This Internet Website Use Agreement (the "Agreement") is between you and New Horizons Insurance Company of Missouri (New Horizons) and Legacy Life Insurance Company of Missouri (Legacy Life) with a principal place of business at 701 South Country Club Drive, Jefferson City, MO 65101. New Horizons and Legacy Life own this website and operate it under the brand name Clever Insurance™. Use of this website (the "Clever Insurance Website") signifies your agreement to the terms and conditions of use set forth below in the Agreement.
You acknowledge that these terms and conditions of use govern your use of the Clever Insurance Website and that you accept the terms thereof and any subsequent changes. YOU AGREE TO READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS CLEVER INSURANCE WEBSITE AND TO CHECK BACK REGULARLY FOR ANY REVISIONS. If you do not agree to these terms and conditions of use, you may not access or otherwise use this Clever Insurance Website.
By visiting the Clever Insurance Website, you expressly consent to the collection and use by New Horizons and Legacy Life of personally identifiable information according to the terms of the Clever Insurance Website’s Privacy Protection Policy.
The Clever Insurance Website is protected by copyright as a collective work and/or compilation, pursuant to U.S. copyright laws, international conventions, and other copyright laws. The contents of the Clever Insurance Website are only for your personal, non-commercial use. All materials contained on the Clever Insurance Website are protected by copyright, and are owned or controlled by New Horizons and Legacy Life or the party credited as the provider of the Content. You will abide by any and all additional copyright notices, information, or restrictions contained in any content on the Clever Insurance Website. You may download and make copies of the content and other downloadable items displayed on this Clever Insurance Website for personal, noncommercial use only, provided that you maintain all copyright and other notices contained in such content. Copying or storing of any content for other than personal, noncommercial use is expressly prohibited without the prior written permission from New Horizons and Legacy Life or the copyright holder identified in the individual content's copyright notice.
New Horizons and Legacy Life may change, suspend or discontinue any aspect of the Clever Insurance Website at any time, including the availability of any Clever Insurance Website feature, database, or content. New Horizons and Legacy Life may also impose limits on certain features and services or restrict your access to parts or all of the Clever Insurance Website without notice or liability.
You represent, warrant and agree that:
You shall not upload, post or transmit to or distribute or otherwise publish through the Clever Insurance Website any materials which
are unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, offensive, pornographic, profane, sexually explicit or indecent,
restrict or inhibit any other user from using and enjoying the Clever Insurance Website,
contain a virus or other harmful component,
constitute or encourage conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate law,
contain any information, software or other material of a commercial nature,
violate, plagiarize or infringe the rights of third parties including, without limitation, copyright, trademark, patent, rights of privacy or publicity or any other proprietary right,
contain advertising of any kind, or
represent or contain false or misleading indications of origin or statements of fact; and that you are at least eighteen (18) years old.
New Horizons and Legacy Life reserves the right, at its sole discretion, to change, modify, add or remove any portion of this Agreement, in whole or in part, at any time. Notification of changes in the Agreement will be posted on the Clever Insurance Website and your continued use of the website after such notice of changes signifies your acceptance of the changes.
When you select a password and sign-up in order to access the Clever Insurance Website online account, you agree to the following conditions:
New Horizons and Legacy Life is authorized to act on instructions received under your password without any requirement to question those instructions,
New Horizons and Legacy Life is not liable for any unauthorized access to your personal information that is not directly due to the negligence of New Horizons and Legacy Life,
Your password contains sensitive information and you will keep it confidential and secret,
You will notify New Horizons and Legacy Life immediately if you believe anyone else has learned your password or if you believe an unauthorized access to the Clever Insurance Website or your personal information has occurred or may occur,
New Horizons and Legacy Life may deny access or block any transaction made under your password without prior notice if we believe your password is being used by someone other than you, or if any unauthorized access to your personal information has occurred or may occur, or for any other reason, but we are under no obligation to do so,
Violating the Terms and Conditions of Clever Insurance Website use may lead to a revocation of Clever Insurance Website access privileges.
You hereby agree to indemnify, defend and hold New Horizons and Legacy Life, and all its officers, directors, owners, agents, employees, information providers, affiliates, licensors and licensees (collectively, the "Indemnified Parties") harmless from and against any and all liability and costs incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of the Agreement or the foregoing representations, warranties and covenants, including, without limitation, attorneys' fees and costs. You shall cooperate as fully as reasonably required in the defense of any claim. New Horizons and Legacy Life reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you shall not in any event settle any matter without the written consent of New Horizons or Legacy Life.
The Clever Insurance Website contains links and pointers to other related World Wide Web Internet sites, resources, and sponsors of the Clever Insurance Website. Links to and from Clever Insurance Website to other third party sites, maintained by third parties, do not constitute an endorsement by New Horizons or Legacy Life or any of its subsidiaries or affiliates of any third party resources, or their contents. New Horizons and Legacy Life disclaims any and all responsibility for content contained in any third party materials provided through links from the Clever Insurance Website.
New Horizons and Legacy Life will use reasonable efforts to maintain the accuracy or reliability of any statement or other information displayed or distributed through the Clever Insurance Website. The information supplied on this website about our products is informational only. You acknowledge that any reliance upon any such statement or information shall be at your sole risk. New Horizons and Legacy Life reserves the right, in its sole discretion, to correct any errors or omissions in any portion of the Clever Insurance Website. Coverage is controlled by the policy purchased, and the particular facts of each situation. To obtain coverage you must submit an application to New Horizons and Legacy Life. All applications are subject to underwriting approval.
THE CLEVER INSURANCE WEBSITE, INCLUDING ALL CONTENT, SOFTWARE, FUNCTIONS, MATERIALS AND INFORMATION MADE AVAILABLE ON OR ACCESSED THROUGH THE CLEVER INSURANCE WEBSITE, IS PROVIDED "AS IS." TO THE FULLEST EXTENT PERMISSIBLE BY LAW, NEW HORIZONS AND LEGACY LIFE AND ITS SUBSIDIARIES AND AFFILIATES MAKE NO REPRESENTATION OR WARRANTIES OF ANY KIND WHATSOEVER FOR THE CONTENT ON THE CLEVER INSURANCE WEBSITE OR THE MATERIALS, INFORMATION AND FUNCTIONS MADE ACCESSIBLE BY THE SOFTWARE USED ON OR ACCESSED THROUGH THE CLEVER INSURANCE WEBSITE, FOR ANY PRODUCTS OR SERVICES OR HYPERTEXT LINKS TO THIRD PARTIES OR FOR ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH THE CLEVER INSURANCE WEBSITE OR ANY LINKED SITE. FURTHER, NEW HORIZONS AND LEGACY LIFE AND ITS SUBSIDIARIES AND AFFILIATES DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NEW HORIZONS AND LEGACY LIFE DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE CLEVER INSURANCE WEBSITE OR ANY MATERIALS OR CONTENT CONTAINED THEREIN WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE CLEVER INSURANCE WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NEW HORIZONS AND LEGACY LIFE AND ITS SUBSIDIARIES AND AFFILIATES SHALL NOT BE LIABLE FOR THE USE OF THE CLEVER INSURANCE WEBSITE, INCLUDING, WITHOUT LIMITATION, THE CONTENT AND ANY ERRORS CONTAINED THEREIN.
By posting messages, uploading files, inputting data or engaging in any other form of communication (individually or collectively "Communications") to the Clever Insurance Website, you hereby grant to New Horizons and Legacy Life a perpetual, worldwide, irrevocable, unrestricted, non-exclusive, royalty free license to use, copy, license, sublicense, adapt, distribute, display, publicly perform, reproduce, transmit, modify, edit and otherwise exploit such communications, in all media now known or hereafter developed. You hereby waive all rights to any claim against New Horizons and Legacy Life for any alleged or actual infringements of any proprietary rights, rights of privacy and publicity, moral rights, and rights of attribution in connection with such Communications.
THIS AGREEMENT SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF MISSOURI, WITHOUT REGARD TO CONFLICTS OF LAWS PROVISIONS. SOLE AND EXCLUSIVE JURISDICTION FOR ANY ACTION OR PROCEEDING ARISING OUT OF OR RELATED TO THIS AGREEMENT SHALL BE AN APPROPRIATE STATE OR FEDERAL COURT LOCATED IN THE STATE OF MISSOURI.
Any cause of action you may have with respect to your use of the Clever Insurance Website must be commenced within one (1) year after the claim or cause of action arises. If for any reason a court of competent jurisdiction finds any provision of the Agreement, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to affect the intent of the Agreement, and the remainder of this Agreement shall continue in full force and effect.