Presidential Life Insurance Company
Website Terms of Use
Date: 06/1/2010
1. Introduction. This is a legal agreement ("Agreement") between you and Presidential Life Insurance Company (“Presidential,” “we,” “us,” “our”)*. This Agreement governs all use of Presidential’s website at www.presidentiallife.com (the “Website”) and all content therein. Please read the Agreement carefully before registering for and/or using the ARC Website. In addition, please review our Privacy Policy available here, which is incorporated into this Agreement by reference as if fully set forth herein.
2. This is a Binding Agreement. Presidential provides the Website as a secure site for use of customers of Presidential and visitors to the Website. BY REGISTERING AND USING THE SERVICES WE PROVIDE ON THIS SITE YOU AGREE TO THE TERMS OF THIS AGREEMENT AND ALL APPLICABLE LAWS AND OUR PRIVACY POLICY. IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, PLEASE LOGOFF AND DISCONTINUE YOUR USE OF OUR WEBSITE.
3. Amendments to this Usage Agreement From time to time, Presidential may modify, add to or discontinue any portion of this Agreement. Such amendments, modifications, additions or deletions shall become effective upon the date posted on our Website. We advise you of changes to the Website Terms of Use by posting an announcement on our Website Welcome Page. Continued use of the Website by you shall be deemed your acceptance of any such amendments, modifications, additions or deletions. It is therefore important that you review this Agreement and the Website frequently to ensure you are updated as to any changes.
4. Compliance with Laws. Use of the Website is subject to compliance with all applicable international, federal, state and local laws and regulations.
5. Content
(a). Information We Provide About Our Products and Services. None of the information contained in our website or any information we provide upon request with respect to any of our products or services is intended to constitute an offer or solicitation for those products or services in any jurisdiction in which we are not licensed to conduct business or where the product or service is not approved for sale.
(b). We Do Not Provide Legal, Tax, Investment of Business Advice. the information on our website is provided for informational purposes only. It is not intended, nor should it be construed as, either legal, tax, business or investment advice.
(c). No Guarantee of Accuracy, Completeness or Usefulness. Presidential does not guarantee the accuracy, completeness, or usefulness of any information on the Website and neither adopts, endorses or is responsible for the accuracy or reliability of, any opinion, advice or statement made. Under no circumstances will Presidential be responsible for any loss or damage resulting from your reliance on information or other Content posted on the Website, or transmitted to Website registered users or visitors.
(d). No Guarantee of Computer System Compliance or Functionality. Presidential does not guarantee that your computer hardware and software that you use to access the internet and the Website will be compatible with the Website or other information provided by Presidential over the internet, nor does it guarantee that its transmission of information will be accurate or complete. Given the nature of electronic transmissions, Presidential cannot guarantee that its Website will always be operational or accessible. Under no circumstances will Presidential be responsible for any loss or damage resulting from computer system failure, inconsistent or failed system access or other failures of computer systems.
(e). Computer Viruses and Malware. Presidential takes all commercially reasonable steps to ensure that the Website and all other websites it operates are free of computer viruses and other computer codes which can cause damage to computer systems (“malware”). However, as no efforts can entirely eliminate the risks of viruses and malware, under no circumstances will Presidential be responsible for any loss or damage resulting from computer viruses or other malware transmitted to your computer from the Website.
6. Privacy. We consider the information you provide us to be confidential. Our collection of information and how we handle it is detailed in our Privacy Policy. Presidential’s handling and use of all submitted information, will be pursuant to our Privacy Policy. In the event of conflicting statements any statement made in this statement supersedes any statement made in the Privacy Policy.
7. Third Party Websites. The Website and other Presidential websites provide links to Internet sites maintained by other parties (“third-party sites”). Links to these third-party sites are provided “as is” and without warranties of any kind, either expressed or implied. Presidential does not warrant that the functions contained in the sites will be error-free, that defect will be corrected, or the server that makes them available is free of viruses or other harmful components. For your own protection, we urge that you always read the security, privacy and usage policies posted on these websites.
9. Registration and Log-in Procedures. In order to access Presidential’s Websiteas a customer, you must register with us. To register click HERE.
(a). Validation Process. The information you provide during the registration process will be validated against the latest information we have on record about you. If you have not kept us informed of any changes to information against which we validate, registration and access will be denied. We provide instructions during the LogIn/Registration process as to how to contact us if you experience problems.
(b). We validate each Login very carefully to ensure security. If the information you provide is incorrect or we find improper use of the Website, we retain the right to deny you access. Your registration and access to the Website will automatically be revoked if any of the following events occur:
i. Your relationship with Presidential is terminated for any reason.
ii. You violate this Agreement.
10. Registration Term. Your Registration will remain in force unless and until terminated by you or by Presidential pursuant to this agreement. You may terminate your registration at any time by providing notice to Presidential.
11. Representations. By using the Website, you represent and warrant that::
(a) all registration information you submit is truthful and accurate;
(b) you will maintain the accuracy of such information;
(c) you are 18 years of age or older; and (d) your use of the Website does not violate any applicable law or regulation. Minors (under 18 years old) may not become registered users.
12. Termination of Membership. Either you or Presidential may terminate your Membership at anytime, for any reason, effective upon sending written notice to the other party. Presidential reserves the right to immediately suspend or terminate your access to the Website without notice, upon any breach of this Agreement by you which is brought to Presidential's attention.
13. Confidentiality and Security.
(a). Website is Confidential. This site provides services to Presidential’s Customers. The material provided is supplied to you as a customer of Presidential Life Insurance Company and may not be shared with other parties. The Website content is proprietary and confidential information. You may not modify, copy, reproduce, transmit or disclose in full or in part any materials or software provided on this site except in the course of doing business with Presidential.
(b). Your Obligation to Insure Confidentiality.. You agree that you will protect as confidential all confidential information, including but not limited to customer information, contained in the Website. It is your responsibility to keep all information obtained from the Website whether it is in electronic or printed format secured. If you fail to do so and any customer data, or Presidential proprietary information is compromised as a result you will be held solely responsible and liable. You can minimize your security risk by using some of the security guidelines listed below. NOTE: These items are provided to assist you in practicing good security, and are basic tips They should NOT be used as your primary source of information are by no means considered to be a complete security solution . Please consult an information security expert when developing your security solution.
(c). Password :
i. Do not share your password with others. You are liable for all activities conducted in connection with your password, even if such activities are committed by others.
ii. Your password must be at least 8 characters in length and contain at least one number.
iii. Ideally, your password should be easy for you to remember AND impossible for others to guess. For security reasons, we do not store your password in plain text. If you forget your password you must use the “Forgot Password” function on the website to create a new password for you.
iv. You are entirely responsible for maintaining the confidentiality of your password. You agree not to use the account, username, or password of another Customer at any time or to disclose your password to any third party. You agree to notify Presidential immediately if you suspect any unauthorized use of your account or access to your password. You are solely responsible for any and all use of your account. It is also your sole responsibility to notify Presidential if you desire to cancel your registration.
v. Avoid using common words or anything else someone might guess easily such as your name or a family member name, your birthday, or address.
vi. Change your password frequently, and immediately if you believe someone else has knowledge of it.
vii.. Do not save your password automatically using your Internet browser. This will prevent someone from being able to access the Website from your computer without knowledge of your password.
(d). Avoiding Security Breaches..
i. Any user who finds a possible security lapse is obligated to report it to Presidential.
ii. If using a notebook/laptop/portable computer you should protect access to the hard drive, by requiring a password to logon to the computer. You should also encrypt the contents of the hard drive. This will help protect the data on the hard drive in case of theft. In addition, if you do lose your computer, change your Website password immediately.
iii. Do not leave your computer unattended.
iv. Install a good antivirus/security software package on your computer, and keep it up to date.
v. Logout. You will find a Logout item on the main navigation bar of the Website. Logout when you’ve finished using the Website. Although it is safer for you to logout after you complete your transactions, you will be automatically disconnected if your connection remains inactive for several minutes. If for any reason your secure session is interrupted, we require you to login again to make sure the integrity of our security policy is maintained.
14. Prohibited Activities. The Website may not be used in any manner that is unlawful or harmful to the rights of Presidential, any other Customer or any third party. In no event shall you use the Website in a manner that exceeds the specific authorization granted by Presidential under this Agreement or by other express written agreement. Specifically you shall not:
(a) attempt to retrieve, alter, or destroy data on, from or through the Website except as specifically permitted;
(b) test the vulnerability of , or breach, system or network security measures on, from or through the Website;
(c) interfere with or disrupt the Website or the services of Presidential;
(e) interfere with or disrupt any computer, host, network, or telecommunications device maintained by any third party;
(f) interfere with or disrupt the legitimate use of the Website by anyone;
(g) transmit, copy, download, use, distribute, disseminate, publish or store any information that is in violation of any applicable law or regulation or is defamatory, abusive, obscene, indecent, or harassing, or that threatens or encourages injury to persons or property or which infringes the lawful rights of Presidential, any other Customer or any other party including copyright, trademark, trade secret, patent or other intellectual property rights;
(h) violate the privacy rights of and entity or individual;
(i) use any technology that is or reasonably should be known to contain any computer code designed to disrupt, destroy, invade, gain unauthorized access to, corrupt, observe, or modify without authorization, any data, software, computing or network devices, or telecommunications equipment of and Customer, visitor or third party;
(j) use the Website to send or otherwise distribute advertising or promotional materials including unsolicited electronic messages (commonly referred to as “spam”); and
(k) copy any of the contents of the Website except as specifically permitted.
15. Copyrights and Trademarks of Presidential. Presidential Life Insurance Company is the sole owner of all right, title and interest, including copyright and trademark rights, in the text and graphic images that appear on the Website and all other Presidential websites, unless otherwise indicated, and in our trademarks and service marks, including but not limited to the PRESIDENTIAL mark. Our trademarks, text and graphic images appearing on our website may only be used with our prior written permission, and must be presented in its correct form only, in keeping with our corporate standards and state compliance requirements, and in keeping with practices that protect our trademark and copyrighted material. Attribution to the Website and other Presidential websites must be in a form acceptable to us and is subject to prior written approval.
16. Disclaimer of Warranty. PRESIDENTIAL PROVIDES THE WEBSITE ON AN "AS IS" BASIS AND GRANTS NO WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, STATUTORY, IN CONNECTION WITH THE PRESIDENTIAL RESOURCE CENTER OR IN CONNECTION WITH ANY COMMUNICATION WITH PRESIDENTIAL OR ITS REPRESENTATIVES. PRESIDENTIAL SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. PRESIDENTIAL DOES NOT WARRANT THAT YOUR USE OF THE PRESIDENTIAL RESOURCE LIBRARY WILL BE SECURE, UNINTERRUPTED, ALWAYS AVAILABLE, OR ERROR-FREE, OR WILL MEET YOUR REQUIREMENTS, OR THAT ANY DEFECTS IN THE PRESIDENTIAL RESOURCE CENTER WILL BE CORRECTED. PRESIDENTIAL IS NOT RESPONSIBLE FOR INCORRECT OR INACCURATE CONTENT. PRESIDENTIAL CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THIS SERVICE. IF YOU ARE DISSATISFIED WITH THIS SITE YOUR SOLE REMEDY IS TO DISCONTINUE USING THE WEBSITE.
17. Limitation of Liability. IN NO EVENT SHALL THE PRESIDENTIAL PARTIES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES, WHETHER DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, SPECIAL OR CONSEQUENTIAL (INCLUDING, WITHOUT LIMITATION, FOR LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION, PROGRAMS OR DATA), RESULTING FROM ACCESS TO, USE OF, OR INABILITY TO USE THE WEBSITE EVEN IF THE PRESIDENTIAL PARTIES WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND WHETHER ARISING UNDER THEORY OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE. CERTAIN JURISDICTIONS LIMIT THE APPLICABILITY OF WARRANTY DISCLAIMERS AND LIMITATIONS OF LIABILITY SO THE ABOVE DISCLAIMERS OF WARRANTY AND LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, THE PRESIDENTIAL PARTIES’ LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO PRESIDENTIAL IN CONNECTION WITH THE PRESIDENTIAL RESOURCE CENTER DURING THE TERM OF MEMBERSHIP.
18. Indemnification. You agree to defend, indemnify and hold Presidential and each of its subsidiaries, affiliated and related entities, and each of their respective directors, officers, members, shareholders, employees, partners, affiliates and suppliers (collectively the “Presidential Parties”), harmless from any and all claims, liabilities, costs and expenses, including reasonable legal fees, arising in any way from your use or misuse of the Website or your breach or violation of the law or of this Agreement. You agree that the Presidential Parties shall not have any liability to you under any theory of liability or indemnity in connection with your use of the Website. You hereby release and forever waive any and all claims you may have against the Presidential Parties for losses or damages you sustain in connection with your use of the Presidential Resource Center.
19. Applicable Laws. This Agreement shall be governed by and construed in accordance with the laws of the State of New York without regard to principles of conflicts of laws. All proceedings relating to the Website or this Agreement shall be brought in the state or federal courts located in the State of New York and you hereby irrevocably consent to the personal and exclusive jurisdiction of such courts. Presidential does not represent that materials on the Website are appropriate or available for use outside the United States of America. Persons who choose to access the Website from other locations do so on their own initiative, and are responsible for compliance with local laws, if and to the extent applicable.
20. General. This Agreement is accepted upon your use of the Website and is further affirmed by you registering as a Customer This Agreement constitutes the entire agreement between you and Presidential regarding the use of the Website and the materials provided therein. The failure of Presidential to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions.
Please contact us at webmaster@presidentiallife.com or write to us at Presidential Life Insurance Company, 69 Lydecker Street, Nyack, NY 10960 Attention: Webmaster with any questions regarding this Agreement.
I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.
*For purposes of this Agreement, “Presidential Life Insurance Company” includes Presidential Life Insurance Company in Texas doing business as Rockland Life Insurance Company.