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Welcome
to afedirect.com (the "Site"). The Site is provided
by American Fidelity Assurance Company (the "Company")
as a service to the public and our customers.
The following basic rules govern your use of the
Site (the "Agreement"). Note that your use of
the Site constitutes your unconditional agreement
to follow and be bound by these Terms and Conditions.
The Company reserves the right to update or modify
these Terms and Conditions at any time without
prior notice. Your use of afedirect.com constitutes
your unconditional agreement to follow and be
bound by the Terms and Conditions as changed.
For this reason, we encourage you to periodically
review these Terms and Conditions.
1. USE OF THIS SITE
The Site and all its Contents are intended solely
for your personal, non-commercial use. You agree
to use this Web Site in a prudent fashion, and
agree to fully determine on your own, the usefulness
of any information provided herein as you make
decisions regarding its content. You may download
or copy the Contents and other downloadable materials
displayed on the Site for your personal use only.
No right, title or interest in any downloaded
materials or software is transferred to you as
a result of any such downloading or copying. You
may not reproduce (except as noted above), publish,
re-publish, upload, post, re-post, reverse engineer,
re-use, alter, transmit, distribute, display,
modify, create derivative works from, sell or
participate in any sale of or exploit in any way,
in whole or in part, any of the Contents, the
Site or any related software. All software used
on this site is the property of the Company or
its suppliers and is protected by U.S. and international
copyright laws. Any other use, including the reproduction,
modification, distribution, transmission, republication,
display, or performance, of the content on this
site is strictly prohibited. The American Fidelity
logo, is a trademarks of American Fidelity Assurance
Company. American Fidelity Group® is a registered
trademark of American Fidelity Corporation.
2. GENERAL
The Company reserves the right at any time, at
its sole discretion, to change, alter, improve,
downgrade, modify, suspend - temporarily or permanently,
or discontinue any aspect or feature of the Site,
including, but not limited to, Content, hours
of availability and equipment and/or software
required for access or use of the Site or any
portion thereof to the full extent allowed by
law, at any time, with or without notice. The
Company shall have no obligation or liability
to any party regarding any change, alteration,
improvement, downgrade, modification, discontinuance,
or suspension to any part of this or any Company-related
Website, including this Agreement or the Company's
Privacy Policy <link to privacy policy page>,
or any other information, data, programs or products
contained on or described on this Web Site. The
Company may also change the terms and conditions
set forth in this Agreement and any subsequent
use of the Website by you constitutes your agreement
to such changed terms and conditions. Any rights
not expressly granted herein are reserved to the
Company.
The materials contained herein and any related
Company Websites, both text and graphics, are
presented for informational and illustrative purposes
only. Nothing on the Site is intended as, nor
should it be construed as, an offer to sell or
an invitation to buy any product or service currently
offered by the Company. The Company's products
and services are available only in those states
and jurisdictions where the Company is licensed
and each product and/or service has received regulatory
approval as may be required by law.
Access to and use of the Site are provided on
an "as is" and "as available" basis without express
or implied warranties of any kind. The Company
does not warrant that such access and use will
be uninterrupted. The Company cannot and does
not guarantee the completeness or accuracy of
any information obtained from the Site or its
applicability to your unique financial situation
except where expressly required by state or federal
law. The information contained herein is presented
without express or implied warranties of any kind.
The information is not intended as, nor should
it be construed as, financial, legal or professional
advice. You agree to seek the advice of and consult
with your own competent legal, financial or tax
advisor before you make any decision pertaining
to any matter directly or indirectly related to
information contained within this Web Site.
3. COPYRIGHTS and TRADEMARKS
Unless otherwise noted, all materials, including
images, text, illustrations, designs, icons, photographs,
programs, video clips and written and other materials
that are part of this Site (collectively, the
"Contents") are copyrights, trademarks, trade
and/or other intellectual property owned, controlled
or licensed by the Company, one of its affiliates
or by third parties who have licensed their materials
to the Company and are protected by U.S. and international
copyright laws. The compilation (meaning the collection,
arrangement, and assembly) of all content on this
site is the exclusive property of the Company
and is also protected by U.S. and international
copyright laws.
The Company and its suppliers and licensors expressly
reserve all intellectual property rights in all
text, programs, products, processes, technology,
content and other materials which appear on the
Site. Access to the Site does not confer and shall
not be considered as conferring upon anyone any
license under any of the Company's or any third
party's intellectual property rights.
The Company logo, and all related product and
service names, design marks and slogans are the
trademarks or service marks of the Company. American
Fidelity Group® is a registered trademark of American
Fidelity Corporation. No trademark or service
mark license is granted in connection with the
materials contained on this website. Access to
this website does not authorize anyone to use
any name, logo or mark in any manner.
References on this website to any names, marks,
products or services of third parties or hypertext
links to third party sites or information are
provided solely as a convenience to you and do
not in any way constitute or imply the Company's
endorsement, sponsorship or recommendation of
the third party, information, product or service.
4. EXTERNAL LINKS
The Site may contain links to other websites.
The Company is not responsible for the availability
of these external websites nor does it endorse
or is it responsible for any of the contents,
advertising, products or other materials on such
external websites. Under no circumstances shall
the Company be held responsible or liable, directly
or indirectly, for any loss or damage caused or
alleged to have been caused in connection with
the use of or reliance on any content, goods or
services available on any such external website.
Any concerns regarding any external link should
be directed to the respective website, rather
than to the Company. Including a link to an external
site in the Site does not expressly state or imply
that the Company has authorization from the owner
of such site to link to it. The Company is not
responsible for the content of any third party
sites and does not make any representations regarding
the availability, content or accuracy of material
on such sites. The Company cannot and does not
monitor the sites linked to our pages on the Internet.
If you decide to link to any such third party
web sites, you do so entirely at your own risk.
You agree not to provide links to this Website
without the prior authorization and written consent
of the Company.
5. SITE SECURITY
You are prohibited from violating or attempting
to violate the security of the Site, including,
without limitation, (a) accessing data not intended
for such user, (b) logging onto a server or an
account which you are not authorized to access;
(c) attempting to probe, scan or test the vulnerability
of a system or network or to breach security or
authentication measures without proper authorization;
(d) attempting to interfere with service to any
user, host or network, including, without limitation,
via means of submitting a virus to the Site, introducing
a Disabling Device (as hereinafter defined), overloading,
"flooding," "spamming," "mail-bombing" or "crashing;"
(e) sending unsolicited email, including promotions
and/or advertising of products or services; or
(f) forging any TCP/IP packet header or any part
of the header information in any email or newsgroup
posting. Violations of system or network security
may result in civil or criminal liability. The
Company will investigate occurrences that may
involve such violations and may involve, and cooperate
with, law enforcement authorities in prosecuting
users who are involved in such violations.
You agree not use this Website in a manner that
inhibits or restricts other users from enjoying
the same. You agree not to post or transmit any
information, software or other material that 1)
contains a virus, worm, Trojan horse, Timebomb
or other harmful component; 2) is defamatory,
abusive, obscene, illegal, threatening, libelous,
pornographic or profane; and 3) infringes on the
privacy, intellectual property and/or other protected
rights of others, including without limitation
any postings or transmissions that would constitute
a criminal offense, give rise to civil liability
or otherwise violate any local, state, national
or international law. You agree not to use any
device, software or routine to interfere or attempt
to interfere with the proper working of this Site
or any activity being conducted on this site.
You agree, further, not to use or attempt to use
any engine, software, tool, agent or other device
or mechanism (including without limitation browsers,
spiders, robots, avatars or intelligent agents)
to navigate or search this Site other than the
search engine and search agents available from
Company on the Site and generally available third
party web browsers (e.g., Netscape Navigator,
Microsoft Explorer).
6. USER COMMENTS, FEEDBACK, AND OTHER SUBMISSIONS
We welcome Feedback regarding the afedirect.com
website. All comments, feedback, suggestions,
ideas, and other submissions disclosed, submitted
or offered to the Company on or by this Site or
otherwise disclosed, submitted or offered in connection
with your use of this Site (collectively "Feedback")
shall be and remain the Company's property. Such
disclosure, submission or offer of any Feedback
shall constitute an assignment to the Company
of all worldwide rights, titles and interests
in all copyrights and other intellectual properties
in the Feedback. Thus, the Company will own exclusively
all such rights, titles and interests and shall
not be limited in any way in its use, commercial
or otherwise, of any Feedback. The Company will
be entitled to use, reproduce, disclose, publish
and distribute any feedback you submit for any
purpose whatsoever, without restriction and without
compensating you in any way. The Company is and
shall be under no obligation (1) to maintain any
Feedback in confidence; (2) to pay to user any
compensation for any Feedback; or (3) to respond
to any user Feedback. You agree that no Feedback
submitted by you to the Site will violate any
right of any third party, including copyright,
trademark, privacy or other personal or proprietary
right(s). You further agree that no Feedback submitted
by you to the Site will be or contain libelous
or otherwise unlawful, abusive or obscene material.
You are and shall remain solely responsible for
the content of any Feedback you submit.
Feedback does NOT include information you provide
to the Company through the Site when you are requesting
information about your existing policies, offering
to purchase additional products or services, or
conducting business transactions with the Company
using the Site. For complete information about
the Company's Privacy and Personal Information
Protection Practices please see our Internet
Privacy Policy.
7. INDEMNIFICATION
You agree to defend, indemnify and hold the Company
harmless from and against any and all claims,
damages, costs and expenses, including attorneys'
fees, arising from or related to your use of the
Site.
8. TERMINATION
These terms are effective unless and until terminated
by either you or the Company. You may terminate
this Agreement at any time by discontinuing any
further use of the Site. The Company also may
terminate this Agreement at any time and may do
so immediately without notice, and accordingly
deny you access to the Site, if in the Company's
sole discretion you fail to comply with any term
or provision of this Agreement. Upon any termination
of the Agreement by either you or the Company,
you must promptly destroy all materials downloaded
or otherwise obtained from this Site, as well
as all copies of such materials, whether made
under the terms of use or otherwise.
9. DISCLAIMER
THIS SITE AND ANY AND ALL INFORMATION PROVIDED
HEREIN OR IN RELATED COMPANY SITES RELATED TO
THE COMPANY, OUR OFFICERS, DIRECTORS, AGENTS,
EMPLOYEES, PARENT, AFFILIATES, SUBSIDIARIES OR
OTHER MEMBERS OF THE AMERICAN FIDELITY GROUP®,
INCLUDING AMERICAN FIDELITY CORPORATION, AMERICAN
PUBLIC LIFE INSURANCE COMPANY AND SECURITY GENERAL
LIFE INSURANCE COMPANY ARE PROVIDED ON AN "AS
IS" AND "AS AVAILABLE" BASIS. THE COMPANY MAKES
NO REPRESENTATIONS OR WARRANTIES OF ANY KIND,
EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE
SITE OR THE INFORMATION, CONTENT, MATERIALS, OR
PRODUCTS INCLUDED ON THIS SITE. TO THE FULL EXTENT
PERMISSIBLE BY APPLICABLE LAW, AMERICAN FIDELITY
ASSURANCE COMPANY, ITS OFFICERS, DIRECTORS, AGENTS,
EMPLOYEES, PARENT, AFFILIATES, SUBSIDIARIES AND
OTHER MEMBERS OF THE AMERICAN FIDELITY GROUP®
DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING,
BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY
AND FITNESS FOR A PARTICULAR PURPOSE, TITLE OR
NON-INFRINGEMENT. THE INFORMATION PROVIDED HEREIN
IS FOR INFORMATIONAL PURPOSES ONLY AND THE COMPANY
DOES NOT WARRANT THAT THE INFORMATION IS COMPLETE
OR ACCURATE, THAT USE OF THE SITE WILL BE UNINTERRUPTED
OR ERROR FREE OR THAT ANY INFORMATION IS FREE
OF DISABLING DEVICES (AS HEREINAFTER DEFINED),
THAT DEFECTS WILL BE CORRECTED, OR THAT THIS WEB
SITE OR THE SERVER FROM WHICH IT IS ACCESSED ARE
FREE FROM VIRUSES, TIMEBOMBS, WORMS, TROJAN HORSES
OR OTHER HARMFUL COMPONENTS WHICH MAY PREVENT
USERS FROM USING A WEBSITE OR ANY OTHER ITEM OF
HARDWARE OR SOFTWARE OR MAY ERASE, SCRAMBLE, LOCK
OR DISABLE COMPUTER SOFTWARE OR EQUIPMENT. SHOULD
YOU OFFER TO PURCHASE A PRODUCT FROM THE COMPANY
OR A THIRD PARTY, THE TERMS AND CONDITIONS APPLICABLE
TO THAT TRANSACTION WILL GOVERN SUCH PURCHASE;
YOUR USE OF THIS WEBSITE DOES NOT AFFECT THAT
PURCHASE IN ANY MANNER. WITHOUT LIMITING THE FOREGOING,
YOU ACKNOWLEDGE, BY YOUR USE OF THE AMERICAN FIDELITY
ASSURANCE COMPANY WEBSITE, THAT YOUR USE OF THE
SITE IS AT YOUR SOLE RISK. THIS DISCLAIMER CONSTITUTES
AN ESSENTIAL PART OF THIS AGREEMENT. SOME STATES
DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED
WARRANTY LASTS, SO THE FOREGOING LIMITATIONS MAY
NOT APPLY TO YOU.
10. DISABLING DEVICE
A "Disabling Device" is defined as any software,
document, message or other material which contains
a computer virus, worm, trojan horse, timebomb
or other device which may erase, scramble, lock
or disable computer software or equipment or may
prevent users from using a website or any other
item of hardware or software.
11. LIMITATION OF LIABILITY
IN NO EVENT AND UNDER NO CIRCUMSTANCES AND UNDER
NO LEGAL OR EQUITABLE THEORY, WHETHER BASED ON
TORT, CONTRACT, STRICT LIABILITY, BAD FAITH OR
OTHERWISE, SHALL AMERICAN FIDELITY ASSURANCE COMPANY
OR ANY OF ITS EMPLOYEES, DIRECTORS, OFFICERS,
AGENTS, VENDORS, SUPPLIERS, PARENT, AFFILIATES
OR SUBSIDIARIES BE LIABLE TO YOU OR TO ANY OTHER
PERSON FOR ANY COSTS, DIRECT, INDIRECT, SPECIAL,
INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL
LOSSES OR DAMAGES OF ANY NATURE ARISING OUT OF
OR IN CONNECTION WITH THE USE OF OR INABILITY
TO USE THIS OR ANY COMPANY-RELATED WEB SITE, OR
ANY OTHER DIRECT OR INDIRECT HYPER-LINKED WEBSITES,
INCLUDING, WITHOUT LIMITATION, DAMAGES OR CLAIMS
FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA,
WORK STOPPAGE, ACCURACY OF RESULTS, VIRUSES, OMISSIONS,
DELAYS, NONDELIVERY OF INFORMATION, RELIANCE ON
INFORMATION, BUSINESS OR PERSONAL INTERRUPTIONS,
USE, LOSS OF PROGRAMS, LOSS OF FILES, ERRORS,
DEFECTS, DISABLING DEVICES, COMPUTER FAILURE OR
MALFUNCTION OR OTHER INTANGIBLE LOSSES, EVEN IF
THE COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES,
AGENTS, BUSINESS PARTNERS, PARENT, AFFILIATES
OR SUBSIDIARIES HAVE BEEN ADVISED OF OR SHOULD
HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT WILL AMERICAN FIDELITY ASSURANCE COMPANY
BE LIABLE FOR ANY DAMAGES IN EXCESS OF ANY FEES
LEVIED BY THE COMPANY AND PAID BY YOU IN CONNECTION
WITH YOUR USE OF THE SITE DURING THE MONTH PRECEDING
THE DATE ON WHICH THE CLAIM AROSE.
12. SOFTWARE LICENSE
Any software that is made available to download
from the Site ("Software") is owned or licensed
by the Company and/or its suppliers and is subject
to U.S. and international copyright, trade secret,
trademark and other laws protecting intellectual
property. Use of the Software is governed by the
terms of the end user license agreement, if any,
which accompanies or is included with the Software,
unless acceptance of a different license agreement
is required prior to downloading the Software
(the "License Agreement").
The Software is made available for downloading
solely for use by end users according to the License
Agreement. Any reproduction or redistribution
of the Software not in accordance with the License
Agreement is expressly prohibited by law, and
may result in severe civil and criminal penalties.
Violators will be prosecuted to the extent permitted
by applicable law.
WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION
OF THE SOFTWARE TO ANY OTHER SERVER OR LOCATION
FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS
EXPRESSLY PROHIBITED. THE SOFTWARE IS WARRANTED,
IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE
LICENSE AGREEMENT. EXCEPT AS WARRANTED IN THE
LICENSE AGREEMENT, THE COMPANY HEREBY DISCLAIMS
ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE
SOFTWARE, INCLUDING ALL IMPLIED WARRANTIES AND
CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, TITLE AND NONINFRINGEMENT.
13. EXPORT CONTROLS.
Software from the Site is further subject to United
States export controls, No software from the Site
may be downloaded or otherwise exported or re-exported
(i) into (or to a national, agent or resident)
of any country to which the U.S. has embargoed
goods; or (ii) to anyone on the U.S. Treasury
Department's list of Specially Designated Nationals,
or the U.S. Commerce Department's Table of Deny
Orders. By downloading or using the Software,
you represent and warrant that you are not located
in, under the control of, or a national, agent
or resident of any such country or on any such
list.
14. LOCALITY
The Company operates and controls the Site from
its offices located in the state of Oklahoma in
the United States. The Company makes no representation
that the information or other materials in the
Site are appropriate or available for use in other
locations. If you choose to access this Website
outside of the State of Oklahoma through your
own initiative, you are responsible for compliance
with local laws, if and to the extent local laws
are applicable.
15. COMPLETE AGREEMENT
This Agreement represents the complete agreement
between the parties and supersedes all previous
written or oral agreements between the parties
with respect to such subject matter. If any provision
of this Agreement is held to be unenforceable
for any reason, such provision shall be reformed
only to the extent necessary to make it enforceable
and the other terms of this Agreement shall remain
in full force and effect. The failure of Company
to act with respect to a breach of this Agreement
by you or others does not constitute a waiver
and shall not limit Company's rights with respect
to such breach or any subsequent breaches. This
Agreement shall be governed by and construed under
Oklahoma law as such law applies to agreements
between Oklahoma residents entered into and to
be performed within Oklahoma, without giving effect
to any principles of conflicts of law. Any action
or proceeding arising out of or related to this
Agreement or your use of this Site must be brought
in the state or federal courts of Oklahoma.
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