Online Terms of Use

 

TERMS AND CONDITIONS OF USE

We created the Woodmen of the World Life Insurance Society and/or Omaha Woodmen Life Insurance Society ("Woodmen") Internet Site (referred to as the "Site") for the convenience of our customers. By accessing the Site, you agree to all terms, conditions, and notices contained or referenced herein (the "Terms of Use"). If you do not agree to these Terms of Use, please do not use the Site. Woodmen reserves the right, at its discretion, to update or revise these Terms of Use. The amended version will be effective at the time Woodmen posts it. We will provide you with notice of Substantial Changes to the Terms of Use on the homepage of the Site. Your continued use of the Site following the posting of any changes to these Terms of Use constitutes your acceptance of those changes. No revision or update will apply to a dispute of which Woodmen had actual notice on the date Woodmen posts the amended version.

AGREEMENT TO RULES OF USER CONDUCT

You agree to abide by Woodmen Rules of User Conduct, including, but not limited to, agreeing not to use the Site for any unlawful purpose. A copy of the Rules of User Conduct, which you should review can be found below.

THIRD-PARTY SITES

The Site may produce automated search results or otherwise link you to other websites on the Internet. These websites may contain information or material that some people may find inappropriate or offensive. These other websites are not under the control of Woodmen, and you acknowledge that Woodmen is not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such websites. The inclusion of such a link does not imply endorsement of the website by Woodmen or any association with its operators.

PROPRIETARY RIGHTS

You acknowledge and agree that all content and materials available on the Site are protected by copyrights, trademarks, service marks, patents, trade secrets, or other proprietary rights and laws. Except as expressly authorized by Woodmen, you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works from such materials or content. Notwithstanding the above, you may print or download one copy of the materials or content on the Site on any single computer for your personal, non-commercial use, provided you keep intact all copyright and other proprietary notices. Systematic retrieval of data or other content from the Site to create or compile, directly or indirectly, a collection, compilation, database or directory without written permission from Woodmen is prohibited. In addition, use of the content or materials for any purpose not expressly permitted in these Terms of Use is prohibited.
Reproduction, copying, or redistribution for commercial purposes of any materials or design elements on the Site is strictly prohibited without the express written permission of Woodmen. Permission is granted only when certain limited criteria are met. For information on requesting such permission, please contact: Web Developer at wow@woodmen.org.

DISCLAIMER OF WARRANTIES

THE SITE AND ALL MATERIALS, INFORMATION, SOFTWARE, DOCUMENTATION, PRODUCTS, AND SERVICES INCLUDED ON OR AVAILABLE THROUGH THE SITE OR USED TO ACCESS, EXPLORE OR OTHERWISE USE THE SITE (COLLECTIVELY, THE "CONTENT"), ARE PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE. THE SITE AND THE CONTENT ARE PROVIDED WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. WOODMEN, ITS SUBSIDIARIES, AND ITS LICENSORS DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THE SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE CONTENT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOUR USE OF THE SITE IS SOLELY AT YOUR RISK. BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES, THESE EXCLUSIONS MAY NOT APPLY TO YOU.

LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES SHALL WOODMEN, ITS SUBSIDIARIES, ITS LICENSORS , OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THE SITE. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF WOODMEN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LIABILITY. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, WOODMEN’S LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.

COPYRIGHT

The entire content (including text and "look and feel" attributes) of the Site is copyrighted © 2014 by Woodmen of the World Life Insurance Society and/or Omaha Woodmen Life Insurance Society. All rights reserved. Any use of such content requires the written permission of Woodmen of the World Life Insurance Society and/or Omaha Woodmen Life Insurance Society . All rights reserved.

VIRUSES

Because of the marked increase in the fabrication and proliferation of computer viruses affecting the Internet, we want to warn you about infections or viral contamination on your system. It is your responsibility to scan any and all downloaded materials received from the Internet. Woodmen is not responsible or liable for any damage caused by such hazards.

SECURITY AND EMAIL

Be aware that Internet and email communications are inherently not confidential. It is possible that information transmitted to or from Woodmen may be read or obtained by other parties.
Woodmen uses up to 128-bit encryption (data scrambling) on certain portions of the Site but no encryption on other portions of the Site. When you are on any web site that asks you for confidential information (your social security number or a bank or credit card account number, for example), you should verify the identity of the requesting website and check to see if the information being transmitted is encrypted in order to increase the security of your information.
We welcome your email correspondence, but if you need to send confidential information and are concerned about its security, please consider sending it by phone or regular mail.

INDEMNIFICATION

You agree to defend, indemnify, and hold harmless Woodmen, its licensors, and its subsidiaries, and other affiliated companies, and all of their employees, contractors, officers, and directors from any and all liabilities, claims, losses, and expenses, including attorney’s fees, that arise from your use or misuse of the Site. Woodmen reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with Woodmen in asserting any available defenses.

CONTENT

Any statement made on the Site via a newsgroup, message board, email, forum, conference, chat, or other interactive component of the Site reflects only the views of its author. Forum managers, forum hosts, merchants, and other authors whose statements appear on the Site are not authorized spokespersons of Woodmen, and their views do not necessarily reflect those of Woodmen.

LICENSES AND IDEA SUBMISSIONS

You agree to grant to Woodmen a non-exclusive, worldwide, royalty-free, perpetual license, with the right to sublicense, reproduce, distribute, transmit, create derivative works of, publicly display and publicly perform any materials and other information (including, without limitation, ideas contained therein for new or improved products or services) you submit to public areas of Woodmen (such as electronic bulletin boards, forums and chat rooms) by any means and in any media now known or hereafter developed. You hereby waive your moral rights in any such materials and information, and you hereby warrant that any such materials and information are original with you, or that you have the right to submit such materials and information. You agree that you shall have no recourse against Woodmen for any alleged or actual infringement or misappropriation of any proprietary right in any information contained in your communication to Woodmen or the Site.

THIRD PARTY RIGHTS

The provisions of these Terms of Use are for the benefit of Woodmen and its subsidiaries, and all of their officers, directors, employees, agents, licensors, suppliers, and information providers. Each of these individuals and entities shall have the right to assert and enforce those provisions directly against you on its own behalf.

INTERNATIONAL USE

Woodmen makes no representation that materials on the Site are appropriate or available for use in locations outside the United States, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access the Site from locations outside of the United States do so on their own initiative and are responsible for compliance with applicable laws.

LIMITED LICENSE

Woodmen grants, subject to these Terms of Use, only a limited, non-transferable and non-exclusive license to use the software and documentation that is proprietary to and made accessible by Woodmen and that is necessary to access, explore and otherwise use the Site in real time and to use the materials on the Site in a manner consistent with these Terms of Use.

ELECTRONIC MEANS

You and Woodmen desire to facilitate certain transactions pursuant to these Terms of Use by exchanging documents, records and/or signatures electronically or by utilizing electronic agents. The use of electronic facilities or agents shall be in accordance with procedures established by Woodmen and governed by the applicable provisions of the Uniform Electronic Transactions Act as adopted by the State of Nebraska.

CHOICE OF LAW AND FORUM

These Terms of Use shall be governed by and construed in accordance with the laws of the State of Nebraska, without regard to its conflict of law principles. You expressly agree that any cause of action or litigation arising out of or relating to these Terms of Use or your use of the Site shall be filed exclusively in a state or federal court located in Douglas County, Nebraska, and you further irrevocably consent to the exclusive jurisdiction of any state or federal court in Douglas County, Nebraska, for the purpose of litigating any such action.


SEVERABILITY AND INTEGRATION

Except as otherwise set forth herein, these Terms of Use constitute the entire agreement between you and Woodmen with respect to the subject matter hereof and supersede all prior and contemporaneous communications and proposals (whether oral, written, or electronic) between you and Woodmen with respect to the same. If any part of these Terms of Use is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of Woodmen, and the remaining portions shall remain in full force and effect.

NOTICES REGARDING SOFTWARE, DOCUMENTS AND SERVICES AVAILABLE ON THE SITE

IN NO EVENT SHALL WOODMEN AND/OR ITS RESPECTIVE SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF SOFTWARE, DOCUMENTS, OR INFORMATION, OR THE PROVISION OF OR FAILURE TO PROVIDE SERVICES.

NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT

We take protection of copyrights very seriously. Pursuant to Title 17, United States Code, Section 512(c), notifications of claimed copyright infringement should be sent in writing to Woodmen's designated agent whose contact information appears directly below:

Matthew Ellis
Vice President and General Counsel
Woodmen of the World Life Insurance Society and/or
Omaha Woodmen Life Insurance Society
1700 Farnam Street
Omaha, NE 68102
Email: Legal_Mailbox@woodmen.org
Phone: 402-271-7223
Fax: 402-341-0656
Inquiries not relevant to claims of copyright infringement will not receive a response.

TERMINATION

Woodmen reserves the right, in its sole discretion, to terminate your access to all or part of the Site, with or without notice.

HEADINGS

The section and paragraph headings used in these Terms and Conditions are provided for the purpose of reference only and shall have no effect on the interpretation of these Terms of Use.

RULES OF USER CONDUCT

By posting information in or otherwise using any communications service, chat room, message board, newsgroup, software library, or other interactive service that may be available to you on or through the Site, you agree that you will not upload, post, or otherwise distribute or facilitate distribution of any content -- including text, communications, software, images, sounds, data, or other information – that:

  1. is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, tortious, contains explicit or graphic descriptions or accounts of sexual acts (including, but not limited to, sexual language of a violent or threatening nature directed at another individual or group of individuals), or otherwise
  2. victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
  3. infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party;
  4. constitutes unauthorized or unsolicited advertising, junk or bulk email (also known as "spamming"), chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling;
  5. contains software viruses or any other computer code, files, or programs that are designed or intended to disrupt, damage, or limit the functioning of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of any third party; or
  6. impersonates any person or entity, including any employee or representative of Woodmen.

You also agree that you will not harvest, collect, or compile information about the users or members of the Site or use such information for the purpose of transmitting or facilitating transmission of unsolicited bulk electronic e-mail or communications.
Woodmen generally does not pre-screen, monitor, or edit the content posted by users of communications services, chat rooms, message boards, newsgroups, software libraries, or other interactive services that may be available on or through the Site. However, Woodmen and its agents have the right, at their sole discretion, to remove any content that, in Woodmen's judgment, does not comply with the Rules of User Conduct or is otherwise harmful, objectionable, or inaccurate. Woodmen is not responsible for any failure or delay in removing such content.

WHO WE ARE

Woodmen of the World Life Insurance Society and/or Omaha Woodmen Life Insurance Society (NAIC #57320) is a Nebraska corporation licensed to sell life and health insurance, and annuity products under the name of Woodmen of the World Life Insurance Society in all states and the District of Columbia, except California, Colorado, Idaho, Montana, Nevada, Oregon, Utah, Washington and Wyoming. In those states, Woodmen is licensed to sell life and health insurance and annuity products under the name of Omaha Woodmen Life Insurance Society. "Woodmen" means Omaha Woodmen Life Insurance Society for viewers accessing this web site in California, Colorado, Idaho, Montana, Nevada, Oregon, Utah, Washington and Wyoming; and "Woodmen" means Woodmen of the World Life Insurance Society for all viewers accessing this web site in all other states and the District of Columbia. Not all products are available in all states. Woodmen is a U.S. company serving U.S. residents.
Woodmen is an Equal Access fraternal benefit society. It is the policy of Woodmen to seek qualified members on a nondiscriminatory basis and to provide all members with equal access to and allow their participation in Woodmen's chapter system, chapter events, fraternal benefits and all other fraternal activities on a nondiscriminatory basis.

CONTACTING US

If you have any questions or concerns about these Terms of Use, please contact us at:

Email: Legal_Mailbox@woodmen.org

Mail: Matthew Ellis
Woodmen of the World Life Insurance Society and/or
Omaha Woodmen Life Insurance Society
1700 Farnam Street
Omaha, NE 68102