This Web site ("Site") is owned by Mutual of Omaha Insurance Company and its affiliates ("Mutual"). Please read these Terms and Conditions carefully before using this Site. By accessing, viewing, or using the systems, services or materials on this Site, you indicate your understanding of these "Terms and Conditions," and further agree to accept such Terms and Conditions and to be legally bound by them. Mutual reserves the right, in its sole discretion, to modify, alter or otherwise update these Terms and Conditions at any time. Please check this page periodically for any changes. Your continued use following the posting of any changes shall mean that you have accepted those changes. Other web sites operated by Mutual, which may be linked to from this Site, may have different terms and conditions.
- AVAILABILITY AND USE OF MATERIALS ON THE SITE
"Materials" include all forms of information, documents, features, images and other content present on or available to you from the Site.
- COPYRIGHT AND PROPRIETARY RIGHTS IN MARKS, LOGOS AND MATERIALS
All Material located on this Site, including, but not limited to, images, illustrations, audio clips, video clips, service marks and logos is protected by copyright, trademark, and other intellectual property rights which are owned and controlled by Mutual or by other parties that have licensed their material to Mutual unless otherwise indicated. All Materials are Mutual's property, unless otherwise indicated. Removal, reproduction or other use, by any means, of any Materials, logo, trademark, service mark, or the name of Mutual or its affiliates, is expressly prohibited without the prior written consent of Mutual. Without the prior written consent of the owner, modification of the materials or use of the materials for any purpose other than personal, non-commercial use is a violation of the copyrights, trademarks, and other proprietary rights, and is prohibited.
- LICENSE TO USE MATERIALS
Mutual grants you a non-exclusive, non-transferable, temporary license to use Materials, which includes the right to download and/or print individual pages of the Site for your personal, non-commercial use only. Teachers may also reproduce and distribute content from the Site for classroom use only. Mutual may limit or revoke your license to use any Material at any time if you fail to comply with this Agreement, or for any other reason. In no event shall the Materials be reproduced or used in any commercial manner or any manner which Mutual deems to be directly or indirectly in competition with Mutual, or otherwise in a manner which is contrary to Mutual's best interests.
- COMMUNICATIONS WITH THE SITE
Except as is noted in Mutual s privacy statement or required by privacy laws, if you elect to communicate with Mutual via the Site or e-mail, you acknowledge that the information contained in your message (with the exception of personal identifying information) shall not be considered confidential and that Mutual shall be free to disclose or otherwise use such information contained therein without any liability or limitation, including but not limited to creating and marketing products and/or services using such information. Mutual is not responsible and shall not be liable for the contents of information, messages or other content posted to the Site by visitors or persons other than Mutual employees. Opinions or comments contained in such items reflect the views of the author and not of Mutual unless Mutual expressly states to the contrary. Any idea submitted to Mutual shall become the property of Mutual.
- LINKS TO OTHER WEB SITES
The Site may, from time to time, contain links to other Internet Web sites for the convenience of users in locating information and services that may be of interest. You acknowledge that (except for sites which are specifically owned and operated by Mutual) these third-party sites are maintained by persons or organizations which Mutual does not control, and Mutual expressly disclaims any responsibility for the content, the accuracy of the information and/or quality of products or services provided by or advertised on these third-party sites. Mutual does not control, endorse, promote, or have any affiliation with any other Web site unless expressly stated in the Site or in the other Web site.
- USE OF THE INTERNET
Use of the Internet is solely at your own risk and is subject to all applicable state, national and international laws and regulations. While Mutual endeavors to apply security protocols which are reasonably necessary and appropriate to the types of electronic communications which occur through use of the Site, the confidentiality of any communication or material transmitted to or from Mutual via the Site, other web sites or Internet electronic mail cannot be guaranteed, including personal information such as your address or social security number. Mutual will not be liable for any loss resulting from a cause over which it has no direct control, including but not limited to, failure of electronic or mechanical equipment or communication lines, telephone or other interconnect problems, computer viruses, unauthorized access, theft, operator errors, severe weather, earthquakes, natural disasters, strikes or other labor problems, wars, or governmental restrictions.
- DISCLAIMER OF WARRANTY AND LIMITATION OF LIABILITY
USE OF THIS SITE IS ENTIRELY AT YOUR OWN RISK. IN NO EVENT SHALL MUTUAL BE LIABLE TO YOU, OR TO ANY THIRD PARTIES, FOR ANY DAMAGES YOU OR A THIRD PARTY MAY SUSTAIN DUE TO YOUR USE OR INABILITY TO USE THE SITE OR ANY MATERIALS, EVEN IF MUTUAL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. MUTUAL SHALL NOT BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOST REVENUES OR LOST PROFITS, WHICH MAY RESULT FROM THE USE OF, ACCESS TO, OR INABILITY TO USE THESE MATERIALS. UNDER NO CIRCUMSTANCES WILL THE TOTAL LIABILITY OF MUTUAL TO YOU EXCEED THE PRICE PAID FOR USE OF THE SITE. THE SITE AND MATERIALS ARE PROVIDED "AS IS." TO THE MAXIMUM EXTENT PERMITTED BY LAW, MUTUAL DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. MUTUAL DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SITE OR ANY MATERIALS WILL MEET ANY REQUIREMENTS OR NEEDS YOU MAY HAVE, OR THAT THE SITE OR ANY MATERIALS WILL OPERATE IN AN ERROR FREE OR UNINTERRUPTED FASHION, OR THAT ANY DEFECTS OR ERRORS IN THE SITE OR MATERIALS WILL BE CORRECTED. SOME JURISDICTIONS DO NOT ALLOW THE WAIVER OR EXCLUSION OF IMPLIED WARRANTIES SO THEY MAY NOT APPLY TO YOU.
- INDEMNIFICATION AND INJUNCTION
You agree to defend, indemnify, and hold harmless Mutual, its affiliates and subsidiaries, and all of their respective directors, officers, employees, representatives, proprietors, partners, shareholders, servants, principals, agents, predecessors, successors, assigns, and attorneys from and against any and all claims, proceedings, damages, injuries, liabilities, losses, costs, and expenses (including attorney's fees and litigation expenses) relating to or arising from your use of the Site, any breach by you of these Terms and Conditions, your negligent or intentional acts, errors or omissions in regard to the subject matter of this Agreement, or your failure to comply with applicable laws.
- GOVERNING LAW AND JURISDICTION
This Agreement is governed by the laws of the Unites States and the State of Nebraska without regard to that state's principles of conflicts of laws. By using this Site you consent to the jurisdiction of the federal and state courts presiding in Omaha, Nebraska, agree to accept service of process by mail and waive any and all jurisdictional and venue defenses otherwise available. This Site is controlled and operated by Mutual from its offices within the United States. Mutual makes no representation that Materials in the Site are appropriate or available for use in other locations, and access to them from territories where their contents are illegal is prohibited. Those who choose to access this Site from other locations do so on their own volition and are responsible for compliance with applicable local laws.