Set forth below are the Terms and Conditions that govern your use of the www.chesapeakeins.com web site (the "Web Site"). These Terms and Conditions describe your rights and obligations with respect to the Web Site and should be read carefully. By logging onto this Web Site, you confirm that you have read these Terms and Conditions, and you agree to be bound by them.
The Chesapeake Life Insurance Company (the "Company") may amend these Terms and Conditions at any time by posting the amended version on this Web Site. The amended Terms and Conditions will automatically become effective 10 days after they are first posted on the Web Site. Your continued use of the Web Site will evidence your acceptance of the amended Terms and Conditions.
Eligibility to Use the Web Site
To be eligible to use the Web Site, you must be a licensed insurance agent; have a current, executed agreement in place with the Company and be appointed by the Company. An agent who is eligible to use the Web Site is referred to in these Terms and Conditions as a "Company Agent".
A Company Agent is authorized to use the Web Site only for his or her own use. A Company Agent may not allow a third party to have access to his or her Web Site password.
The Company reserves the right, in its discretion, to terminate your access to the Web Site at any time without notice, for any reason.
Use of the Web Site
As a Company Agent, you will be permitted to do the following on the Web Site:
search for information about Health Care Providers available to insureds (the "Customers") using the Company's provider database, and
obtain health care content made available on the Web Site or through links to other sites.
The Company reserves the right, in its discretion, to change or eliminate any of these uses of the Web Site at any time without notice, for any reason.
Information Regarding Company Plans
The information contained on the Web Site regarding Plans presents only general information and is not a complete description of Plans or the coverage and benefits available under such Plans. The specific coverage and benefits available under a Plan will be set forth in and subject to the insurance policy issued by the Company. This policy, and not the information contained on the Web Site, will form the legal agreement between the Company and the Customer. The Company and its parents, subsidiaries and affiliates do not endorse, recommend or otherwise provide advice regarding the appropriateness of a Plan for a particular individual.
Availability of Company Plans
The information contained on the Web Site regarding Plans is for informational purposes only and is not intended to constitute a solicitation or offer to sell insurance products or services. Plans are subject to applicable regulatory approvals and are not available in all areas of the country.
The Company's Role in Administering the Web Site
The Company is not an agent for Company Agents for any purpose.
You acknowledge that the Company is not engaged in solicitation or sales activities with respect to insurance products or services, or in the practice of medicine in any manner, by virtue of its operation of the Web Site.
The Web Site may not be used in any manner that would constitute price-fixing or any other anti-competitive act.
Indemnification
You agree to indemnify, defend and hold harmless the Company, its parents, subsidiaries, affiliates, officers, directors, employees and agents (collectively, the "Indemnified Parties") from and against all claims, losses, damages, liabilities and judgments, and all fees and expenses related thereto, (including, without limitation, reasonable legal fees) incurred by an Indemnified Party as a result of any violation by you of your agreements with us.
Disclaimer of Warranties
THE USE OF THE WEB SITE IS SOLELY AT YOUR OWN RISK. THE WEB SITE IS PROVIDED ON AN 'AS IS' AND 'AS AVAILABLE' BASIS. THE COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND WITH RESPECT TO THE WEB SITE, WHETHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. THE COMPANY MAKES NO WARRANTY THAT THE WEB SITE AND/OR ANY CONTENT THEREIN WILL MEET YOUR REQUIREMENTS, OR WILL BE UNINTERRUPTED, TIMELY, SECURE, CURRENT, ACCURATE, COMPLETE OR ERROR-FREE OR THAT THE RESULTS THAT MAY BE OBTAINED BY USE OF THE WEB SITE AND/OR ANY CONTENT THEREIN WILL BE ACCURATE OR RELIABLE. YOU UNDERSTAND AND ACKNOWLEDGE THAT YOUR SOLE AND EXCLUSIVE REMEDY WITH RESPECT TO ANY DEFECT IN OR DISSATISFACTION WITH THE WEB SITE IS TO CEASE USING THE WEB SITE.
Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE COMPANY SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA LOSS, OR OTHER LOSSES (EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) RESULTING FROM:
THE USE OR INABILITY TO USE THE WEB SITE,
THE COST OF PROCUREMENT OF ANY SUBSTITUTE PRODUCTS AND/OR SERVICES RESULTING FROM ANY PRODUCTS, DATA, INFORMATION OR SERVICES OBTAINED OR WHICH YOU WERE UNABLE TO OBTAIN OR TRANSACTIONS AFFECTED OR FAILED TO BE AFFECTED,
ANY LINK PROVIDED IN CONNECTION WITH THE WEB SITE, OR
ANY MATTER OTHERWISE RELATED TO YOUR USE OF THE WEB SITE.
Access to Health care Content
You understand that the health information content (the "Content") available on or through the Web Site has been provided to the Company by third parties such as Healthwise, Inc. Accordingly, you understand and acknowledge that the Company has obtained the right to provide you with access to this Content but has not screened or reviewed such Content and assumes no responsibility for it. The Company and Healthwise, Inc. expressly disclaim all responsibility or liability to you or any other person or entity for the accuracy or applicability of such Content to you. YOU ACKNOWLEDGE AND AGREE THAT YOU ASSUME ALL RISK ASSOCIATED WITH THE USE OF ANY AND ALL CONTENT. By using the Web Site, you agree to the Terms and Conditions of Use of Healthwise, Inc. (click here to view these Terms and Conditions). Healthwise, Inc. is a beneficiary of your agreement to be legally bound by these Terms and Conditions.
Prohibited Uses of Our Web Site
You agree that you will not use the Web Site in any of the following ways:
You will not use our Web Site to threaten, embarrass or harass any other person or entity or to engage in any kind of disruptive activities.
You shall not post or transmit, either directly or by links to other sites, any information, messages, text or other material that encourages, promotes or discusses illegal activity or that may give rise to civil or criminal liability or violation of federal, state, or local laws.
You will not post or transmit, either directly or by links to other sites, any information, messages, text or other materials that are, in the sole judgment of the Company, abusive, defamatory, vulgar, obscene, pornographic, hateful or racially, ethnically or in any other respect objectionable.
Except as specifically permitted by the Terms and Conditions of our Web Site, you will not use this Web Site to advertise, offer to buy or sell any goods or services or otherwise use our Web Site for commercial purposes.
You will not transmit any file or other materials that contains a virus, Trojan horse, worm, corrupted file or other harmful programs, files or programming routines.
You will not collect or attempt to collect information of any kind about other users of our Web Site.
Intellectual Property
You agree to review and abide by the Company's policies regarding intellectual property rights. (Click here to view these policies).
Use of Interactive Functionalities
Any interactive functionality that may be available on this Web Site is provided merely as a forum for the users of the Web Site to express their opinions concerning the Web Site and the information contained herein. All postings are not under the control of the Company and are not information or opinions of the Company. The Company does not endorse, approve, or certify such information, nor does it guarantee the accuracy, completeness, efficacy, timeliness, or correctness of such postings. Use of any posting is voluntary, at your own risk and reliance on it should only be undertaken after an independent review. Reference in these sections to any specific Health Professional, facility, service, organization, or web site does not constitute or imply endorsement, recommendation or favoring by the Company. The Company is not responsible for and expressly disclaims all liability for, damages of any kind arising out of use, reference to, or reliance on any information found on this Web Site. The Company makes no guarantees or warranties, including but not limited to any express or implied warranties of merchantability or fitness for a particular use or purpose.
Portions of this Web Site may be interactive, and it is the policy of the Company to respond expeditiously to claims of intellectual property infringement. The Company will promptly process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act ("DMCA") and other applicable intellectual property laws. Upon receipt of notices complying or substantially complying with the DMCA, the Company will act expeditiously to remove or disable access to any material claimed to be infringing. The Company will terminate access to users who are repeat infringers.
If you believe that a copyrighted work is accessible on this Web Site in a way that constitutes copyright infringement, you may notify us by providing us with 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 is infringed;
a description of where the material that you claim is infringing is located on the Web Site;
your address, telephone number, and e-mail address;
authorization 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; and
any other information that may be required by the DMCA, as Congress may amend from time to time.
Notices of claimed infringement should be directed to The Chesapeake Life Insurance Company, Attn: Legal Department, 9151 Boulevard 26, North Richland Hills, Texas 76180. Please put 'Notice of Infringement' in the subject line of all such notifications.
When the Company removes or disables access to any material claimed to be infringing, the Company may attempt to contact the user who has posted such material in order to give that user an opportunity to respond to the notification. Any and all counter notifications submitted by the user will be furnished to the complaining party. The Company will give the complaining party an opportunity to seek judicial relief in accordance with the DMCA before the Company replaces or restores access to any material as a result of any counter notification.
Jurisdictional and Other Matters
You are responsible for compliance with all local laws, if and to the extent your local laws are applicable. In addition, you and the Company and any of its parents, subsidiaries, affiliates, employees, contractors, agents, officers, or directors (collectively, the "Company Parties") agree that these Terms and Conditions and any actions arising from these Terms and Conditions or your use of the Web Site will be governed by the laws of the State of Texas, without respect to its conflict of laws provisions, and applicable federal laws and regulations, and that venue with respect to any dispute between you and the Company or Company Parties will rest exclusively in the state and federal courts located in the State of Texas.
You understand and agree that the Company may from time to time establish and revise practices and limitations concerning its Web Site and your use of it. You agree that the Company shall have no liability for the deletion or failure to store any messages and other communications or other content maintained on the Web Site or transmitted using the Web Site. These Terms and Conditions constitute the entire agreement between you and the Company with respect to the Web Site and govern your use of the Web Site. You also may be subject to additional terms and conditions that may apply when you use third party content or web sites available through the Web Site. If any provision of these Terms and Conditions is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect. The failure of the Company to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the Web Site or these Terms and Conditions must be filed within one year after such claim or cause of action arose. The Company may provide notice to you by e-mail or regular mail. The Company may also provide notice of changes to these Terms and Conditions at any time and from time to time by displaying notices to you on pages of the Web Site. The section titles of these Terms and Conditions are merely for convenience and will not have any effect on the substantive meaning of these Terms and Conditions.
Electronic Signatures and System Requirements
By logging onto this Web Site, you agree to all of the terms and conditions for use of the Web Site, and this shall be deemed to have the same binding effect as it would had you signed the same agreement on paper. If you would like a paper copy of this agreement, you may obtain one by requesting it in writing and sending your request to The Chesapeake Life Insurance Company, Attn: Compliance Advertising Department, 9151 Boulevard 26, North Richland Hills, Texas 76180.
For optimum use of the Web Site, you may need to utilize specific web browsers.
These Terms and Conditions do not modify any other contractual agreements in place between the Company and Company Agents.
