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MOBILE APPLICATION TERMS OF USE

Last Revised: March 2017

These Mobile Application General Terms of Use (these “Terms”) govern your access to and use of this mobile application (“mobile app”).  This mobile app is administered by American National Insurance Company, One Moody Plaza, Galveston, Texas 77550 and its affiliates (collectively, “American National”).  The words "we," "us," and "our" refer to American National, and any agent, independent contractor or assignee American National may, in its sole discretion, involve in the provision of this mobile app.  The words "you" and "your" refer to the subscriber and each person accessing this mobile app and using it with the permission of the subscriber.

BY ACCESSING AND/OR USING THIS MOBILE APP, YOU AGREE TO ABIDE BY THESE TERMS.  IF YOU DO NOT AGREE WITH THESE TERMS, YOU MAY NOT ACCESS OR USE THIS MOBILE APP.  WE RESERVE THE RIGHT TO MAKE CHANGES TO THESE TERMS AT ANY TIME BY POSTING AN UPDATED VERSION IN THIS MOBILE APP. WE WILL INDICATE THAT CHANGES TO THESE TERMS HAVE BEEN MADE BY UPDATING THE “LAST REVISED” DATE SET FORTH ABOVE.

American National respects the privacy of your nonpublic personal information. Please review our Mobile Application Privacy Policy, which also governs your access to and use of this mobile app.

LICENSING

Nothing on this mobile app is intended or should be construed as a solicitation or offer to sell insurance products.

GOOGLE MAPS API

This mobile app may use Google Maps to provide location services.  By using Google Maps in this mobile app, you are agreeing to be bound by Google’s Terms of Service, which can be found here.

USER GENERATED CONTENT

Content posted by users to this mobile app is not verified by American National and does not represent the opinions or views of American National.  American National does not warrant the truth or accuracy of any information, statements or claims posted on this mobile app and is not responsible for and does not endorse any user-generated content.

LIMITATION OF LIABILITY

Except as otherwise provided in these Terms or by applicable law, we are not responsible for any loss, injury, or damage, whether direct, indirect, special, consequential or exemplary damages, including lost profits (even if advised of the possibility thereof) caused by or from or relating in any way to the use of this mobile app or arising in any way out of the installation, operation, or maintenance of your mobile device or related equipment.

Under no circumstances, including but not limited to negligence, shall American National be liable for any damages, direct, indirect, incidental, and/or consequential, including without limitation bodily injury, emotional distress or discomfort, or physical damage resulting from or in any way related to your use of this mobile app, including but not limited to your use, reference to or reliance on any information obtained on or through this mobile app.

INTERNET CONNECTION

You understand and agree that your use of or connection to the Internet provides opportunity for unauthorized access by a third party to your mobile device and any and all information stored therein. We use a secure server and security protocol to safeguard the information you provide. We use a secure server implementing the Secure Socket Layer (SSL) protocol to interact with you when you provide personal information to us. This technology encrypts your information so a third party cannot read the information while in transit. We handle your information securely via 128-bit encryption.

All information transmitted and received through the Internet is subject to unauthorized interception, diversion, corruption, loss, access, and disclosure. We shall not be responsible for any adverse consequences whatsoever of your connection to or use of the Internet, and shall not be responsible for any use by you of an Internet connection in violation of any law, rule, or regulation or any violation of the intellectual property rights of another.

EXCLUSION OF WARRANTIES

You agree that any use of this mobile app is at your sole risk.  The content and materials in this mobile app are provided on an "as is" and "as available" basis without representations or warranties of any kind, either express or implied.  We do not guarantee the accuracy, completeness, sequencing or timeliness of information in this mobile app, and the information is subject to change.

To the fullest extent permitted by law, American National expressly disclaims all representations and warranties, express or implied, with respect to this mobile app including, but not limited to: (a) any warranty for content, information, data, services, uninterrupted access, or products provided through or in connection with this mobile app; (b) any warranties concerning the availability, accuracy, usefulness, or content of information, or services offered on or through this mobile app; (c) any warranties that this mobile app is free of viruses, worms, Trojan horses or other harmful components; and (d) any warranties of title or implied warranties of merchantability or fitness for a particular purpose, or warranties of non-infringement.

TERMINATION OF THIS MOBILE APP OR ACCESS TO THIS MOBILE APP

These Terms are effective unless and until terminated by either you or American National.  You may terminate your use of this mobile app at any time by deleting and removing this mobile app from all your mobile devices.  We reserve the right to terminate this mobile app or your access to this mobile app, in whole or in part, at any time without prior notice and for any or no reason.

NOTICES

Except as otherwise provided in these Terms, any notice that you send to us must be mailed to the address listed on the first page of these Terms. Such notice is effective when it is actually received by us and we have had a reasonable opportunity to act, not to be less than five (5) business days. We may, in our sole discretion, act upon verbal notice from you.

NO WAIVER

No delay or omission by us in exercising any rights or remedies under these Terms shall impair such right or remedy or be construed as a waiver of any such right or remedy. Any single or partial exercise of a right or remedy shall not preclude further exercise of any other right or remedy. No waiver shall be valid unless signed in writing by us.

INDEMNIFICATION

You agree to defend, indemnify and hold us harmless from and against any and all claims, damages, costs and expenses, including attorneys’ fees and court costs, arising from or related to your use of this mobile app.

GOVERNING LAW/SEVERABILITY

Use of this mobile app shall be governed by and construed in accordance with the laws of the state of Texas, without regard to its conflicts of laws provisions.  Any dispute concerning this mobile app shall be subject to the exclusive venue of a court of competent jurisdiction in Galveston County, Texas.  If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will remain in full force and effect.

COPYRIGHT AND TRADEMARK

The name American National (and associated logos) are either trade names, service marks and/or registered service marks of American National Insurance Company, and may not be used under any circumstances without the express prior written consent of American National Insurance Company. You have no right to use, copy, display, perform or create derivative works from, distribute, have distributed, rent, lease, transmit or sublicense any of the material or content available on this mobile app. The contents of this mobile app, including but not limited to graphics, logos, and text are the property of American National and are protected by copyright and other intellectual property laws.

Third-party content, logos and company names available on or through this mobile app are the intellectual property of their respective owners.

CAPTIONS

The captions of the sections of these Terms are for convenience only and shall not control or affect the meaning or construction of any of the provisions.

ENTIRE AGREEMENT

These Terms, along with the Mobile Application Privacy Policy and, if applicable, the Contributor Terms of Use, are the complete and exclusive agreement between you and us relating to the mobile app, which supersedes any prior agreement, oral or written, and any other communications between you and us related to this mobile app. If you create a Vendor or Market Manager account (where available), the Contributor Terms of Use will apply in addition to these Terms and the Mobile Application Privacy Policy.

 
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