Welcome to foundation.americanfidelity.com (the "Site"). The Site is provided by American Fidelity Assurance Company (the "Company") as a service to the public and our customers. The following basic rules govern your use of the Site (the "Agreement"). Note that your use of the Site constitutes your unconditional agreement to follow and be bound by these Terms and Conditions. The Company reserves the right to update or modify these Terms and Conditions at any time without prior notice. Your use of americanfidelity.com or the OnLine Service Center following any such change constitutes your unconditional agreement to follow and be bound by the Terms and Conditions as changed. For this reason, we encourage you to periodically review these Terms and Conditions.
1. USE OF THIS SITE
The Site and all its Contents are intended solely for your personal, non-commercial use. You agree to use this Web Site in a prudent fashion, and agree to fully determine on your own, the usefulness of any information provided herein as you make decisions regarding its content. You may download or copy the Contents and other downloadable materials displayed on the Site for your personal use only. No right, title or interest in any downloaded materials or software is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, re-publish, upload, post, re-post, reverse engineer, re-use, alter, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of or exploit in any way, in whole or in part, any of the Contents, the Site or any related software. All software used on this site is the property of the Company or its suppliers and is protected by U.S. and international copyright laws. Any other use, including the reproduction, modification, distribution, transmission, republication, display, or performance, of the content on this site is strictly prohibited. The American Fidelity logo, AFA(tm) and americanfidelity.com(tm) are all trademarks of American Fidelity Assurance Company. American Fidelity Group(r) is a registered trademark of American Fidelity Corporation.
The materials contained herein and any related Company Websites, both text and graphics, are presented for informational and illustrative purposes only. Nothing on the Site is intended as, nor should it be construed as, an offer to sell or an invitation to buy any product or service currently offered by the Company. The Company's products and services are available only in those states and jurisdictions where the Company is licensed and each product and/or service has received regulatory approval as may be required by law.
Access to and use of the Site are provided on an "as is" and "as available" basis without express or implied warranties of any kind. The Company does not warrant that such access and use will be uninterrupted. The Company cannot and does not guarantee the completeness or accuracy of any information obtained from the Site or its applicability to your unique financial situation except where expressly required by state or federal law. The information contained herein is presented without express or implied warranties of any kind. The information is not intended as, nor should it be construed as, financial, legal or professional advice. You agree to seek the advice of and consult with your own competent legal, financial or tax advisor before you make any decision pertaining to any matter directly or indirectly related to information contained within this Web Site.
3. COPYRIGHTS and TRADEMARKS
Unless otherwise noted, all materials, including images, text, illustrations, designs, icons, photographs, programs, video clips and written and other materials that are part of this Site (collectively, the "Contents") are copyrights, trademarks, trade and/or other intellectual property owned, controlled or licensed by the Company, one of its affiliates or by third parties who have licensed their materials to the Company and are protected by U.S. and international copyright laws. The compilation (meaning the collection, arrangement, and assembly) of all content on this site is the exclusive property of the Company and is also protected by U.S. and international copyright laws.
The Company and its suppliers and licensors expressly reserve all intellectual property rights in all text, programs, products, processes, technology, content and other materials which appear on the Site. Access to the Site does not confer and shall not be considered as conferring upon anyone any license under any of the Company's or any third party's intellectual property rights.
The Company logo and "americanfidelity.com(tm)" and all related product and service names, design marks and slogans are the trademarks or service marks of the Company. American Fidelity Group(r) is a registered trademark of American Fidelity Corporation. No trademark or service mark license is granted in connection with the materials contained on this website. Access to this website does not authorize anyone to use any name, logo or mark in any manner.
References on this Web site to any names, marks, products or services of third parties or hypertext links to third party sites or information are provided solely as a convenience to you and do not in any way constitute or imply the Company's endorsement, sponsorship or recommendation of the third party, information, product or service.
4. EXTERNAL LINKS
The Site may contain links to other websites. The Company is not responsible for the availability of these external websites nor does it endorse or is it responsible for any of the contents, advertising, products or other materials on such external websites. Under no circumstances shall the Company be held responsible or liable, directly or indirectly, for any loss or damage caused or alleged to have been caused in connection with the use of or reliance on any content, goods or services available on any such external website. Any concerns regarding any external link should be directed to the respective website, rather than to the Company. Including a link to an external site in the Site does not expressly state or imply that the Company has authorization from the owner of such site to link to it. The Company is not responsible for the content of any third party sites and does not make any representations regarding the availability, content or accuracy of material on such sites. The Company cannot and does not monitor the sites linked to our pages on the Internet. If you decide to link to any such third party web sites, you do so entirely at your own risk. You agree not to provide links to this Website without the prior authorization and written consent of the Company.
5. SITE SECURITY
You are prohibited from violating or attempting to violate the security of the Site, including, without limitation, (a) accessing data not intended for such user, (b) logging onto a server or an account which you are not authorized to access; (c) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (d) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to the Site, introducing a Disabling Device (as hereinafter defined), overloading, "flooding," "spamming," "mail-bombing" or "crashing;" (e) sending unsolicited e-mail, including promotions and/or advertising of products or services; or (f) forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting. Violations of system or network security may result in civil or criminal liability. The Company will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.
You agree not use this Website in a manner that inhibits or restricts other users from enjoying the same. You agree not to post or transmit any information, software or other material that 1) contains a virus, worm, Trojan horse, Timebomb or other harmful component; 2) is defamatory, abusive, obscene, illegal, threatening, libelous, pornographic or profane; and 3) infringes on the privacy, intellectual property and/or other protected rights of others, including without limitation any postings or transmissions that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, national or international law. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of this Site or any activity being conducted on this site. You agree, further, not to use or attempt to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search this Site other than the search engine and search agents available from Company on the Site and generally available third party web browsers (e.g., Microsoft Internet Explorer, Firefox, Safari, etc.).
6. USER COMMENTS, FEEDBACK, AND OTHER SUBMISSIONS
We welcome Feedback regarding the americanfidelity.com web site. All comments, feedback, suggestions, ideas, and other submissions disclosed, submitted or offered to the Company on or by this Site or otherwise disclosed, submitted or offered in connection with your use of this Site (collectively "Feedback") shall be and remain the Company's property. Such disclosure, submission or offer of any Feedback shall constitute an assignment to the Company of all worldwide rights, titles and interests in all copyrights and other intellectual properties in the Feedback. Thus, the Company will own exclusively all such rights, titles and interests and shall not be limited in any way in its use, commercial or otherwise, of any Feedback. The Company will be entitled to use, reproduce, disclose, publish and distribute any feedback you submit for any purpose whatsoever, without restriction and without compensating you in any way. The Company is and shall be under no obligation (1) to maintain any Feedback in confidence; (2) to pay to user any compensation for any Feedback; or (3) to respond to any user Feedback. You agree that no Feedback submitted by you to the Site will violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary right(s). You further agree that no Feedback submitted by you to the Site will be or contain libelous or otherwise unlawful, abusive or obscene material. You are and shall remain solely responsible for the content of any Feedback you submit.
You agree to defend, indemnify and hold the Company harmless from and against any and all claims, damages, costs and expenses, including attorneys' fees, arising from or related to your use of the Site.
THIS SITE AND ANY AND ALL INFORMATION PROVIDED HEREIN OR IN RELATED COMPANY SITES RELATED TO THE COMPANY, OUR OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, PARENT, AFFILIATES, SUBSIDIARIES OR OTHER MEMBERS OF THE AMERICAN FIDELITY GROUP(r), INCLUDING AMERICAN FIDELITY CORPORATION, AMERICAN PUBLIC LIFE INSURANCE COMPANY AND SECURITY GENERAL LIFE INSURANCE COMPANY ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. THE COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, AMERICAN FIDELITY ASSURANCE COMPANY, ITS OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, PARENT, AFFILIATES, SUBSIDIARIES AND OTHER MEMBERS OF THE AMERICAN FIDELITY GROUP(r) DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT. THE INFORMATION PROVIDED HEREIN IS FOR INFORMATIONAL PURPOSES ONLY AND THE COMPANY DOES NOT WARRANT THAT THE INFORMATION IS COMPLETE OR ACCURATE, THAT USE OF THE SITE WILL BE UNINTERRUPTED OR ERROR FREE OR THAT ANY INFORMATION IS FREE OF DISABLING DEVICES (AS HEREINAFTER DEFINED), THAT DEFECTS WILL BE CORRECTED, OR THAT THIS WEB SITE OR THE SERVER FROM WHICH IT IS ACCESSED ARE FREE FROM VIRUSES, TIMEBOMBS, WORMS, TROJAN HORSES OR OTHER HARMFUL COMPONENTS WHICH MAY PREVENT USERS FROM USING A WEBSITE OR ANY OTHER ITEM OF HARDWARE OR SOFTWARE OR MAY ERASE, SCRAMBLE, LOCK OR DISABLE COMPUTER SOFTWARE OR EQUIPMENT. SHOULD YOU OFFER TO PURCHASE A PRODUCT FROM THE COMPANY OR A THIRD PARTY, THE TERMS AND CONDITIONS APPLICABLE TO THAT TRANSACTION WILL GOVERN SUCH PURCHASE; YOUR USE OF THIS WEBSITE DOES NOT AFFECT THAT PURCHASE IN ANY MANNER. WITHOUT LIMITING THE FOREGOING, YOU ACKNOWLEDGE, BY YOUR USE OF THE AMERICAN FIDELITY ASSURANCE COMPANY WEBSITE, THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK. THIS DISCLAIMER CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE FOREGOING LIMITATIONS MAY NOT APPLY TO YOU.
10. DISABLING DEVICE
A "Disabling Device" is defined as any software, document, message or other material which contains a computer virus, worm, trojan horse, timebomb or other device which may erase, scramble, lock or disable computer software or equipment or may prevent users from using a website or any other item of hardware or software.
11. LIMITATION OF LIABILITY
IN NO EVENT AND UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL OR EQUITABLE THEORY, WHETHER BASED ON TORT, CONTRACT, STRICT LIABILITY, BAD FAITH OR OTHERWISE, SHALL AMERICAN FIDELITY ASSURANCE COMPANY OR ANY OF ITS EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, VENDORS, SUPPLIERS, PARENT, AFFILIATES OR SUBSIDIARIES BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR ANY COSTS, DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL LOSSES OR DAMAGES OF ANY NATURE ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE THIS OR ANY COMPANY-RELATED WEB SITE, OR ANY OTHER DIRECT OR INDIRECT HYPER-LINKED WEBSITES, INCLUDING, WITHOUT LIMITATION, DAMAGES OR CLAIMS FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, VIRUSES, OMISSIONS, DELAYS, NONDELIVERY OF INFORMATION, RELIANCE ON INFORMATION, BUSINESS OR PERSONAL INTERRUPTIONS, USE, LOSS OF PROGRAMS, LOSS OF FILES, ERRORS, DEFECTS, DISABLING DEVICES, COMPUTER FAILURE OR MALFUNCTION OR OTHER INTANGIBLE LOSSES, EVEN IF THE COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, BUSINESS PARTNERS, PARENT, AFFILIATES OR SUBSIDIARIES HAVE BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL AMERICAN FIDELITY ASSURANCE COMPANY BE LIABLE FOR ANY DAMAGES IN EXCESS OF ANY FEES LEVIED BY THE COMPANY AND PAID BY YOU IN CONNECTION WITH YOUR USE OF THE SITE DURING THE MONTH PRECEDING THE DATE ON WHICH THE CLAIM AROSE.
12. SOFTWARE LICENSE
Any software that is made available to download from the Site ("Software") is owned or licensed by the Company and/or its suppliers and is subject to U.S. and international copyright, trade secret, trademark and other laws protecting intellectual property. Use of the Software is governed by the terms of the end user license agreement, if any, which accompanies or is included with the Software, unless acceptance of a different license agreement is required prior to downloading the Software (the "License Agreement"). The Software is made available for downloading solely for use by end users according to the License Agreement. Any reproduction or redistribution of the Software not in accordance with the License Agreement is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the extent permitted by applicable law.
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, THE COMPANY 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 NONINFRINGEMENT.
13. EXPORT CONTROLS
Software from the Site is further subject to United States export controls, No software from the Site may be downloaded or otherwise exported or re-exported (i) into (or to a national, agent or resident) of any country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals, or the U.S. Commerce Department's Table of Deny Orders. By downloading or using the Software, you represent and warrant that you are not located in, under the control of, or a national, agent or resident of any such country or on any such list.
The Company operates and controls the Site from its offices located in the state of Oklahoma in the United States. The Company makes no representation that the information or other materials in the Site are appropriate or available for use in other locations. If you choose to access this Website outside of the State of Oklahoma through your own initiative, you are responsible for compliance with local laws, if and to the extent local laws are applicable.
15. COMPLETE AGREEMENT
This Agreement represents the complete agreement between the parties and supersedes all previous written or oral agreements between the parties with respect to such subject matter. If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable and the other terms of this Agreement shall remain in full force and effect. The failure of Company to act with respect to a breach of this Agreement by you or others does not constitute a waiver and shall not limit Company's rights with respect to such breach or any subsequent breaches. This Agreement shall be governed by and construed under Oklahoma law as such law applies to agreements between Oklahoma residents entered into and to be performed within Oklahoma, without giving effect to any principles of conflicts of law. Any action or proceeding arising out of or related to this Agreement or your use of this Site must be brought in the state or federal courts of Oklahoma. (c) 2000 American Fidelity Assurance Company. All Rights Reserved.
16. Linking Agreement
We invite you to link to our Site www.americanfidelity.com. If you want to link to our Site, you may do so, provided you agree to this Linking Agreement. By establishing a link to our Site, you are deemed to have agreed to this Linking Agreement.
If you link to our Site, the Company grants you a limited, non-exclusive, non-transferable, royalty-free license to use the Company’s registered and unregistered marks (the "Marks") solely for the purpose of serving as a link from your web site to the Company’s Site. Except for the limited license granted in this paragraph to use the Marks, you may not use any of the Company’s trademarks or service marks for any reason without the Company’s prior written permission.
You acknowledge that all rights to each of the Marks, the content appearing on the Site, and the look and feel of the Site belong to the Company, and you agree not to directly or indirectly contest or infringe these rights.
If you link to the Site, your web site:
- Should not "frame" any portion of this Site or use similar boundary control techniques to display the Contents of this Site, except as provided below.
- Should not disparage or discredit this Site or the Company or its products or services, or present our graphic link in any way which diminishes its good will, or otherwise violates state or federal law.
- Should not contain materials that may be interpreted as distasteful or offensive, all materials should be appropriate for all age groups.
- Should not imply that the Company is endorsing you or your products or services.
- In the absence of any affiliation or business relationship with the Company, should not state or imply an affiliation or relationship between your organization and the Company without the prior written approval of the Company. If there is an affiliation or business relationship between your organization and the Company, it may be noted, so long as it is accurately described.
Limitations on framing and "deep linking" on the Site Certain users may wish to establish a "deep link" to some parts of the Site or frame some portion of the Site. These practices may be acceptable, provided you comply with all of the conditions above under "General" and below as well.
For all framing and deep linking requests:
- You must submit for the Company’s review and approval screen shots that display the method by which you would like to frame a page of the Site. The Company may withhold its approval, in its sole discretion.
- If you have any questions about how to establish a "deep link" to the Site, or if you wish to frame any portion of the Site, please contact the Company.