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Home : Terms of Use
TERMS OF USE OF TRANSAMERICA.COM ("SITE")
IMPORTANT! THESE TERMS OF USE GOVERN YOUR USE OF THIS SITE. BY ACCESSING THIS SITE, YOU ARE INDICATING YOUR ACKNOWLEDGMENT AND ACCEPTANCE OF THESE TERMS OF USE. THESE TERMS OF USE ARE SUBJECT TO CHANGE, UPDATE AND/OR REVISION (COLLECTIVELY "CHANGE") BY TRANSAMERICA AT ANY TIME, IN ITS SOLE DISCRETION. YOUR USE OF THIS SITE AFTER ANY SUCH CHANGE IS IMPLEMENTED CONSTITUTES YOUR ACKNOWLEDGMENT AND ACCEPTANCE OF SUCH CHANGE. PLEASE CONSULT THESE TERMS OF USE REGULARLY.
Transamerica.com is subject to the Terms of Use of Transamerica Corporation. For purpose of these Terms of Use, the term "Transamerica" includes Transamerica Corporation and all of its affiliated and subsidiary companies, including without limitation Transamerica Financial Life Insurance Company, Transamerica Life Insurance Company and Transamerica Occidental Life Insurance Company. Transamerica may at any time revise these Terms of Use by updating the Site. You are bound by any such revisions and should therefore periodically visit this page to review the most current Terms of Use.
Access to This Site
To access this Site or some of the resources it has to offer, you may be asked to provide certain registration details or other information. It is a condition of your use of this Site that all the information you provide on this Site will be correct, current, and complete. If Transamerica believes the information you provide is not correct, current, or complete, Transamerica has the right to refuse you access to this Site or any of its resources, and to terminate or suspend your access at any time.
Restrictions on Use
You may use this Site for purposes expressly permitted by this Site. You may not use this Site for any other purpose, including any commercial purpose, without Transamerica's express prior written consent. For example, you may not (and may not authorize any other party to) (i) co brand this Site, or (ii) frame this Site, or (iii) hyper-link to this Site, without the express prior written permission of an authorized representative of Transamerica. For purposes of these Terms of Use, "co branding" means to display a name, logo, trademark, or other means of attribution or identification of any party in such a manner as is reasonably likely to give a user the impression that such other party has the right to display, publish, or distribute this Site or content accessible within this Site. You agree to cooperate with Transamerica in causing any unauthorized co-branding, framing or hyper-linking immediately to cease.
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Proprietary Information
The material and content accessible from this Site, and any other World Wide Web Site owned, operated, licensed, or controlled by Transamerica (the "Content") is the proprietary information of Transamerica or the party that provided the Content to Transamerica, and Transamerica or the party that provided the Content to Transamerica retains all right, title, and interest in the Content. Accordingly, the Content may not be copied, reproduced, distributed, republished, uploaded, posted, or transmitted in any way without the prior written consent of Transamerica, which may be withheld in its sole discretion, except that you may print out a copy of the Content solely for your personal use. In doing so, you may not remove or alter, or cause to be removed or altered, any copyright, trademark, trade name, service mark, or any other proprietary notice or legend appearing on any of the Content. Modification or use of the Content except as expressly provided in these Terms of Use violates Transamerica's intellectual property rights. Neither title nor intellectual property rights are transferred to you by access to this Site.
Hyper-Links
This Site may be hyper-linked to other sites which are not maintained by, or related to, Transamerica. Hyper-links to such sites are provided as a service to users and are not sponsored by or affiliated with this Site or Transamerica. Transamerica has not reviewed any or all of such sites and is not responsible for the content of those sites. Hyper-links are to be accessed at the user's own risk, and Transamerica makes no representations or warranties about the content, completeness or accuracy of these hyper-links or the sites hyper-linked to this Site. Transamerica is not responsible for any hyper-linked site's privacy policies or terms of use, and Transamerica takes no responsibility for such sites. A hyper-link to a service or site is not an endorsement of the service of the site, its content, or its sponsoring organization. Furthermore, Transamerica shall not be liable for any direct or indirect system damage or other problems you may incur as a result of linking to a Web site, including consequences arising from your accessing third-party technologies, sites information and/or programs.
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What Information is Collected by the Site
In general, you can visit the Site while remaining anonymous by not providing any personal Information. In some cases, non-personal Information may be automatically collected, such as your Internet browser, computer operating system, domain name of your Internet service provider, and/or the Web site from which you linked to our Site.
Personal Information about you (e.g., your name, address, telephone number, Social Security number, and/or e-mail address) will not be collected unless you provide it to us voluntarily. For example, Transamerica retains e-mail addresses of visitors who respond to the Site's e-mail forms, online forms, registration forms, and surveys and contest entries. Transamerica also retains information about the frequency of Site visits, length of time of each visit, and aggregate information on which Site page visitor's access.
If you choose not to provide personally identifiable information, we may not be able to respond to a request, or, an error message may be displayed on your browser.
For more information, view Transamerica's Privacy Policy.
Cookies
Transamerica sends all of its Site visitors "cookies," a small data file sent by the Site to your browser, which may then be stored on your hard drive. Transamerica's cookie enables the Site to recognize you if you have a Transamerica policy or contract, or have utilized certain Site features. In addition, the cookie may recall information so that you do not have to resubmit it, and also automatically updates Site information. If available, you may program your browser software to notify you of attempts to send cookies and/or you may decline to accept or delete them.
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Submissions
You hereby grant to Transamerica the royalty-free, perpetual, irrevocable, worldwide, non exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display all content, remarks, suggestions, ideas, graphics, or other information communicated to Transamerica through this Site (together, the "Submission"), and to incorporate any Submission in other works in any form, media, or technology now known or later developed. Transamerica will not be required to treat any Submission as confidential, and may use any Submission in its business (including without limitation, for products or advertising) without incurring any liability for royalties or any other consideration of any kind, and will not incur any liability as a result of any similarities that may appear in future Transamerica operations. Transamerica will treat any personal information that you submit through this Site in accordance with its Privacy Policy.
Disclaimer
You understand that Transamerica cannot and does not guarantee or warrant that files available for downloading from the Internet will be free of viruses, worms, Trojan horses or other code that may manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to this Site for the reconstruction of any lost data. Transamerica does not assume any responsibility or risk for your use of the Internet, nor does Transamerica assume any responsibility for any products or services or hypertext links to third parties or for any breach of security associated with your use of this Site or your transmission of sensitive information through the Site or any hyper-linked sites.
The Content is not necessarily complete and up-to-date and should not be used to replace any written reports, statements, or notices provided by Transamerica. Investors, borrowers, and other persons should use the Content in the same manner as any other educational medium and should not rely on the Content to the exclusion of their own professional judgment. Information obtained by using this Site is not exhaustive and does not cover all issues, topics, or facts that may be relevant to your goals. Account information available on this Site is not the official record of your account. Nothing on this Site should be construed as rendering tax, legal, investment, or accounting advice. All of the information in this Site, whether historical in nature or forward-looking, speaks only as of the date the information is posted on this Site, and Transamerica does not undertake any obligation to update such information after it is posted or to remove such information from this Site if it is not, or is no longer, accurate or complete.
YOUR USE OF THIS SITE IS AT YOUR OWN RISK. THE CONTENT IS PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED. TRANSAMERICA DISCLAIMS ALL WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. TRANSAMERICA DOES NOT WARRANT THAT THE FUNCTIONS OR CONTENT CONTAINED IN THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS, IF ANY, WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES, DISABLING DEVICES OR OTHER HARMFUL COMPONENTS. TRANSAMERICA DOES NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING USE, OR THE RESULT OF USE, OF THE CONTENT IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. THE CONTENT MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS, AND TRANSAMERICA MAY MAKE CHANGES OR IMPROVEMENTS AT ANY TIME. YOU, AND NOT TRANSAMERICA, ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION IN THE EVENT OF ANY LOSS OR DAMAGE ARISING FROM THE USE OF THIS SITE OR ITS CONTENT. TRANSAMERICA MAKES NO WARRANTIES THAT YOUR USE OF THE CONTENT WILL NOT INFRINGE THE RIGHTS OF OTHERS AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN SUCH CONTENT.
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Limitation on Liability
TRANSAMERICA, ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS WILL NOT BE LIABLE FOR ANY INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR OTHER DAMAGES, INCLUDING LOSS OF REVENUE OR INCOME, PAIN AND SUFFERING, EMOTIONAL DISTRESS, OR SIMILAR DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE CONTENT ON THE SITE, EVEN IF TRANSAMERICA OR A REPRESENTATIVE AUTHORIZED BY TRANSAMERICA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT WILL THE COLLECTIVE LIABILITY OF TRANSAMERICA AND ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS TO ANY PARTY (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED THE GREATER OF $100 OR THE AMOUNT YOU HAVE PAID TO TRANSAMERICAFOR THE APPLICABLE CONTENT OR SERVICE OUT OF WHICH LIABILITY AROSE.
Indemnity
You will indemnify and hold Transamerica, its subsidiaries, affiliates, licensors, content providers, service providers, employees, agents, officers, directors, and contractors (the "Indemnified Parties") harmless from any breach of these Terms of Use by you, including any use of Content other than as expressly authorized in these Terms of Use. You agree that the Indemnified Parties will have no liability in connection with any such breach or unauthorized use, and you agree to indemnify any and all resulting loss, damages, judgments, awards, costs, expenses, and attorneys' fees of the Indemnified Parties in connection therewith. You will also indemnify and hold the Indemnified Parties harmless from and against any claims brought by third parties arising out of your use of the information accessed from this Site.
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Trademarks, Service Marks, and Copyrights
"Transamerica," the Transamerica Pyramid building, and Transamerica Pyramid logo are federally registered trademarks of the Transamerica Corporation. Unless otherwise specifically noted, images, trademarks, service marks, logos, and icons displayed on the Site are the property of Transamerica or the party that provided the trademarks, service marks and logos to Transamerica, and may not be used without Transamerica's prior written consent. Transamerica and any party that provided trademarks, service marks, and logos to Transamerica retain all rights with respect to any of their respective trademarks, service marks, and logos appearing in this Site. Any unauthorized use of the images may violate copyright laws, trademark laws, privacy and publicity laws, and communications regulations and statutes.
Information You Provide
You may not post, send, submit, publish, or transmit in connection with this Site any material that:
- you do not have the right to post, including proprietary material of any third party;
- advocates illegal activity or discusses an intent to commit an illegal act;
- is vulgar, obscene, pornographic, or indecent;
- does not pertain directly to this Site;
- threatens or abuses others, libels, defames, invades privacy, stalks, is obscene, pornographic, racist, abusive, harassing, threatening or offensive;
- seeks to exploit or harm children by exposing them to inappropriate content, asking for personally identifiable details or otherwise;
- infringes any intellectual property or other right of any entity or person, including violating anyone's copyrights or trademarks or their rights of publicity;
- violates any law or may be considered to violate any law;
- impersonates or misrepresents your connection to any other entity or person or otherwise manipulates headers or identifiers to disguise the origin of the content;
- advertises any commercial endeavor (e.g., offering for sale products or services) or otherwise engages in any commercial activity (e.g., conducting raffles or contests, displaying sponsorship banners, and/or soliciting goods or services) except as may be specifically authorized on this Site;
- solicits funds, advertisers or sponsors;
- includes programs which contain viruses, worms and/or Trojan horses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications;
- disrupts the normal flow of dialogue, causes a screen to scroll faster than other users are able to type, or otherwise act in a way which affects the ability of other people to engage in real time activities via this Site;
- includes MP3 format files;
- amounts to a "pyramid" or similar scheme;
- disobeys any policy or regulations established from time to time regarding use of this Site or any networks connected to this Site; or
- contains hyper-links to other sites that contain content that falls within the descriptions set forth above.
Transamerica reserves the right to monitor use of this Site to determine compliance with these Terms of Use, as well the right to remove or refuse any information for any reason. Notwithstanding these rights, you remain solely responsible for the content of your submissions. You acknowledge and agree that neither Transamerica nor any third party that provides Content to Transamerica will assume or have any liability for any action or inaction by Transamerica or such third party with respect to any submission.
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Premium Rates
It is entirely possible that you may not qualify for some of the listed preferred life insurance premium rates. The premium rates are being provided for general information purposes only and are subject to Transamerica underwriting and other requirements. To obtain a more detailed and accurate plan for your personal situation, we recommend you contact an authorized Transamerica sales representative.
Calculator Data
If this Site contains an online calculator, the online calculator may contain data regarding retirement investing. Such information is provided for educational purposes only and does not constitute an endorsement or recommendation of any security or investment program, service or the suitability thereof for you. Transamerica does not offer legal or tax advice, and the information provided in the online calculators should not be so construed. Please consult your tax advisor for guidance regarding your particular situation.
We Are Not Providing Investment Advice, Soliciting Offers or Selling Products
The information contained on the Site does not constitute investment advice, and is not an offer to sell or a solicitation to buy any security or any insurance product. All insurance and/or securities transactions require signed agreements between Transamerica and its customers, and the terms of those agreements are binding on the parties. No other representation, whether made in person, online, electronically, in written, graphical, or verbal communication, may alter the terms of those agreements except that your use of the Site constitutes your agreement to the additional Terms of Use applicable to such use. By using the Site, you accept at your own risk that the Internet and online communications medium may not perform as intended. No security or other insurance product is offered or will be sold in any jurisdiction in which such offer or sale would be unlawful under the securities, insurance, or other laws of such jurisdiction. Some products may not be available in all jurisdictions. In addition, any prospectus information available on this Site is posted for informational purposes only.
This Site is controlled by us from our offices within the United States of America. Except as specifically stated, we make no representation that Content in this Site is appropriate or available for use in other jurisdictions. Access to this Site's Content from jurisdictions where such access is illegal is prohibited. If you choose to access this Site from other jurisdictions, you do so at your own risk. You are always responsible for your compliance with applicable laws. You may not use or export the materials in this Site in violation of U.S. export laws and regulations.
Transamerica and its affiliates and subsidiaries are not authorized to do business in every jurisdiction. Information that Transamerica publishes on this Site may contain references or cross-references to products, programs or services that are not available in your state or country. The products referred to on this Site may be offered and sold only to persons in the United States and its territories. Consult your local Transamerica representative for information regarding the products, programs and services which may be available to you.
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You Should Not Rely on the Stock Price Information on This Web Site
We do not generate the information regarding stock prices for this Site. We believe that the information on the Site is accurate, but we cannot guarantee or warrant the accuracy, completeness, or timeliness of the information. You should not rely on the stock price information for investment purposes. We are not liable for any loss or damages, whether direct, indirect, incidental, special, consequential, or exemplary, that may arise from reliance on the stock price information on this Site.
No Representation as to Suitability.
Transamerica makes no representation as to the financial or other suitability of any product described on this Site for any user. In order to evaluate whether a particular product is suitable for your financial needs, you should contact a competent financial advisor. The posting of any prospectus or any other information on this Site should not be interpreted as a recommendation or opinion that you should make any purchase or sale or participate in any transaction.
Violations of Rules and Regulations
Transamerica reserves the right to seek any remedy available at law or in equity for any violation of these Terms of Use, including the right to block access from a particular Internet address to this Site.
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Security
Passwords used for this Site (if any) are for individual use only. You will be responsible for the security of your password. Transamerica will be entitled to monitor your password and, at its discretion, require you to change it. If you use a password that Transamerica considers insecure, Transamerica will be entitled to require the password to be changed and/or terminate your account.
You are prohibited from using any services or facilities provided in connection with this Site to compromise security or tamper with system resources and/or accounts. The use or distribution of tools designed for compromising security (e.g., password guessing programs, cracking tools or network probing tools) is strictly prohibited. If you become involved in any violation of system security, Transamerica reserves the right to release your details to system administrators at other sites in order to assist them in resolving security incidents. Transamerica reserves the right to investigate suspected violations of these Terms of Use.
You agree that Transamerica shall not be responsible for damages or losses resulting from any breach of security caused by your failure to maintain the confidentiality of your password. If you permit access to your password by third parties, then you agree to defend, indemnify and hold Transamerica harmless against any liability, losses, damages or costs and expenses (including attorneys' fees) arising out of, or resulting from, such access and related use of this Site. Transamerica reserves the right to block access to this Site for any reason. You also agree to immediately notify Transamerica if you:
- Become aware of any loss or theft of your password, or
- Become aware of any unauthorized use of your password.
Finally you acknowledge and agree that you will not: (i) collect or store personal data about other users of this Site, or (ii) upload, e-mail or otherwise transmit any material that contains viruses or any other computer code, files or programs that might interrupt, limit or interfere with the functionality of any computer software, hardware, database or file, or communications equipment that is owned, leased or used by Transamerica.
For your protection, Transamerica may require the use of encryption technologies for certain types of communications conducted through this Site. This Site has adopted industry standard security measures in place to protect the loss, misuse and alteration of the information under our control. While we provide those technologies and use other reasonable precautions to protect confidential information and provide suitable security, we do not guarantee or warrant that information transmitted through the Internet is secure, or that such transmissions will be free from delay, interruption, interception or error. While there is no such thing as "perfect security" on the Internet, we will take all reasonable steps to insure the safety of your personal information.
Transamerica reserves the right to fully cooperate with any law enforcement authorities or court order requesting or directing Transamerica to disclose the identity of anyone posting any e-mail messages, or publishing or otherwise making available any materials that are believed to violate these Terms of Use.
BY ACCEPTING THIS AGREEMENT YOU WAIVE AND HOLD HARMLESS TRANSAMERICA FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY TRANSAMERICA DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER TRANSAMERICAOR LAW ENFORCEMENT AUTHORITIES.
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E-Mail
Certain portions of this Site may offer you the ability to e-mail a message to Transamerica. E-mail functionality, if any, is provided to you to facilitate communications between you and Transamerica. You agree, however, that you will not use e-mail to request, authorize or effect the purchase or sale of any securities or other product or service, to change your address or other account information, to change your User Codes, to transmit personal credit information (including credit card numbers), to send fund transfer instructions, or for any other financial transactions that require formal authorization in accordance with applicable law or Transamerica policies and procedures. Any such requests, orders, or instructions that you send to Transamerica by e-mail will not be accepted or processed by Transamerica. Transamerica shall have no liability for any loss or damage that arises from unaccepted e-mail requests, orders or instructions. Moreover, Transamerica shall have no liability for any loss or damage that results from interception and/or unauthorized use by third parties of any information you send by e-mail. For information regarding Transamerica's use of your e-mail address, please review our Internet Privacy Policy.
Children
This Site does not intend to market any Transamerica products or services to children. Transamerica does not knowingly gather or solicit data from children through this Site for marketing purposes.
Recommended Browser
For optimal performance, please use either at least Netscape Communicator 7.0 or Internet Explorer 5.5 when connecting to this Site.
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Miscellaneous
These Terms of Use will be governed and interpreted pursuant to the laws of the state of Iowa, United States of America, notwithstanding any principles of conflicts of law. You specifically consent to personal jurisdiction in Iowa in connection with any dispute between you and Transamerica arising out of these Terms of Use or pertaining to the subject matter hereof. The parties to these Terms of Use each agree that the exclusive venue for any dispute between the parties arising out of these Terms of Use or pertaining to the subject matter of these Terms of Use will be in the state and federal courts in Cedar Rapids, Iowa. If any part of these Terms of Use is unlawful, void or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions. These Terms of Use constitute the entire agreement among the parties relating to this subject matter. Notwithstanding the foregoing, any additional terms and conditions on this Site will govern the items to which they pertain. Transamerica may revise these Terms of Use at any time by updating this posting.
Effective as of March 18, 2005.
© 2005 Transamerica Corporation
EBM 399 0305
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