FCF: Copyright Information

Terms and Conditions for Use of This Web Site

This page sets forth the terms and conditions under which First Choice Financial^SM, Inc. (FCF) makes this site available to you, as well as the terms and conditions governing your use of this site. By making use of this site, you agree to be bound by the terms and conditions we have outlined below, as the same may be modified from time to time. Modifications shall be effective immediately upon posting on the site. If you do not accept these terms and conditions, please do not continue to use or access this site.

About FCF

FCF is a marketing company organized under the laws of the State of California. FCF is licensed to market and sell life insurance in the District of Columbia and all states of the United States. The web site is not intended as a solicitation in any jurisdiction in which FCF is not authorized to transact business.

The information and materials contained on this site are for information and illustration only and do not constitute an offer or solicitation for the sale of any insurance product in any jurisdiction. The information provided on this web site is a compilation of materials furnished to FCF from multiple sources not with the control or direction of FCF and FCF assumes no responsibility for the correctness, completeness, accuracy or otherwise. Some products and features described on this site have restricted limitation and term coverage and may not be available in all jurisdictions or may vary from jurisdiction to jurisdiction, and are generally not available for purchase outside the United States. Product descriptions are only partial and certain restrictions apply to various product features; please consult the policy forms and a licensed sales representative for full details.

THIS WEB SITE PROVIDES THE MEANS FOR AN AGENT TO PREPARE HYPOTHETICAL ANNUITY PRODUCT INFORMATION, ILLUSTRATIONS AND COMPARISONS, INCLUDING GRAPHS OR OTHER REPRESENTATIONS. THIS INFORMATION IS BASED UPON SPECIFIC PRODUCT SPECIFICATIONS SELECTED AND INPUTTED BY THE AGENT. THIS HYPOTHETICAL INFORMATION IS INTENDED TO BE GENERIC AND MAY OR MAY NOT ACCURATELY DESCRIBE ANY SPECIFIC ANNUITY PRODUCT AVAILABLE IN THE MARKETPLACE IN THE PAST, PRESENT OR FUTURE. THE HYPOTHETICAL INFORMATION IS PROVIDED FOR GENERAL INFORMATION ONLY AND IS NOT INTENDED TO REPRESENT ANY PARTICULAR PRODUCT AVAILABLE FROM ANY INSURANCE COMPANY. THIS INFORMATION MAY OR MAY NOT BE SUITABLE FOR USE WITH CLIENTS OR CONSUMERS. IF YOU WISH TO USE THIS INFORMATION TO SELL A SPECIFIC ANNUITY PRODUCT, IT MUST BE APPROVED FOR CONSUMER USE BY THE INSURANCE COMPANY OFFERING THAT PRODUCT.

All insurance transactions are conducted based on signed written agreements between respective insurance companies and its customers. No other representation, whether made in person, online, electronically, in written, graphical, or verbal communication, may alter the terms of those agreements except that your use of the site constitutes your agreement to the additional terms and conditions applicable to such use.

The information provided on this electronic information site is distributed with the understanding that FCF is not providing professional advice of any type. If you have a question requiring professional advice, such as a question relating to law, tax or financial planning, please seek the advice of a qualified professional in the relevant field.

FCF reserves the right at its sole discretion to update, charge, modify, add or remove portions of this web site from time to time.

Access Rights

Use of this site is restricted to persons transacting business with FCF. The password and other identifying codes you use to access the site are the property of FCF and may be revoked, rescinded or canceled at any time without notice. You agree that you will not disseminate or reveal your password and other identifying codes to any person or entity other than agents and employees within your control and who have a need to access the site for the purpose of transacting business with FCF. You will be responsible for any use or misuse of the site or its content by your agents and employees. Allowing another person to use your user ID and its associated passwords, using a user ID and password assigned to another person, or attempting to gain access to resources for which you are not authorized is a serious breach of security and a violation of these terms and conditions.

Indemnification

You agree to indemnity, defend and hold harmless FCF, its officers, directors, employees, agents, licensers, suppliers and any third party information providers to the site from and against all claims, losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your user ID or password including, but not limited to, any unauthorized use of data obtained from the site.

Limitation of Liability

THE SITE AND ITS CONTENT ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OR MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. FCF DOES NOT WARRANT THAT USE OF THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS, IF ANY, WILL BE CORRECTED, OR THAT EITHER THE SITE OR THE SERVER THAT MAKES IT AVAILABLE TO YOU IS FREE OF VIRUSES, DISABLING DEVICES OR OTHER HARMFUL COMPONENTS. FCF DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS ON THE SITE IN TERMS OF THEIR CORRECTNESS, COMPLETENESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT FCF) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION RELATED TO ANY DAMAGE, HARM, INJURY OR MALFUNCTION ASSOCIATED WITH YOUR USE OF THE SITE AND/OR ITS CONTENTS.

Under no circumstances, including but not limited to negligence by act or omission, shall FCF or any party involved in creating, producing, or delivering the site, be liable for any direct, incidental, consequential, indirect, special or punitive damages or any other damages whatsoever that result from the use of, or the inability to use, the materials on the site, even if FCF or a representative authorized by FCF has been advised of the possibility of such damages. By using the site, you accept at your own risk that the Internet and online communications medium may not perform as intended. Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you. In no event, however, shall FCF total liability to you for all damages, losses, and causes of action exceed the amount paid by you, if any, for accessing the site.

Use of the Site; Copyrights, Trademarks & Service Marks

The site is owned and operated by FCF. Annuity-Exchange, A2X, Annuity News & Life Lines, First Choice Financial^SM Online and their logos are trademarks of First Choice Financial^SM and may not be used, distributed, modified, transmitted, reused or reposted without the prior written permission of FCF. Certain images used on the site are licensed, not owned, by FCF and may not be used, distributed, modified, transmitted, reused or reposted without the prior written permission of the party from whom FCF has licensed such material.

Links To and From Third Party Web Sites

You may note that some of the pages on this site provide hypertext links to other sites created by other organizations. We provide you links to other sites as a free service. Because those other sites are not under our control, we cannot guarantee the quality, accuracy, or timeliness of those sites. Nor is our connection to those sites an endorsement or adoption of the views expressed or of the products and services sold on those sites. Questions about the content of those sites should be directed to their authors. If you would like to provide a hypertext link from your site to this site, please request our permission before doing so. To request such permission, send a message via e-mail to: info@annuity-exchange.com. Please include in the message your name, address and telephone number, and a description of your site and the reason why you would like to establish a link to this site.

Communications and Idea Submissions

Personal Data is information personal and confidential to you that you transmit to us via this site and designate as “personal and confidential.” Notwithstanding any contrary designation by you, information received from users in the forms of names, postal and e-mail addresses, phone numbers, type of business conducted, business relationships, premium production histories and similar data shall not be considered Personal Data.

At times you may initiate communications with us or we may request certain information from you that does not relate to your Personal Data. We refer to these interchanges as “Communications.” An example of such a Communication may be a new product idea or a suggestion as to how we can improve our products or services. Any Communications or material you transmit to the site by electronic mail or otherwise, including data, questions, comments or suggestions, with the exception of Personal Data, will be treated as non-confidential and nonproprietary and will become the property of FCF and/or its affiliates (this information is referred to herein as “Non-Confidential Communications”). Such Non-Confidential Communications may be used for a variety of purposes, including, but not limited to, marketing (including such things as future mailings regarding site updates, new products and services, and upcoming events) and other business purposes. Furthermore, FCF retains the right to use ideas, concepts, know-how, or techniques contained in any Non-Confidential Communications you send to the site for any purpose whatsoever, including, but not limited to, developing and marketing products using such information. You agree that you shall have no recourse against FCF for any alleged or actual infringement or misappropriation of any proprietary right in your Non-Confidential Communications to us and you hereby grant to FCF a non-exclusive, royalty-free, worldwide, perpetual license, with the right to sublicense, to reproduce, distribute, transmit, create derivative works of, publicly display and publicly perform any Non-Confidential Communications you submit to the site by all means and in any media now known or hereafter developed. In the event of any dispute as to whether data transmitted to us via this site was Personal Data, you shall bear the burden of proving that such data is Personal Data.

Users entering materials on any of these web pages are responsible for the content of that material. FCF has no responsibility for the content of any messages or information posted by users, or for the content of information of third parties on the Internet, even if accessed through FCF’s pages. However, FCF retains the right, which it may or may not exercise, in its sole discretion, to review, edit or delete from the service any third-party material which FCF deems to be illegal, offensive or otherwise inappropriate.

Collection of Information from Site Visitors

Please note that, unless we expressly advise you otherwise, the e-mail facilities at our sites do not provide a means for completely secure and private communications between us. Like most, if not all, non-encrypted Internet e-mail communications, your e-mail may be accessed and viewed by other Internet users, without your knowledge and permission, while in transit to us. For that reason to protect your privacy, please do not use e-mail to communicate information to us that you consider to be confidential. If you wish, you may contact us instead via telephone at the numbers provided at various locations on our sites.

You should also be aware that when you visit our web site, we collect certain information that provides us with “usage date,” such as how many times and at what times a particular user ID has been used to access the site, what pages are visited, and what browser and domain name you are using. This data helps us to continually improve the usefulness of the information we provide at this site.

Like most commercial web sites, we may also use what is known as “cookie” technology. A “cookie” is a non-executable element of data that a web site can send to your browser when you link to that site. By assigning a unique data element to each visitor, the web site is then able to recognize repeat users, track usage patterns and better serve you when you return to that site. The cookie does not extract personal information about you. Most browsers provide a simple procedure that will enable you to control whether you want to receive cookies by notifying you when a web site is about to deposit a cookie file.

Software

The material on this site is information only and is provided for lawful purposes only. If you download software from our site, the software, including all files, images, contained in or generated by the software, and accompanying data (together, the “Software”) are deemed to be licensed to you by FCF. Neither title nor intellectual property rights are transferred to you, but remain with FCF, who owns full and complete title. You may not resell, decompile, reverse engineer, disassemble, or otherwise convert the Software to a human perceivable form. Violators will be prosecuted to the maximum extent possible.

Some software from this site may be subject to export controls imposed by the United States and may not be downloaded or otherwise exported or reexported: (a) into (or to a national or resident of) any country to which the U.S. has placed an embargo, including without limitation Cuba, Iran, Iraq, Libya, North Korea, Syria, or Yugoslavia (b) to everyone on the U.S. Treasury Department’s Specially Designated Nationals List, or (c) the U.S. Commerce Department’s Table of Denial Orders. If you download or use the Software or other content from this site you represent and warrant that you are not located in, or under the control of, or a national of any such country or any such list.

Use of the Software is further governed by the terms of the end user license agreement, if any, which accompanies or is included with the Software (“License Agreement”). An end user will be unable to install any software that is accompanied by or includes a License Agreement, unless he or she first agrees to the License Agreement terms.

WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED. THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE LICENSE AGREEMENT. EXCEPT AS WARRANTED IN THE LICENSE AGREEMENT, FCF HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE SOFTWARE, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. IN NO EVENT SHALL FCF AND/OR ITS RESPECTIVE SUPPLIERS BE LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL OR PUNITIVE DAMAGES OR ANY OTHER DAMAGES WHATSOEVER RESULTING FROM LOSS OR USE, DATA OR PROFITS, WHETHER IN AN ACTION OR CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF SOFTWARE, DOCUMENTS, PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR INFORMATION AVAILABLE FROM THIS SERVER, EVEN IF FCF OR A REPRESENTATIVE AUTHORIZED BY FCF HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Miscellaneous

These terms and conditions shall be governed and construed in accordance with the laws of the State of California applicable to agreements made and to be performed in California. You agree that any legal action or proceeding between FCF and you for any purpose concerning this site shall be brought exclusively in a federal or state court of competent jurisdiction sitting in California. Any cause of action or claim you may have with respect to the site, the use of the site or Non-Confidential Communications transmitted to the site must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action shall be deemed barred and forever waived and released. FCF’s failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. If any provision of these terms and conditions shall be unlawful, void, or unenforceable, then that provision shall be deemed severable from these terms and conditions and shall not affect the validity and enforceability of any remaining provisions. This is the entire agreement between the parties relating to the subject matter herein and shall not be modified except in writing.