CMG Surety LLC (dba CMG Life Settlement Providers LLC in Texas) and/or its affiliated
companies (referred to in this agreement as "CMG," “we,” or “us”) operates this
website and the pages of this web site (collectively, the "Web Site") in order to
provide information about and/or to deliver products and services offered by CMG
companies. We require all users and viewers of the Web Site to agree to the terms
of this agreement (the “Agreement”) as a condition to accessing or using our Web
Site.
WE MAY MODIFY THIS AGREEMENT AT ANY TIME AND FROM TIME TO TIME IN OUR SOLE DISCRETION
WITHOUT NOTICE TO YOU. YOU SHOULD PERIODICALLY REVIEW THIS AGREEMENT CAREFULLY IN
ORDER TO MAKE SURE THAT YOU ARE AWARE OF THE MOST CURRENT TERMS AND CONDITIONS FOR
THE USE OF THE WEBSITE, BECAUSE ANY USE OR VIEWING OF THE WEBSITE BY YOU AFTER ANY
CHANGE TO THIS AGREEMENT, WHETHER OR NOT YOU HAVE REVIEWED THE AMENDED AGREEMENT,
CONSTITUTES YOUR ACCEPTANCE OF THE AGREEMENT AS CHANGED.
Section 2.
Investment Products and Information
None of the information contained in this web site constitutes a recommendation,
solicitation, or offer by CMG to buy or sell any securities or other financial instruments
or provide any investment advice or service, and all products and services are subject
to our eligibility and application requirements. The information contained in the
Web Site has been prepared without reference to your particular investment requirements
or financial situation, and the products and information presented on the Web Site
are not suitable for all investors.
The Web Site an/or the information, products, and services provided or described
on the Web site are not provided to and may not be used by any person or entity
in any jurisdiction where the provision or use thereof would be contrary to applicable
laws, regulations, or rules of any governmental authority or regulatory or self-regulatory
organization or clearing organization or where CMG is not authorized to provide
such information or services.
Not all products and services described on the Web Site are available in all geographic
areas, and the terms of certain products and services may vary from one area to
another. You may not qualify for certain products and services, and we reserve the
right to determine eligibility for any product or service. Products and services
described, as well as fees, charges, terms, and conditions relating to such products
and services, are subject to change without notice.
CMG is not acting as an advisor or fiduciary in publishing any information available
on the Web Site, and you should consult a qualified advisor in the event you should
need legal, tax, or accounting advice with respect to any specific circumstances.
Life settlements, viatical settlements, and other financial products that may be
described on the Web Site involve risk, including the possible loss of value and/or
principal, and are not obligations of, or guaranteed or insured by, CMG, any of
CMG’s affiliates, the FDIC, or any other agency of the United States.
Various products and services described on the Web Site, and/or various pages, sections,
or features of the Web Site, may be subject to separate terms and conditions in
addition to the terms of this Agreement. In the event of a conflict, such separate
terms and conditions will govern and control with respect to the corresponding product,
service, page, section, or feature. This Agreement is not intended to affect or
amend any agreement you have with any CMG company for the provision of a particular
financial product or service, and our relationship with you as to such particular
financial product or service shall be governed by the written terms of the agreement
relating to such financial product or service.
Section 3.
Privacy Policy
You acknowledge that you have read and understand the CMG Web Site
Privacy Policy,
which concerns the collection and use of your personal information by CMG in conjunction
with or related to use of the Web Site and electronic communications with CMG. The
CMG Web Site Privacy Policy is in addition to any other privacy policy relating
to your relationship with CMG as to which CMG may notify you from time to time.
You acknowledge and agree that when you submit any information to us through the
Web Site you are submitting such information to all CMG companies collectively and
that such information may be disclosed and transferred among such companies and
their respective agents and service providers, subject to the provisions of applicable
law. You further agree that we may disclose any information you submit if we have
a right or duty to do so, if we are compelled or permitted by law to do so, as directed
by you, and/or as necessary to provide you with products or services you have requested.
Any information, questions, comments, suggestions, or ideas that you send to us
by or through the Web Site or at any e-mail address we have provided on the Web
Site will be treated as being non-confidential and non-proprietary as to you, and
we will be free to use the same for any purpose whatsoever (including without limitation
for the purposes of developing and marketing products and services) without paying
any compensation to you, and the same shall be deemed our property upon receipt.
CMG may use certain technology on the Web Sites to collect information from visitors
and compile aggregate statistical information about how visitors use the Web Site,
including without limitation information relating to the frequency of visits, the
average length of visits, which pages are viewed during a visit, and the links to
other web sites invoked during a visit, the domain name and IP address from which
visitors are connecting, and the type and version of web browser. CMG may use this
information to improve the web site content and performance. No individually identifiable
information is collected for this purpose and CMG does not monitor individual visitor
behavior.
Section 4.
Restrictions on Use of the Web Site
You may not do any of the following: (a) “frame” or “mirror” any portion of the
Web Site , or access the Web Site in any way other than by the interfaces provided
by CMG; (b) use any robot, spider, other automatic device, or manual process, to
“screen scrape,” monitor, “mine,” or copy any portion of the Web Site; (c) use any
device, software, methodology, or routine to interfere with the proper working of
the Web Site or servers, networks connected to the Web Site, or the use and enjoyment
of the Web Site by any third party; (d) reverse engineer any of our technology,
including without limitation any applets associated with the Web Site; (e) access
data of which you are not an intended recipient or log into a server or account
on a network related to the Web Site that you are not expressly authorized to access;
(f) harvest or collect information about other Web Site users; (g) restrict or inhibit
any other person from using the Web Site, including without limitation by means
of "hacking" or defacing any portion of the Web Site; (h) use any portion of the
Web Site as a destination linked from any unsolicited bulk messages or unsolicited
commercial messages; (i) in any other way interfere with, overburden, or disrupt
the proper operation of the Web Site or use the Web Site in a way that harms CMG,
any customer of CMG, or any other person; (j) engage in any activities related to
the Web Site that are contrary to applicable laws or regulations; or (k) attempt
to do, or assist anyone else with doing or attempting, any of the foregoing or any
act that might reasonably lead to the foregoing.
You are granted a limited, nonexclusive right to create a “hypertext” link to the
Web Site provided that such link is to the entry page (home page) of the Web Site
and does not portray CMG or any of its products or services in a false, misleading,
derogatory, or defamatory manner. This limited right may be revoked at any time
for any reason whatsoever.
Section 5.
Links from the Web Site
The Web Site contains links to third-party web sites that are provided solely as
a convenience. The inclusion of any link does not represent or imply any affiliation,
approval, or endorsement by CMG of any product or information relating to such web
site, and CMG has conducted no investigation regarding such. Under no circumstances
will CMG be responsible for, and CMG expressly disclaims, the information contained
on a linked web site or your use of or inability to use it. The terms and conditions
of using any linked web site and its privacy policy are not the same as the terms
of this Agreement and CMG’s privacy policy.
Section 6.
Proprietary Rights
You acknowledge and agree that all right, title and interest in the Web Site and
all works of authorship and other materials contained on the Web Site, including
without limitation any software, data, text, photos, pictures, graphics, images,
audio and video clips, logos, icons, and links, and the selection and arrangement
thereof (collectively, the “Content”) is exclusively the property of CMG and/or
its licensors and that we have granted you no license or rights whatsoever in or
to any Content except as expressly set out in this Agreement. Unless you have written
permission of CMG for commercial use of the Web Site, the Web Site is for your personal,
non-commercial use only and you may view, download, and print Content only for your
own personal use. You may not modify, copy, distribute, transmit, sell, transfer,
broadcast, circulate, display, perform, reproduce, publish, license, create derivative
works from, or otherwise use in any other way for commercial or public purposes,
in whole or in part, any Content or products or services obtained from this web
site, except for the purposes expressly provided herein, without CMG's prior written
approval. If you copy or download anything from this web site, you agree that you
will preserve any copyright notices or other such notices contained therein.
You also acknowledge and agree that the CMG names and logos and all related product
and service names, design marks, and slogans appearing on the Web Site, along with
the names and trademarks or service marks of third parties referenced on the Web
Site (collectively, the "Marks"), are the exclusive property of CMG or such third
parties and that we have granted you no license or rights whatsoever in or to any
Marks. You agree not to use any Marks, including without limitation any use as or
in metatags on other web sites, without our prior express written consent and/or
the prior express written consent of the owner of the applicable Mark.
Section 7.
Accuracy of Information
The information and materials on the Web site may contain typographical errors or
inaccuracies. Any dated information is published as of its date only, and CMG does
not undertake any obligation or responsibility to update or amend any such information.
CMG reserves the right, in its sole discretion, without any obligation and without
any notice to you, to change the information, materials, and descriptions on the
Web Site or discontinue or change any product or service described in or offered
on the Web Site at any time.
Section 8.
Web Site Availability
CMG may place limits on, modify, suspend, or terminate the Web Site generally and,
in addition to other remedies available to CMG, may suspend or terminate your use
of the Web Site if you fail to comply with this agreement. CMG may use technology
or other means to protect the Web Site, to protect its customers, or stop you from
breaching this agreement.
Section 9.
Indemnification
You agree to defend or settle any third-party claim against CMG, and otherwise to
hold CMG and its directors, officers, employees, agents, and affiliates harmless
from all losses and costs (including without limitation reasonable attorney fees
and expenses), arising from or related to your use of the Web Site or your breach
of this Agreement.
Section 10.
Exclusion of Warranties;Errors and Interruptions
CMG PROVIDES THE WEB SITE "AS-IS," "WITH ALL FAULTS," "AS AVAILABLE," AND “WHERE
AVAILABLE AND PERMITTED.” CMG DOES NOT MAKE ANY EXPRESS WARRANTIES OR GUARANTEES,
AND CMG DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES
OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY, WORKMANLIKE EFFORT, OR FITNESS OR
SUITABILITY FOR A PARTICULAR PURPOSE (WHETHER OR NOT CMG KNOWS, HAS REASON TO KNOW,
HAS BEEN ADVISED, OR OTHERWISE IS IN FACT AWARE OF ANY SUCH PURPOSE), WHETHER ALLEGED
TO ARISE BY LAW, BY REASON OF CUSTOM OR USAGE IN THE TRADE, BY COURSE OF DEALING,
OR OTHERWISE. CMG DOES NOT MAKE ANY WARRANTY THAT THE CONTENT IN THE WEB SITE SATISFIES
GOVERNMENT REGULATIONS REQUIRING DISCLOSURE OF INFORMATION REGARDING FINANCIAL PRODUCTS
OR SERVICES. CMG DOES NOT GUARANTEE OR WARRANT THAT ANY FILE AVAILABLE FOR DOWNLOADING
FROM THE WEBSITE WILL BE FREE FROM INFECTION, VIRUSES, WORMS, TROJAN HORSES, OR
OTHER CODE THAT MANIFESTS CONTAMINATING OR DESTRUCTIVE PROPERTIES.
CONTENT IN THE WEB SITE IS DEVELOPED FOR USE IN THE UNITED STATES, AND CMG DOES
NOT MAKE ANY REPRESENTATION CONCERNING THE CONTENT WHEN USED IN ANY OTHER COUNTRY.
You may have additional consumer rights under your local laws that this Agreement
cannot change.
You acknowledge that the operation of the Web Site will not be error free in all
circumstances, that all defects in the Web Site may not be corrected, and that the
operation of the Web Site may be interrupted for periods of time by reason of defect
therein or by reason of fault on the part of CMG.
Section 11.
Limitations of Liability
CMG WILL NOT BE LIABLE TO YOU (NOR TO ANY PERSON CLAIMING RIGHTS DERIVED FROM YOUR
RIGHTS) FOR ANY DAMAGES OTHER THAN DIRECT DAMAGES (INCLUDING WITHOUT LIMITATION
INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES OF ANY KIND),
WHETHER ARISING IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, AND REGARDLESS
OF WHETHER CMG WAS ADVISED, HAD OTHER REASON TO KNOW, SHOULD HAVE ANTICIPATED, OR
IN FACT KNEW OF THE POSSIBILITY OF SUCH DAMAGES OR THAT DIRECT DAMAGES WOULD NOT
BE A SATISFACTORY REMEDY. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF
INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THESE LIMITATIONS OR EXCLUSIONS MAY NOT
APPLY TO YOU.
THESE LIMITATIONS APPLY EVEN IF THE REMEDY AVAILABLE TO YOU DOES NOT FULLY COMPENSATE
YOU FOR YOUR LOSS OR FAILS OF ITS ESSENTIAL PURPOSE. THE PROVISIONS OF THIS SECTION
ARE INDEPENDENT OF, SEVERABLE FROM, AND TO BE ENFORCED INDEPENDENTLY OF ANY OTHER
ENFORCEABLE OR UNENFORCEABLE PROVISION OF THIS AGREEMENT.
Section 12.
General Legal Provisions
This Agreement is the entire agreement between you and CMG related to the Web Site,
replacing any prior or contemporaneous communications, agreements, and understandings
with respect to the subject matter hereof. If there is any conflict between this
agreement and a signed written agreement between you and CMG related to the Web
Site, the signed written agreement will control. The section titles in this agreement
do not limit the other terms of this Agreement.
If for any reason a court of competent jurisdiction finds any provision of this
Agreement, or a portion thereof, to be unenforceable, that provision shall be enforced
to the maximum extent permissible so as to affect the intent of this Agreement and
the remainder of this Agreement shall continue in full force and effect.
This Agreement is governed by Tennessee law, excluding Tennessee 's choice-of-law
rules. THE EXCLUSIVE VENUE FOR ANY DISPUTE RELATING TO THIS AGREEMENT IS THE FEDERAL
OR STATE COURTS SITTING IN NASHVILLE, TENNESSEE. YOU AND CMG CONSENT TO THE PERSONAL
JURISDICTION OF THESE COURTS. A printed version of these Terms of Use shall be admissible
in judicial or administrative proceedings. Nothing in this agreement limits either
party's ability to seek equitable relief. CMG shall be entitled to reasonable attorneys’
fees and costs in connection with enforcing any provision of this Agreement.
Any claim related to this Agreement or the Web Site may not be brought unless brought
within the one-year period beginning on the date when the claim first could be filed.
If it is not filed, then that claim is permanently barred. This applies to you and
your successors as well as to CMG and its successors and assigns. You may notify
us by mail at Attn: Legal Department, 1016 Collier Center Way, Suite 100, Naples,
Florida 34110. We do not accept e-mail notices. Failure to enforce any provision
will not constitute a waiver of that provision. If any provision is found unenforceable,
it and any related provisions will be interpreted to best accomplish the unenforceable
provision's essential purpose, and the rest of this agreement will not change.
Nothing in this agreement creates an agency, partnership, or joint venture. There
are no other third party beneficiaries to this agreement.
CMG may assign this Agreement, in whole or in part, at any time with or without
notice to you. You may not transfer to anyone else, either temporarily or permanently,
any rights to use the Web Site or any part of Web Site except as otherwise expressly
provided in this agreement.