1. 'We', 'us', 'our' and 'CUNA Mutual Group' refer to the CMFG Life Insurance Company and its affiliates, that is entities which are controlled by, control,
or are under common control with, CMFG Life Insurance Company. For purposes of this Section, “control†means possessing, directly or indirectly, formally or
de
facto
, the power to direct or substantially affect the direction of the management, policies and operations of an entity, whether through ownership of
voting securities, by contract, by position of authority, through financing, marketing, product supply, or otherwise. However, this Agreement does not have
the effect of making you, as a customer of one company within the CUNA Mutual Group, a customer of any other such company.
2. You agree to use the Website in a manner consistent with these Terms of Use.
3. You may not transfer, sell, or otherwise assign your rights or obligations under this Agreement.
4. We may terminate your access to and use of the Website at any time.
5. This Agreement incorporates the Privacy Statement set forth on this Website as the same may be modified from time to time.
6. You acknowledge that CUNA Mutual Group or its licensors own and hold all intellectual property and proprietary rights, title and interest in the
Website, and that your use of the same does not transfer any rights in the same to you. You agree:
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Not to copy, reproduce, distribute, publish, display, perform, modify, or create derivative works from the Website. You may only download material from this
Website for your own use as follows: you may make one machine readable copy and/or one print copy that is limited to occasional items of individual
interest only. You may not remove or amend any trademark, copyright or other proprietary notice. Without limiting the generality of the foregoing, you may
not distribute any part of this Website over any network, nor sell or offer it for sale. You may not copy, decompile, reverse-engineer, disassemble, modify,
or create derivative works of the Website. Open Source software used in the Website is provided in accordance with the terms of the applicable Open Source
Software license, and CUNA Mutual Group is not a party to the same. We reserve all rights that are not specifically granted to you.
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That you are expressly prohibited from presenting the Website in a setting created by you or a third party (e.g., through framing), particularly (but not
exclusively) where that setting includes advertising or other materials that we have not expressly authorized to be displayed with the Website.
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That any of your questions, comments, or suggestions for improvements regarding the Website or the services that you email, post, or otherwise transmit to CUNA
Mutual Group (your "Communications") will become the property of CUNA Mutual Group. You hereby relinquish and assign to CUNA Mutual Group the
worldwide, royalty free, right and title to run, use, re-use, implement, copy, display, and create derivative works from, those Communications, including any
ideas, concepts, know-how, or techniques contained in your Communications for any purpose.
7. All content and functionality displayed, provided, reproduced, or distributed by us on the Website are for information purposes only and are not intended as, and
are not a substitute for advice, including, without limitation, a professional's advice on legal, tax, insurance, or investment matters.
8. We reserve the right to monitor all Communications and to remove any which we consider in our absolute discretion to be offensive, defamatory, or otherwise
in breach of these Terms of Use. You agree that we have no obligation to monitor Postings by you or others, however.
9. You will be responsible for all charges and obligations incurred, and liabilities for harm caused, and for all actions taken, through your use of this Website.
10. You agree to indemnify and hold us harmless from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from your
misuse of this Website, including, but not limited to, any violation of this agreement, or the failure to fulfill any obligations relating to use of the Website.
11. You warrant that: you will not use any electronic communication feature of the Website for any purpose that is abusive, tortious, intrusive on another's
privacy, harassing, libelous, defamatory, obscene, threatening, hateful, or otherwise unlawful; you will not post any materials that infringe on rights of
third parties; and, you will not upload or transmit any virus or other malware.
12. The Website, any information provided from it and these Terms of Use are given and made in Wisconsin, U.S.A. This agreement is subject to Wisconsin law, without
regard to its choice of law provisions, and suit, if any, must be brought exclusively within the courts of the State of Wisconsin, Dane County. You
agree to submit to the jurisdiction of the courts located in the State of Wisconsin.
13. THIS WEBSITE AND ALL SOFTWARE AND SYSTEMS USED OR PROVIDED AS PART OF THIS WEBSITE ARE PROVIDED "AS IS" AND "AS AVAILABLE." WE HEREBY
SPECIFICALLY DISCLAIM ANY AND ALL REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE WEBSITE CONTENT, FUNCTIONALITY, OR MATERIALS PROVIDED BY
US HEREUNDER, INCLUDING, WITHOUT LIMITATION OF THE FOREGOING, ANY WARRANTY REGARDING OWNERSHIP, ACCURACY, TIMELINESS, COMPLETENESS, AND AVAILABILITY, AND
ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THOSE ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE.
14. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS, WE DISCLAIM LIABILITY, AND YOU AGREE THAT WE ARE NOT LIABLE, FOR ANY LOSSES AND EXPENSES OF WHATEVER NATURE
AND HOWSOEVER ARISING OUT OF YOUR USE OF THE WEBSITE OR ANY WEBSITE WITH WHICH IT IS LINKED, INCLUDING WITHOUT LIMITATION ANY DIRECT, INDIRECT, SPECIAL,
PUNITIVE, OR CONSEQUENTIAL DAMAGES, LOSS OF USE, LOSS OF DATA, LOSS CAUSED BY A VIRUS, CLAIMS OF THIRD PARTIES, OR OTHER LOSSES OF ANY KIND OR CHARACTER, EVEN
IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. THE FORGOING SHALL APPLY NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY
REMEDY YOU MIGHT HAVE. No action, regardless of form, arising out of the transactions under this agreement may be brought by you more than twelve (12)
months after the cause of action first arose.
15. LINKS TO WEB SITES OF NON-AFFILIATED THIRD PARTIES ARE PROVIDED FOR YOUR CONVENIENCE AND INFORMATION ONLY. THE CONTENT IN ANY LINKED WEB SITE IS NOT UNDER OUR
CONTROL AND WE ARE NOT RESPONSIBLE FOR IT. We reserve the right to terminate a link to a third party web site at any time. The fact that we
provide a link to a third party web site does not necessarily mean that we endorse, authorize, or sponsor that web site, or that we are affiliated with
the third party web site's owners or sponsors.
16. You are solely responsible for the genuineness and accuracy, both as to content and form, of all requests and other communications properly received by us. We will
use commercially reasonable efforts to process your requests received and to update your requested information. To the extent that you use this web site, it
is expressly understood and agreed that: (i) we may rely on the accuracy of such information; (ii) we may act upon all instructions received by means of
your submit requests or other information; (iii) we assume no liability whatsoever if, as a result of the inaccuracy of such information, you or any
third party suffer any loss or damages. You understand and agree that submitting a request using the web site does not guarantee processing of that
request and that you are solely responsible to check the status of the request on the web site, and take any further action necessary, including, if
necessary, resubmitting a request. By consenting to this Agreement you warrant and represent to us that: (i) you shall not cause to be introduced into our
systems, any virus or any other contaminant or code that may be used to access, alter, delete, damage, or disable any software, data, material, or other
property owned or used by us; (ii) you have the right to provide to us access to claim information and data, and that we have a restricted and unassignable
right to access such information and data without any liability whatsoever to you; and (iii) neither our access to any information submitted by you, your use
of the web site, nor your provision of any information through the web site, constitutes or may give rise to a claim of patent and/or copyright
infringement, or unlawful disclosure, use or misappropriation of any property right.
17. You understand that it is your responsibility to review all confirmations, statements, notices, and other communications from us relating to the web site.
You agree that we fulfill our legal obligations to deliver any such document, if sent by electronic delivery or posted on the web site, provided you have
consented to electronic delivery of required documents. You understand that you can revoke this consent at any time and can receive such documentation in
writing by giving written notice to the company listed below from which you've been receiving electronic documents, including any of their unlisted
subsidiaries and/or affiliates. Documents sent by electronic delivery contain all the information that appears in the printed hardcopy version as prepared
and distributed by the originator, with the possible exception of graphic insertions such as photographs or logotypes. Electronic delivery may be in the
form of an E-mail, an E-mail attachment, or in the form of an available document which may be downloaded from the web site. You represent that you will
download the relevant document promptly after receiving notice of its availability and that you have the appropriate software to enable you to do so.
Should you experience any difficulty opening a document electronically delivered by us, you must promptly advise us in order to allow us to make
delivery by other means. Failure to advise us of such difficulty within 5 days (or any longer period required by law) after delivery shall serve as an
affirmation that you were able to receive and open said document. You are responsible for ensuring that your software and internet service provider do
not inhibit or interfere with the communications described herein.
18. In using the web site, you are fully responsible for the security of passwords, IDs, digital certificates and other security devices assigned to you by us
("Security Devices"). The use and storage of any information by you relating to the services including, without limitation, the Security Devices,
transaction activity, claim information, and any other information on your computer is at your own risk and is your sole responsibility. By signing this
Agreement, you agree to protect any information relating to this web site, the services and/or any software downloaded by you in order to use the services, if
applicable, from unauthorized access, copying or use. In order to use this web site and the services, you shall install virus checking software, with
then-current virus signatures and definitions, on all computers that you use to interface with the web site and the services, and you shall ensure that you are
engaged in a secure session prior to transmitting any claim-related information (i.e., the web site indicates that the communication will be secured using SSL
security, or the Web Site URL reads "Https://" indicating a secure connection). In the event you detect or become aware of any unauthorized
access, copying, or use of information relating to the services (including, if applicable, any software downloaded by you in order to use the services), or
loss or theft of a Security Device, you agree to notify us immediately. We may rely on any transmissions received using the Security Devices.
19. You and we agree, pursuant to the E-Sign Act ('the Electronic Signatures in Global and National Commerce Act', as it may be amended from time to time), to treat
electronic tokens of assent from you and from us, as binding expressions of assent by you and by us to contracts.
20. We shall not be liable for any delay or failure to perform our obligations hereunder caused by an event of natural disaster, pandemics, casualty, acts of God or public enemy, riots,
terrorism, governmental acts or such other event of similar nature, which is beyond the reasonable control of the Company.
21. We may revise the Terms of Use from time to time by posting changes to this Website. Any such revisions shall be effective when posted and made available
for your review. Your continued use of the Website following such changes is your expression of assent to the modified terms.
22. These Terms of Use and ancillary agreements you have signed in connection with the use of the Services provided through this Website
contain the entire understanding between us with respect to any use of the Website. Should any part of the Terms of Use be declared invalid or
unenforceable by a court of competent jurisdiction, this shall not affect the validity of any remaining portion and such remaining portion shall remain in
full force and effect as if the invalid portion of the Terms of Use had been eliminated.
