Terms and Conditions
By maintaining an end user account on ITM TwentyFirst, LLC's ("service provider" or "ITM TwentyFirst")
website, you hereby acknowledge that you have read, understand and agree to be bound by these terms and conditions. The term
"you" refers to the authorized individual that is specified in the
registration information associated with the end user's account. For a business
entity client of service provider, the end user is the client company for which
the end user account is maintained. For a client company user account, you
hereby certify that you have requisite authority to agree to these terms and
conditions on behalf of the client company for which you are an authorized
System Access through User Account. Business
entity and other clients of Service Provider (as applicable) (each, an
"End User") that desire to access Service Provider's
websites must maintain an account ("End User Account") on
Service Provider's websites (www.itm21st.com
or connect.itm21st.com) and any application interface (API) (api.itm21st.com)
(collectively, "Electronic System"). Service Provider
will not permit a user to obtain an End User Account to access the
Electronic System unless all required fields (including but not limited to
name, address, phone number, contact name, and email address) are provided
to the Service Provider as required during the registration process. End
User shall identify an individual to be the administrator on the End User
Account ("Administrator") and the Administrator will have
full authorization to add, delete and change account information. Each End
User is limited to one End User Account, even if the End User is a
business entity unless the Service Provider agrees to an exception for
billing purposes or another business reason. The End User may designate
individuals who may access the End User Account or serve as the
Administrator (each such individual is an "Authorized Individual").
End User agrees that each Authorized Individual may act on End User's
behalf, and the End User is bound by and liable for all actions or
omissions of any Authorized Individual. Access to the Electronic System is
obtained by a verification process during which time the End User or
Authorized Individual signs in using a unique user name and password
("Log-In Credentials"). During the initial log-in for
each End User or Authorized Individual, the End User or Authorized
Individual will be required to agree to these terms and conditions. Each
successive time the End User or Authorized Individual accesses the
Electronic System utilizing the Log-In Credentials constitutes renewal and
reaffirmation by the End User and Authorized Individual of these terms and
conditions. Service Provider reserves its right to revoke any End User or
Authorized Individual's access to the Electronic System at any time
End User Responsibilities Related to Electronic System Access and Data Integrity.
Data Integrity. End User shall
verify and ensure that all information and documents (including, but not
limited to, medical records, policy information, and insured documents)
uploaded to the End User Account or the Electronic System (whether
uploaded by an Authorized Individual or Service Provider) are: (i)
appropriately designated to the specified insured ("Insured");
(ii) properly obtained, whether from an Insured, a health care provider,
an authorized agent or otherwise; (iii) handled in compliance with The
Health Insurance Portability and Accountability Act of 1996 ("HIPAA"),
as amended, as well as all HIPAA rules, standards and implementation
guides; (iv) have not been modified or falsified in any way; and (v)
delivered by End User or an Authorized User without violating any agreements,
laws or regulations.
Compliance with Acceptable Use Policy and Applicable Laws.
End User agrees to comply and shall cause its Authorized Individuals to comply with all applicable laws
and regulations, including but not limited to those related to copyright,
trademark, other intellectual property rights, data privacy,
international communications, pornography, obscenity, import/export
regulations, and tax laws.
End User Account Content Responsibility.
End User is solely responsible for the content of the End User Account
and maintaining the accuracy of the End User profile information,
including information relating to Authorized Individuals.
Authorized Individual Termination/Separation.
Upon termination or separation of
an Authorized Individual's relationship with End User, End User shall
immediately revoke the Authorized Individual's access to the Electronic
System and the End User Account.
It is recommended that End User and each Authorized Individual shall change the
password associated with their Log-In Credentials no less than one (1)
time every three (3) months.
End User shall not allow anyone other than End User and Authorized Users to access
the End User Account or Electronic System. End User and Authorized Users
shall notify Service Provider promptly if either suspects unauthorized
use or access to the End User Account or Electronic System. End User is
solely responsible for such unauthorized use and any damages that may
result therefrom. In the event an act or omission occurs that End User
believes placed the Log-In Credentials or the Electronic System at risk
or exposure to unauthorized use, End User and each Authorized User shall
immediately change the password associated with the End User Account and
immediately provide Service Provider notification of the potential risk.
End User shall fully cooperate with any investigation Service Provider
initiates in response to a report of a potential risk. End User shall
notify Service Provider immediately if End User becomes subject to any
lawful order or process that would prohibit or limit End User or
Authorized Individual's use of the Service.
End User shall not and shall prevent its Authorized Users from (i) causing any
code, files, scripts, agents or programs intended to do harm, including,
for example viruses, worms, time bombs and Trojan horses, or other
harmful code to be entered into the Electronic System, (ii) selling,
reselling, licensing, sublicensing, distributing, making available, renting
or leasing the Electronic System, (iii) interfering with or disrupting
the integrity or performance of the Electronic System, (iv) attempting to
gain unauthorized access to the Electronic System, (v) copying the
Electronic System or any part, feature, function or user interface
thereof, (vi) accessing the Electronic System in order to build a
competitive product or service, and (vii) reverse engineering the
End User represents and warrants that it shall not
and shall prevent its Authorized Users from relying on any life expectancy
certificate issued by Service Provider in making a decision to buy, sell or
hold a life insurance policy, annuity or life settlement contract ("Life
Evaluation of Life Insurance Contracts.
End User has, either directly or
through third-party consultants, such knowledge, education and experience
relating to investment in Life Insurance Contracts and End User can identify,
understand and evaluate the investment risks associated with an acquisition,
holding or sale of a Life Insurance Contract. End User determines whether to
purchase, sell or hold any Life Insurance Contracts independent of any
information provided by Service Provider.
These terms and conditions shall be governed by the laws of the State of Minnesota,
without regard to conflict of law principals. End User and Authorized
Individual agree that all actions or proceedings arising in connection
with these terms and conditions shall be tried and litigated exclusively
in the state or federal courts located in the County of Hennepin, State of
Minnesota. If Service Provider takes action to enforce its rights under
these terms and conditions, End User shall be liable for attorneys' fees,
costs and expenses incurred if Service Provider is the prevailing party.
End User and Authorized Individual's rights and obligations under these
terms and conditions may not be assigned or transferred without written
permission of Service Provider. No waiver of any provision herein will be
binding unless executed in writing by the party making the waiver. No
waiver of any provision herein will be deemed, or will constitute, a
waiver of any other provision, and no waiver will constitute a continuing
waiver. Service Provider may confirm to other of Service Provider's
clients that Service Provider has completed a life expectancy certificate
on an Insured.
End user/authorized individual have read and accept these terms and conditions and end user/authorized have read and
accept the terms and conditions (if any) included on each product (including
but not limited to life expectancy or medical records orders or confirmation of
past life expectancy estimates) ordered by end user/authorized individual (or
service provider upon request) through service provider's website. If end
user/authorized individual do not agree to these terms and conditions, end
user/authorized individual may choose not to become a user of the services
provided by service provider.
Note, for all life expectancy orders, the following terms and conditions apply as set forth in the applicable life
expectancy certificate (quoted language below):
"TERMS AND CONDITIONS: ITM TWENTYFIRST DID NOT VERIFY THE COMPLETENESS OR ACCURACY
OF THE INFORMATION PROVIDED BY CLIENTS OR ANY THIRD PARTY THAT WAS USED IN PREPARING THIS
CERTIFICATE. LIFE EXPECTANCY FIGURES ARE ESTIMATES ONLY. ITM TWENTYFIRST DOES NOT
MAKE ANY REPRESENTATIONS OR WARRANTIES TO CLIENT COMPANY OR ANY THIRD PARTY WITH RESPECT
TO THIS CERTIFICATE, INCLUDING WITHOUT LIMITATION ANY REPRESENTATION OR
WARRANTY THAT AN INSURED WILL DIE ON OR NEAR A PROJECTED DATE. ITM TWENTYFIRST
DOES NOT RECOMMEND THAT CLIENT COMPANY OR ANYONE BUY, SELL OR HOLD A LIFE
INSURANCE POLICY OR LIFE SETTLEMENT CONTRACT ON THE BASIS OF THIS LIFE
EXPECTANCY ESTIMATE AND NO ONE (INCLUDING CLIENT COMPANY) SHALL RELY ON THIS
CERTIFICATE WHEN DECIDING TO BUY, SELL OR HOLD A LIFE INSURANCE POLICY OR LIFE
SETTLEMENT CONTRACT. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ITM
TWENTYFIRST EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING
BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A
PARTICULAR PURPOSE. IF ITM TWENTYFIRST BECOMES LIABLE TO CLIENT COMPANY OR ANY
PARTY WITH RESPECT TO THIS OR ANY OTHER LIFE EXPECTANCY CERTIFICATES PREVIOUSLY
ISSUED BY ITM TWENTYFIRST FOR ANY REASON, THE SOLE LIABILITY (WHETHER ARISING
BY NEGLIGENCE, CONTRACT, STATUTE OR OTHERWISE) SHALL BE DIRECT DAMAGES, NOT TO
EXCEED THE AMOUNT PAID BY CLIENT COMPANY TO ITM TWENTYFIRST FOR THE SPECIFIC
LIFE EXPECTANCY AT ISSUE, AND IN NO EVENT SHALL THE AGGREGATE DAMAGES FOR ALL
LIFE EXPECTANCIES PREVIOUSLY OR HEREAFTER COMPLETED BY ITM TWENTYFIRST FOR
CLIENT COMPANY EXCEED TEN THOUSAND DOLLARS.
INSURED-SPECIFIC MEDICAL INFORMATION MAY
BE CONFIDENTIAL UNDER STATE OR FEDERAL LAW. LIFE EXPECTANCY INFORMATION
PROVIDED TO CLIENT COMPANY BY ITM TWENTYFIRST SHALL NOT BE USED BY CLIENT IN
ANY MANNER THAT VIOLATES APPLICABLE LAWS.
THIS CERTIFICATE WAS ISSUED USING ITM TWENTYFIRST'S TRADITIONAL UNDERWRITING METHODOLOGY ("TRADITIONAL METHOD").
FROM TIME TO TIME, ITM TWENTYFIRST MAY DEVELOP NEW LIFE EXPECTANCY PRODUCTS OR DATA ANALYTICS USING METHODS
("NEW METHODS") THAT DIFFER FROM THE TRADITIONAL METHOD. THE NEW METHODS MAY INCLUDE DIFFERENT DATA,
ANALYSIS, ALGORITHMS, OR TECHNOLOGY THAN THOSE USED IN THE TRADITIONAL METHOD AND MAY RESULT IN
DIFFERENT LIFE EXPECTANCY ESTIMATES FOR THE SAME INSURED.
SUBJECT TO ALL OF THE LIMITATIONS SET FORTH ABOVE, THIS
CERTIFICATE IS ISSUED SOLELY TO, AND FOR THE EXCLUSIVE USE OF, THE CLIENT
COMPANY IDENTIFIED ON THIS CERTIFICATE. WITHOUT PRIOR WRITTEN CONSENT OF ITM TWENTYFIRST,
CLIENT COMPANY SHALL NOT SELL, TRANSFER, RE-DISTRIBUTE, POST, PROVIDE COPIES
OF, OR OTHERWISE DISCLOSE THIS CERTIFICATE OR THE INFORMATION CONTAINED THEREIN
TO ANY THIRD PARTY, UNLESS REQUIRED BY LAW (EACH, AN "UNAUTHORIZED
DISCLOSURE"). CLIENT COMPANY WILL PAY ALL COSTS AND ATTORNEY FEES INCURRED
BY ITM TWENTYFIRST TO ENFORCE THE TERMS HEREIN. ANY USE OF THIS CERTIFICATE,
INCLUDING ANY UNAUTHORIZED DISCLOSURE, CONSTITUTES AGREEMENT TO THE TERMS
ADDITIONAL TERMS AND CONDITIONS APPLY TO TERTIARY LIFE EXPECTANCY ORDERS AS SET FORTH IN THE APPLICABLE CERTIFICATE.