TERMS AND CONDITIONS
Introduction
PMA (“COMPANY,” “We,” or Us”) is the owner of the pmausainc.com website (“Site”).
By using the Site, you signify your agreement to the following Terms and Conditions of use without limitation or qualification. Please read these Terms and Conditions carefully before using the Site. COMPANY may at any time revise these Terms and Conditions. Therefore, you should review these Terms and Conditions for changes from time to time. If you use the Site after any revisions are made, you agree to be bound by any such revisions. If you do not agree to be bound by these Terms and Conditions, you are not authorized to use the Site and should exit the Site immediately.
Other websites owned or operated by COMPANY may have different terms and conditions, so you should review them carefully before using such other websites. Further, these Terms and Conditions do not apply to any goods or services sold or provided by COMPANY or any affiliate. Any products or services sold or provided by COMPANY or any affiliate will have their own terms and conditions and should not be confused with these Terms and Conditions. These Terms and Conditions ONLY APPLY TO YOUR USE OF THE SITE.
Reliance on Site
The content on the Site is provided for informational purposes only. Nothing on the Site is meant to convey tax, investment, accounting, financial or legal advice, or an offer to sell or buy a product or service. Any account information that may be available through the Site is only meant to provide you with a summary of your account, yet it is not the official record of your account.
Disclaimer
YOUR USE OF THE SITE IS AT YOUR OWN RISK. The Site (including any goods, services or information sold or provided through the Site) is provided “as is” and without warranties of any kind, either expressed or implied. COMPANY makes no express or implied warranties, representations or endorsements whatsoever with respect to the Site. COMPANY expressly disclaims all warranties of any kind (express, implied, statutory, or otherwise) including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. Neither COMPANY nor any affiliate warrants that the functions or content of the Site will be uninterrupted or error-free, that defects or errors will be corrected, or that the Site or the server that makes it available will be free of viruses or other harmful components. Neither COMPANY nor any affiliate warrants or makes any representations that the Site is correct, timely, accurate, reliable, OR secure. You assume the entire cost of all necessary servicing, repair or correction in the event you experience any loss or damage arising from your use of the Site. COMPANY makes no warranties that your use of the Site will not infringe the rights of other parties and assumes no liability for such infringement.
Links to Other Websites
The Site may contain web links to other sites not affiliated with COMPANY. Such linked sites may contain information created, published, maintained or otherwise posted by independent organizations. Neither COMPANY nor any affiliate endorses, recommends, approves or certifies any information, product or service referenced or provided at such linked sites. The linked sites are not meant to suggest an implied association with COMPANY. COMPANY is in no way responsible for the content at the linked sites. You access those linked sites at your own risk.
Limitation of Liability
While COMPANY uses reasonable efforts to include accurate and up-to-date information on the Site, errors or omissions may occur. Under no circumstances including, but not limited to, negligence by act or omission, shall COMPANY or any affiliate, officer, director, employee, agent, licensor, representative, attorney, OR business partner of COMPANY, or any party involved in creating, producing, or delivering the Site, be liable for any damages whatsoever, including, but not limited to, direct, incidental, consequential, special, exemplary, actual, indirect, punitive or other damages including loss of revenue or income, pain and suffering, OR emotional distress, even if COMPANY or its affiliate and/or authorized representative have been advised of the possibility of such damages, that arise out of: (1) your use of, or the inability to use, the Site; (2) any claims related errors on the Site; or (3) any other matters or claims you may raise relating to the Site, even if COMPANY has been advised of the possibility of such claims or resulting damages.
If applicable law does not allow the limitation or exclusion of liability for incidental or consequential damages, the above limitation or exclusion may not apply to you. In that case, COMPANY liability will be limited to the fullest extent allowed under applicable law.
In no event shall COMPANY’S total liability to you, together with that of any affiliate, for all damages, losses and causes of action, whether in tort, contract, or otherwise, exceed the amount you paid to access the Site. Neither COMPANY nor any affiliate assumes responsibility and shall not be liable for any damages to, or viruses that may infect, your computer equipment or other property on account of your access to, use of, or browsing the Site or your downloading of any materials, data, text, images, video or audio from the Site.
Indemnity
You agree to indemnify, defend and hold harmless COMPANY, including its owners, officers, directors, employees, affiliates, agents, licensors, representatives, attorneys, and business partners (“Indemnified Parties”), from and against any and all claims, damages, demands, losses, liabilities, judgments, awards, costs, and expenses, including attorneys’ fees, costs of defense, and direct, indirect, punitive, individual, consequential, special or exemplary damages, COMPANY or any of the Indemnified Parties suffer in relation to, arising from, or for the purpose of avoiding, any claim, demand or lawsuit from a third party that relates to your use of the Site, your breach of these Terms and Conditions, or use of the Site by any person using your password.
Password Accounts
This paragraph is applicable only to the my.onlineservicecenter.com and provider.onlineservicecenter.com websites.
The websites include an area where you can get access to your account. You are responsible for maintaining the confidentiality of your password to your account. You agree to notify COMPANY if your account password is stolen, lost and/or disclosed to an unauthorized party. You are responsible for activity conducted through your account.
Restrictions on Use of Site Content or Materials
Permission is granted to you to display and navigate around the Site with a computer using HTML browser software solely for personal, non-commercial use. Any commercial or public use of the Site or any portion hereof is strictly prohibited. Except as otherwise permitted by COMPANY, no materials or content from the Site may be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way, including being used to create derivative works. You may download material displayed on the Site for non-commercial, personal use only, provided you also retain all copyright and other proprietary notices contained on the materials. You may not distribute, modify, transmit, reuse, repost, or use the content of the Site for public or commercial purposes, including the text, images, audio and video, without COMPANY’s written permission. Neither COMPANY nor any affiliate warrants or represents that your use of materials displayed on the Site will not infringe the rights of third parties.
Other Prohibited Conduct
In connection with use of the Site, you agree not to:
- violate any federal, state, local or international laws or regulations;
- use technology or other automated means to access, scrape or data mine the Site;
- hack into or attempt to gain unauthorized access to protected areas of the Site, or COMPANY’s or any affiliate’s computers, servers or networks; or
- attempt to circumvent Site security features or protections.
The above list is not exclusive. COMPANY reserves the right to terminate your access to the Site and Site related services for any activity or behavior COMPANY deems inappropriate.
You agree to waive and hold harmless COMPANY and any affiliate from any legal claims resulting from COMPANY’s actions or inactions related to its investigation of inappropriate Site behavior.
Jurisdictional and Age Issues
Even though the Site may be accessible in all U.S. states and other territories and countries, it does not mean that COMPANY or any affiliate is authorized to do business in all such jurisdictions. The Site is meant for users 18 years of age and older located in the United States and certain U.S. territories.
The Site is controlled and operated by COMPANY from our administrative office within the State of Indiana, United States of America. We make no representation that content or materials on the Site are appropriate or available for use in other locations. Those who choose to access the Site from other locations outside of the United States do so on their own initiative, at their own risk, and are responsible for compliance with local laws. The information contained on the Site is not an offer to sell or solicitation to purchase any product or service. The insurance products referred to on the Site may be offered and sold only to persons in the United States and any U.S. Territory where any COMPANY affiliate underwriting the products is licensed. By using the Site, you agree that personally identifiable information and other non-personal data about you may be transmitted to the United States.
Ownership of Site Content/Trademarks, Service Marks and Copyrights
Unless otherwise indicated in these Terms and Conditions or elsewhere, all content on the Site is owned by, or licensed with permission to, COMPANY.
Certain elements and content displayed on the Site, including, but not limited to, text, graphics, images, photographs, audio, video, color arrangements, and layouts, are copyright protected under U.S. and international copyright laws. Unless otherwise indicated, the copyrighted Site content is either the property of, or used with permission by, COMPANY or an affiliate. The use of Site content by you, or anyone else authorized by you, is prohibited unless specifically permitted herein. Any unauthorized use of the Site content may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes. All trademarks, service marks, trade names, logos and icons used by COMPANY or any affiliate are proprietary. Nothing contained on the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Site content, including any copyrighted content, trademark or service mark displayed on the Site, without the written permission of the COMPANY, or such third party that may own the Site content displayed on the Site. Your use of the trademarks or service marks displayed on the Site, or any other Site content, except as provided herein, is strictly prohibited. Inquiries concerning use of the trademarks, service marks, trade names, logos, icons, copyrighted content or other intellectual property appearing on the Site should be addressed to CNO Services, LLC, Legal Department (J1C), 11825 N. Pennsylvania Street, Carmel, Indiana 46032, United States of America. COMPANY and its affiliates are very protective of their trademarks, service marks and other intellectual property. COMPANY and its affiliates reserve the right to file appropriate legal actions to enjoin the unauthorized use of the intellectual property of COMPANY and any affiliate. Under the law, the COMPANY and any affiliate could be entitled to collect your profits, our actual damages and, perhaps, even our attorney fees.
Website Privacy
Your use of the Site is also governed by our Website Privacy Statement. COMPANY’S Privacy Policy is incorporated by reference into these Terms and Conditions.
Miscellaneous
Any disputes relating to these Terms and Conditions are governed by the laws of Indiana without regard to conflict of laws provisions.
If any portion of these Terms and Conditions is deemed invalid, the remaining portions will remain in full force and effect.
If you violate any portion of these Terms and Conditions, COMPANY may deny you access to the Site. However, any failure by COMPANY to enforce any portion of these Terms and Conditions is not a waiver of such portion.
The proprietary rights, disclaimer of warranties, indemnification, representations made by you, limitations of liability, and governing law provisions and language shall survive termination of these Terms and Conditions.