Terms of Use

LAST MODIFIED: November 5, 2018

ACCEPTANCE OF TERMS OF USE

These terms of use are entered into by and between You and Nassau Life Insurance Company, PHL Variable Insurance Company, and Nassau Life and Annuity Company (“Nassau Re”, “Company”, “we” or “us”). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively “Terms of Use”), govern your access to and use of this direct-to-consumer life insurance coverage portal (“the Website”), including any content, functionality, and services offered on or through the Website, whether as a guest or a registered user.

Please read the Terms of Use carefully before you start to use the Website. By clicking to accept the Terms of Use you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy incorporated herein by reference. If you do not want to agree to these Terms of Use or the Privacy Policy, you must not access the Website.

This Website is offered and available to users who are 18 years of age or older, and reside in the United States. By using this Website, you represent and warrant that you are of legal age to form a binding contract with the Company and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website.

CHANGES TO TERMS OF USE

Nassau Re reserves the right, in its sole discretion at any time, to change, modify, add to or delete portions of the Terms of Use. All changes are effective immediately when we post them, and apply to all access to and use of the Website thereafter. Your continuing use of this site following the posting of any such changes, modifications, additions or deletions shall constitute your acceptance of and assent to the same.

ACCESSING THE WEBSITE AND ACCOUNT SECURITY

We reserve the right to withdraw or amend this Website, and any service or material we provide on the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users, including registered users.

To access the Website or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Website that all the information you provide on the Website is correct, current, and complete. You agree that all information you provide to register with this Website or to use any interactive features on the Website, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

If you choose, or are provided with, a username, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You acknowledge that your account is personal to you and agree not to provide any other person access to this Website or portions of it using your username, password, or other security information. You agree to notify us 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 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 or record your password or other personal information.

We have the right to disable any username, password, or other identifier, whether chosen by you or provided by us, at any time if, in our opinion, you have violated any provision of these Terms of Use.  Should this right be exercised by us, you will be able to access your information by contacting a customer service representative at 1-800-628-1936.

INTELLECTUAL PROPERTY RIGHTS

The Website and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof), are owned by Nassau Re, its licensors, or other providers of such material.

You are allowed to use the Website for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the materials on our Website, except as follows:

• Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
• You may store files that are automatically cached by your Web browser for display enhancement purposes.
• You may print or download one copy of a reasonable number of pages of the Website for your own personal, non-commercial use and not for further reproduction, publication, or distribution.
• If we provide desktop, mobile or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.

 

You must not:

• Modify copies of any materials from this site.
• Use any illustrations, graphics, charts, video or audio separately from the accompanying text.
• Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site.

 

You must not access or use for any commercial purposes any part of the Website or any services or materials available through the Website.

If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Website in breach of the Terms of Use, your right to use the Website will stop 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 the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by Nassau Re. Any use of the Website not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.

TRADEMARK INFORMATION

The Nassau Re Marks, including, but not limited to, Nassau Reinsurance Group, The Phoenix Company's Inc., Phoenix, and the lighthouse design logo marks, are registered trademarks and service marks of Nassau Re. The Nassau Re Marks may not be displayed or otherwise used in any manner without the prior written consent of Nassau Re. All other trademarks not owned by Nassau Re that appear on this site are the property of their respective owners.

COPYRIGHT AND COPYRIGHT AGENTS

Nassau Re respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Nassau Re's Copyright Agent the following information:

• An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
• A description of the copyrighted work that you claim has been infringed;
• A description of where the material that you claim is infringing is located on the site;
• Your address, telephone number and email address;
• A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law;
• A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

Nassau Re's Copyright Agent for notice of claims of copyright infringement on its site is:
Compliance Officer
Nassau Re
One American Row
P.O. Box 5056
Hartford, CT 06102-5056

WHERE WE ARE AUTHORIZED TO CONDUCT BUSINESS

Not all Nassau Re subsidiaries are authorized to do business in every state. In addition, the products and services described on this Website may not be available in all states.

Insurance and annuities are issued by Nassau Life Insurance Company (East Greenbush, NY), Nassau Life and Annuity Company (Hartford, CT), and PHL Variable Insurance Company (PHLVIC) (Hartford, CT).

Nassau Life and Annuity Company is not authorized to conduct business in CA, GA, MA, ME, and MN.

PHLVIC is not authorized to conduct business in NY or ME.

The insurers referenced above are separate entities and each is responsible only for its own financial condition and contractual obligations.

Nassau Re® is a registered trademark by Nassau Reinsurance LLC.

OUR PRIVACY POLICY

Nassau Re is firmly committed to maintaining the privacy of all visitors to our site. For more information, see our Privacy Policy.

PROHIBITED USES

You may use the Website only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Website:

• In any way that violates 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).
• To transmit, or procure the sending of, any advertising or promotional material, without our prior written consent, including any “junk mail”, “chain letter”, “spam”, or any other similar solicitation.
• To impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity (including using email addresses associated with any of the forgoing).

 

Additionally, you agree not to:

• Use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Website, including their ability to engage in real time activities through the Website.
• Introduce any viruses, trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
• Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website or any server, computer, or database connected to the Website.

 

INTERNATIONAL VISITORS

Nassau Re websites and applications are hosted in the United States. If you are an international visitor, please be aware that by providing your personal information you are permitting the transfer of your personal information to the United States which may not have the same data protection laws as the country in which you reside.

LINKS TO OTHER WEBSITES

Nassau Re websites and applications may contain links to other websites or present content or features from other sites or third parties that we do not own or operate. This includes links from advertisers, sponsors and/or partners that may use our logo(s) as part of a co-branding or co-marketing agreement. We do not control, recommend or endorse these websites and are not responsible for the content, products or services on these websites. The inclusion of any link by us does not imply our endorsement and this policy does not apply to other websites. You must consult the privacy policy of each site you visit in order to determine what types of information are collected and how that information is used. You should also independently asses the authenticity of any website which appears or claims to be a Nassau Re website (including those linked to through an email or social networking page).

DISCLAIMER OF WARRANTIES

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. To the fullest extent provided by law, we will not be liable for any loss or damage caused by a virus or other technologically harmful material that may infect your computer equipment, computer programs, data, or other proprietary material due to your use of the Website or any services or items obtained through the Website or to your downloading of any material posted on it, or on any website linked to it.

Your use of the Website, its contents, and any services or items obtained through the Website, excluding life insurance coverage, is at your own risk. Neither the Company nor anyone associated with the Company represents or warrants that the Website is free of viruses or other harmful components.

To the fullest extent provided by law, the Company hereby disclaims all warranties of any kind, whether express or implied, statutory, or otherwise, including but not limited to any warranties of merchantability, non-infringement, and fitness for particular purpose.

The foregoing does not affect any warranties that cannot be excluded or limited under applicable law.

LIMITATION ON LIABILITY

To the fullest extent provided by law, in no event will the Company, its affiliates, or their licensors, vendors and service providers, and its and their respective officers, directors, employees, contractors, agents or their successors or assigns be liable for damages of any kind, under any legal theory arising out of or in connection with your use, or inability to use, the Website, any websites linked to it, any content on the Website or such other websites, including any direct, indirect, special, incidental, consequential, or punitive damages, including but not limited to, personal injury, pain and suffering, emotional distress, loss of revenue, loss of profits, loss of business or anticipated savings, loss of use, loss of goodwill, loss of data, and whether caused by tort (including negligence), breach of contract, or otherwise, even if foreseeable.

The foregoing does not affect any liability that cannot be excluded or limited under applicable law.

INDEMNIFICATION

You agree to defend, indemnify, and hold harmless the Company, its affiliates, licensors, vendors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use of the Website, including but not limited to, any use of the Website’s content, services, and products other than as expressly authorized in these Terms of Use or your use of any information obtained from the Website.

WAIVER AND SEVERABILITY

No waiver by the Company of any term or condition set out in these Terms of Use 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 of the Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

If any provision of these Terms of Use 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 the Terms of Use will continue in full force and effect.

ENTIRE AGREEMENT

The Terms of Use and our Privacy Policy constitute the sole and entire agreement between you and the Company regarding the Website and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Website.