All right, title, and interest in any content, articles, documents, materials, or intellectual property (collectively the “IP”) embodied in the newsletters is wholly owned and copyrighted by Indaba Solutions, LLC. Purchasing a membership entitles the Subscriber to the right to use and distribute the IP as specifically limited and referenced below and in no other way. The Subscriber must always display The Annuity Edge logo and terms as written on the IP. The IP is protected by copyright laws as well as other intellectual property laws, as applicable. You may not modify, remove, delete, augment, add to, publish, transmit, adapt, translate, participate in the transfer or sale of, create derivative works from, or in any way exploit any of the IP, in whole or in part, other than those limited instances referenced above based upon your subscription level.
If you are either a licensed life insurance agent, registered representative, IAR or other professional advisor working directly with the public, you are allowed to use IP with prospects, clients, referral sources and any other individual who is not directly involved in the life insurance industry. You may not distribute the IP to individuals involved in the life insurance industry. Individuals with whom you share the IP have no distribution or usage rights. You are required to inform recipients of the IP that they do not have distribution or usage rights.
If you are a Brokerage General Agency or other business primarily working with other licensed life insurance agents, you have no distribution rights to the content and cannot share any of the IP with any other person under any circumstance, including other employees of your firm unless they have access to the website as Subscribers underneath an Institutional Subscription.
If you are an employee of a life insurer, financial institution, actuarial consulting firm or any other organization not directly involved in the sales of life insurance or annuity products to consumers, you have no distribution rights to the content and cannot share any of the IP with any other person under any circumstance, including other employees of your firm unless they have access to the website as Subscribers underneath an Institutional Subscription.
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Your subscription may be revoked, in our sole and unilateral discretion, without refund if you, or anyone who received the IP from you, is found to be in violation of the terms specified above, in addition to any other damages available to us. Partner Subscriptions may be revoked at any time with or without cause.
Pro-rata refunds will be provided upon request. The receipt of a refund eliminates all usage rights for IP already received. Usage rights are also forfeited if your subscription is not renewed.
Indaba Solutions, LLC makes no representations about the quantity of the IP that will be given exclusively to Subscribers, or the timeliness of any updates.
You expressly understand and agree that your use of the IP provided by Indaba Solutions, LLC is at your sole risk and that the content is provided “as is” and “as available” basis with no warranty that the IP obtained by you as a result of your subscription will be accurate or reliable. We are not liable to you for any direct, indirect or incidental damages that may be incurred by you as a result of any reliance placed by you on the completeness, accuracy or existence of any IP, even if we have been advised of the possibility of such damages, prior to the damages occurring. THE IP IS PROVIDED WITHOUT WARRANTIES OR CONDITIONS, EITHER EXPRESSED OR IMPLIED. THIS INCLUDES BUT IS NOT LIMITED TO THE WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, AND THOSE ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.
You expressly acknowledge that in the event of a breach or threatened breach by you of any term, condition, or covenant hereof related to the usage or misusage of the IP, we will be caused immediate irreparable injury. You expressly agree that we shall be entitled to injunctive and other equitable relief without bond, as permitted by law, to prevent a breach or threatened breach of the terms related to the usage of the IP, which relief shall be in addition to any other rights or remedies, for damages or otherwise, available to us.
These Terms & Conditions shall be constructed and enforced in accordance with the laws of the State of North Carolina. Any legal action with respect to these Terms & Conditions shall be brought exclusively in the State and Federal Courts of Mecklenburg County, North Carolina and the parties respectively consent to the jurisdiction thereof and agree not to interpose any objection that a court situated in that county is an inconvenient forum.