Terms of Service

Terms of Service

This web site (“Web Site”) is owned and maintained by ILS Advisory Services, LLC (hereinafter referred to as “we”, “us”, “our”, “Company” and “Owner”). The Company is licensed or otherwise approved to transact business in various jurisdictions within the United States.

This Web Site provides users with access to an online collection of information and materials. These materials may include information related to certain products and services (“Products and Services”) offered by the Company. The Web Site also contains text, pictures, graphics, logos, button items, images, works of authorship, and other content (collectively with all information and material about Products and Services, “Content”), and may provide access to certain proprietary software used in connection with navigating and utilizing the functionality offered through this Web Site (“Software”). This Web Site is intended for use only by users who are at least 18 years of age and who reside in the United States.

PLEASE NOTE: Your access to and use of this Web Site are subject to these terms of use (“Terms of Use”), as well as all applicable laws and regulations. Please read these Terms of Use carefully. If you do not accept and agree to be bound by any of these Terms of Use, you are not authorized to access or otherwise use this Web Site or any information, content, or Software contained on this Web Site. Your access to and use of this Web Site constitute your acceptance of and agreement to abide by each of these terms and conditions set forth below. These Terms of Use may be changed, modified, supplemented or updated by the Owner from time to time without advance notice by posting here and you will be bound by any such changed, modified, supplemented or updated Terms of Use if you continue to use this Web Site after such changes are posted. Unless otherwise indicated, any new Products and Services, Content and Software added to this Web Site will also be subject to these Terms of Use effective upon the date of any such addition. You are encouraged to review the Web Site and these Terms of Use periodically for updates and changes.

Limited License and Site Access – The Owner hereby grants you a limited license to access and make personal use of this Web Site but not to download (other than page caching) or modify it, or any portion of it, except with express written consent of the Owner. This license does not include any resale or commercial use of this Web Site or its Contents or Software; any collection and use of any product listings, descriptions, or any derivative use of this Web Site or its contents; or any use of data mining, robots, or similar data gathering and extraction tools. This Web Site or any portion of this Web Site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without the express written consent of the Owner. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of the Owner or its affiliates without the Owner’s express written consent. You may not use any meta-tags or any other “hidden text” utilizing any of the Company name(s) or service marks without the express written consent of their owners. Any unauthorized use terminates the permission or license granted by the Owner.

Availability of Products and Services – Due to various regulatory restrictions, certain Products and Services described on this Web Site are not available to all users. Also, Products and Services may vary by jurisdiction and may not be available or suitable for all United States jurisdictions. EXCEPT AS EXPRESSLY STATED HEREIN, THE INFORMATION CONTAINED ON THIS WEB SITE IS NOT AN OFFER TO SELL OR A SOLICITATION TO BUY ANY SECURITY, INSURANCE PRODUCT, OR OTHER PRODUCT OR SERVICE BY COMPANY. No security, insurance product or other product or service is offered or will be sold by Company or, if sold by Company, will be effective in any jurisdiction in which such offer or solicitation, purchase or sale would be unlawful under the securities, insurance or other laws of such jurisdiction.

Please contact a designated Company representative to find out which Products and Services are available to you in your State.

Copyright – Except as otherwise expressly stated, all Content and Software appearing on this Web Site are the copyrighted work of the Company or its affiliates or third party content suppliers and are protected by U.S. and international copyright laws. The compilation (meaning the collection, arrangement and assembly) of all Content and Software is also the exclusive property of the Company and its affiliates and is protected by U.S. and international copyright laws.

You may download information from this Web Site and print out a hard copy for your personal use provided that you keep intact and do not remove or alter any copyright or other notice (e.g., trademark, patent, etc.) contained in the information. Except as otherwise expressly stated herein, you may not alter, modify, copy, distribute (for compensation or otherwise), transmit, display, perform, reproduce, reuse, post, publish, license, frame, download, store for subsequent use, create derivative works from, transfer, or sell any information or Content obtained from this Web Site, in whole or in part, including any text, images, audio, and video in any manner, without the prior written authorization of the Owner or any applicable third party suppliers. The use of Content, including images, by you, or anyone else authorized by you, is prohibited unless specifically permitted by the Owner. Any unauthorized use of text or images may violate copyright laws, trademark laws, the laws of privacy and publicity, and applicable regulations and statutes. Neither the Owner nor its affiliates warrant or represent that your use of Content, Software or any other materials displayed on this Web Site will not infringe rights of third parties.

Trademarks and Service Marks – Certain trademarks, including ILS 360TM, are the registered service marks of the Company or its affiliates. The domain name for this Web Site and Company logos, all page headers, custom graphics, and button icons are service marks, trademarks, logos, and/or trade dress of the Company or its affiliates. All other trademarks, service marks, trade dress, product names, company names or logos, whether registered or not, on the Web Site are the property of their respective owners. In addition to complying with all applicable laws, you agree that you will not use any such trademarks, service marks, trade dress, or other logos from this Web Site without the prior written authorization of the Owner.

Ownership of information submitted via this Web Site – With the exception of any personal data or information you submit (which shall be maintained in accordance with our Privacy Statement), any information you transmit to Company via this Web Site, whether by direct entry, submission, electronic mail or otherwise, including data, questions, comments, or suggestions, will be treated as non-confidential and non-proprietary and will become the property of the Owner. Such information may be used for any purpose, including, but not limited to, reproduction, solicitations, disclosure, transmission, publication, broadcast, and posting. Company shall be free to use any ideas, concepts, know-how, or techniques contained in any communication you send to the Owner via this Web Site or by any other means for any purpose whatsoever, including, but not limited to, developing and marketing products using such information.

Proprietary Software – Any Software accessible through this Web Site is the property of the Owner or its suppliers and is protected by U.S. patent, trade secret, and copyright laws and international treaties. Any use of the Software by you other than as required to navigate and to utilize the intended functionality offered through this Web Site is prohibited. You agree not to copy, distribute, publicly display, alter, modify, decompile, disassemble, reverse engineer or otherwise attempt to discover the source code of the Software. Further, you agree not to access the Content by any means other than the interface provided by the Owner through this Web Site for your use in accessing the Content.

The Software provided on this Web Site is owned by or licensed to the Owner, and may contain technology that is subject to strict controls pursuant to export control laws and regulations of the United States of America and other countries and jurisdictions. You shall not copy, transfer or export such Software in violation of such applicable export laws and regulations. The Owner does not authorize the downloading or exportation of any software or technical data from this Web Site to any jurisdiction prohibited by such export controls laws and regulations.

Connection Requirements – You are responsible for providing and maintaining, at your own risk, option and expense, any hardware, software and communication lines required to access and use this Web Site, and the Owner reserves the right to change the access configuration of this Web Site at any time without prior notice.

Prohibited Use – Any use or attempted use of this Web Site (i) for any unlawful, unauthorized, fraudulent or malicious purpose, or (ii) that could damage, disable, overburden, or impair any server, or the network(s) connected to any server, or (iii) interfere with any other party’s use and enjoyment of the Web Site, or (iv) to gain unauthorized access to any other accounts, computer systems or networks connected to any server or systems through hacking, password mining or any other means, or (v) to access systems, data or information not intended by the Owner to be made accessible to a user, or (vi) attempt to obtain any materials or information through any means not intentionally made available by the Owner, or (vii) any use other than the business purpose for which it was intended, is prohibited.

In addition, in connection with your use of the Web Site, you agree you will not:

• Upload or transmit any message, information, data, text, software or images, or other content (“Material”) that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, or otherwise objectionable, or that may invade another’s right of privacy or publicity;
• Create a false identity for the purpose of misleading others or impersonate any person or entity, including but not limited to any Company representative, or falsely state or otherwise misrepresent your affiliation with a person or entity;
• Upload or transmit any Material that you do not have a right to reproduce, display or transmit under any law or under contractual or fiduciary relationships (such as nondisclosure agreements);
• Upload files that contain viruses, trojan horses, worms, time bombs, cancel-bots, corrupted files, or any other similar software or programs that may damage the operation of another’s computer or property of another;
• Delete any author attributions, legal notices or proprietary designations or labels that you upload to any communication feature;
• Use the Web Site’s communication features in a manner that adversely affects the availability of its resources to other users (e.g., excessive shouting, use of all caps, or flooding continuous posting of repetitive text);
• Upload or transmit any unsolicited advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes” or any other form of solicitation, commercial or otherwise;
• Violate any applicable local, state, national or international law;
• Upload or transmit any Material that infringes any patent, trademark, service mark, trade secret, copyright or other proprietary rights of any party;
• Delete or revise any Material posted by any other person or entity;
• Manipulate or otherwise display the Web Site by using framing, mirroring or similar navigational technology or directly link to any portion of the Web Site other than the main homepage, www.ilcompanies.com, in accordance with the Limited License and Site Access outlined above;
• Register, subscribe, attempt to register, attempt to subscribe, unsubscribe, or attempt to unsubscribe, any party for any Product if you are not expressly authorized by such party to do so;
• Harvest or otherwise collect information about others, including e-mail addresses.

The Owner reserves the right to take whatever lawful actions it may deem appropriate in response to actual or suspected violations of the foregoing, including but not limited to the suspension or termination of the user’s access and/or account. The Owner may cooperate with legal authorities and/or third parties in the investigation of any suspected or alleged crime or civil wrong. Except as may be expressly limited by the Privacy Statement, the Owner reserves the right at all times to disclose any information as the Owner deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or Materials, in whole or in part, in the Owner’s sole discretion.

Right to Monitor – The Owner neither actively monitors general use of this Web Site under normal circumstances nor exercises editorial control over the content of any third party’s web site, electronic mail transmission, news group, or other material created or accessible over or through this Web Site. If notified by a user of postings that allegedly do not conform to these Terms of Use, the Owner may investigate the allegation and determine in good faith and in its sole discretion whether to remove or request the removal of the posting. The Owner has no liability or responsibility to users for performance or nonperformance of such activities. The Owner reserves the right to expel users and prevent their further access to the Web Site for violating these Terms of Use or the law and the right (but not the obligation) to remove communications that are abusive, illegal, or disruptive. However, the Owner does reserve the right to monitor such use at any time as it deems appropriate and to remove any materials that, in the Owner’s sole discretion, may be illegal, may subject the Owner to liability, may violate these Terms of Use, or are, in the sole discretion of the Owner, inconsistent with the Owner’s purpose for the Web Site.

No Owner Editorial Control of Third Party Content; No Statement as to Accuracy – To the extent that any of the Content included in the Web Site is provided by third party content providers, Owner has no editorial control or responsibility over such Content. Therefore, any opinions, statements, services or other information expressed or made available by third party suppliers on this Web Site are those of such third party suppliers. The Owner does not represent or endorse the accuracy or reliability of any opinion, statement or other information provided by any third party, or represent or warrant that your use of the Content displayed on this Web Site or referenced content or service providers will not infringe rights of third parties not owned by or affiliated with Company member companies. You acknowledge that any reliance on material posted by other users will be at your own risk. Statements posted on the Web Site by other users shall not be attributable to the Owner, nor shall the Owner have any liability or responsibility in connection with such postings.

Copyright Infringement Claims – The Owner’s Designated Agent for receipt of Notification of Claimed Infringement is:

• Attention: Legal Department
• ILS Advisory Services, LLC
• 414 Union Street, Suite 1900,
• Nashville, TN 37219

If you believe that material posted on the Web Site infringes on your copyrights, you must send a Notification of Claimed Infringement to the Designated Agent listed above containing the following information: (i) signature of the copyright owner(s) or their agent, (ii) identification of the copyright work claimed to have been infringed, (iii) identification of the material that is claimed to be infringing, and information sufficient to locate the material, (iv) information on how to contact the complaining party, (v) a statement of your good faith belief that use of the material in the manner is not authorized by the copyright owner, its agent, or the law, and (vi) a statement that the information in the notice is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of the material that is allegedly infringed.

Upon receipt of a notification of claimed infringement that meets the requirements set forth above, the Owner will promptly remove or block access to the allegedly infringing material, and the Owner will notify the user who posted the material. Upon receipt of a notification that does not comply with the requirements listed above, but which substantially identifies the copyrighted material, the infringing material, and you, the Owner will take reasonable steps to assist in the receipt of proper notification.

If you receive notification from us that the Owner has blocked allegedly infringing material posted by you, you may send a written counter-notification to the Designated Agent listed above containing the following information: (i) your signature, (ii) identification of the material that has been blocked or removed, (iii) statement under penalty of perjury that you have a good faith belief that the removal or blockage was a result of mistake or misidentification of the material, and (iv) your name, address, and phone number and a statement that you consent to jurisdiction of the U.S. District Court for the district in which you are located, or if you are outside of the U.S., for the U.S. District Court for the Southern District of New York, and that you will accept service of process from the complaining party or their agent.

Upon receipt of counter-notification meeting the requirements set forth above, the Owner will notify the complaining party that we will replace or unblock the material in ten business days unless we receive notice that the copyright owner has filed a court action seeking to restrain the alleged infringement.

Hyperlinks to Third Party Web sites – This Web Site may contain hyperlinks to other sites owned and operated by parties other than the Owner. Such hyperlinks are provided only for ready reference and ease of use. We do not control such web sites and cannot be held responsible for their content or accuracy and do not endorse these sites unless we specifically so state. In the event this Web Site provides hyperlinks to other web sites that are not owned, operated or maintained by the Owner or its affiliates, you acknowledge and agree that the Owner is not responsible for and is not liable for the content, products, services or other materials on or available from such web sites. We accept no liability for any information, products, advertisements, content, services or software accessible through these third party web sites or for any action you may take as a result of linking to any such web site. Any such web sites are likely to set forth specific terms of use and privacy policies that you should review. The Owner is under no obligation to maintain any link on this Web Site and may remove a link at any time in its sole discretion for any reason whatsoever. Neither the Owner nor its affiliates shall be responsible or liable, directly or indirectly, for any damages or losses caused or alleged to be caused by or in connection with the use of or reliance on such content, products, services or other materials available on or through any such web site. Owner is not responsible for the privacy practices of any other web sites.

Web Site Privacy Policy – Our Web Site Privacy Policy describes the details of the Owner’s information practices and procedures for personal information we collect at this web site. We urge you to read our Web Site Privacy Policy.

Modification to Services – The Owner may, at its discretion, modify or discontinue any of the Products and Services, Content or Software, or any portion thereof, with or without notice. Neither the Owner nor its affiliates will be liable to you or any third party for any modification or discontinuance of any of the Products and Services, Content or Software.

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

The information and descriptions contained herein are not intended to be complete descriptions of the terms, exclusions and conditions applicable to the Products and Services, but are provided solely for general informational purposes; please refer to the actual policy or the relevant product or services agreement for complete terms, exclusions and conditions. Should you purchase a Company product from the Company or a third party, the terms and conditions applicable to that transaction will govern such purchase, and your use of this Web Site does not affect that purchase in any manner.

YOUR USE OF THIS WEB SITE IS AT YOUR SOLE RISK. ALL SERVICES, CONTENT AND SOFTWARE ARE PROVIDED ON AN “AS IS” OR “AS AVAILABLE” BASIS, AND THE OWNER EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THE OWNER MAKES NO WARRANTY THAT THE SERVICES, CONTENT AND SOFTWARE ARE ACCURATE, TIMELY, UNINTERRUPTED, VIRUS-FREE OR ERROR-FREE, OR THAT ANY SUCH PROBLEMS WILL BE CORRECTED.

Limitation of Liability

YOU UNDERSTAND AND AGREE THAT THE OWNER WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PRODUCTS, USE, DATA OR OTHER INTANGIBLE LOSSES, EVEN IF THE OWNER HAS BEEN ADVISED OF THE POSSIBILITIES OF THOSE DAMAGES, RESULTING FROM YOUR USE OR INABILITY TO USE THE WEB SITE, CONTENT OR SOFTWARE, THE COST OF OBTAINING SUBSTITUTE PRODUCTS AND SERVICES RESULTING FROM ANY LOSS OF DATA, INFORMATION, PRODUCTS OR SERVICES OBTAINED FROM PURCHASES OR TRANSACTIONS ENTERED INTO THROUGH THE WEB SITE, OR STATEMENTS OR CONDUCT OF ANY THIRD PARTY, OR ANY OTHER MATTER RELATED TO THE WEB SITE, PRODUCTS AND SERVICES, CONTENT OR SOFTWARE. YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE WEB SITE IS PREDICATED UPON YOUR WAIVER OF ANY RIGHT TO SUE THE OWNER OR ITS AFFILIATES DIRECTLY OR TO PARTICIPATE IN A CLASS ACTION SUIT FOR ANY LOSSES OR DAMAGES RESULTING FROM YOUR USE OF THE WEB SITE.

Some jurisdictions do not permit the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages, therefore, some of the limitations above may not apply to you.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

Notices – Any notices to you from the Owner regarding the Web Site or these Terms of Use will be posted on this Web Site or made by e-mail or regular mail.

Electronic Communications

When you visit this Web Site or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this Web Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

Safe Harbor Statement – This Web Site may from time to time contain forward-looking statements within the meaning of The Private Securities Litigation Reform Act of 1995. That Act provides a statutory “safe harbor” for forward-looking statements. Any written or oral statements made by or on behalf of the Company or any of its subsidiaries or operating divisions reflect current views with respect to future events and financial performance. These forward-looking statements are subject to uncertainties and inherent risks that could cause actual results to differ materially from those contained in any forward-looking statement.

General Provisions

Entire Agreement – These Terms of Use, the Privacy Statement, and other policies the Owner may post on this Web Site constitute the entire agreement between the Owner and you in connection with your use of this Web Site and the Content, Product and Services and Software, and supersedes any prior agreements between the Owner and you regarding use of this Web Site, including prior versions of these Terms of Use. The Owner may update these Terms of Use from time to time by posting revised Terms of Use on this Web Site, without notice to you, and your subsequent use of the Web Site indicates your acceptance of and is governed by those new Terms of Use. These Terms of Use are effective until terminated or updated by the Owner, at any time without notice. In the event of termination, the disclaimers and limitations of liabilities set forth in the Terms of Use will survive. These Terms of Use will be deemed to include all other notices, policies, disclaimers and other terms contained in this Web Site; provided, however, that in the event of a conflict between such other terms and the terms of these Terms of Use, these Terms of Use will control.

Third Party Purchases Governed by Separate Agreement – The terms and conditions governing your purchase of any goods or services from any third party companies or financial institutions represented in this Web Site shall be governed by a separate agreement duly executed between you and the supplier of such goods or services, including Company, as applicable.

Age and Location of User – All information and content available on this Web Site are solely directed to individuals 18 years of age or older residing in the United States. The Owner makes no representation that the Content, information, products, services or Software are available for use outside of the United States. Any use of the Product and Services, Content and Software is prohibited where they are not allowed by law.

THIS WEB SITE CONTAINS A BINDING ARBITRATION PROVISION WHICH MAY BE ENFORCED BY THE PARTIES

Dispute Resolution – Any controversy or claim arising out of or relating to these Terms of Use, our Privacy Statement, or use of this Web Site shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association, except that, to the extent you have in any manner violated or threatened to violate the Owner’s or any member of Company’s intellectual property rights, the Owner may seek injunctive or other appropriate relief in any state or federal court in Florida, and you consent to exclusive jurisdiction and venue in such courts. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in New York, New York, and claims regarding the judgment of the arbitrator (including entry of judgment on the arbitration award) may be brought and shall be subject to the exclusive jurisdiction of the State and federal courts located in New York, New York, and you waive any jurisdictional, venue, or inconvenient forum objections to such courts. Either you or the Owner may seek any interim or preliminary relief from a State or federal court of competent jurisdiction in New York, New York, as may be necessary to protect the rights or property of you or the Owner pending the completion of arbitration. You agree that any action to enforce this arbitration provision will be brought in the federal or state courts located in New York, New York.

Governing Law; Jurisdiction; Venue; Severability of Provisions – The Terms of Use are governed by the laws of the State of New York, USA and controlling United States Federal Law without regard to any conflicts of law provisions. If any provision is deemed by a court of competent jurisdiction to be unlawful or unenforceable, it will not affect the validity and enforceability of the remaining provisions. The section headings are for convenience only and do not have any force or effect.

Severability

To the maximum extent possible, each of the disclaimers and each of the provisions of the Terms of Use shall be interpreted in such a manner as to be valid and enforceable under applicable law. If any provision hereunder is held to be invalid or unenforceable under applicable law, such provision shall be deemed modified so as to be rendered valid and enforceable while implementing, to the greatest extent possible, the original intent of such provision. If such reformation is not possible or permitted, the invalidity or unenforceability of such a provision shall not otherwise impact the validity or enforceability of the remaining provisions hereunder.

General

No waiver of any term or condition herein shall be deemed a further or continuing waiver of such term or condition or any other term or condition. The Owner reserves the right to modify these Terms of Use without notice to you, and your continued use of the Web Site after such modifications will make such modifications binding on you.

Contacting Us

If you have any questions about these Terms of Use, please write to the Owner at ILS Advisory Services, LLC, 414 Union Street, Suite 1900, Nashville, TN 37219 or write to our Webmaster.