Welcome to the AFA Service Center mobile application (the "App"). The App is provided by American Fidelity Assurance Company (the "Company") as a service to the public and our customers. The following terms govern your use of the App (the "Agreement"). Note that your use of the App constitutes your unconditional agreement to follow and be bound by this Agreement. From time to time the Company may make available updates, modifications and new versions of the App, all of which shall form part of the “App” for the purposes of this Agreement. Your use of such updates, modifications and new versions of the App shall be subject to the version of this Agreement made available to you at the time you download them. You agree that execution of this Agreement may occur by your manifesting your acceptance of it when you downloaded the App, and that no signature on a paper copy of this Agreement is required in order to form a binding contract.
1. GRANT OF LICENSE
Subject to the terms and conditions of this Agreement, the Company hereby grants to you a personal, non-transferable and non-exclusive license to install and use the App on your mobile device for your personal, non-commercial use. You agree to fully determine on your own the usefulness of the App and any materials, including images, text, illustrations, designs, icons, photographs, programs, video clips and written and other materials that are part of or available through the App (collectively, the "Contents"). No right, title or interest in the App is transferred to you as a result of any such downloading. You may not reproduce (except as noted above), publish, re-publish, upload, post, re-post, 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 App or any related software. You shall not remove any copyright, trademark, proprietary rights, disclaimer or warning notice included on or embedded in any part of the App. Except as otherwise permitted by law, you shall not reverse engineer, decompile, or disassemble, the App. If you dispose of any media embodying the App, you will ensure that you have completely erased or otherwise destroyed any App stored on such media. The App and its Contents are the property of the Company or its suppliers and is protected by U.S. and international copyright laws. The App is licensed to you, not sold, and the Company transfers no ownership interest in the App, in the intellectual property in any App or in any App copy, to you under this Agreement or otherwise. All rights not expressly granted to you are reserved, and any other use, including the reproduction, modification, distribution, transmission, republication, display, or performance, of the App is strictly prohibited.
3. COPYRIGHTS and TRADEMARKS
Unless otherwise noted, the App and all Contents are covered by copyrights, trademarks, trade and/or other intellectual property rights 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 Company logo, "afadvantage(r)" and "afadvantage.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 or available through the App. References to any names, marks, products or services of third parties or 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.
You are prohibited from violating or attempting to violate the security of the App, including, without limitation, (a) accessing data not intended for you, (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 App, 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 to use this App in a manner that inhibits or restricts other users from enjoying the same. You agree not to 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 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 App.
5. USER COMMENTS, FEEDBACK, AND OTHER SUBMISSIONS
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 App.
THIS APP AND ANY AND ALL CONTENTS AND INFORMATION PROVIDED HEREIN OR IN ANY WEBSITES OR SOFTWARE APPLICATIONS 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 APP OR THE INFORMATION, CONTENTS, MATERIALS, OR PRODUCTS INCLUDED ON THIS APP. 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 APP WILL BE UNINTERRUPTED OR ERROR FREE OR FREE OF DISABLING DEVICES (AS HEREINAFTER DEFINED), THAT DEFECTS WILL BE CORRECTED, OR THAT THIS WEB APP IS FREE FROM VIRUSES, TIMEBOMBS, WORMS, TROJAN HORSES OR OTHER HARMFUL COMPONENTS WHICH MAY PREVENT USERS FROM USING THE APP OR ANY OTHER ITEM OF HARDWARE OR SOFTWARE OR MAY ERASE, SCRAMBLE, LOCK OR DISABLE ANY COMPUTER SOFTWARE, EQUIPMENT OR DEVICE. 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 APP DOES NOT AFFECT THAT PURCHASE IN ANY MANNER. WITHOUT LIMITING THE FOREGOING, YOU ACKNOWLEDGE, BY YOUR USE OF THE APP, THAT YOUR USE OF THE APP 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.
9. 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.
10. 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 APP, CONTENTS OR ANY OTHER RELATED SOFTWARE, 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 APP DURING THE MONTH PRECEDING THE DATE ON WHICH THE CLAIM AROSE.
11. EXPORT CONTROLS.
The App is subject to United States export controls, The App may not 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 Denial Orders. By downloading or using the App, 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 offers the App for download 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 App are appropriate or available for use in other locations. If you choose to download and access this App 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.
13. 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 not be modified nor compliance with any provision waived except in writing signed by both parties. 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 App must be brought in the state or federal courts of Oklahoma.
© Copyright 2012 American Fidelity Assurance Company. All rights reserved.