TERMS AND CONDITIONS
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. BY ACCESSING THIS SHENANDOAH LIFE INDIVIDUAL POLICYHOLDER'S PORTAL ("PORTAL") YOU CONSENT AND AGREE TO BE BOUND BY THE TERMS AND CONDITIONS BELOW AND BE SUBJECT TO ALL APPLICABLE LAWS AND REGULATIONS. THESE TERMS AND CONDITIONS ARE SUBJECT TO CHANGE. ANY CHANGES WILL BE INCORPORATED INTO THE TERMS AND CONDITIONS POSTED TO THIS PORTAL FROM TIME TO TIME AND YOU WILL BE BOUND BY ANY SUCH CHANGE. UNLESS OTHERWISE INDICATED, ANY NEW PRODUCTS, SERVICES, CONTENT, AND SOFTWARE ADDED TO THIS PORTAL WILL ALSO BE SUBJECT TO THESE TERMS AND CONDITIONS EFFECTIVE UPON THE DATE OF SUCH ADDITION. IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, PLEASE DO NOT ACCESS THIS PORTAL.
This Portal provides users with access to certain online information and materials and certain online services ("Services"). This Portal is owned and operated by Shenandoah Life Insurance Company ("Shenandoah Life"). Shenandoah Life may modify, suspend, discontinue, or restrict the use and availability of any portion of this Portal at any time, without notice or liability. Your use of this Portal may be monitored by Shenandoah Life and used for Shenandoah Life's internal business purposes, without liability.
The information on this Portal is for information purposes only. It is believed to be reliable, but Shenandoah Life does not warrant its completeness, timeliness, or accuracy.
The Portal also contains text, pictures, graphics, logos, button items, images, works of authorship, and other content (collectively with all information and material about Products and Services, "Content"), and may provide access to certain proprietary software used in connection with navigating and utilizing the functionality offered through this Portal ("Software"). This Portal is intended for use only by users who are at least 18 years of age and who reside in the United States.
Unauthorized use of this Portal, including but not limited to unauthorized entry into Shenandoah Life's systems, misuse of passwords, or misuse of any information posted to a site, is strictly prohibited.
You are responsible for maintaining the confidentiality of any account information, user names, logins, passwords, and security questions and answers that you use to access any part of this Portal, and for logging off of your account and any protected areas of the Portal. Further, you are fully responsible for all activities occurring under your accounts, user names, logins, passwords, and security questions and answers. If you become aware of any suspicious or unauthorized conduct concerning your accounts, user names, logins, passwords, or security questions and answers, you agree to contact Shenandoah Life immediately at 1-800-848-5433 ext. 2059. You must exit completely from your account at the end of each online session. Shenandoah Life will not be liable for any loss or damage arising from your failure to comply with this paragraph. Shenandoah Life will not be liable for losses incurred due to someone else using your account and password.
Any use or attempted use of this Portal (i) for any unlawful, unauthorized, fraudulent, or malicious purpose, or (ii) that could damage, disable, overburden, or impair any server, or the network(s) connected to any server, or (iii) interfere with any other party's use and enjoyment of the Portal, or (iv) to gain unauthorized access to any other accounts, computer systems or networks connected to any server or systems through hacking, password mining, or any other means, or (v) to access systems, data, or information not intended by Shenandoah Life to be made accessible to a user, or (vi) attempt to obtain any materials or information through any means not intentionally made available by the Shenandoah Life, or (vii) any use other than the purpose for which it was intended, is prohibited.
Additionally, you agree you will not:
a) Upload or transmit any message, information, data, text, software or images, or other content ("Material") that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, or otherwise objectionable, or that may invade another's right of privacy or publicity;
b) Create a false identity for the purpose of misleading others or impersonate any person or entity, including but not limited to any Company representative, or falsely state or otherwise misrepresent your affiliation with a person or entity;
c) Upload files that contain viruses, trojan horses, worms, time bombs, cancel-bots, corrupted files, or any other similar software or programs that may damage the operation of another's computer or property of another;
d) Violate any applicable local, state, national or international law;
e) Register, subscribe, attempt to register, attempt to subscribe, unsubscribe, or attempt to unsubscribe, any other party for any product or service; or
f) Harvest or otherwise collect information about others, including e-mail addresses.
Hyperlinks to Third Party Websites
Limitation of Liability; Disclaimers
NEITHER SHENANDOAH LIFE NOR ANY OF ITS RESPECTIVE OFFICERS, DIRECTORS, OR EMPLOYEES, IS LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PRODUCTS, USE, DATA, OR OTHER INTANGIBLE LOSSES, EVEN IF SHENANDOAH LIFE HAS BEEN ADVISED OF THE POSSIBILITIES OF THOSE DAMAGES, RESULTING FROM YOUR USE OR INABILITY TO USE THE PORTAL, SERVICES, CONTENT OR SOFTWARE, THE COST OF OBTAINING SUBSTITUTE PRODUCTS AND SERVICES RESULTING FROM ANY LOSS OF DATA, INFORMATION, PRODUCTS, OR SERVICES OBTAINED FROM TRANSACTIONS ENTERED INTO THROUGH THE PORTAL, OR STATEMENTS OR CONDUCT OF ANY THIRD PARTY, OR ANY OTHER MATTER RELATED TO THE PORTAL, SERVICES, CONTENT, OR SOFTWARE. YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE PORTAL IS PREDICATED UPON YOUR WAIVER OF ANY RIGHT TO SUE SHENANDOAH LIFE DIRECTLY OR TO PARTICIPATE IN A CLASS ACTION SUIT FOR ANY LOSSES OR DAMAGES RESULTING FROM YOUR USE OF THE PORTAL.
WITHOUT LIMITING THE FOREGOING, EXCEPT AS OTHERWISE EXPRESSLY PROVIDED HEREIN, THE INFORMATION AND SERVICES ARE PROVIDED TO YOU "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WHILE SHENANDOAH LIFE MAKES EVERY EFFORT TO PROVIDE ACCURATE INFORMATION SHENANDOAH LIFE MAKES NO WARRANTY THAT (i) THE PORTAL AND SERVICES CONTAINED HEREIN WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR (ii) ANY INFORMATION CONTAINED HEREIN, OR ANY OTHER ASPECT OF THE INFORMATION AND SERVICES, WILL BE ACCURATE, CURRENT, COMPLETE, OR RELIABLE.
SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSIONS OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES; THEREFORE, SOME OF THE LIMITATIONS ABOVE MAY NOT APPLY TO YOU.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
Any notices to you from the Shenandoah Life regarding the Portal or these Terms and Conditions may be posted on this Portal or made by e-mail or regular mail.
When you visit this Portal, enter information through this Portal, or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We may communicate with you by e-mail or by posting notices on this Portal. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
You are responsible for providing and maintaining, at your own risk, option, and expense, any hardware, software, and communication lines required to access and use this Portal, and Shenandoah Life reserves the right to change the access configuration of this Portal at any time without prior notice.
Potential Disruption of Service
Access to the Portal may from time to time be unavailable, delayed, limited, or slowed due to, among other things:
• hardware failure, including among other things failures of computers (including your own computer), servers, networks, telecommunication lines and connections, and other electronic and mechanical equipment;
• software failure, including among other things, bugs, errors, viruses, configuration problems, incompatibility of systems, utilities or applications, the operation of firewalls or screening programs, unreadable codes, or irregularities within particular documents or other content;
• overload of system capacities;
• damage caused by severe weather, earthquakes, wars, insurrection, riots, civil commotion, act of God, accident, fire, water damage, explosion, mechanical breakdown or natural disasters;
• interruption (whether partial or total) of power supplies or other utility of service;
• strike or other stoppage (whether partial or total) of labor;
• governmental or regulatory restrictions, exchange rulings, court or tribunal orders or other human intervention; or
• any other cause (whether similar or dissimilar to any of the foregoing) whatsoever beyond the control of Shenandoah Life.
Except as otherwise expressly stated, all Content and Software appearing on this Portal are the copyrighted work of Shenandoah Life and are protected by U.S. and international copyright laws. The compilation (meaning the collection, arrangement, and assembly) of all Content and Software is also the exclusive property of Shenandoah Life is protected by U.S. and international copyright laws.
You may download information from this Portal and print out a hard copy for your personal use provided that you keep intact and do not remove or alter any copyright or other notice (e.g., trademark, patent, etc.) contained in the information. Except as otherwise expressly stated herein, you may not alter, modify, copy, distribute (for compensation or otherwise), transmit, display, perform, reproduce, reuse, post, publish, license, frame, download, store for subsequent use, create derivative works from, transfer, or sell any information or Content obtained from this Portal, in whole or in part, including any text, images, audio, and video in any manner, without the prior written authorization of Shenandoah Life or any applicable third party suppliers. The use of Content, including images, by you, or anyone else authorized by you, is prohibited unless specifically permitted by the Shenandoah Life. Any unauthorized use of text or images may violate copyright laws, trademark laws, the laws of privacy and publicity, and applicable regulations and statutes. Shenandoah Life neither warrants nor represents that your use of Content, Services, Software or any other materials displayed on this Portal will not infringe rights of third parties.
Trademarks and Service Marks
Certain trademarks are the registered service marks of Shenandoah Life. The domain name for this Portal, Shenandoah Life logos, all page headers, custom graphics, and button icons are service marks, trademarks, logos, and/or trade dress of Shenandoah Life. All other trademarks, service marks, trade dress, product names, company names or logos, whether registered or not, on the Portal are the property of Shenandoah Life. In addition to complying with all applicable laws, you agree that you will not use any such trademarks, service marks, trade dress, or other logos from this Portal without the prior written authorization of Shenandoah Life.
Any Software accessible through this Portal is the property of Shenandoah Life or its suppliers and is protected by U.S. patent, trade secret, and copyright laws and international treaties. Any use of the Software by you other than as required to navigate and to utilize the intended functionality offered through this Portal is prohibited. You agree not to copy, distribute, publicly display, alter, modify, decompile, disassemble, reverse engineer, or otherwise attempt to discover the source code of the Software. Further, you agree not to access the Services or Content by any means other than the interface provided by the Shenandoah Life through this Portal for your use in accessing the Services and Content.
The Software provided on this Portal is owned by or licensed to Shenandoah Life, and may contain technology that is subject to strict controls pursuant to export control laws and regulations of the United States of America and other countries and jurisdictions. You will not copy, transfer or export such Software in violation of such applicable export laws and regulations. Shenandoah Life does not authorize the downloading or exportation of any Software or technical data from this Portal to any jurisdiction prohibited by such export controls laws and regulations.
These Terms and Conditions are effective until terminated or updated by Shenandoah Life. In the event of termination, the disclaimers and limitations of liabilities set forth in the Terms and Conditions will survive. These Terms and Conditions will be deemed to include all other notices, policies, disclaimers, and other terms contained in this Portal provided that in the event of a conflict between such other terms and the terms of these Terms and Conditions, these Terms and Conditions will control.
Each of the disclaimers and each of the provisions of the Terms and Conditions will be interpreted in such a manner as to be valid and enforceable under applicable law. If any provision hereunder is held to be invalid or unenforceable under applicable law, such provision will be deemed modified so as to be rendered valid and enforceable while implementing, to the greatest extent possible, the original intent of such provision. If such reformation is not possible or permitted, the invalidity or unenforceability of such a provision will not otherwise impact the validity or enforceability of the remaining provisions hereunder.
Enforceability and Governing Law
In the event any of the terms or provisions of these Terms and Conditions are held to be unenforceable, the remaining terms and provisions will be unimpaired and the unenforceable term or provision will be replaced by such enforceable term or provision as comes closest to the intention underlying the unenforceable term or provision. These Terms and Conditions will be subject to any other agreements you have entered into with Shenandoah Life. The Terms and Conditions are governed by the laws of the State of Virginia, USA and controlling United States Federal Law without regard to any conflicts of law provisions. The section headings are for convenience only and do not have any force or effect.