Terms of Use

Information

This web site is owned by SimpleDisability Insurance, inc. and its affiliates (collectively, “Simple”).

Please read these Web Site Terms of Use (“Terms of Use”) carefully before starting to use this web site. By accessing, viewing, or using the systems, services or materials on any sites linking to these Terms of Use (e.g., mutualofomaha.simpledisability.com, simpledisability.com collectively known as the “Site”), you indicate your understanding of these Terms of Use, and further agree to accept such Terms of Use and to be legally bound by them. If you do not wish to agree to these Terms of Use, you should leave this Site.

A. AVAILABILITY AND USE OF MATERIALS ON THE SITE

“Materials” include information, forms, documents, Software and other content present on or available to you from the Site. “Software” means any computer software accessible to sales professionals who have registered to use our sales professionals’ Site. Simple may withdraw, revise, enhance or update the Site, and any services or Materials provided on the Site at any time. Materials which offer descriptions or information on available products are intended as general information and may not contain complete descriptions of all applicable terms, exclusions and conditions.

B. INTELLECTUAL PROPERTY RIGHTS, COPYRIGHT AND PROPRIETARY RIGHTS IN MARKS, LOGOS AND MATERIALS

The Site, and its content and functionality (including all information, Software, tests, displays, images, video and audio, and the design and arrangement thereof), are owned by Simple, its licensors or other providers of the content and functionality, and are protected by United States copyright and other applicable laws. Likewise, all service marks, logos and Materials located on the Site are owned by Simple unless otherwise indicated, and are also protected by United States copyright laws and all other applicable laws. Removal or reproduction, by any means, of any content and functionality, Materials, logo, service mark, or the name of Simple, is expressly prohibited without the prior written consent of Simple.

C. LICENSE TO USE MATERIALS

Simple grants you a non-exclusive, non-transferable, temporary license to use Materials. Simple may revoke your license to use any Material at any time, upon notice to you, if you fail to comply with these Terms of Use, or for any other reason. In no event shall the Materials be used in any manner which Simple deems to be contrary to Simple’s best interests.

D. LICENSE TO USE SOFTWARE

Permission to use the Software is granted only if you have registered to use the Simple sales professionals’ Site containing Software. If you are thus permitted to use the Software, Simple grants you a non-exclusive, non-transferable, temporary license to use the Software. The Software is the sole and exclusive property of Simple, or Simple’s third party vendor, as identified by the Software. If Simple’s authorization to use third party Software expires or terminates, your license to use the Software is immediately and automatically revoked. You agree to use the Software exclusively in conjunction with the marketing of Simple’s products and in accordance with procedures established by Simple. UNDER NO CIRCUMSTANCES OTHER THAN FOR BACKUP OR ARCHIVAL COPYING PURPOSES MAY YOU COPY THE SOFTWARE OR ANY PORTION THEREOF WITHOUT SIMPLE’S PRIOR WRITTEN CONSENT. YOU ARE NOT OTHERWISE AUTHORIZED TO COPY, REVERSE ENGINEER, DECOMPILE, OR USE THE SOFTWARE IN ANY MANNER OTHER THAN AS EXPRESSLY AUTHORIZED IN THESE TERMS OF USE.

E. CHARGES

If Simple discloses at the time of your use or download of any Materials that Simple will charge you for use of the Materials, then your use of those Materials means that you agree to pay to Simple any license or use fee then being charged by Simple to use specified Materials. All such fees are non-refundable.

F. COMMUNICATIONS WITH THE SITE

Except as set forth in Simple’s Privacy Policy or as required by privacy laws, if you elect to communicate with Simple via the Site or e-mail, you acknowledge that the information contained in your message shall not be considered confidential and that Simple shall be free to disclose or otherwise use such information contained therein without any liability or limitation, including but not limited to creating and marketing products and/or services using such information. Simple is not responsible and shall not be liable for the contents of information, messages or other content posted to the Site by visitors or persons other than Simple employees. Opinions or comments contained in such items reflect the views of the author and not of Simple unless Simple expressly states to the contrary.

G. LINKS TO OTHER WEB SITES

The Site may, from time to time, contain links to other internet web sites for the convenience of users in locating information and services that may be of interest. You acknowledge that these third-party sites are maintained by persons or organizations which Simple does not control, and Simple expressly disclaims any responsibility for the content, the accuracy of the information and/or quality of products or services provided by or advertised on these third-party sites. Simple does not control, endorse, promote, or have any affiliation with any other web site unless expressly stated in the Site or in the other web site.

H. USE OF THE INTERNET

Use of the Internet is solely at your own risk and is subject to all applicable state, national and international laws and regulations. While Simple endeavors to apply security protocols which are necessary and appropriate to the types of electronic communications which occur through use of the Site, the confidentiality of any communication or material transmitted to or from Simple via the Site, other web sites or internet e-mail cannot be guaranteed, including personal information such as your address or social security number. Simple will not be liable for any loss resulting from a cause over which Simple has no direct control, including but not limited to, failure of electronic or mechanical equipment or communication lines, telephone or other connection problems, computer viruses, unauthorized access, theft, operator errors, severe weather, earthquakes, natural disasters, strikes or other labor problems, wars, or governmental restrictions.

I. DISCLAIMER OF WARRANTY AND LIMITATION OF LIABILITY

USE OF THIS SITE IS ENTIRELY AT YOUR OWN RISK. IN NO EVENT SHALL SIMPLE BE LIABLE TO YOU, OR TO ANY THIRD PARTIES, FOR ANY DAMAGES YOU OR A THIRD PARTY MAY SUSTAIN DUE TO YOUR USE OR INABILITY TO USE THE SITE OR ANY MATERIALS, EVEN IF SIMPLE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. SIMPLE SHALL NOT BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOST REVENUES OR LOST PROFITS, WHICH MAY RESULT FROM THE USE OF, ACCESS TO, OR INABILITY TO USE THESE MATERIALS. UNDER NO CIRCUMSTANCES WILL THE TOTAL LIABILITY OF SIMPLE TO YOU EXCEED THE PRICE PAID FOR USE OF THE SITE. THE SITE AND MATERIALS ARE PROVIDED “AS IS.” TO THE MAXIMUM EXTENT PERMITTED BY LAW, SIMPLE DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. THE INFORMATION PRESENTED ON OR THROUGH THE SITE IS MADE AVAILABLE FOR GENERAL INFORMATIONAL PURPOSES ONLY AND SIMPLE DOES NOT WARRANT THE ACCURACY, COMPLETENESS OR USEFULNESS OF THIS INFORMATION. SIMPLE DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SITE OR ANY MATERIALS WILL MEET ANY REQUIREMENTS OR NEEDS YOU MAY HAVE, OR THAT THE SITE OR ANY MATERIALS WILL OPERATE IN AN ERROR-FREE OR UNINTERRUPTED FASHION, OR THAT ANY DEFECTS OR ERRORS IN THE SITE OR MATERIALS WILL BE CORRECTED, OR THAT THE SOFTWARE IS COMPATIBLE WITH ANY PARTICULAR PLATFORM. SOME JURISDICTIONS DO NOT ALLOW THE WAIVER OR EXCLUSION OF IMPLIED WARRANTIES SO THEY MAY NOT APPLY TO YOU.

J. INDEMNIFICATION

You agree to defend, indemnify, and hold harmless Simple, its affiliates and subsidiaries, and all of their respective directors, officers, employees, representatives, proprietors, partners, shareholders, members, employees, principals, agents, predecessors, successors, assigns, and attorneys from and against any and all claims, proceedings, damages, injuries, liabilities, losses, costs, and expenses (including attorneys’ fees and litigation expenses) relating to or arising from your use of the Site, any breach by you of these Terms of Use, your negligent or intentional acts, errors or omissions in regard to the subject matter of these Terms of Use, or your failure to comply with applicable laws.

K. GOVERNING LAW AND JURISDICTION

These Terms of Use are governed by the laws of the State of California without regard to that state’s principles of conflicts of laws. You consent to the jurisdiction of the federal and state courts presiding in Sunnyvale, California, and irrevocably agree to accept service of process by mail, and hereby waive any and all jurisdictional and venue defenses otherwise available. This Site is controlled and operated by Simple from its offices within the United States. Simple makes no representation that Materials on the Site are appropriate or available for use in other locations, and access to them from territories where their contents are illegal is prohibited. Those who choose to access this Site from other locations do so of their own volition, agree to use the Site only for lawful purposes, and are responsible for compliance with applicable laws.

L. PRODUCT NOTICE

The product information contained on this Site has been prepared for informational purposes only and is not intended to constitute a solicitation or offer for sale, unless specifically indicated otherwise. All products listed may not be available in all states. For further information, please contact your nearest Simple representative who can provide you with costs and complete details.

M. CHANGES TO THE TERMS OF USE

Simple may revise and update these Terms of Use from time to time, in its sole discretion. All changes are effective immediately when posted and apply to all access to and use of the Site thereafter. Your continued use of the Site following the posting of revised Terms of Use means that you accept and agree to the changes.