Terms & Conditions

 

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Welcome to GiftofLoveInsurance.com. Please read these Terms of Use (“Site Terms”) carefully before you start to use any of the products, services, content, and applications made available by or through giftofloveinsurance.com (collectively “Our Website”). By using Our Website, you accept and agree to be bound and abide by these Site Terms and by our Privacy Policy, which is incorporated by reference into these Site Terms. Our Website is owned and operated by Martha J. Wichman, licensed insurance producer. These Terms set forth the terms and conditions which you may use Our Website and services as offered by us. Our Website offers visitors access to instant life insurance quoting and application services, as well as requests for life insurance, long term healthcare insurance, and disability income insurance estimates. By accessing or using Our Website for our service you approve that you have read, understood, and agree to be bound by these Terms.

 

In order to use Our Website and/or receive our services, you must be at least 18 years of age, or of the legal age of majority in your jurisdiction, and possess the legal authority, right and freedom to enter into these Terms as a binding agreement. You are not allowed to use Our Website and/or receive services if doing so is prohibited in your country or under any law or regulation applicable to you.

 

When seeking a life insurance, long term healthcare, or disability income insurance estimate, or applying for such on Our Website, you agree and understand that: (i) The prices for life insurance, long term healthcare insurance, and disability income insurance are provided by the respective insurance carriers we  may or may not work with; and (ii) Estimates are provided for illustration purposes only; and (iii) That prospective insurance is subject to underwriting and estimates available are therefore an estimate only.

 

We may, without prior notice, change the services; stop providing the services or any features of the services we offer; or create limits for the services. We may permanently or temporarily terminate or suspend access to the services without notice and liability for any reason, or for no reason.

 

The Service and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music and all Intellectual Property Rights related thereto, are the exclusive property of the owner of Our Website. Except as explicitly provided herein, nothing in these Terms shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works thereof.

 

You recognize and agree that by providing information, including but not limited to personal information such as your name, birthdate, gender, health status, height and weight, financial and medical information,  family information, trust, estate planning, or business information, through any means to Our Website, you confirm that you are of legal age to do so and agree and consent to providing this information to us for purposes of obtaining insurance estimates and insurance policies.

 

We may permanently or temporarily terminate or suspend your access to the service without notice and liability for any reason, including if in our sole determination you violate any provision of these Terms or any applicable law or regulations. You may discontinue use and request to cancel your account and/or any services at any time. 

 

You agree to indemnify and hold the owner of Our Website harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees) made against them by any third party due to, or arising out of, or in connection with your use of Our Website or any of the services offered on Our Website.

 

To the maximum extent permitted by applicable law, the owner of Our Website assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies of content; (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to or use of our service; and (iii) any unauthorized access to or use of our secure servers and/or any and all personal information stored therein.

 

We May Discontinue or Suspend Our Website or Terminate Your Use: We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, Our Website (or any part thereof) with or without notice. You agree that We shall not be liable to you or any third party for any such modification, suspension or discontinuance of Our Website or if for any reason all or any part of Our Website is unavailable at any time or for any period. In addition, we reserve the right to terminate your access to Our Website for any reason, and to take any other actions that We, in Our sole discretion, believe to be in the interest of Our company and of Our users as a whole with respect to access and use of Our Website. We reserve the right to modify these terms from time to time at our sole discretion. Therefore, you should review them periodically. When we change the Terms in a material manner, we will notify you that material changes have been made to the Terms. Your continued use of Our Website or our service after any such change constitutes acceptance of the new Terms. If you do not agree to any of these terms or any future version of the Terms, do not use or access (or continue to access) Our Website or the service.

 

You agree to receive from time to time promotional messages and materials from us, by mail, email, or any other contact form you may provide us with (including your phone number for calls or text messages). If you do not wish to receive such promotional materials or notices - please just notify us at any time.

 

You may use Our Website only for lawful purposes and in accordance with these Site Terms. You agree not to use Our Website:

1. In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).

2. For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise.

3. To transmit, or procure the sending of, any advertising or promotional material without Our prior written consent, or any “junk mail”, “chain letter” or “spam.”

4. To impersonate or attempt to impersonate Us, any of Our employees or other service providers, another user or any other person or entity (including, without limitation, by using e-mail addresses or screen names associated with any of the foregoing).

5. To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of Our Website, or which, as determined by us, may harm the Us or users of Our Website or expose them to liability.

Additionally, you agree not to:

1. Use Our Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the site, including their ability to engage in real time activities through Our Website.

2. Use any robot, spider or other automatic device, process or means to access Our Website for any purpose, including monitoring or copying any of the material on Our Website.

3. Use any manual process to monitor or copy any of the material on Our Website or for any other unauthorized purpose without Our prior written consent.

4. Use any device, software or routine that interferes with the proper working of Our Website.

5. Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.

6. Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of Our Website, the server on which Our Website is stored, or any server, computer or database connected to Our Website.

7. Attack Our Website via a denial-of-service attack or a distributed denial-of-service attack.

8. Otherwise attempt to interfere with the proper working of Our Website.

9. We Have All Rights In Our Website and Content; You Grant Us Certain Rights When You Submit Content to Us :

(a) Our Website (including all text, photographs, graphics, video and audio content contained on Our Website) is protected by copyright as a collective work or compilation under the copyright laws of the United States and other countries, and we (subject to the rights of Our licensors and licensees under applicable agreements, understandings and arrangements) have all rights therein. All individual articles, blogs, videos, content and other elements comprising Our Website are also copyrighted works, and we (subject to the rights of Our licensors and licensees under applicable agreements, understandings and arrangements) own or have all rights therein. You must abide by all additional copyright notices or restrictions contained on Our Website.

You must not:

1. Modify copies of any materials from Our Website.

2. Extract from Our Website any illustrations, photographs, video, audio, text or other elements, sequences or any graphics for use separately from Our Website or for incorporation into other content, in whole or in part.

3. Delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from Our Website.

If you print, copy, modify, download or otherwise use or provide any other person with access to any part of Our Website in breach of these Site Terms, your right to use Our Website will cease immediately and you must, at Our option, return or destroy any copies of the materials you have made. No right, title or interest in or to Our Website or any content on Our Website is transferred to you, and all rights not expressly granted are reserved by Us. Any use of Our Website not expressly permitted by these Site Terms is a breach of these Site Terms and may violate copyright, trademark and other laws.

Our name and logo and all related names, logos, product and service names, designs and slogans are trademarks of Gift of Love Insurance or its affiliates or licensors. You must not use such marks without Our prior written permission. All other names, logos, product and service names, designs and slogans on Our Website are the trademarks of their respective owners.

 

Your Use of Our Website is Subject to Certain Disclaimers: OUR WEBSITE IS AVAILABLE “AS IS.” WE DO NOT WARRANT THAT OUR WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE. THERE MAY BE DELAYS, OMISSIONS, INTERRUPTIONS AND INACCURACIES IN THE NEWS, INFORMATION OR OTHER MATERIALS AVAILABLE THROUGH OUR WEBSITE. WE DO NOT MAKE ANY WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THOSE OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO OUR WEBSITE OR ANY INFORMATION OR GOODS THAT ARE AVAILABLE OR ADVERTISED OR SOLD THROUGH OUR WEBSITE. WE DO NOT MAKE ANY REPRESENTATIONS, NOR DO WE ENDORSE THE ACCURACY, COMPLETENESS, TIMELINESS OR RELIABILITY OF ANY ADVICE, OPINION, STATEMENT OR OTHER MATERIAL OR DATABASE DISPLAYED, UPLOADED OR DISTRIBUTED ON OUR WEBSITE OR AVAILABLE THROUGH LINKS ON OUR WEBSITE. WE RESERVE THE RIGHT TO CORRECT ANY ERRORS OR OMISSIONS ON OUR WEBSITE. ALTHOUGH WE INTEND TO TAKE REASONABLE STEPS TO PREVENT THE INTRODUCTION OF VIRUSES, WORMS, “TROJAN HORSES” OR OTHER DESTRUCTIVE MATERIALS TO OUR WEBSITE, WE DO NOT GUARANTEE OR WARRANT THAT OUR WEBSITE OR MATERIALS THAT MAY BE DOWNLOADED FROM OUR WEBSITE DO NOT CONTAIN SUCH DESTRUCTIVE FEATURES. WE ARE NOT LIABLE FOR ANY DAMAGES OR HARM ATTRIBUTABLE TO SUCH FEATURES. IF YOU RELY ON OUR WEBSITE AND ANY MATERIALS AVAILABLE THROUGH OUR WEBSITE, YOU DO SO SOLELY AT YOUR OWN RISK.

OUR WEBSITE MAY CONTAIN VARIOUS COMBINATIONS OF TEXT, IMAGES, AUDIOVISUAL PRODUCTIONS, OPINIONS, STATEMENTS, FACTS, ARTICLES OR OTHER INFORMATION CREATED BY US OR BY THIRD-PARTIES. DUE TO THE NUMBER OF SOURCES FROM WHICH CONTENT ON OUR WEBSITE IS OBTAINED, AND THE INHERENT HAZARDS OF ELECTRONIC DISTRIBUTION, THERE MAY BE DELAYS, OMISSIONS OR INACCURACIES IN SUCH CONTENT. ACCORDINGLY, SUCH CONTENT IS FOR YOUR REFERENCE ONLY AND SHOULD NOT BE RELIED UPON BY YOU FOR ANY PURPOSE. INFORMATION CREATED BY THIRD PARTIES THAT YOU MAY ACCESS ON OUR WEBSITE OR THROUGH LINKS IS NOT ADOPTED OR ENDORSED BY US AND REMAINS THE RESPONSIBILITY OF SUCH THIRD PARTIES. WE MAKE NO REPRESENTATIONS THAT OUR WEBSITE OR ANY CONTENT WE PROVIDE WILL MEET YOUR REQUIREMENTS.

We are Not Responsible for Linked Sites: We are not responsible for the availability or content of other services that may be linked to from Our Website. Because We have no control over such services, you acknowledge and agree that we are not responsible for the availability of such external services, and that we do not endorse and are not responsible or liable for any content, accuracy, quality, advertising, products or other materials on or available from such services. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any content, goods or services available on or through such services.

We May be Legally Compelled to Disclose Certain Information: You agree that in the event we receive a subpoena issued by a court or from a law enforcement or government agency, we shall comply with such subpoenas without your consent or prior notice to you and may disclose your IP address, username, name, IP location or other information in response thereto.

Our Liability to You is Limited: Gift of Love Insurance and their respective members, directors, officers, managers, employees, shareholders, agents and licensors are not liable for incidental, indirect, consequential, special, punitive, or exemplary damages of any kind, including, without limitation, lost revenues or profits, loss of business or loss of data, in any way related to Our Website or the Online estimates provided, or for any claim, loss or injury based on errors, omissions, interruptions or other inaccuracies in Our Website or the Online Courses (including, without limitation, as a result of breach of any warranty or other term of these Site Terms). Any claim against us shall be limited to the amount you paid, if any, for use of Our Website or the applicable Online Course. Some states do not allow the exclusion or limitation of liability of consequential or incidental damages, so the above exclusions may not apply to all users; in such states liability is limited to the fullest extent permitted by law.

You Will Transact with Us Electronically: You agree to transact with us electronically. This means that if you wish to transact or communicate with Us, you agree to do so by electronic means. You authorize us to send you important notices about Our Website and any pending transactions to an email address you provide to us. It is your duty to keep the email address you have provided to US up to date and to ensure that emails we send you are not filtered or stopped by spam filters or other types of email blocking functionalities.

You Are Responsible for Your Own Access: You are responsible for obtaining at your own expense all equipment and services needed to access and use Our Website and the Online Courses, including all devices, Internet browsers and Internet access. If you access Our Website, a Website application or an Online Course through a mobile or wireless device, you are responsible for all fees that your carrier may charge you for data, text messaging and other wireless access or communications services.

You May Not Share Your Username and Password: In the event you are provided with a user name and password to access any part of Our Website, you agree not share, give or sell your password or username to any other person or entity and to take reasonable action to protect your password. Excessive viewings or logins by you may be construed by Us as fraudulent use of services, which will result in the immediate cancellation of your access to paid content without refund. You agree to (a) immediately notify us (by e-mail to  of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you log out from your account at the end of each session. We will not be liable for any loss or damage arising from your failure to comply with this paragraph. We reserve the right to cancel your access to any paid content if we believe your username and/or password has been compromised, or is being used fraudulently, at Our discretion.

We Do Not Target Children Under Age 13: Due to the nature of the Internet, we cannot prohibit minors from visiting Our Website, however, Our Website is not directed toward children under the age of 13 and we do not knowingly collect information from children under the age of 13 through Our Website. If you believe that a child has provided information to us through Our Website or the Online Courses, please contact us by email. We will use Our best efforts to remove all of the information provided by the child from Our system.

You Need to Bring any Action Against Us Within 6 months: You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to Our Website, your use of Our Website or these Site Terms must be filed within 6 months after such claim or cause of action arose or be forever barred.

You Must Abide by Applicable International Laws: Due to the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.

Any Dispute Between Us Will be Governed by Colorado Law: These Site Terms shall be governed by the laws of the United States and the State of Colorado, applicable to agreements made and to be performed therein without regard to conflict of laws principles. YOU IRREVOCABLY CONSENT AND WAIVE ALL OBJECTION TO PERSONAL JURISDICTION AND VENUE IN THE STATE AND FEDERAL COURTS LOCATED IN Weld County, Colorado AND YOU SHALL NOT COMMENCE OR PROSECUTE ANY SUIT OR ACTION EXCEPT IN THE FOREGOING COURTS. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts. No waiver of by Us of any term or condition set forth in these Site Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure by Us to assert a right or provision under these Site Terms shall not constitute a waiver of such right or provision. If any provision of these Site Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of these Site Terms will continue in full force and effect. These Site Terms and our Privacy Policy referred to herein constitute the sole and entire agreement between you and the owner of Our Website with respect to Our Website and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral.

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