By using the Life Happens Agent Locator, you are agreeing to abide by joint terms and conditions of NAIFA and Life Happens. They are as follows:
By using the Life Happens Agent Locator (“Agent Locator”), You indicate that You understand and intend these Terms and Conditions to be the legal equivalent of a signed, written contract and equally binding, and that You accept such Terms and Conditions and agree to be legally bound by them. Please note that the Life and Health Insurance Foundation for Education (“Life Happens”) reserves the right to change these Terms and Conditions. Your continued use of this of the Agent Locator following such modifications will be conclusively deemed acceptance by You of any changes to these Terms and Conditions. Life Happens will provide reasonable notice that these Terms and Conditions have been changed on our web site; please watch for such notices. By using the Agent Locator (“Agent Locator”), you are agreeing to the following terms and conditions:
1) Life Happens grants You with a personal, revocable, nonexclusive, nontransferable license to use the Agent Locator conditioned on Your continued compliance with these Terms and Conditions. You may access and use the information on the Agent Locator solely for personal and noncommercial use. Use of the Agent Locator for any other purpose, including, without limitation, for any commercial or telemarketing purpose, is strictly prohibited. As a further condition of use of the Agent Locator, You warrant to Life Happens that You will not use the Agent Locator for any purpose that is unlawful or otherwise prohibited by these Terms and Conditions.
2) The Agent Locator, unless otherwise indicated, is protected by law including, but not limited to, United States copyright and trademark law, as well as other state, national, and international laws and regulations. Except as expressly provided herein, Life Happens does not grant any express or implied right to You.
3) Life Happens is providing the Agent Locator as a resource to locate insurance agents in Your area. Although this list is provided as a service to the public, use of the agents’ services and the purchase of insurance products offered by the agents is at Your own risk. Life Happens does not endorse any of the agents listed in the Agent Locator, and shall not be liable in connection with the quality of the products or services provided by those agents.
4) THE AGENT LOCATOR IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to You.
NEITHER LIFE HAPPENS NOR ITS AFFILIATES SHALL BE LIABLE TO YOU OR ANY OTHER PARTIES FOR DIRECT, PUNITIVE, EXEMPLARY, SPECIAL, INDIRECT, INCIDENTAL, MULTIPLE OR CONSEQUENTIAL DAMAGES, WHETHER UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR IN CONNECTION WITH: (A) YOUR ACCESS TO, OR USE OF, THE AGENT LOCATOR; (B) ANY PRODUCTS OR SERVICES OFFERED BY THE AGENT(S) LISTED IN THE AGENT LOCATOR; OR (C) THE CONDUCT, ACTS OR OMMISSIONS OF THE AGENTS LISTED IN THE AGENT LOCATOR. Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages. In such jurisdictions, our liability is limited to the greatest extent permitted by law.
5) You agree to defend, indemnify, and hold harmless Life Happens and all of its officers, directors, employees, members, successors and assigns, from and against any and all claims, proceedings, damages, injuries, liabilities, losses, costs, and expenses (including reasonable attorneys’ fees and litigation expenses), relating to or arising from Your use of the Agent Locator, any breach by You of this Agreement, or any other matter for which You are responsible hereunder or under law.
6) These Terms and Conditions will take effect at the time You begin using the Agent Locator (thereby indicating acceptance of these Terms and Conditions). Life Happens reserves the right at any time and for any reason to deny You access to the Agent Locator or any portion thereof, and to terminate Your license to use the Agent Locator. Termination will be effective without notice.
7) The construction, validity and performance of these Terms and Conditions shall be governed by, and construed in accordance with, the laws of the Commonwealth of Virginia, U.S.A., and the parties expressly waive its choice of law rules. The parties agree that venue and jurisdiction for any dispute arising out of, related to, or regarding the Agent Locator and/or these Terms and Conditions shall lie in the federal and state courts serving Arlington, Virginia.
NAIFA members have provided the information contained in the NAIFA Agent Locator. NAIFA makes no representations or guarantees, and assumes no responsibility or liability whatsoever, in connection with the content, accuracy, operation or use of the NAIFA Agent Locator. NAIFA does not control or endorse, and assumes no responsibility or liability whatsoever in connection with, any communications or transactions that may result from use of the NAIFA Agent Locator. NAIFA disclaims all liability for any claims or damages that may result from use of the NAIFA Agent Locator. By your use of the NAIFA Agent Locator you agree to indemnify and hold NAIFA harmless from any claim arising from such use.