The words "you" and "your" refer to each person using this Site or Mobile App and each person who uses the Site or Mobile App with the permission of the registrant. The words "we," "us," and "our" refers to the Company and any agent, independent contractor, or assignee that the Company may, in its sole discretion, involve in the provision of services through the Site or Mobile App.
POLICY AND SITE CONTENT
The Site or Mobile App contains proprietary and confidential information of the Company. If there is conflict between your policy or contract and any statement in this Agreement or on the Site or Mobile App, your policy or contract will govern.
Account data is generally updated as of the prior business day's close of business. Interest rates, policy values, loan values, and account values are subject to the terms and conditions of your policy or contract at time of issue. For variable insurance contracts, all mutual fund information is subject to the rules and regulations of the U.S. Securities Exchange Commission and the Financial Industry Regulatory Authority.
Nothing on the Site or Mobile App is intended or should be construed as a solicitation or offer to sell insurance products in any jurisdiction in which we are not properly licensed.
GOOGLE MAPS API
The Mobile App may use Google Maps to provide location services. By using Google Maps in the Mobile App, you agree to be bound by Google’s Terms of Service, which may be found at https://www.google.com/intl/en/policies/terms/?fg=1.
Links to or from third party websites may be offered as a matter of convenience and in no way are meant to imply that the Company endorses, controls, approves, sponsors, promotes or is affiliated with the owners of or participants in those sites or any material contained therein. Because third party sites are not under the Company’s control, the Company cannot guarantee the quality, accuracy, or timeliness of any information contained on these sites. The Company is under no obligation to maintain any link on this Site or Mobile App and may remove any such link at any time in its sole discretion for any reason whatsoever. You should check the privacy policies of any third party website that you visit.
COPYRIGHT AND TRADEMARK
Third party content available on or through the Site or Mobile App are the intellectual property of their respective owners. The content of the Site and Mobile App, including, but not limited to, logos, company names, graphics, and text, are the intellectual property of the Company, and are protected by copyright, trademark, and other intellectual property laws.
The content of the Site and Mobile App may not be used in any manner without the express prior written consent of the Company.
If you upload photographs or other images to the Site or Mobile App, you grant the Company a world-wide, non-exclusive, non-transferable, non-sublicenseable, royalty-free license to use the photographs or images for any legal purpose the Company in its sole discretion may deem appropriate, such as for claims or training purposes. This license does not transfer the ownership of any intellectual property of the Company.
You understand and agree that your use of or connection to the Internet provides opportunity for unauthorized access by a third party to your computer systems, mobile devices, networks, and any and all information stored therein. We use a secure server implementing the Transport Layer Security (TLS) protocol to safeguard the information you provide to us. This technology encrypts your information so a third party cannot read the information while in transit.
LIMITATION OF LIABILITY
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.
The Company does not guarantee the personal information entered by you will not be misappropriated, intercepted, diverted, corrupted, lost, deleted, destroyed, accessed, disclosed, or used by others. You agree that any use of the Site or Mobile App is at your sole risk. You further agree not to hold the Company liable for any loss or damage of any sort arising out of your use of the Site or Mobile App.
Under no circumstances shall the Company have any liability for, and you hereby waive, release, and agree not to sue the Company for, (i) any punitive or exemplary damages; (ii) any reliance damages; (iii) any special, indirect, incidental, or consequential damages (including, without limitation, lost profits), or (iv) any non-economic damages (including, without limitation, emotional distress, emotional discomfort, or mental anguish), however caused and under any theory (including, without limitation, negligence), in connection with, arising out of, or in any way related to, this Agreement, the Site, the Mobile App, your use of the Site or Mobile App, or the installation, operation, or maintenance of your computer, mobile device, and related equipment.
EXCLUSION OF WARRANTIES
THE SITE AND 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 WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR RESULTS OF THE USE OF ANY CONTENT OR INFORMATION AVAILABLE ON OR THROUGH THE SITE OR MOBILE APP. THE ACCURACY, COMPLETENESS, SEQUENCING OR TIMELINESS OF INFORMATION IS NOT GUARANTEED BY US AND INFORMATION IS SUBJECT TO CHANGE.
TO THE FULLEST EXTENT PERMITTED BY LAW, THE COMPANY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED INCLUDING, BUT NOT LIMITED TO: (A) ANY WARRANTY FOR CONTENT, INFORMATION, DATA, SERVICES, UNINTERRUPTED ACCESS, OR PRODUCTS PROVIDED THROUGH OR IN CONNECTION WITH THE SITE OR MOBILE APP; (B) ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, USEFULNESS, OR CONTENT OF INFORMATION, OR SERVICES OFFERED ON OR THROUGH THE SITE OR MOBILE APP; (C) ANY WARRANTIES THAT THE SITE OR MOBILE APP IS FREE OF VIRUSES, WORMS, TROJAN HORSES OR OTHER HARMFUL COMPONENTS; AND (D) ANY WARRANTIES OF TITLE AND IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND WARRANTIES OF NONINFRINGEMENT.
No delay or omission by us in exercising any rights or remedies under this Agreement 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.
Much of our relationship with you is regulated by state and federal law, including the GrammLeach-Bliley Act, U.S. Pub. L. 106-102, 113 U.S. Stat. 1338 (1999), as well as state regulations regarding the security, privacy, and use of your information. These laws and regulations, as well as this Agreement, may change from time to time.
The Company reserves the right, at its sole discretion, to modify or remove portions of this Agreement at any time. When we do, we will revise the date at the top of this Agreement, and we will post the new Agreement to the Site and Mobile App. If you do not agree with any of the updated terms of the Agreement, you can choose to discontinue your use of the Site and Mobile App. This page should be reviewed periodically so that you are informed of our current Agreement and any changes.
We may periodically revise or update the Site or Mobile App, which may render all prior versions obsolete. We reserve the right to terminate this Agreement as to all such prior versions of the Site and Mobile App and limit use to only the most recent version.
TERMINATION OF THIS AGREEMENT
This Agreement is effective unless and until terminated by either you or American National. You may terminate your use of the Site or Mobile App at any time by writing to the Company at One Moody Plaza, Galveston, Texas 77550. In addition, you may terminate your use of the Mobile App at any time by deleting and removing the application from all your mobile devices. We may terminate your use of the Site and Mobile App, in whole or in part, at any time without prior notice.
Except as otherwise provided in this Agreement, any notice that you send to us must be mailed to the Company at One Moody Plaza, Galveston, Texas 77550. 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.
This Agreement 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 the Site or Mobile App shall be subject to venue of a court of competent jurisdiction in Galveston County. If any provision of this Agreement is found to be invalid or unenforceable, the remaining provisions will remain in full force and effect.
The captions of sections of this Agreement are for convenience only and shall not control or affect the meaning or construction of any of the provisions.