Agreement between User and Insware Design Group, LLC

The InswareDesign.com website is comprised of various web pages operated by Insware Design Group, LLC ("IDG") for the exclusive use by licensed insurance professionals. The InswareDesign.com website is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your initial and ongoing use of the InswareDesign.com website constitutes your agreement to all such terms, conditions, and notices.

THE USE OF OUR SITE IS RESTRICTED TO PROFESSIONALS ONLY.

IDG is not a sales organization, and the employees of IDG are not acting as your agent. IDG does not provide investment advice and does not sell insurance products. This site is not intended to create an advisor-client relationship, and by using InswareDesign.com, no advisor-client relationship will be created with IDG. Instead, you are using the site to perform calculations based on insurance company guarantees. The order in which information is presented may be modified by you. INCLUSION IN OUR REPORT DOES NOT CONSTITUTE AN ENDORSEMENT, RECOMMENDATION, INDICATION OF SUITABILITY OR APPROVAL OF ANY LISTED INSURANCE COMPANY OR AVAILABLE RIDER, NOR DOES THE ORDER PRESENTED IMPLY THAT ONE PRODUCT OR RIDER IS SUPERIOR TO ANOTHER.

YOU ARE SPECIFICALLY PROHIBITED FROM USING THE OUTPUT FROM OUR CALCULATOR TO IMPLY TO A CONSUMER THAT ONE INSURANCE PRODUCT AND/OR RIDER IS SUPERIOR TO ANOTHER DUE TO THE NUMERIC VALUE OF A CALCULATED GUARANTEE. PRODUCTS AND RIDERS HAVE MANY MOVING PARTS OF WHICH THE GUARANTEE IS ONLY ONE COMPONENT.

Refund Policy

No refund of any amount paid shall be granted under any of the following circumstances: 1) the accurate collection of any fee for any active membership or other subscription service; or 2) the accurate collection of fees or other payment for any other product or service. IDG will not refund a subscription payment of any kind. Monthly Subscriptions must be canceled in writing prior to the end of the month to avoid incurring a non-refundable fee for the following month.

Modification of these terms of use

IDG reserves the right to change the terms, conditions, and notices under which the InswareDesign.com website is offered, including but not limited to the charges associated with the use of the InswareDesign.com website. Monthly subscription prices may be changed at any time with 30 days written notice to subscribers.

Links to third party sites / Third party services

The InswareDesign.com website may contain links to other third party websites ("Linked Sites"). The Linked Sites are not under the control of IDG and IDG is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. IDG is not responsible for webcasting or any other form of transmission received from any Linked Site. IDG is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by IDG of the site or any association with its operators.

Certain services made available via InswareDesign.com may be delivered by third party sites and organizations. By using any product, service or functionality originating from the InswareDesign.com domain, you hereby acknowledge and consent that IDG may share such information and data with any third party with whom IDG has a contractual relationship to provide the requested product, service or functionality on behalf of InswareDesign.com users and customers.

No unlawful or prohibited use

As a condition of your use of the InswareDesign.com website, you warrant to IDG that you will not use the InswareDesign.com website for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the InswareDesign.com website in any manner which could damage, disable, overburden, or impair the InswareDesign.com website or interfere with any other party's use and enjoyment of the InswareDesign.com website. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the InswareDesign.com websites. THE PRESENTATION AND ORGANIZATION OF DATA AND ALL OTHER CONTENT FOUND ON THE INSWAREDESIGN.COM WEBSITE (“IDG CONTENT”) ARE PROTECTED BY COPYWRIGHT AND ALL OTHER APPLICABLE INTELLECTUAL PROPERTY RIGHTS. IDG CONTENT IS NOT FOR RESALE. YOUR USE OF THE INSWAREDESIGN.COM WEBSITE DOES NOT ENTITLE YOU TO RESELL ANY INSWAREDESIGN.COM CONTENT. FOR THE AVOIDANCE OF DOUBT, YOUR USE OF THE INSWAREDESIGN.COM WEBSITE CONSTITUTES YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS AND YOUR PROMISE THAT YOU WILL NOT RESELL OR OTHERWISE ATTEMPT TO COMMERCIALLY BENEFIT FROM THE IDG CONTENT WITHOUT THE EXPRESS WRITTEN CONSENT OF IDG.

Liability disclaimer

It is possible that programming, data entry or human error (as well as other factors) may produce inaccurate results. The information provided is from sources we believe to be reliable; however, we cannot guarantee or represent that it is accurate or complete. In addition, the insurance market changes rapidly and as a result IDG and its affiliates are not responsible for any errors in or omissions from the information contained in or accessed through this Site. YOU EXPRESSLY AGREE THAT USE OF THE SERVICE IS AT YOUR OWN RISK. IDG MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND REGARDING THE SERVICE, THE CONTENT OR THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE CALCULATOR. THE SERVICE IS PROVIDED ON AN "AS IS" BASIS AND IDG SPECIFICALLY DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WARRANTIES OR GUARANTEES THAT ARE OFFERED BY THE INSURANCE COMPANIES REFERENCED ON THE SITE. GUARANTEES OFFERED BY THE INSURANCE COMPANIES ARE SUBJECT TO THEIR CLAIMS PAYING ABILITY. INFORMATION PRESENTED IS FOR INTERNAL USE ONLY AND HAS NOT BEEN APPROVED BY ANY REGULATORY AGENCY, INCLUDING FINRA, FOR USE WITH THE PUBLIC.

IDG'S AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THIS AGREEMENT, FOR ANY AND ALL DAMAGES THAT LICENSEE OR ITS EMPLOYEES OR AFFILIATES MIGHT INCUR (REGARDLESS OF THE FORM OF ACTION GIVING RISE TO SUCH LIABILTIY, WHETHER IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILTY OR OTHERWISE) SHALL NOT EXCEED THE AMOUNTS PAID TO IDG HEREUNDER IN THE PRECEDING THREE MONTHS PRIOR TO THE FIRST SUCH EVENT GIVING RISE TO SUCH LIABILITY. WITHOUT LIMITING THE FOREGOING, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL IDG AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE INSWAREDESIGN.COM WEBSITE, WITH THE DELAY OR INABILITY TO USE THE INSWAREDESIGN.COM WEBSITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE INSWAREDESIGN.COM WEBSITE, OR OTHERWISE ARISING OUT OF THE USE OF THE INSWAREDESIGN.COM WEBSITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF IDG OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE INSWAREDESIGN.COM WEBSITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE INSWAREDESIGN.COM WEBSITE.

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Termination/access restriction

IDG reserves the right, in its sole discretion, to terminate your access to the InswareDesign.com website and the related services or any portion thereof at any time, without notice.

GENERAL

To the maximum extent permitted by law, this agreement is governed by the laws of the State of New Jersey, U.S.A. and you hereby consent to the exclusive jurisdiction and venue of courts in Monmouth County, New Jersey, U.S.A. in all disputes arising out of or relating to the use of the InswareDesign.com website. Use of the InswareDesign.com website is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and IDG as a result of this agreement or use of the InswareDesign.com website. IDG's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of IDG's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the InswareDesign.com website or information provided to or gathered by IDG with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and IDG with respect to the InswareDesign.com website and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and IDG with respect to the InswareDesign.com website. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish of the parties that this agreement and all related documents be drawn up in English.

Copyright and trademark notices

Trademarks

The names of actual companies and products mentioned herein may be the trademarks of their respective owners.

Any rights not expressly granted herein are reserved.

Notices and procedure for making claims of copyright infringement Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement under United States copyright law should be sent to Service Provider's Designated Agent.