PLEASE READ THESE TERMS CAREFULLY. IF YOU DO NOT AGREE WITH ANY OF THESE TERMS OR CONDITIONS, DO NOT ACCESS OR OTHERWISE USE THIS WEBSITE OR ANY INFORMATION CONTAINED ON THIS WEBSITE. THESE TERMS AND CONDITIONS OF USE GOVERN YOUR USE OF www.aegonam.org (COLLECTIVELY, THIS "SITE"). BY ACCESSING THIS SITE, YOU ARE INDICATING YOUR ACKNOWLEDGMENT AND ACCEPTANCE OF THESE TERMS AND CONDITIONS OF USE. THESE TERMS AND CONDITIONS OF USE ARE SUBJECT TO CHANGE, UPDATE AND/OR REVISION (COLLECTIVELY "CHANGE") BY THE AEGON COMPANIES IN THEIR SOLE DISCRETION AT ANY TIME, WITHOUT NOTICE. YOUR USE OF THIS SITE AFTER ANY SUCH CHANGE CONSTITUTES YOUR ACKNOWLEDGMENT AND ACCEPTANCE OF SUCH CHANGE. YOU SHOULD THEREFORE PERIODICALLY VISIT THIS PAGE TO REVIEW THE MOST CURRENT TERMS AND CONDITIONS OF USE REGULARLY.
For purposes of these Terms and Conditions of Use, the term "The Company"
includes Aegon USA Investment Management, LLC AND Aegon USA Realty
Advisors.
Access to This Site
To
access this Site or any of the resources it has to offer, you may be
asked to provide certain registration details or other information. It
is a condition of your use of this Site that all the information you
provide on this Site will be correct, current, and complete. If The
Company believes the information you provide is not correct, current, or
complete, it retains the right to deny access to this Site or any of its
resources, and to terminate or suspend your access at any
time.
Restrictions on Use
You may use
this Site only for purposes expressly permitted by this Site. You may
not use this Site for any other purpose, including any commercial
purpose, without The Company's prior written consent. For example, you
may not (and may not authorize any other party to) (i) co-brand this
Site, (ii) frame this Site, or (iii) hyperlink or deep-link to this Site
without the express prior written consent of an authorized
representative of The Company. For purposes of these Terms and
Conditions of Use, "co-branding" means to display a name, logo,
trademark, or other means of attribution or identification of any party,
in a manner that is reasonably likely to give a user the impression that
such other party has the right to display, publish, or distribute this
Site or Content (as defined below) accessible within this Site. You
agree to cooperate with The Company in causing any unauthorized
co-branding, framing, or linking to immediately
cease.
Proprietary
Information
Except for third party performance of
mutual funds or sub-accounts, the information, reports, material and
content accessible on or generated by this Site, and any other site
owned, operated, licensed, or controlled by The Company (the "Content")
is proprietary information of The Company or its licensor and The
Company or its licensor retains all right, title, and interest in and to
the Content. Content may not be copied, reproduced, performed,
displayed, distributed, republished, uploaded, posted, or transmitted in
any way without the prior written consent of The Company, which may be
withheld in its sole discretion, except that you may print out a copy of
the Content solely for your personal use. In doing so, you may not
remove or alter, or cause to be removed or altered, any copyright,
trademark, service mark, or any other proprietary notice or legend or
regulatory disclosure appearing on any of the Content. Modification or
use of the Content except as expressly provided in these Terms and
Conditions of Use violates The Company's or its licensor's intellectual
property rights. Neither title nor intellectual property rights are
transferred to you by your use of or access to this
Site.
Hyperlinks
The Company may
provide hyperlinks to other sites ("Third Party Sites"). Third Party
Sites are not maintained by, related to, or sponsored or affiliated by,
The Company and are provided as a service and convenience to you. The
Company has not reviewed Third Party Sites and is not responsible for
their content. Third Party Sites are to be accessed at your own risk,
and The Company makes no representations or warranties about the
content, or the completeness, accuracy or security of Third Party Sites.
A hyperlink to a service or site is not an endorsement of the service or
site, its content, or its sponsoring organization. Furthermore, The
Company is not liable for any direct or indirect computer system damage
or other problems you may incur as a result of clicking on a link to any
Third Party Site.
What Information is Collected by
this Site
In general, you can visit this Site while
remaining anonymous by not providing any Personal Information (as
defined by applicable law). In some cases, non-personal information may
be automatically collected, such as your Internet browser, computer
operating system, domain name of your Internet service provider, and/or
the web site from which you linked to this Site. Personal Information
about you (e.g., your name, address, telephone number, SSN, and/or
e-mail address) will not be collected unless you provide it to us
voluntarily. For example, The Company retains e-mail addresses of
visitors who respond to this Site's e-mail forms, online forms,
registration forms, and surveys and contest entries. The Company may
also retain information about the frequency of Site visits, duration of
each visit, and aggregate information on which Site pages you access. If
you choose not to provide Personal Information, we may not be able to
respond to a request, or an error message may be displayed on your
browser. For more information please access The Company's web site
privacy statement.
Cookies
The Company
sends Site visitors cookies, web bugs or pixel tags (collectively,
"Cookie"), each of which is a small data file sent by this Site to your
browser and which may be stored on your hard drive. The Company's Cookie
enables this Site to recognize you if you have previously utilized
certain Site features. In addition, the Cookie may recall information so
that you do not have to resubmit it, and also automatically updates Site
information. If available, you may program your browser software to
notify you of attempts to send cookies and/or you may decline to accept
or delete them. Your declination of any Site Cookie may impair your
ability to access or use certain functionality of this Site or require
you to enter and re-enter information each time you visit this
Site.
Submissions
You hereby grant to The
Company the royalty-free, perpetual, irrevocable, worldwide,
nonexclusive right and license to use, reproduce, modify, adapt,
publish, translate, create derivative works from, distribute, perform,
and display all content, remarks, suggestions, ideas, graphics, or other
information communicated to The Company through this Site (collectively,
the "Submission"), and to incorporate any Submission in other works in
any form, media, or technology now known or later developed. The Company
will not be required to treat any Submission as confidential, and may
use any Submission in their businesses (including without limitation,
for products or advertising) without incurring any liability for
royalties or any other consideration of any kind, and will not incur any
liability as a result of any similarities that may appear in future
operations. The Company will treat any Personal Information that you
submit through this Site in accordance with its web site privacy
statement.
Disclaimer
You understand that
The Company cannot and does not guarantee or warrant that Content
available for downloading from this Site or the Internet will be free of
viruses, worms, Trojan Horses, or other malicious code that may manifest
contaminating or destructive properties. You are responsible for
implementing sufficient procedures and checkpoints to satisfy your
particular requirements for accuracy of data input and output, and for
maintaining a means external to this Site for the reconstruction of any
lost data. The Company does not assume any responsibility or risk for
your use of the Internet or this Site, nor does The Company assume any
responsibility for any products or services or hypertext links to third
parties or for any breach of security associated with your use of this
Site or your transmission of sensitive information through this Site or
any hyperlinked sites.
If you have agreed to the
electronic delivery of documents or conduct business electronically with
The Company, The Company may, at its discretion, make certain documents
required by regulatory authorities, including but not limited to, the
Securities and Exchange Commission (the SEC), Financial Industry
Regulatory Authority (FINRA) or state departments of insurance,
available for download or access electronically or via e-mail (such
documents may include quarterly or annual statements, prospectuses and
confirmations) (collectively, the “Required
Documents”).
The Content, excluding the Required
Documents, is not necessarily complete and up-to-date and should not be
used to replace any written reports, statements, or notices provided by
The Company. Account information, other than the Required Documents,
available on this Site is not the official record of your account.
Investors, borrowers, and other persons should use the Content in the
same manner as any other informational medium and should not rely on the
Content, excluding the Required Documents, to the exclusion of their own
professional judgment. Information obtained by using this Site is not
exhaustive and does not cover all issues, topics, or facts that may be
relevant to your goals and objectives. Nothing on this Site should be
construed as rendering tax, legal, investment, or accounting
advice.
YOUR USE OF THIS SITE IS AT YOUR OWN
RISK. THE CONTENT IS PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY
KIND, EITHER EXPRESSED OR IMPLIED. THE COMPANY DISCLAIMS ALL
WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, TITLE, SECURITY OR
NONINFRINGEMENT. THE COMPANY DOES NOT WARRANT THAT THE FUNCTIONS OR
CONTENT CONTAINED IN THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE,
THAT DEFECTS, IF ANY, WILL BE CORRECTED, OR THAT THIS SITE OR THE
SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES, DISABLING
DEVICES OR OTHER HARMFUL COMPONENTS. THE COMPANY DOES NOT WARRANT OR
MAKE ANY REPRESENTATION REGARDING THE USE, OR THE RESULT OF USE, OF
THE CONTENT IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, OR
OTHERWISE. THE CONTENT MAY INCLUDE TECHNICAL INACCURACIES OR
TYPOGRAPHICAL ERRORS, AND THE COMPANY MAY MAKE CHANGES OR
IMPROVEMENTS AT ANY TIME. YOU, AND NOT THE COMPANY, ASSUME THE
ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION IN THE
EVENT OF ANY LOSS OR DAMAGE ARISING FROM THE USE OF THIS SITE OR ITS
CONTENT. THE COMPANY ASSUMES NO LIABILITY OR RESPONSIBILITY FOR
ERRORS OR OMISSIONS IN SUCH
CONTENT.
All of the information
on this Site, whether historical in nature or forward-looking, speaks
only as of the date the information is posted on this Site, and The
Company does not undertake any obligation to update such information
after it is posted or to remove such information from this Site if it is
not, or is no longer, accurate or complete. All Content, together with
information filed and furnished with the Securities and Exchange
Commission and any oral information provided by The Company's executives
that relates to The Company's future performance or financial results
are considered forward-looking statements. These forward-looking
statements involve uncertainties that could cause actual performance or
results to materially differ, and users are cautioned not to place undue
reliance on them. All forward-looking statements should be read in
conjunction with the additional information about risks and
uncertainties set forth in our Securities and Exchange Commission
reports, including any annual report.
Limitation of
Liability
THE COMPANY, ITS SUBSIDIARIES,
AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS,
EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS WILL NOT BE LIABLE FOR
ANY ACTUAL, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL,
EXEMPLARY, PUNITIVE OR OTHER DAMAGES, INCLUDING LOSS OF REVENUE OR
INCOME, LOSS OF PRINCIPAL, PAIN AND SUFFERING, EMOTIONAL DISTRESS,
OR SIMILAR DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO
USE, THE CONTENT ON THIS SITE, EVEN IF THE COMPANY OR A
REPRESENTATIVE AUTHORIZED BY THE COMPANY HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE
LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL
DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
IN NO EVENT WILL THE COLLECTIVE LIABILITY OF THE COMPANY AND THEIR
SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT
PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS TO ANY PARTY
(REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR
OTHERWISE) EXCEED THE LESSER OF $100 OR THE AMOUNT YOU HAVE PAID FOR
THE APPLICABLE CONTENT OR SERVICE OUT OF WHICH LIABILITY
AROSE.
Indemnity
You
will indemnify and hold The Company, its parents, subsidiaries,
affiliates, licensors, content providers, service providers, employees,
agents, officers, directors, and contractors (the "Indemnified Parties")
harmless from any breach of these Terms and Conditions of Use by you,
including any use of Content other than as expressly authorized in these
Terms and Conditions of Use. You agree that the Indemnified Parties will
have no liability in connection with any such breach or unauthorized
use, and you agree to indemnify the Indemnified Parties against any and
all resulting losses, damages, judgments, awards, costs, expenses, and
attorneys' fees in connection therewith. You will also indemnify and
hold the Indemnified Parties harmless from and against any claims
brought by third parties arising out of or related to your use of the
Content accessed from this Site.
Trademarks,
Service Marks and Copyrights
The stylized Aegon
logo is a federally registered trademark of Aegon N.V., and
TRANSAMERICA, the Transamerica Pyramid building, and Transamerica
Pyramid logo are federally registered trademarks of the Transamerica
Corporation. Unless otherwise specifically noted images, trademarks,
service marks, logos, and icons displayed on this Site are the property
of The Company or its licensors and may not be used without The
Company's prior written consent. The Company and its licensors retain
all rights with respect to any of their respective trademarks, service
marks, and logos appearing on this Site. Any unauthorized use of the
images may violate copyright, trademark, privacy and publicity laws and
regulations.
Information You
Provide
You may not post, send, submit, publish,
or transmit on, through, by or in connection with this Site any material
that:
• you do not have the right to post, including
proprietary material of any third party;
• advocates
illegal activity or discusses an intent to commit an illegal
act;
• does not pertain directly to this
Site;
• threatens or abuses others, libels, defames,
invades privacy, stalks, is racist, abusive, harassing, threatening,
offensive, vulgar, obscene, pornographic or indecent;
•
seeks to exploit or harm children by exposing them to inappropriate
content, asking for personally identifiable details, or
otherwise;
• infringes any intellectual property or
other right of any entity or person, including violating anyone's
copyrights or trademarks or their rights of publicity;
•
violates any law or may be considered to violate any
law;
• impersonates or misrepresents your connection to
any other entity or person or otherwise manipulates headers or
identifiers to disguise the origin of the content;
•
advertises any commercial endeavor (e.g. offering for sale products or
services) or otherwise engages in any commercial activity (e.g.
conducting raffles or contests, displaying sponsorship banners, and/or
soliciting goods or services) except as may be specifically authorized
on this Site;
• solicits funds, advertisers, or
sponsors;
• includes programs which contain viruses,
worms, and/or Trojan Horses or any other computer code, files, or
programs designed to interrupt, destroy, or limit the functionality of
any computer software or hardware or
telecommunications;
• disrupts the normal flow of
dialogue, causes a screen to scroll faster than other users are able to
type, or otherwise acts in a way which affects the ability of other
people to engage in real time activities via this
Site;
• amounts to a "ponzi" or similar
scheme;
• disobeys any policy or regulations established
from time to time regarding use of this Site or any networks connected
to this Site; or
• contains hyperlinks to other sites
that contain content that falls within the descriptions set forth
above.
The Company reserves the right to monitor the
use of this Site to determine compliance with these Terms and Conditions
of Use, as well as the right to remove or refuse any information or
Submission for any reason. Notwithstanding these rights, you remain
solely responsible for the content of your Submissions and actions. You
acknowledge and agree: The Company or any third party that provides
Content to The Company shall not assume or have any liability for any
action or inaction by The Company or such third party with respect to
any Submission.
Product
Fees
Product fees and other charges are being
provided for general information purposes only and are subject to
change. To obtain a more detailed and accurate strategy for your
personal situation, we recommend you consult your prospectus or consult
with a qualified financial professional.
We Are Not
Providing Investment Advice, Soliciting Offers or
Selling
The information contained on this Site
does not constitute investment advice, and is not an offer to sell or a
solicitation to buy any security or any insurance product. All insurance
and/or securities transactions require signed agreements between The
Company and its customers, and the terms of those agreements are binding
on the parties. No other representation, whether made in person, online,
electronically, in written, graphical, or verbal communication, may
alter the terms of those agreements except that your use of this Site
constitutes your agreement to the additional Terms and Conditions of Use
applicable to such use. By using this Site, you accept at your own risk
that the Internet and online communications medium may not perform as
intended. No security or other insurance product is offered or will be
sold in any jurisdiction in which such offer or sale would be unlawful
under the securities, insurance, or other laws of such jurisdiction.
Some products may not be available in all jurisdictions. In addition,
any prospectus information available on this Site is posted for
informational purposes only and is not a recommendation or opinion for
you to buy or sell any product or participate in any
transaction.
This Site is controlled by us from our
offices within the United States. Except as specifically stated, we make
no representation that Content in this Site is appropriate or available
for use in other jurisdictions. Access to this Site's Content from
jurisdictions where such access is illegal is prohibited. If you choose
to access this Site from other jurisdictions, you do so at your own
risk. You are always responsible for your compliance with applicable
laws. You may not use or export the materials in this Site in violation
of U.S. export laws and regulations. The Company and its parents,
affiliates and subsidiaries are not authorized to do business in every
jurisdiction. By downloading any Content, you are agreeing that you are
not in a country where such export is prohibited and that you are not a
person or entity to which such export is prohibited. You are responsible
for compliance with the laws of your local jurisdiction regarding the
import, export, or re-export of any Content. Information published on
this Site may contain references or cross-references to products,
programs or services that are not available in your state or country.
The products referred to on this Site may be offered and sold only to
persons in the United States and its territories. Consult your qualified
financial professional for information regarding the products, programs
and services which may be available to you.
No
Representation as to Suitability
The Company
makes no representation as to the financial or other suitability of any
product described on this Site for any user. In order to evaluate
whether a particular product is suitable for your financial needs, you
should contact a qualified financial professional. The posting of any
prospectus or any other information on this Site should not be
interpreted as a recommendation or opinion that you should make any
purchase or sale or participate in any
transaction.
Violations of Rules and
Regulations
The Company reserves the right to
seek any remedy available at law or in equity for any violation of these
Terms and Conditions of Use, including the right to block access from a
particular Internet address to this Site.
Personal
Information
Depending on your level of access to
this Site, you may receive or obtain access to Personal Information as
defined below. Your access and use of such information is governed by
state and federal law and limited to specific business activities for
which you are authorized. Should you access Personal Information
intentionally or unintentionally of others for who you are not
authorized, you will immediately notify us and you will not copy,
download, store or transmit such information to any third party.
Security
Access Codes (User names and passwords)
used for this Site are for individual use only. You will be responsible
for the security of your Access Codes. The Company will be entitled to
monitor your Access Codes and, at its discretion, require you to change
it. If you use Access Codes that The Company considers insecure, The
Company will be entitled to require the password to be changed and/or
terminate your account.
You are prohibited from using any
services or facilities provided in connection with this Site to
compromise security or tamper with system resources and/or accounts. The
use or distribution of tools designed for compromising security (e.g.,
password guessing programs, cracking tools or network probing tools) is
strictly prohibited. If you become involved in any violation of system
security, The Company reserves the right to release your details to
system administrators at other sites in order to assist them in
resolving security incidents and to federal or state law enforcement
officials. The Company reserves the right to investigate suspected
violations of these Terms and Conditions of Use.
You agree
that The Company shall not be responsible for damages or losses
resulting from any breach of security caused by your failure to maintain
the confidentiality of your Access Codes. If you permit access to your
Access Codes by third parties, then you agree to defend, indemnify and
hold The Company harmless from and against any liability, losses,
damages, or costs and expenses (including attorneys' fees) arising out
of, related to or resulting from, such access and related use of this
Site. The Company reserves the right to block access to this Site for
any reason. You also agree to immediately notify The Company if
you:
• become aware of any loss or theft of your Access
Codes, or
• become aware of any unauthorized use of your
Access Codes.
Finally you acknowledge and agree that you will
not: (i) collect or store personal data about other users of this Site,
or (ii) upload, e-mail, or otherwise transmit any material that contains
viruses or any other computer code, files, or programs that might
interrupt, limit, or interfere with the functionality of any computer
software, hardware, database or file, or communications equipment that
is owned, leased, or used by The Company.
For your
protection, The Company may require the use of encryption technologies
for certain types of communications conducted through this Site. This
Site has adopted industry standard security measures to protect the
loss, misuse, and alteration of the information under our control. While
we provide those technologies and use other reasonable precautions to
protect confidential information and provide suitable security, we do
not guarantee or warrant that information transmitted through the
Internet is secure, or that such transmissions will be free from delay,
interruption, interception, or error. While there is no such thing as
"perfect security" on the Internet, we will take reasonable steps to
insure the safety of your personal information. There is always the
possibility of unknowingly acquiring computer viruses on the Internet
and thus we want to warn you about infections or viral contamination on
your system. It is your responsibility to scan any and all downloaded
materials received from the Internet. The Company is not responsible or
liable for any damage caused by viruses or related hazards, whether or
not that virus or hazard resulted from a visit to this Site. You, and
not The Company assume the entire cost of all necessary servicing,
repair, or correction related to computer viruses.
The
Company reserves the right to fully cooperate with any law enforcement
authorities, regulatory authorities, or court order requesting or
directing them to disclose the identity of anyone posting any e-mail
messages, or publishing or otherwise making available any materials that
are believed to violate these Terms and Conditions of
Use. BY ACCEPTING THESE TERMS YOU WAIVE AND HOLD HARMLESS
THE COMPANY FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY THE
COMPANY DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY
ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER THE
COMPANY OR LAW ENFORCEMENT
AUTHORITIES.
E-Mail
The
Company recognizes that e-mail can be the preferred mode of
communication for some of its customers. Either at the time of a policy
purchase, during your registration on this Site or your election to
participate in electronic document delivery or to transact business
electronically with The Company, you provided your e-mail address to The
Company. The Company may use, and you hereby permit The Company to use,
this e-mail address for the following:
• Service
notifications related to your account(s) or policy(ies);
•
Regularly scheduled e-mail newsletters;
• Products or services
you have purchased;
• Optional e-mail communications which you
have signed up for (e.g., newsletters on a selected financial
topic);
• Occasional updates about products and services as
well as marketing offers.
Also, once you have requested
information from The Company via e-mail, The Company may communicate
with you via e-mail regarding your request to provide additional
information related to your initial information request. However, The
Company will never ask you to send personal information such as account
or Social Security numbers by non-secure e-mail. The Company may require
certain e-mail communications to be conducted through secure or
encrypted e-mail. If The Company sends you an advertisement via e-mail,
it will include instructions on how to opt-out of receiving such e-mail
advertisements in the future. If you elect to opt-out of receiving
e-mail advertisements, The Company will continue to send you
non-advertisement e-mails as stated above. It is your responsibility to
maintain accurate records with The Company and to update your e-mail
address if it changes.
Additionally, certain portions of this
Site may offer you the ability to e-mail a message to The Company even
if you have not elected to participate in electronic document delivery
or to transact business electronically with The Company. E-mail
functionality, if any, is provided to you to facilitate communications
between you and The Company. You agree, however, that you will not use
e-mail to request, authorize, or affect the purchase or sale of any
securities or other product or service, to change your address or other
account information, to change your User Codes, to transmit personal
credit information (including credit card numbers), to send fund
transfer instructions, or for any other financial transactions that
require formal authorization in accordance with applicable law or The
Company's policies and procedures. Any such requests, orders, or
instructions that you send to The Company by e-mail will not be accepted
or processed by The Company. The Company shall have no liability for any
loss or damage that arises from unaccepted e-mail requests, orders, or
instructions. Moreover, The Company shall have no liability for any loss
or damage that result from interception and/or unauthorized use by third
parties of any information you send by e-mail.
Electronic
Transactions
In the event this Site permits you
to view, change information and make investment sub-account exchanges on
your account and receive other information or services related to a
contract or policy issued by The Company through electronic transmission
via a compatible personal computer and a secure web browser, access to
such services requires an electronic identification that consists of a
user name, password, or other security measures that we may require. By
obtaining Access Codes, you agree that the use of this electronic
identification is the legal equivalent to your written signed
instructions to The Company and that your identity as an authorized user
of our on-line services is determined solely by your Access Codes. You
acknowledge that you are responsible for the safekeeping of your Access
Codes and The Company is unable, and under no obligation, to confirm the
identity or authority of any user of our on-line
services.
Children
This Site does not
intend to market any products or services to children under thirteen
(13) years of age. The Company does not knowingly gather or solicit data
from children under thirteen (13) years of age through this Site for
marketing purposes. By using this Site you represent that you are not
under thirteen (13) years of age.
Recommended
Browser
For optimal performance, please use
either at least Netscape Communicator 7.0 or Internet Explorer 5.5 when
connecting to this Site.
Miscellaneous
These Terms and Conditions of Use will be governed and interpreted pursuant to the laws of the state of Iowa, United States of America, notwithstanding any principles of conflicts of law. You specifically consent to personal jurisdiction in Iowa in connection with any dispute between you and The Company arising out of these Terms and Conditions of Use pertaining to this Site. The parties to these Terms and Conditions of Use each agree that the exclusive venue for any dispute between the parties arising out of these Terms and Conditions of Use or pertaining to the subject matter of these Terms and Conditions of Use will be in the state or federal courts having jurisdiction within Cedar Rapids, Iowa. If any part of these Terms and Conditions of Use is unlawful, void or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions. These Terms and Conditions of Use constitute the entire agreement among the parties relating to this subject matter. Notwithstanding the foregoing, any additional terms and conditions on this Site will govern the items to which they pertain. The Company may revise these Terms and Conditions of Use at any time by updating this posting. These Terms and Conditions of Use constitutes the entire agreement between The Company and you with respect to your use of this Site. Any cause of action you may have with respect to your use of this Site must commence within one (1) year after the claim or cause of action arises.