Terms and conditions of use for Symetra online

Terms and Conditions of Use for Symetra Online

Please read these Terms and Conditions of Use for Symetra Online ("Terms") carefully before accessing information through Symetra Online (the "Site"). These Terms are entered into between Symetra Life Insurance Company and First Symetra National Life Insurance Company of New York on behalf of itself and its affiliates (collectively, "Symetra") and any individual who or entity that accesses or uses the Site ("You", "Your", or "Yourself"). As a condition to accessing the Site, You agree to be bound by these Terms and Symetra’s Privacy Statement. Use of or access to the Site shall constitute Your acceptance of and agreement to be bound by these Terms and Privacy Statement policies. If You do not understand, agree and wish to be bound by these Terms and policies, do not access the Site.

The Site contains or may contain information, text, graphics and other material and data (collectively, "Content") formatted, organized and collected that are generally accessible to You, including connections to databases and interactive areas that You may or may not modify.

Access to and Interacting with the Site

To utilize the Site, You agree to provide accurate and current information about Yourself in all registration forms used in conjunction with the Site. It is a condition of Your use of the Site that all information You provide is correct, current and complete.

This Site is intended solely for users who are 18 years of age or older and it is a violation of these Terms for anyone under 18 to use the Site. You represent and warrant that You are age 18 or older and possess the legal authority to use the Site.

You are responsible for providing all hardware, software, telephone or other communications equipment and/or service to connect to the Internet and access the Site and are responsible for all Internet access charges, telephone charges, digital certification costs, or other fees or charges incurred in connecting to the Internet and accessing or interacting with the Site.

Symetra and/or its licensors or vendors may make changes in the Content of the Site at any time and from time to time.

Intellectual Property

All intellectual property and content on the Site is owned by Symetra or its licensors, which includes materials protected by copyright, trademark, or patent laws. All trademarks, logos, service marks and trade names are owned, registered and/or licensed by Symetra. All Content is protected under United States copyright and other laws and is the proprietary property of Symetra or its licensors, all rights reserved. Nothing in these Terms shall be interpreted as granting any license of intellectual property rights to You.

User Conduct

You agree to use the Site in a manner consistent with all laws and regulations and in accordance with these Terms. You represent and warrant that Your activities on the Site do not and will not violate these Terms, privacy or the rights of any third party, including infringing or misappropriating any third parties’ intellectual property and publicity rights, and that You are authorized to view information available on the Site.

You are solely responsible for the knowledge of and adherence to any and all laws, statutes, rules and regulations, pertaining to (i) Your access and use of the Site, including any interactive area, (ii) the use of any networks or other services connected to the Site, and (iii) the communications means by which You connect Your modem, computer, or other equipment to the Site.

By accessing the Site You agree that You will not:

• Restrict or inhibit any other user from using the Site and/or enjoying the interactive features;
• Post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, pornographic, profane, or indecent information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, national, or international law;
• Post or transmit any information, software, or other material which violates or infringes in the rights of others, including material which is an invasion of privacy or publicity rights or which is protected by copyright, trademark or other proprietary right, or derivative works with respect thereto, without first obtaining permission from the owner or right holder;
• Take any action on the Site designed to interfere, disrupt, damage, disable, overburden or limit the functionality of any software or hardware, telecommunications equipment or the Site, including posting viruses, programs or other code;
• Post or transmit or in any way exploit any information, software or other material for commercial purposes or which contains advertising;
• Use any data mining, robots, scraping or similar data gathering methods on the Site;
• Alter, damage or delete any Content or other communications that is not Your own Content or to otherwise interfere with the ability of others to access the Site;
• Attempt to use another user’s account, username or password;
• Claim a relationship with, to speak for or submit any Content on behalf of any other individual, business, association, institution or other organization for which You are not authorized to claim such a relationship;
• Violate any operating rule, policy or guideline of Your Internet access provider or online service;
• Participate in the unauthorized use or disclosure by any party of any information accessed for any purpose; or
• Claim illicit ownership rights to applications, code, or structural framework of any Symetra database or administrative system accessed from the Site.

Safeguard Your Username/Password

You are responsible for any actions that take place while accessing and using Your account. Keep Your username and password secure and do not allow anyone else to use Your user name and or password to access the Site. Symetra is not responsible for any loss that results from the unauthorized use of Your username and or password, with or without Your knowledge. You agree to notify Symetra immediately of any unauthorized access to or use of Your username or password or any other breach of security. You also agree to ensure that You log out, close the application and exit from Your account at the end of each session. You should use particular caution when accessing Your account from a public or shared computer so that others are not able to view, capture or record Your password or other personal or financial information.

Your Data and Privacy

Symetra manages and protects Your data and personal information in accordance with applicable laws and established company security standards and practices. Symetra’s Privacy Statement, which is incorporated into these Terms by reference, further describes the collection and use of Your data on this Site. You agree to Symetra's use of Your data and personal information in accordance with the Privacy Statement.

Termination

Your only right with respect to dissatisfaction with any policies, guidelines, or practices of Symetra or its licensors or vendors in operating the Site is for You to discontinue accessing the Site. You may discontinue Your use of the Site at any time by contacting Symetra.

Symetra is offering use of the Site to You to promote communication between You and Symetra. Symetra is not obligated to provide use of the Site to You and may terminate or restrict Your ability to access the Site for any or no reason, without notice, and without liability to You or anyone else.

Symetra may modify or discontinue the Site (or any part of the Site), for any or no reason, without notice, and without liability to You or anyone else. Symetra also reserves the right to block users from certain locations, countries, domains, IP addresses or device numbers and prevent access to or use of the Site.

In the event of termination of your policy or contract, You are no longer authorized to access the Site, including any interactive areas, and the restrictions imposed on You with respect to Content from the Site, as well as the disclaimers and limitations of liabilities set forth in these Terms and the Privacy Statement shall survive.

Security

The Site utilizes information security safeguards and protections. However, no system can perfectly guard against risks of intentional intrusion or inadvertent disclosure of information. Information will be transmitted over a medium that is beyond Symetra's control. YOU HEREBY EXPRESSLY ASSUME THE RISK OF ANY UNAUTHORIZED DISCLOSURE OR INTENTIONAL INTRUSION, OR OF ANY DELAY, FAILURE, INTERRUPTION, OR CORRUPTION OF DATA OR OTHER INFORMATION TRANSMITTED IN CONNECTION WITH THE USE OF THE SITE. If You do not understand and accept this risk and liability, You should not access and use this Site.

Warranty Disclaimer

All information on the Site is provided to You “as is” without any warranty of any kind, either express or implied, as to the accuracy or completeness of the Content contained on this Site. With respect to the Site and its Content, to the fullest extent permitted by law, Symetra disclaims all warranties, express, implied or statutory, including, but not limited to, implied warranties of title, quality, performance, merchantability, fitness for a particular purpose, accuracy, and non-infringement. Without limiting the foregoing, Symetra does not warrant that (i) the Site will meet Your specific requirements or desired results, (ii) the Site will be accessible, uninterrupted, error-free, timely or secure, that any defects will be corrected, or that the Site is free of viruses or anything else harmful, or (iii) the results and policy or contracts data obtained from the use of the Site will be accurate or reliable. Under no circumstances shall Symetra be liable to You for any decision made or action taken by You in reliance on the Content contained on this Site.

Limitation of Liability

To the fullest extent permitted by law, Symetra shall not be liable to You or anyone for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to damages for lost profits, goodwill, use, data or other intangible losses (regardless of whether Symetra has been advised of the possibility of such damages), however caused, whether based upon contract, negligence, strict liability in tort, warranty or any other legal theory, arising out of or related to (i) the use or the inability to use the Site; (ii) the Site Content, Your data, or the conduct of third parties; (iii) unauthorized access to or alteration of Your data or personal information; (iv) termination or downgrading of Your account or (v) any other matter relating to the Site. If Symetra is found to be liable to You for any damage or loss that is in any way connected with Your use of the Site, Symetra’s liability shall not exceed the greater of (A) the fees paid by You in order to access the Site, if any, or (B) One Hundred U.S. Dollars.

Indemnity

You agree to indemnify, defend, and hold harmless Symetra, its affiliates, officers, directors, employees, agents, and licensors from and against all losses, liabilities, costs (including without limitation attorneys’ fees), damages, judgments, claims, of every kind and nature, arising from or relating in any way to Your use of the Site, Your conduct in connection with the Site or Your violation of these Terms, any law or the rights of any third party.

Right to Modify

Symetra may revise these Terms or any other policy at any time and from time to time, and such revision shall be effective immediately following the posting of such revision on the Site. You agree to review these Terms and Symetra’s Privacy Statement periodically to be aware of such revisions. If any such revision is unacceptable to You, You must discontinue accessing and use of the Site. Your continued accessing and use of the Site following any such revision shall conclusively be deemed actual acceptance of all such revisions.

Miscellaneous

Jurisdiction; Law and Venue. The laws of the state of Washington, without regard to principles of conflict of laws, will govern these Terms and any dispute that might arise from the use of the Site. You expressly agree that that exclusive jurisdiction for any dispute related to the use of the Site resides in the courts of King County, Washington and You further agree and expressly consent to the exercise of personal jurisdiction in the courts of King County, Washington. Use of the Site is unauthorized in any jurisdiction that does not give effect to these Terms. A violation of any provision of these Terms by You may result in monetary, civil and/or criminal penalties.

Assignment. Symetra may assign its rights and duties under these Terms to any party at any time without notice to You. You may not sell, assign or otherwise transfer any of Your rights or obligations under these Terms to anyone.

Severability. If any provision of these Terms or any other policy is held invalid or unenforceable, that portion shall be construed in accordance with applicable law as nearly as possible to reflect the original intent of these Terms and the remaining portions will continue in full force and effect.

No Waiver. Symetra’s failure to insist upon or enforce strict performance of any provision of these Terms shall not be construed as a waiver of any provision or right.

Entire Agreement. These Terms and Symetra’s Privacy Statement comprise the entire agreement between Symetra and You concerning the subject matter hereof and supersedes any prior agreements with respect to the subject matter herein.