applicable international treaties. The display of trademarks and trade names on pages at this Site does not imply that a license of any kind has been granted to anyone else. Consequently, the material on this Site may not be copied, reproduced, republished, downloaded, posted, transmitted, distributed or modified, in whole or in part in any form whatsoever, including but not limited to text, audio, video or executable, without the prior written consent of Athene Annuity NY. Nothing in this website is to be interpreted as conferring a right to use the material protected by the U.S. Copyright Act. The information is for your personal use only.
EXCLUSION OF WARRANTY
ATHENE ANNUITY NY MAKES NO WARRANTIES OF ANY KIND REGARDING THIS SITE OR THE CONTENT, PROGRAMS OR MATERIAL PROVIDED ON THIS SITE, ALL OF WHICH ARE PROVIDED ON AN “AS IS” BASIS. ATHENE ANNUITY NY DOES NOT WARRANT THE ACCURACY, COMPLETENESS, CURRENCY, RELIABILITY OR AVAILABILITY OF ANY OF THE CONTENT, PROGRAMS, MATERIAL OR DATA FOUND 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 ANY SUCH WARRANTIES OR CONDITIONS ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE. SOME STATES MAY NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING EXCLUSION AND DISCLAIMER MAY NOT APPLY TO THE USER.
LIMITATION OF LIABILITY
LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ATHENE ANNUITY NY WILL NOT BE RESPONSIBLE, AND WILL NOT BE LIABLE, FOR ANY DAMAGES TO THE USER’S COMPUTER EQUIPMENT OR OTHER PROPERTY ARISING FROM THE USER’S USE OF, BROWSING IN OR DOWNLOADING OF ANY CONTENT, PROGRAMS, MATERIALS, DATA, TEXT, IMAGES, AUDIO OR VIDEO FROM THE SITE. IN NO EVENT WILL ATHENE ANNUITY NY BE LIABLE FOR ANY INJURY, LOSS, DAMAGE OR CLAIM, OR ANY SPECIAL, EXEMPLARY, PUNITIVE, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, LOST PROFITS OR SAVINGS), WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, ARISING FROM OR IN ANY WAY CONNECTED WITH (1) ANY USE OF THIS SITE, OR CONTENT, PROGRAMS OR MATERIALS PROVIDED THROUGH THIS SITE, (2) ANY FAILURE, DELAY, OR UNAVAILABILITY (INCLUDING, BUT NOT LIMITED TO THE USE OF OR INABILITY TO USE OR ACCESS ANY CONTENT, PROGRAMS, MATERIAL OR DATA PROVIDED ON THE SITE), OR (3) THE PERFORMANCE OR NON-PERFORMANCE OF ATHENE ANNUITY NY EVEN IF ATHENE ANNUITY NY HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES TO THE USER OR ANY OTHER PERSON.
Links to Other Sites Use
This Site may contain links to other Web sites which are provided as a convenience to you and not as an endorsement by Athene Annuity NY of the contents of those Web sites. Athene Annuity NY will not be responsible for the content of any other Web site and makes no representation or warranty regarding any other Web site or the contents or materials on those sites. If the User decides to access other Web sites, the User does so at the User’s own risk.
Indemnification
The User shall indemnify Athene Annuity NY and its affiliates and each of their respective officers, directors, employees, agents and affiliates from and against any claim, damages, cause of action or demand, including, but not limited to, reasonable legal, accounting and other professional fees, brought by or on the User’s behalf or by third parties as a result of the User’s use of this Site, or any content, programs or materials provided through this Site.
Modification
Athene Annuity NY may at any time modify these terms and conditions in whole or in part. The User’s continued use of this Site, or any content, programs or materials provided through this Site, will be subject in all respects to the terms and conditions in force at the time of that use
Assignment
The User may not assign the User’s rights or delegate the User’s duties or obligations under this agreement. Athene Annuity NY may, at any time, assign its rights or delegate any or all of its obligations under this agreement without prior notice.
Severability
These terms and conditions will be deemed severable so that if any provision is determined to be unenforceable or invalid, that provision will nonetheless be enforced to the fullest extent permitted by applicable law, and that determination will not affect the validity or enforceability of any other remaining provision.
Headings
The headings used in these terms and conditions are included for convenience only and will not limit or affect in any way these terms and conditions.
New York Law
The laws of the State of New York (without giving effect to its conflicts of law principles) govern all matters arising out of this agreement. You agree that any dispute or action at law or in equity arising out of or relating to these terms or your use of the Site shall be commenced only in the State or Federal Courts located in New York and you hereby consent to submit to the jurisdiction of such courts for the purposes of any such dispute or action.
Entire Agreement
These terms and conditions, together with those incorporated by reference herein, constitute the final agreement between the User and Athene Annuity NY. It is the exclusive expression of the parties’ agreement on the matters contained in this agreement. All prior and contemporaneous negotiations and agreements between the parties on the matters contained in this agreement are expressly merged into and superseded by this agreement. The provisions of this agreement may not be explained, supplemented, or qualified through evidence of trade usage or a prior course of dealings.

 

Athene Annuity & Life Assurance Company of New York, Nyack, NY.
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