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Terms & Conditions

Terms & Conditions

TERMS AND CONDITIONS

FOR USE OF

EsteemAmerica.COM

This website is maintained by Esteem America, LLC (the “Esteem”, “us,” or “we”) for use by persons who may wish to use Esteem’s  referral services and use this website “you”).

1. ACCEPTANCE OF TERMS

Your access and use of this website are subject to the following terms and conditions and all applicable laws and regulations.

2. COPYRIGHT AND OTHER INTELLECTUAL PROPERTY RIGHTS

Unless otherwise noted, all materials, including images, illustrations, designs, icons, photographs, video clips, and other material on this website or any other website maintained by us, are copyrights, trademarks, trade dress and/or other intellectual properties owned or licensed by us. No material from this website or from any other website maintained by us may be copied, reproduced, republished, uploaded, posted, transmitted, modified, distributed or publicly displayed, other than for your own use of this website, except as expressly permitted on this website. Doing so violates our copyright or other intellectual property rights or such rights of the party who licensed the use of such materials to us.

You may not remove, alter, or block any copyright or other proprietary notice on this website or any other website maintained by us.  You may not assign, transfer, sell, lease, rent, charge, distribute, disclose or market to any third party any materials related to this website or any other website maintained by us, or otherwise deal in, encumber or infringe upon such materials, or use such materials on behalf of any third party or make available such materials to any third party.

All trademarks and service marks contained on this website are the property of their respective owners.

3. PRIVACY POLICY

Please click on the following link to view Esteem’s Privacy Policy:  https://www.esteemamerica.com/privacy-policy

4. PASSWORD/ACCOUNT PROTECTION AND USE

If applicable, you will receive a password and account designation upon completing the website registration process. You may provide a password and account designation only to persons who you obligate to comply with these Terms and Conditions.  If you receive multiple passwords or account designations, you are responsible for assigning them to persons for whom you are responsible and are responsible for terminating their passwords and account designations when you no longer retain responsibility for their use of the password and account designation you assigned to them. You solely are responsible for maintaining the confidentiality of your password and account and are fully responsible for all activities using your password or account. You agree to (a) immediately notify us of any unauthorized use of your password or your account or any other breach of security, and (b) exit from your account at the end of each session.  We cannot and will not be liable for any loss or damage arising from your failure to comply with this Section.

Even if your use of this website does not require a password, you agree to obligate your employees, agents and others in your control to abide by these Terms and Conditions and you agree to be responsible for their compliance with these Terms and Conditions.

5. LINKS TO THIRD PARTY WEBSITES

We may provide, or third parties may provide, links to other websites or resources. Because we have no control over such websites and resources, you acknowledge and agree that we are not responsible for the availability of such external sites or resources, and we do not endorse and are not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such website or resource.

6. NO WARRANTIES – THIS WEBSITE IS PROVIDED SOLELY “AS-IS”

THE MATERIALS IN THIS WEBSITE ARE PROVIDED SOLELY “AS-IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.

Information contained on this website has been prepared as a convenience to its users and is not intended to constitute any advice or recommendation upon which a user may rely.  We have used reasonable efforts in collecting, preparing and providing quality information and material, but make no warranty or guarantee about the accuracy, completeness, or adequacy of the information contained in or linked to this website or any other website maintained by us. Users relying on information from this website do so solely at their own risk.

We may provide you with planning and educational tools, including calculators. Such tools and calculators may allow you to model “what-if” scenarios, the results of which are illustrative and are based on the information and assumptions identified. There is no guarantee that the results shown are necessarily accurate or will be achieved.  In addition, these tools and calculators are not part of any planning report for which you may have paid a fee, even if the tools and calculators include information derived from or contained in a report.  We make no warranty regarding the accuracy of such calculators available for use on this website. 

7. DISCLAIMERS

TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT OR REPRESENT THAT THIS WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS WEBSITE OR ANY OTHER WEBSITE MAINTAINED BY US OR THE SERVER(S) THAT MAKES THE WEBSITES AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS THAT INFORMATION AND MATERIALS IN THIS WEBSITE OR ANY OTHER WEBSITE ARE CORRECT, ACCURATE, TIMELY, RELIABLE, CORRECTLY SEQUENCED OR OTHERWISE.  THE USER (AND NOT US) ASSUMES THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION.

8. EXCLUSIONS/LIMITATIONS

UNDER NO CIRCUMSTANCES, REGARDLESS OF WHETHER BASED ON CONTRACT, TORT OR NEGLIGENCE, OR IN LAW OR IN EQUITY, SHALL WE BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFITS) THAT ARISE OUT OF OR ARE IN CONNECTION WITH ANY ERRORS, INACCURACIES, OMISSIONS, DEFECTS,  OR UNTIMELINESS OF ANY CONTENT ON THIS WEBSITE, OR THE USE, INTERRUPTION OF USE, OR INABILITY TO USE THIS WEBSITE, THE MATERIALS IN THIS WEBSITE OR ANY OTHER WEBSITE MAINTAINED BY US, OR OTHERWISE RELATING TO THIS WEBSITE, EVEN IF WE OR AN AUTHORIZED REPRESENTATIVE OF US HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

YOU MAY BE ABLE TO DOWNLOAD FROM THE SYSTEM ELECTRONIC COMMUNICATIONS SENT AND RECEIVED AND TO MAINTAIN AND STORE COMMUNICATIONS ON YOUR SYSTEM. UNDER NO CIRCUMSTANCES SHALL THIS WEBSITE OR ANY OTHER WEBSITE MAINTAINED BY US BE LIABLE FOR ANY LOSS OR DAMAGE ARISING OUT OF DOWNLOADING OR STORING ELECTRONIC COMMUNICATIONS.

9. USE OF COOKIES

A “cookie” is a small piece of information sent by a web server to store in a web browser so that it can later be read back from that browser. This website may use cookies to store some personal preferences for your future visits to this website. They tell us whether you have visited this website before and help us determine if you came from a particular Internet link or banner advertisement.

In some cases, we store the information needed to grant you access in a cookie. Cookies allow the website to recognize you more quickly so your time spent on this website is more productive. You’ll find that cookies are an industry standard and are used at most major websites in much the same way we use them in this website.

10. THIRD PARTY TRACKING AND DO NOT TRACK

Third parties may use tracking technologies in connection with our Site, which may include the ‎‎collection of information about your online activities over time and across third-party websites. ‎‎We only use these third party analytics providers on certain areas of our website and such third ‎parties cannot collect any other personally identifiable information from our websites ‎unless you ‎provide it to them directly.‎

‎Do Not Track is a technology that enables users to opt ‎out of tracking by websites they do not ‎visit.  We do not currently respond to your browser’s Do Not Track signal.  We do not track your ‎online browsing activity on other online services over time.‎

11. CONNECTION REQUIREMENTS

You are responsible for providing and maintaining, at your own option and expense, all hardware, software and communication lines required to access and use this website.  We reserve the right to change the configuration at any time, so you are encouraged to review these Terms and Conditions regularly.

12. ACCEPTABLE USE POLICY

This Website is not intended for use by minors. The following are not permitted on this website:

Illegal use. Using this website to transmit any material (by email, uploading, posting, or otherwise) that, intentionally or unintentionally, violates any applicable local, state, national or international law, or any rules or regulations promulgated thereunder;

Harm to minors. Using this website to harm, or attempt to harm, minors in any way;

Threats. Using this website to transmit any material (by email, uploading, posting, or otherwise) that threatens or encourages bodily harm or destruction of property;

Harassment.  Using this website to transmit any material (by email, uploading, posting, or otherwise) that harasses another;

Fraudulent activity. Using this website to make fraudulent offers to sell or buy products, items, or services or to advance any type of financial scam such as “pyramid schemes,” “ponzi schemes,” and “chain letters;”

Forgery or impersonation.  Adding, removing or modifying identifying network header information in an effort to deceive or mislead, or attempting to impersonate any person by using forged headers or other identifying information;

Unsolicited commercial email/Unsolicited bulk email. Using this website to transmit any unsolicited commercial email or unsolicited bulk email, or facilitating unsolicited commercial email or unsolicited bulk email whether or not that email is commercial in nature;

Unauthorized access. Using this website to access, or to attempt to access, the accounts of others, or to penetrate, or attempt to penetrate, our security measures or another entity’s computer software or hardware, electronic communications system, or telecommunications system, whether or not the intrusion results in the corruption or loss of data;

Copyright or trademark infringement. Using this website to transmit any material (by email, uploading, posting, or otherwise) that infringes any copyright, trademark, patent, trade secret, or other proprietary rights of any third party, including, but not limited to, the unauthorized copying of copyrighted material, the digitization and distribution of photographs from magazines, books, or other copyrighted sources, and the unauthorized transmittal of copyrighted software;

Collection of personal data.  Using this website to collect, or attempt to collect, personal information about third parties without their knowledge or consent;

Reselling the services.  Reselling access, any content or any aspect of this website without our authorization; and

Network disruptions and unfriendly activity.  Using this website for any activity which adversely affects the ability of other people or systems to use the website, including “denial of service” attacks against another network host or individual user, interfering with or disrupting other network users, network services or network equipment.

We may take any one or more of the following actions in response to actual or suspected violations above:

  • issue warnings: written or verbal;
  • suspend or terminate the user’s account; 
  • charge the user for administrative costs and/or reactivation charges; or
  • bring legal action to enjoin violations and/or to collect damages, if any, caused by violations.

We may cooperate with legal authorities and/or third parties in the investigation of any suspected or alleged crime or civil wrong.

13. RIGHT TO MONITOR

We neither actively monitor use of this website under normal circumstances, nor exercise editorial control over the content of any third party’s website, electronic mail transmission, news group, or other material created or accessible over or through this website. We reserve the right to remove any materials that, in our sole discretion, may be illegal, may subject us to liability, may violate these Terms and Conditions, or are, in our sole discretion, inconsistent with the purpose for this website.

14. TERMINATION

We, in our sole discretion, may terminate your password, account (or any part thereof) or use of this website, and remove and discard any content within the website, for any reason, including, without limitation, for lack of use or if we believe that you have violated or acted inconsistently with these Terms and Conditions or the purpose of this website. We may also in our sole discretion and at any time discontinue your access to the website, or any part thereof, with or without notice. You agree that any termination of your access to the website under any provision of these Terms and Conditions may be effected without prior notice, and acknowledge and agree that we may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the website. Further, you agree that the we shall not be liable to you or any third-party for any termination of your access to the website.

15. MISCELLANEOUS

These Terms and Conditions, the Privacy Policy and the other policies posted on this website constitute the entire agreement between you and us with respect to your use of this website.  We may revise, amend, or modify these Terms and Conditions, the Privacy Policy and any other user policies and agreements, at any time by changing these Terms and Conditions as posted here. Notice of any revision, amendment, or modification may be posted on this website and/or on users’ start pages and/or by email and/or in our various publications and mailings to users.  Users are deemed to be aware of and bound by any changes to these Terms and Conditions and the Privacy Policy. We shall not be deemed to have waived any rights or remedies accruing to it hereunder unless such waiver is in writing and signed by our respective authorized officers.  No delay or omission by us in exercising any right shall operate as a waiver of said right on any future occasion.  All rights and remedies hereunder shall be cumulative and may be exercised singularly or concurrently.

This Agreement is governed by and shall be interpreted solely in accordance with Florida laws without regard to its conflict of law rules.

The federal and state courts located in Indiana River County, Florida alone have jurisdiction over all disputes arising out of or relating to this Agreement and the website. You irrevocably consent to the personal jurisdiction of such courts sitting in the aforementioned State with respect to such matters or otherwise between you and us, and waive your rights to removal or consent to removal.

Any provision of these Terms and Conditions that by their nature extend beyond the expiration of this agreement shall survive expiration or termination of this agreement and shall remain in effect until all such obligations are fully satisfied.

If any provision of these Terms and Conditions or the application thereof to any party or circumstances shall, to any extent, now or hereafter be or become invalid or unenforceable, the remainder of these Terms and Conditions shall not be affected thereby and every other provision of this Agreement shall be valid and enforceable, to the fullest extent permitted by law.

16. CONTACTING US

If you need to contact us, you may do so at the following email address:  [email protected]

17. NATURE OF AND DISCLAIMERS OF SERVICES

Esteem is not licensed, or acting or intending to act, as an insurance agency, agent, broker or producer, investment advisor, life or viatical settlement provider, life or viatical settlement broker or life or viatical settlement representative.  Esteem is not an agent, broker, fiduciary or representative of any holder of or insured under a life insurance policy or any person that uses Esteem’s referral services.  No policyholder is under an obligation to sell a life insurance policy. We do not charge any fees to a user of our referral services, but we may receive a referral fee from a life or viatical settlement broker or a life or viatical settlement provider to which we refer a user.  Esteem’s referral services do not constitute a solicitation or offer by Esteem or its affiliates to buy or sell any life insurance policy, or to provide any viatical or life settlement or investment advice or service. Esteem’s referral services do not constitute business, insurance, financial, investment, estate planning, legal or tax advice or recommendations, and a policyholder should not rely on Esteem referral services as a basis for making a decision to sell or not to sell a life insurance policy or any viatical or life settlement transaction decision.  A holder of or insured under a life insurance policy should seek advice about the life insurance policy and any potential viatical or life settlement transaction from the policyholder’s and insured’s own business, financial, insurance, investment, estate planning, legal and tax advisors.  Through the policyholder’s and insured’s Authorization of Policy Owner and Insured for use and Disclosure of Non-Public Personal Information for Referral for Potential Life Settlement Transaction granted to Esteem, the policyholder and insured have authorized Esteem to use and disclose their non-public personal information (including the insured’s protected health information) and, through the insured’s Authorization for Disclosure of Protected Health Information granted to Esteem, the insured has authorized Esteem to obtain the insured’s protected health information, for purposes of Esteem’s referral services.