YOU SHOULD READ THESE TERMS OF USE BEFORE USING THIS WEBSITE
NOTE: THESE TERMS OF USE CONTAIN DISCLAIMERS OF WARRANTIES AND LIABILITY.
Terms of Use. Life Insurance Settlement Market, LLC (“LIS Market”) is a Florida limited liability company that has developed an electronic marketplace (the “System”) through which in-force non-variable life insurance policies will be listed and traded through viatical or life settlement transactions (“Secondary Sale Transactions”) or Tertiary Sale Transactions. LIS Market owns and operates the website LISMarket.com (this “Website”).
This Website, the Information (defined below), and any services offered on the Website are directed at and intended for use by persons in the United States only. None of the services or information described in this Website related to viatical or life settlements are available to persons resident in any state or territory where such services are deemed contrary to local laws or regulations. LIS Market does not intend the Information provided on this Website to be distributed to, or used by, any person or entity in any jurisdiction where such distribution or use would be contrary to law or regulation or which would subject LIS Market to any registration or licensing within such jurisdiction or country, except to the extent specified in the Licensing Disclaimer below. Accessing this Website from territories where the contents of this Website are illegal is prohibited. Any offer for any product, service and/or Information made in connection with this Website is void where prohibited.
Your access and use of this Website is conditioned upon your compliance with the Terms of Use (as defined below). Further, your access and use of this Website constitutes an express acknowledgment of and agreement to these Terms of Use, LIS Market Rules and any agreements contemplated therein (the “Rules”), LIS Market’s Online Privacy Policy, LIS Market’s Acceptable Use Policy, Online Privacy Policy, any other LIS Market Policies, Notices or Disclosures published on this Website, any written agreements between you and LIS Market, and any guidelines or instructions for using and posted on this Website, all incorporated herein by reference (collectively, the “Terms of Use”), including that: (i) you have read and understand the Terms of Use; (ii) you agree to be bound by the Terms of Use, as modified from time to time; (iii) you have and will access this Website and use the Information herein solely for your own personal use or as permitted under the Rules; and (iv) you agree to review the Terms of Use each time you access or use this Website as they may be modified from time to time. you further covenant to comply with all applicable federal and state laws, rules and regulations with respect to your use of this Website.
BY USING THIS WEBSITE, YOU AGREE TO BE BOUND BY THE TERMS OF USE. IF AT ANY POINT YOU DO NOT AGREE WITH ANY OF THE TERMS OF USE OR DO NOT WISH TO BE BOUND BY THE TERMS OF USE, AS MODIFIED FROM TIME TO TIME, YOU ARE PROHIBITED FROM ACCESSING OR USING THIS WEBSITE, MUST IMMEDIATELY CEASE ANY AND ALL USE OF THIS WEBSITE, AND MUST MAKE NO USE OF THIS WEBSITE OR ANY INFORMATION ON THIS WEBSITE IN THE FUTURE. YOUR REMEDY FOR DISSATISFACTION WITH THIS WEBSITE, OR ANY PRODUCTS, SERVICES, CONTENT, OR OTHER INFORMATION AVAILABLE ON OR THROUGH THIS WEBSITE, IS TO CEASE USING THE SITE AND/OR THOSE PARTICULAR PRODUCTS OR SERVICES. YOUR AGREEMENT WITH LIS MARKET REGARDING COMPLIANCE AND ACCEPTANCE WITH THE TERMS OF USE BECOMES EFFECTIVE THE MOMENT YOU COMMENCE USING THIS WEBSITE.
These Terms of Use are effective as of March 25, 2015. LIS Market may change the Terms of Use at any time by posting revisions to this Website. Your access and continued use of this Website after such changes are posted constitutes your acceptance of each of the revised Terms of Use. LIS Market reserves the right to discontinue this Website or any part thereof, including any of the Website’s features, at any time with or without notice to you. LIS Market will not be liable to you and any third party should LIS Market exercise such right. Any new features that modify, augment or enhance the then-current services on this Website shall also be subject to the Terms of Use.
All capitalized terms used, but not defined, on this Website have the meanings ascribed to such terms in the Rules. Any reference to “Affiliates” in the Terms of Use include LIS Market’s owners, subsidiaries, affiliated companies, officers, directors, suppliers, partners, sponsors, and advertisers, and includes, without limitation, all parties involved in creating, producing, and/or delivering this Website.
Overview and Limitation of LIS Market Services. LIS Market has developed the electronic auction marketplace System through which in-force non-variable life insurance policies will be listed and traded through Secondary Sale Transactions or Tertiary Sale Transactions.. LIS Market does not purchase life insurance policies or broker the sales of life insurance policies and is not a licensed life or viatical settlement provider or broker. LIS Market is compensated from the proceeds of each completed Secondary Sale Transaction or Tertiary Sale Transaction as described in the Rules.
Registration Data and Privacy. In order to access some of the services on this Website, you will be required to use an account and password that can be obtained by completing LIS Market’s online registration form, which requests certain information and data (the “Registration Data”), and maintaining and updating your Registration Data as required. By registering, you agree that all information provided in the Registration Data is true and accurate and that you will maintain and update this information as required in order to keep it current, complete, and accurate.
You also grant LIS Market the right to disclose to third parties certain Registration Data about you. The information LIS Market obtains through your use of this Website, including your Registration Data, is subject to LIS Market’s Online Privacy Policy, which is specifically incorporated by reference into these Terms of Use.
Security and Password. You are solely responsible for maintaining the confidentiality of your account and password and for any and all statements made and acts or omissions that occur through the use of your account and password. Therefore, you must take steps to ensure that others do not gain access to your account and password. LIS Market will never ask you for your password. You may not transfer or share your account with anyone, except an Authorized User as described in the Rules, and LIS Market reserves the right to immediately terminate your account if you do transfer or share your account or password in violation of the Terms of Use or the Rules.
Copyrights and Marks.
All custom graphics, icons, logos and service names are registered trademarks, trademarks or service marks of LIS Market or its Affiliates. All other trademarks or service marks are property of their respective owners. Nothing in the Terms of Use grants you any right to use any trademark, service mark, logo and/or the name of LIS Market or its Affiliates.
Further, this Website contains proprietary materials and information, including but not limited to information, data, communications, text, software, photos, content, graphs, charts, video, graphics, music, sounds, other material and services, and other matters presented herein, including message boards, chat and other original content (the “Information”). Except where noted, LIS Market owns all rights, including the copyright, in and to the Information and contents of this Website. You may not copy, reproduce, retransmit, publish, or otherwise use this Website or the Information for any reason other than your own personal use. You may not copy, reproduce, recompile, decompile, disassemble, reverse engineer, distribute, publish, display, perform, modify, upload to, create derivative works from, transmit or in any way exploit all or any part of this Website or Information, except as expressly provided in the Terms of Use. The Information of this Website may not be recirculated, redistributed or published by you without LIS Market’s prior written consent. LIS Market reserves all other rights. You acquire no rights or licenses in or to this Website or the materials contained within this Website other than the limited right to use this Website in accordance with the Terms of Use. Any sale, transmission or redistribution of this Website or the Information, and any copying, modification or other use of this Website or the Information for any purposes other than as set forth in the Terms of Use are strictly prohibited. Any unauthorized use of the Website and Information may violate copyright, trademark, and other applicable laws and result in criminal or civil penalties.
All present and future rights in and to trade secrets, trademarks, service marks, copyrights and other proprietary rights under the laws of any domestic or foreign governmental authority (the “Intellectual Property Rights”) shall at all times be and remain LIS Market’s and/or its Affiliates’ sole and exclusive property as between you and LIS Market and/or the Affiliates. Except as specifically permitted by the Terms of Use, you shall not use the Intellectual Property Rights or this Website, or any derivations thereof, for any purpose, without LIS Market’s prior written approval. Except as expressly provided in the Terms of Use, you shall not advertise, publicize or indicate LIS Market’s or this Website’s sponsorship or affiliation with any product, service, or website without LIS Market’s prior written approval. You agree to protect LIS Market’s proprietary rights and all others having rights in this Website and to comply with all of LIS Market’s reasonable written or electronic requests or LIS Market’s suppliers of content or otherwise (“Suppliers”) to protect their and others’ contractual, statutory and common law rights in this Website and the Information. You agree to provide LIS Market with prompt written notice of any unauthorized access or use of this Website by any party or of any claim that this Website infringes upon any copyright, trademark or other contractual, statutory or common law rights.
If you download any Information from this Website, you agree that you will not copy it or remove or obscure any copyright or other notices or legends contained in any such Information. Modification of this the Information from this Website would be a violation of LIS Market’s copyright and other proprietary rights. You may not use this Website for any illegal purpose or in any manner inconsistent with applicable law or LIS Market’s Terms of Use. Without LIS Market’s prior written consent or as expressly stated in the Terms of Use, you may not use the Information on this Website to: (i) provide access to the Information to any third person, or to otherwise distribute, make available, transmit or otherwise disseminate the Information to anyone else or to use the Information on this Website; (ii) download any Information on this Website, except as specifically set forth on this Website (payment of fees and registration); (iii) sell the Information downloaded (or copied in any other form) for money, exchange or other consideration; (iv) redistribute or republish the Information in any manner or over any other medium, including, but not limited to, television or radio broadcast, a computer network or hyperlink framing on the Internet; (v) make any more than one print copy of the Information for your personal use; or (vi) make any alterations, additions or other modifications to the Information.
You may not use any of LIS Market’s trademarks, trade names, service marks or other identifying marks (“Marks”) in a manner that suggests that such Marks belong to or are associated with you or are used with LIS Market’s prior written consent. You acknowledge that you have no ownership rights in and to any of Marks. You will not use this Website or the Information contained herein in unsolicited mailings or spam material. You will not spam or send unsolicited mailings to any person or entity using this Website. You agree to comply with any other applicable conditions set forth on this Website.
Neither LIS Market nor its Affiliates warrant or represent that your use of materials displayed on, or obtained through, this Website will not infringe the rights of third parties. See “Copyright Complaints” below for a description of the procedures to be followed in the event that any party believes that content posted on this Website infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party.
Copyright Infringement Complaints. LIS Market respects the intellectual property rights of others, and LIS Market prohibits users from uploading, posting or otherwise transmitting on this Website any materials that violate another party’s intellectual property rights. You agree that, after LIS Market receives proper notification of alleged copyright infringement (as described below), LIS Market will promptly remove from the Website or disable access to the allegedly infringing material and terminate the accounts of repeat infringers (described below and in the Acceptable Use Policy) without liability to you or any other party and that the claims of the complaining party and the party that originally posted the alleged infringing materials will be referred to the United States Copyright Office for adjudication as provided in the Digital Millennium Copyright Act (the “DMCA”).
If you believe that any material on this Website infringes upon any copyright, trademark or other property rights that you own or control, you may send a written notification of such infringement (the “Copyright Infringement Complaint”) to LIS Market’s designated agent as identified below. To be effective, the Copyright Infringement Complaint must include the following:
a. Identify in sufficient detail the copyrighted work that you believe has been infringed upon or other information sufficient to specify the copyrighted work being infringed.
b. Identify the material that you claim is infringing the copyrighted work listed in item (a) above.
c. Provide information reasonably sufficient to permit LIS Market to contact you (email address is preferred).
d. Provide information, if possible, sufficient to permit LIS Market to notify the owner/administrator of the allegedly infringing webpage or other content (email address is preferred).
e. Include the following statement: “I have a good faith belief that use of the copyrighted materials described above as allegedly infringing is not authorized by the copyright owner, its agent, or the law.”
f. Include the following statement: “I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.”
g. Sign the paper.
h. Send the written communication to the following address:
Designated Agent for Copyright Infringement Complaints:
Contact: Web Administrator
Address: PO Box 51640, Lighthouse Point, Florida 33074
Phone: 954-951-3LIS
No Guaranty of Sale of Life Insurance Policy. There is no guaranty that you will be able to sell or purchase a life insurance policy through LIS Market. LIS Market does not guaranty that you will be able to conclude a Secondary Sale Transaction or Tertiary Sale Transaction.
No Solicitation of Securities or Transaction Services. Neither the Information, nor any opinion contained in this Website constitutes a solicitation or offer by LIS Market to buy or sell any securities, insurance policies or other financial instruments, or to provide any viatical or life settlement, insurance or investment advice or service.
No Business, Legal or Other Professional Advice. You should not construe any of the Information contained in this Website as business, financial, insurance, investment, legal, regulatory, tax or accounting advice, and you should not make this Website the primary basis for your decisions regarding your life insurance policy or any decisions regarding contemplated Secondary Sale Transactions or Tertiary Sale Transactions. LIS Market does not provide “valuation services,” and LIS Market does not provide you with advice on the price to sell or purchase life insurance policies. Under no circumstances should LIS Market be considered your advisor or fiduciary and, if you require advice with respect to your life insurance policy or any contemplated Transactions, you should consult your own business, financial, accounting, insurance, investment and/or legal advisors.
Considerations in Selling a Life Insurance Policy. Nothing set forth in this Website should be construed as a recommendation to purchase or sell any life insurance policy or to enter into any Secondary Sale Transaction or Tertiary Sale Transaction, or as a representation that any particular Secondary Sale Transaction or Tertiary Sale Transaction is suitable or appropriate for you. LIS Market does not provide any legal, financial, insurance or tax advice. Generally, people often have taxable income as the result of the sale of life insurance policies. If you sell your life insurance policy, you may lose valuable life insurance benefits for you or your beneficiaries or lose your eligibility for certain other benefits, such as Medicaid or other government benefits or entitlements. There may be possible alternatives to selling your life insurance policy, including the ability to receive accelerated death benefits or life insurance policy loans if offered under your life insurance policy. Your decision to sell your life insurance policy should be made only with the assistance and advice of your own legal, financial, insurance, tax and other advisors as you deem appropriate in order to obtain a full understanding of the potential risks and ramifications thereof in consideration of your particular circumstances.
Legal Relationship With Between LIS Market: Except to the extent established by the Terms of Use and the documents contemplated therein, including the Rules, this Website shall not create any legal relationship between you and LIS Market.
Website Updates and Changes. This Website and the Information which it contains are subject to change at any time by LIS Market without notice to you, and LIS Market reserves the right to suspend, terminate or restrict your access to or use of this Website as more specifically outlined in the Rules.
Disclaimer as to Information; Limitations of Liability. ALTHOUGH THE INFORMATION PROVIDED TO YOU ON THIS WEBSITE IS OBTAINED OR COMPILED FROM SOURCES WE BELIEVE TO BE RELIABLE, NEITHER WE NOR ANY OF OUR SUPPLIERS, AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS OR OTHER CONTRIBUTORS TO THIS WEBSITE MAKE ANY WARRANTIES, EXPRESS OR IMPLIED, AS TO THE ACCURACY, VALIDITY, TIMELINESS OR COMPLETENESS OF ANY OF THE INFORMATION PROVIDED ON THIS WEBSITE. THIS WEBSITE IS PROVIDED “AS IS” WITHOUT ANY WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR USE, ACCURACY OR COMPLETENESS OF THE INFORMATION CONTAINED ON THIS WEBSITE OR IN RESPECT OF ANY MATERIALS OR PRODUCTS REFERRED TO ON THIS WEBSITE, OR NON-INFRINGEMENT. DIFFICULTIES IN USE OF THIS WEBSITE COULD INVOLVE, AMONG OTHERS, FAILURES, DELAYS, MALFUNCTION, SOFTWARE EROSION, INADVERTENT DISCLOSURE OF INFORMATION PROVIDED TO US VIA THIS WEBSITE, OR HARDWARE DAMAGE, WHICH DIFFICULTIES COULD BE THE RESULT OF HARDWARE, SOFTWARE OR COMMUNICATION LINK INADEQUACIES OR OTHER CAUSES. SUCH DIFFICULTIES COULD LEAD TO POSSIBLE ECONOMIC AND/OR DATA LOSS. WE DO NOT WARRANT THAT THIS WEBSITE IS COMPATIBLE WITH YOUR EQUIPMENT OR THAT THIS WEBSITE IS FREE OF ERRORS, VIRUSES OR WORMS. IN NO EVENT SHALL WE OR ANY OF OUR SUPPLIERS, AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, THIRD PARTY AGENTS, CONTRACTORS OR OTHER CONTRIBUTORS TO THIS WEBSITE BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF BUSINESS, LOSS OF PROFIT, LOSS OR CORRUPTION OF DATA, LOSS OF GOODWILL OR REPUTATION OR WASTED MANAGEMENT TIME) OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OR CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE INFORMATION OR THIS WEBSITE. NEITHER WE NOR ANY OF OUR SUPPLIERS, AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS OR OTHER CONTRIBUTORS TO THIS WEBSITE WILL BE LIABLE OR HAVE ANY RESPONSIBILITY OF ANY KIND FOR ANY LOSS OR DAMAGE THAT YOU INCUR IN THE EVENT OF ANY FAILURE OR INTERRUPTION OF THIS WEBSITE, OR RESULTING FROM THE ACT OR OMISSION OF ANY OTHER PARTY INVOLVED IN MAKING THIS WEBSITE OR THE INFORMATION CONTAINED THEREIN, OR FROM ANY OTHER CAUSE RELATING TO YOUR ACCESS TO, INABILITY TO ACCESS, OR USE OF THIS WEBSITE OR THE INFORMATION, WHETHER OR NOT THE CIRCUMSTANCES GIVING RISE TO SUCH CAUSE MAY HAVE BEEN WITHIN OUR CONTROL THE CONTROL OF ANY VENDOR PROVIDING SOFTWARE OR SUPPORT SERVICES TO US OR THIS WEBSITE. THERE IS NO WARRANTY THAT ANY INFORMATION, WEBSITE CONTENT, COMPUTER PROGRAM OR ANY EFFORTS PROVIDED BY US WILL FULFILL ANY OF YOUR PARTICULAR PURPOSES OR NEEDS. ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, ARE HEREBY EXCLUDED TO THE EXTENT PERMITTED BY LAW. YOUR SOLE REMEDY IN THE EVENT YOU HAVE A CLAIM IN RESPECT TO THIS WEBSITE OR THE INFORMATION HEREIN IS FOR US TO REPAIR, REPLACE, CORRECT OR REMOVE THE INFORMATION FROM THIS WEBSITE.
FURTHER, LIS MARKET SHALL NOT BE LIABLE IN ANY WAY FOR THIRD PARTY GOODS AND SERVICES OFFERED THROUGH THIS WEBSITE OR FOR ASSISTANCE IN CONDUCTING TRANSACTIONS THROUGH THIS WEBSITE, INCLUDING, WITHOUT LIMITATION, THE PROCESSING OF REQUESTS OR PURCHASES.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS. IN NO EVENT SHALL LIS MARKET’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING BUT NOT LIMITED TO, NEGLIGENCE) EXCEED THE AMOUNT PAID BY YOU TO LIS MARKET, IF ANY, FOR ACCESSING OR USING THIS WEBSITE.
The world wide web exists across public networks, many of which are insecure. You understand and agree that temporary interruptions of the services available through this Website may occur as normal events and that LIS Market has no control over third party networks you may access in the course of the use of this Website, and, therefore, delays and disruption of other network transmissions are completely beyond LIS Market’s control. This Website uses security features; however, LIS Market cannot guarantee the security of the in-transit information. LIS Market disclaims any and all liability for interception by unauthorized persons and for any computer viruses that may be loaded into your computer as a result of the downloading of any information from or using this or any other Website.
You understand and agree that the services available on or through this Website are provided “AS IS” and that LIS Market assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communication, information or personalization settings.
Third Party Websites. This Website may provide links to certain websites sponsored and maintained by LIS Market as well as those sponsored or maintained by third parties. Such third party websites are publicly available and LIS Market is providing access to such websites through this Website solely as a convenience to you. These third party websites may contain information or material that some people may find inappropriate, offensive, or objectionable. The content of such third party websites, services, goods or advertisements that may be linked to this Website is not maintained or controlled by LIS Market, and LIS Market makes no representations or warranties concerning the content of such websites and the fact that access to such websites is provided does not constitute any endorsement, authorization or sponsorship of such websites or their sponsors by LIS Market nor is there any affiliation between LIS Market and such sponsors and such sponsors do not endorse, authorize or sponsor this Website. Moreover, you agree that LIS Market is in no way responsible for the availability, content or accuracy of other websites, services or goods that may be linked to, or advertised on, the website and does not make any warranty, express or implied, with respect to the use of the links provided on, or to, the website or guarantee the accuracy, completeness, usefulness, copyright compliance, legality, decency, adequacy or any other aspect of any other third party websites, services, goods or advertisements that may be linked to this the third party website or this Website. You understand and agree that you will use or rely on such websites solely at your own risk and that LIS Market does not grant to you any rights in respect of such websites.
In the course of your use of this Website, you may provide, or LIS Market may otherwise obtain, information about you, your business activities and/or life insurance policies and individuals covered under such policies that are owned by you. By using this Website, you expressly consent to LIS Market’s use of this information for the purposes and to the extent stated in the Terms of Use and the Rules. Although you may retain rights in such communications or material, you grant LIS Market, LIS Market’s agents, and Affiliates a non-exclusive, paid-up, perpetual, and worldwide right to copy, distribute, display, perform, publish, translate, adapt, modify, and otherwise use such material for any purpose regardless of the form or medium (now known or not currently known) in which is it used.
You agree, at your own expense, to indemnify, defend and hold harmless LIS Market and its Affiliates, employees, representatives, information providers, suppliers and agents, against any claim, suit, action or other proceeding against LIS Market, its Affiliates, employees, information providers, representatives, suppliers and agents, by a third party, to the extent that such claim, suit, action or other proceeding is based on or arises in connection with your use of this Website, or any links on this Website, including, but not limited to: (i) your use or someone using your computer’s use of the Website; (ii) your use or someone using any password you may obtain; (iii) a violation of the terms set forth in this Terms of Use by you or anyone using your computer or password; (iv) a claim that any use of this Website by you or someone using your computer or password infringes any intellectual property right of any third party, is libelous or defamatory, or otherwise results in injury or damage to any third party; (v) any deletions, additions, insertions or alterations to, or any unauthorized use of, this Website by you or someone using your computer or password; (vi) any misrepresentation or breach of representation or warranty made by you contained herein; or (vii) any breach of any covenant or agreement to be performed by you hereunder. You agree to pay any and all costs, damages and expenses, including, but not limited to, reasonable attorneys’ fees and costs awarded against or otherwise incurred by or in connection with or arising from any such claim, suit, action or proceeding attributable to any such claim.
In the event that information is submitted through your access to the Website erroneously, or you later determine that information should not have been submitted, for any reason, you accept full financial responsibility for such entry. Further, by logging onto to this Website on behalf of an entity or corporation, you are agreeing that you have the right and authority to bind that entity or corporation to the obligations and responsibilities incurred by utilizing this Website.
Licensing Disclaimer. This Website and the Information herein is not intended for use in or directed into any state in which such Website or Information requires pre-approval by any state insurance commissioner or, where LIS Market, by virtue of LIS Market’s services, may be required to be licensed in such state, except as otherwise noted in this Website. LIS Market is not licensed, acting or intending to act as an insurance company, an insurance agency, an insurance producer, an insurance broker, an investment advisor, a viatical or life settlement provider (“Life Settlement Provider”), a viatical or life settlement broker (“Life Settlement Broker”), or a viatical or life settlement representative. LIS Market is not an agent, broker, fiduciary or representative of you, any life insurance policy owner, any individual insured under a life insurance policy, any insurance company, any insurance agency, any insurance producer, any insurance broker, any investment advisor, any Life Settlement Provider, any Life Settlement Broker, or any viatical or life settlement representative.
Advertisements Disclaimer. To the extent Information on this Website includes advertising, promotions or other sales related data from third parties, LIS Market does not investigate the validity of such information or review the advertising for compliance with applicable laws, rules or regulations. LIS Market is not responsible for errors in such Information, and such Information does not and is not an offer to enter into a contract, but rather, is merely a solicitation to receive offers from you. LIS Market does not vouch for, review, validate, accept responsibility for or otherwise undertake any liability arising from, third party advertiser statements, products, services or other actions of third parties. You may enter into correspondence with or participate in promotions of the advertisers showing their products on this Website. Any such correspondence or promotions, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such correspondence or promotions, are solely between you and the advertiser. LIS Market assumes no liability, obligation or responsibility for any part of any such correspondence or promotion.
SHOULD A COURT OF COMPETENT JURISDICTION HOLD OR FIND ANY PORTION OR PROVISION OF THE ABOVE DISCLAIMERS ILLEGAL, NON-ENFORCEABLE, OR INVALID, THE REMAINDER OF THE DISCLAIMER OR DISCLAIMERS SHALL REMAIN IN FULL FORCE AND EFFECT.
Request for Services and Consent to Forward Personal Information. By submitting information through this Website, you expressly request and authorize LIS Market to provide the services described in the Terms of Use and the Rules, which may require the forwarding of non-public personal information through the Website as described in the Rules.
Access By Minors. The Website is not intended for minors; rather, this Website is intended for adult users only. However, LIS Market cannot prohibit minors from visiting this Website. LIS Market must rely on parents, guardians and those responsible for supervising children under 13 years of age to decide which materials are appropriate for such children to view and/or purchase. Pursuant to 47 U.S.C. § 230(d), as amended, LIS Market hereby notifies you that parental control protections (such as computer hardware, software or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. You can discover some of the providers of such parental control technology by searching for “parental control software” using a major search engine, or visiting http://www.ftc.gov/bcp/edu/pubs/consumer/tech/tec08.shtm.
Misuse of this Website. You violate the Terms of Use and engage in unauthorized use of LIS Market’s computer systems when you make any use of this Website that is not in conformity to the limitations and permitted uses listed in the Terms of Use or that violate any of the Rules the Acceptable Use Policy.
Linking; No Framing. LIS Market permits reasonable, good faith and non-defamatory links to this LIS Website so long as: (i) it is clear in the link reference that LIS Market has not endorsed the contents of the referring page, and that any statements made have not been reviewed or approved by LIS Market; and (ii) no use is made of LIS Market’s Marks (though the wordmarks may be used if proper credit is provided on the page). Unless LIS Market has specifically agreed to do so in writing pursuant to a written agreement signed by LIS Market, LIS Market does not consent to “framing” or displaying any of LIS Market’s Information in connection with, inside of, in relation to, or otherwise as part of, any other website or other information provider. In any instance that LIS Market agrees by prior written consent to permit such “framing” of LIS Market’s Information, LIS Market reserves the right at any time to revoke such consent, and you agree that immediately upon receipt of such revocation notice, you will terminate all links identified by LIS Market to be terminated.
E-mail, Messaging, Blogging, and Chat Services. LIS Market may make email, messaging, blogging, or chat services (collectively, “Communications”) available to users of this Website, either directly or through a third-party provider. LIS Market may make available separate supplemental agreements characterizing the relationship between you and LIS Market that, except where expressly noted or contradictory, includes the Terms of Use.
LIS Market will not inspect or disclose the contents of private Communications except with the consent of the sender or the recipient, or in the narrowly-defined situations provided under the Electronic Communications Privacy Act, or as other required by law or by court or governmental order. Please refer to LIS Market’s Online Privacy Policy available on this Website.
LIS Market may employ automated monitoring devices or techniques to protect LIS Market’s users from mass unsolicited communications (also known as “spam”) and/or other types of electronic communications that LIS Market deems inconsistent with LIS Market’s business purposes. However, such devices or techniques are not perfect, and LIS Market will not be responsible for any legitimate communication that is blocked, or for any unsolicited communication that is not blocked.
Mailboxes may have a limited storage capacity. If you exceed the maximum permitted storage space, LIS Market may employ automated devices that delete or block email messages that exceed the limit. LIS Market will not be responsible for such deleted or blocked messages.
Consent to Electronic Communications. You agree to transact business with LIS Market using electronic communications, either via web forms on this Website, or via email or text. Electronic communications will be deemed received by you when your email/text message system reports that any email/text message LIS Market sends you, has been received by your system, regardless of whether you ever actually open or read such email/text. LIS Market may, but is not required, to use return receipt requests. Unless specifically required by applicable law, you consent to receive all notices, information, and other communications from LIS Market concerning any subject matter, via electronic email or text. It is your responsibility to maintain a valid email/text message address, and LIS Market may terminate your access to this Website at any time that LIS Market determines you are in violation of the Terms of Use or fail to maintain a valid email and text message address.
Mobile Devices. If you access this Website via a mobile device, please be aware that your carrier rates and fees apply. Also note that the terms of this Website apply to all mobile users.
Direct Database Access Prohibited. You may not directly access LIS Market’s Website or database except via the standard browser/graphic user interface, and you may not directly or indirectly (and you covenant not to directly or indirectly) use any robot, script, or other automated tool to access or use this Website, any Information, or any data or the database. You may manually access or copy the database, Information or Website or any part of thereof, except solely and exclusively in accordance with the Terms of Use. The above shall not prohibit any act permitted by law, as by, for example, a bona fide search engine that is automatically indexing this Website for its search engine database (as long as the result of a query to such search engine returns a link back to this Website), and the search engine is not re-presenting the Information in a manner that is or would be competitive to this Website, or using the Information to present in a search query response to a user, links to competing websites.
Available Remedies for LIS Market Information. Unless content on this Website specifically states that such Information has been validated, LIS Market does not validate, error check or otherwise confirm the truth or accuracy of Information posted on this Website; nor does LIS Market review, edit, censor or warrant the quality or accuracy of Information that you may acquire from this Website. You agree not to sue or make any claim of any kind against LIS Market regarding Information posted or available on this Website. When LIS Market becomes aware of any incorrect Information or harmful activities or if LIS Market receives any complaint from a third party, in LIS Market’s sole and unfettered discretion, LIS Market may take steps to stop the activity, such as removing the offending materials, denying the offender access to this Website or any other action LIS Market deems appropriate. LIS Market is required to remove or block access to content or postings upon receipt of a proper notice of copyright infringement. All remedies are non-exclusive. LIS Market is not responsible for (and you agree not to sue LIS Market in respect of) the Information. The sole and exclusive remedy for any claim against LIS Market shall be for LIS Market to repair, replace or remove erroneous or illegal Information.
Repeat Infringer Policy. In accordance with the DMCA and other applicable law, LIS Market has adopted a policy of terminating, in appropriate circumstances and at LIS Market’s sole discretion, users who are deemed to be repeat infringers. LIS Market may also at LIS Market’s sole discretion limit access to this Website and/or terminate the memberships of any users who infringe any Intellectual Property Rights of others, whether or not there is any repeat infringement.
Indemnity. You agree to defend, indemnify, and hold harmless LIS Market, LIS Market’s Affiliates, and LIS Market’s respective officers, directors, employees and agents, from and against any claims, actions or demands, including without limitation reasonable legal, attorneys’ and accounting fees, alleging or resulting from: (i) any LIS Market Content or other material you provide to this Website; (ii) your use of any of LIS Market’s Information or LIS Market’s Marks; (iii) your use of this Website; (iv) your conduct in connection with this Website or with other users of this Website, including Life Settlement Brokers or Life Settlement Providers or other Participants; (v) your breach of the terms of the Terms of Use, the Rules (including the agreements contemplated therein), or the Acceptable Use Policy, any other policy or any agreement between you and LIS Market; or (vi) your violation of any applicable international, country, federal or state laws, rules, regulations and orders. Further, LIS Market and its Affiliates reserve the right, at LIS Market’s own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with LIS Market in asserting any available defenses.
Release. YOU HEREBY AGREE TO RELEASE, REMISE AND FOREVER DISCHARGE LIS MARKET AND ITS AFFILIATES, PARTNERS, SERVICE PROVIDERS, VENDORS, CONTRACTORS, CLIENTS, EMPLOYEES, OFFICERS, AND ALL RELATED PERSONS FROM ANY MANNER OF RIGHTS, CLAIMS DEMANDS, COMPLAINTS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, LEGAL FEES, AND COST WHICH NOW OR IN THE FUTURE ARISE FROM, OR ARE CONNECTED WITH YOUR USE OF THIS WEBSITE OR SERVICES.
Waiver and Severability of Terms of Use. The failure of LIS Market to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision. If any provision of the Terms of Use is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties intentions as reflected in the provision, and the provision, and the other provision of the terms remain in full force and effect.
Notices. All notices to a party shall be in writing and shall be made either via email or conventional mail. Notices to LIS Market must be sent to the attention of Customer Service at [email protected], if by email, or at Life Insurance Settlement Market LLC, 2431 NE 48th Court, Lighthouse Point, FL 33064, if by conventional mail. Notices to you will be sent to electronically you at the email address supplied by you as part of your Registration Data. In addition, LIS Market may broadcast notices or messages through the Website to inform you of changes to the Website or other matters of importance, and such broadcasts shall constitute notice to you at the time of sending.
Governing Law; Choice of Forum. These Terms of Use and your use of this Website shall be governed and construed solely in accordance with the laws of the State of Florida, exclusive of its conflicts of laws principles. You irrevocably consent and submit to the sole and exclusive jurisdiction and venue over any action, suit, or other legal proceeding that may arise out of or in connection with the Terms of Use, by the state or federal courts of the State of Florida, and each party consents to the personal jurisdiction of such state and federal courts of said, waives any objection that such courts are an inconvenient forum, and agrees to services of process by mail.
Miscellaneous.
In any action to enforce these Terms of Use, the prevailing party will be entitled to costs and attorneys’ fees. Any cause of action brought by you against LIS Market or its Affiliates must be instituted with one year after the cause of action arises or be deemed forever waived and barred.
Except as outlined in the Rules, you may not assign your rights and obligations under these Terms of Use to any party, and any purported attempt to do so will be null and void. LIS Market may free assign LIS Market’s rights and obligations under these Terms of Use and the Rules.
You agree not to sell, resell, reproduce, duplicate, copy or use for any commercial purposes any portion of this Website, or use of or access to this Website.
In addition to any excuse provided by applicable law, LIS Market shall be excused from liability for non-delivery or delay in delivery of products and services available through this Website in the event that such failure, whether or not foreseeable by either party, was due, in whole or in part, any of the following, including, but not limited to, the event was beyond LIS Market’s reasonable control, labor disturbance, war, fire, accident, adverse weather, inability to secure transportation, governmental ordinance, statute or regulation, governmental action, the lack of or inability to obtain labor, fuel, electrical power, supplies, or any other cause, act of God, contingency or circumstances not submit to LIS Market’s or its Affiliates’ reasonable control, whether or not similar to those which are enumerated above.
If any part of these Terms of Use is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.
Any failure by LIS Market to enforce or exercise any provision of these Terms of Use or related rights shall not constitute a waiver of that right or provision.
Inquiries Regarding this Website Terms of Use: Questions or comments regarding the Terms of Use or this Website should be directed to Life Insurance Settlement Market, LLC, if by mail, at PO Box 51640, Lighthouse Point, FL 33074, telephone (954) 951-3LIS, and if by email, at [email protected].
ACCEPTABLE USE OF THIS WEBSITE. Your use of the Website is subject to all applicable laws and regulations, and you are solely responsible for the substance of your use of and communications through the Website. By posting information in or otherwise using any forms, applications, attachments, communications service, chat room, expert sections, message board, newsgroup, software library, or other interactive service that may be available to you on or through this Website, you agree that you will comply with this Acceptable use Policy and will not upload, share, post, or otherwise distribute or facilitate distribution of any content in violation of this Acceptable Use Policy, the Terms of Use, or the Rules. You agree as follows in respect of the acceptable and unacceptable uses of this Website (as defined in the Terms of Use). You will not and agree not to:
- use or attempt to use this Website for any illegal, abusive or unethical activities as determined by LIS Market in LIS Market’s sole discretion, which include, by example and not limitation,
- the transmission of unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, tortious language or communication in any form, or language that otherwise victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
- the transmission of illegal pornographic material or any explicit or graphic descriptions or accounts of sexual acts (including but not limited to sexual language of a violent or threatening nature directed at another individual or group of individuals); and
- the invasion of privacy, violation of a right of publicity, defamation, infringement of another person’s copyright, trade secret, patent, trademark or other intellectual property rights, hacking or cracking (gaining unauthorized use of a computer), distributing computer viruses or other malware, gambling, harassment of another or distribution of other harmful materials, viruses, worms, code, programs or scripts.
- send unsolicited bulk electronic mail messages, whether via email or text or other electronic service (“junk mail” or “spam”). This includes bulk-mailing of commercial advertising, information announcements, charitable solicitations and political solicitations. Such material may only be sent to those who have specifically requested it or as authorized by applicable law, provided that if you assert that your activities are authorized by applicable law, you shall provide an opinion of reputable counsel establishing a basis upon which your actions are taken. Malicious or threatening electronic communications is also prohibited. Normally LIS Market will assume that you are in compliance with this provision; however, if an upstream provider blacklists LIS Market’s IP range or mail/text server as a result of activities that LIS Market traces to you, LIS Market will presume that you are in violation of this provision.
- breach any applicable data protection statute by, for example, sending or storing personal information (as defined in applicable data protection statutes) in an unencrypted form.
- impersonate another person, falsify the source of TCP/IP packets, spoof any portion of an electronic communication or TCP/IP header, or misrepresent authorization to act on behalf of others or LIS Market. All messages and packets transmitted via the Internet service should correctly identify the sender and source. You may not alter the attribution of origin in electronic communications messages or postings.
- undermine the security or integrity of computing systems or networks or gain unauthorized access or control over LIS Market’s computers or any other person’s computers.
- permit another person to use your resources or this Website to conduct any of the matters you are prohibited from doing.
- distribute any files in any peer-to-peer or file sharing arrangement, where it is possible that in such file sharing process any of this Website may be used to distribute copyrighted materials to or from persons who are not authorized to receive, copy, distribute or use them.
- take any action that would cause LIS Market to violate any terms of an upstream service provider’s acceptable use policy or applicable law.
The above list of acceptable and unacceptable uses of this Website is not intended to be exhaustive, but rather illustrative, of the range of unacceptable uses. LIS Market has the right in LIS Market’s sole discretion to determine whether any particular conduct is an acceptable use of this Website. In cases where LIS Market determines you engaged in conduct that you reasonably believed did not violate this Acceptable Use Policy in good faith, LIS Market will provide you electronic notice of LIS Market’s determination that such conduct is not an acceptable use. Provided you cease such conduct not later than 24 hours after such notice, you will not be considered to be in breach of the Terms of Use.
LIS Market and its affiliates appreciate that you may be concerned about the privacy of personal information that you provide to LIS Market through this Website. Please note that this Online Privacy Policy does not apply to any of LIS Market’s offline practices for personal information that you may provide to LIS Market through means other than this Website.
Information LIS Market Collects and How LIS Market Uses It.
- Voluntary Information Provided by You. Through this Website, LIS Market collects certain personal information whenever you voluntarily provide it, such as when you complete an online form to request information about or request LIS Market’s services. The personal information you provide can include such items as your name, company, age, gender, e-mail and U.S. mail addresses, and your telephone, fax numbers, and information about your life insurance policy. LIS Market uses this information in many ways that it is permitted to use it by law, including to provide information you request, provide services to you, contact you when requested as more specifically outlined in the LIS Market Rules (the “Rules”).
In addition, LIS Market controls or is a part of a family of companies. These companies are referred to as its affiliates. LIS Market may provide nonpublic personal information about you as a user of this Website to its affiliates if the information is required to allow the affiliate to inform you about products or services that LIS Market believes may be of benefit or interest to you.
LIS Market reserves the right to disclose personal information about you where LIS Market believes in good faith that disclosure is required by law, to comply with valid legal processes such as a search warrant, subpoena, or court order, to comply with regulators or law enforcement authorities, to provide services that you have requested or to protect LIS Market’s rights and property. Furthermore, by submitting personal information to LIS Market through this Website, you are expressly authorizing LIS Market to convey that personal information as necessary for LIS Market to provide the services as more specifically outlined in the Rules.
- Web Site Usage Information. This Website employs “cookies” to collect information about you and your usage of this Website. A cookie is a small text file that is placed on your computer and collects information about how you use this Website. If you are browsing the Website’s public areas, LIS Market logs IP addresses and domain names that you access. This information is aggregated for system administration and to monitor this Website’s usage. However, LIS Market cannot use this technical information to identify you personally. It is utilized to measure the number of visits to this Website, average time spent, number of pages viewed and to monitor various other Website statistics. This monitoring helps LIS Market evaluate how visitors use and navigate this Website so LIS Market can improve the content.
If LIS Market sells a business division to another company and your personal information is used by that business, then your personal information may be transferred to the buyer along with the business, so they may use it in the same way.
How Your Information Is Protected. LIS Market takes reasonable steps to protect the confidentiality of your nonpublic personal information, including physical, electronic, and procedural safeguards as required by law. LIS Market continually reviews its security procedures and mechanisms to ensure that reasonable protections are in place.
Links to Other Sites. LIS Market’s Websites may contain links to third-party sites that are not under LIS Market’s control, including those of LIS Market’s strategic partners and other sites with information that LIS Market feels may be useful to you. LIS Market is not responsible for the privacy practices, security or content of these other sites. Accordingly, LIS Market recommends that you review their privacy policies.
Miscellaneous. LIS Market does not intend for this Website to be used by children under the age of 18, nor does LIS Market seek to collect information about children under this age. If you are under the age of 18, LIS Market requests that you do not provide LIS Market with any personal information.
Changes to This Online Privacy Policy. From time to time, LIS Market may amend this Online Privacy Policy by posting it to this Website and changing the date on this page noting when it was last updated. We encourage Users to frequently check this page for any changes to stay informed about how we are helping to protect the personal information we collect. You acknowledge and agree that it is your responsibility to review this privacy policy periodically and become aware of modifications.
Your acceptance of these terms. By using this Site, you signify your acceptance of this policy and terms of service. If you do not agree to this policy, please do not use our Site. Your continued use of the Site following the posting of changes to this policy will be deemed your acceptance of those changes.
Contacting Us. If you have any questions about this Privacy Policy, the practices of this site, or your dealings with this site, please contact us at:
Life Insurance Settlement Market, LLC
Life Insurance Settlement Market, LLC
PO Box 51640
Lighthouse Point, FL 33074
954-951-3LIS
This document was last updated on March 25, 2015