TERMS OF USE

Terms of Use

Legal Notice
Terms and Conditions

This website is offered by Midwestern Marketing, LLC and its related and/or affiliated entities (collectively, “Company”) to the users conditioned upon your acceptance, without modification, of the terms, conditions, and notices contained herein. Your use of this website and its various web pages constitutes your acceptance and agreement to all terms, conditions, and notices.

This Legal Notice applies to this website. Please read the following terms and conditions carefully before using this website. You should review these terms and conditions regularly as they may change at any time in our sole discretion. In the event you do not agree to any term, condition, or notice contained herein, you are not permitted to use the Company website in any capacity or fashion and you must discontinue all use immediately.

1. Liability

UNDER NO CIRCUMSTANCES SHALL COMPANY BE LIABLE FOR ANY DIRECT OR INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER, THAT MAY ARISE FROM OR RELATE TO YOUR USE OF, OR INABILITY TO USE, THIS WEBSITE.

Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages. In such jurisdictions, to the maximum extent permitted by law, Company’s liability is limited to the minimum amount of liability that is permitted.

THIS WEBSITE CONTENT, AND ALL SUCH INFORMATION, PRODUCTS, SERVICES, AND RELATED GRAPHICS ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. ALL WARRANTIES ARE EXPRESSLY DISCLAIMED AND NONE ARE BEING PROVIDED.

COMPANY WILL NOT BE LIABLE IN ANY WAY ARISING OUT OF THE USE OF OR INABILITY TO USE THE COMPANY WEBSITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES, TO THE EXTENT PERMITTED BY LAW. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE COMPANY WEBSITE, OR WITH ANY OF THESE TERMS OR CONDITIONS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE COMPANY WEBSITE.

Under no circumstance will Company be liable for damages of any kind related to the use of this website, including, without limitation, any lost profits, business interruption, loss of use, loss of programs or data on your equipment, or otherwise, even if we are expressly advised of the possibility or likelihood of such damages.

The information and other material contained on, included in, or available through this website may contain inaccuracies or typographical errors. Information may be changed or updated without notice. Information on this website is updated periodically and some information presented may not be current. Company has no obligation to update the information presented on this website. Company reserves the right to change the website and website content at any time in its sole discretion. Company shall not be liable for the use of the website, including but not limited to, the content and any errors or omissions contained herein. You acknowledge that your reliance upon any information or content in this website shall be at your sole risk.

This website is not intended for use by the insurance-buying public.

NOTHING ON THIS WEBSITE CONSTITUTES ADVICE OF ANY KIND. THE CONTENT AND MATERIAL ON THE COMPANY WEBSITE SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL, FINANCIAL, INVESTMENT, OR OTHER DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.

COMPANY AND/OR ITS INSURANCE PARTNERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, OR ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS CONTAINED ON THE COMPANY WEBSITE FOR ANY PURPOSE.

For and in consideration of the use of the Company website, the user(s) hereby remise, release, and forever discharge Company and its respective agents, officers, attorneys, directors, shareholders, partners, employees, successors, assigns, sibling companies, parent companies, and affiliated companies of and from any and all, and all manner of, action and actions, cause and causes of action, claims, suits, debts, breaches of fiduciary duty, other breaches, notes, dues, sums of money, accounts, reckonings, undertakings, bonds, bills, specialties, covenants, contracts, controversies, agreements, guarantees, indemnifications, promises, liens, variances, trespasses, damages, attorneys’ fees, judgments, taxes, interest, penalties, assessments, extents, executions, expenses, claims, demands, and liabilities whatsoever, of every kind and nature, whether or not well-founded in fact or in law, whether known or unknown, whether continent or not contingent, and whether in law or equity or otherwise, which the user ever had, now have, or can, shall, or may have, for or by reason of, arising from, or relating in any way to the Company website, the content of the Company website, and/or the use of the Company website, regardless of when such claim arose or accrued.

You agree that no joint venture, partnership, employment, or agency relationship exists between you and Company as a result of use of the Company website.

2. Third Party Content

LINKS TO THIRD PARTY WEBSITES ARE PROVIDED FOR YOUR CONVENIENCE AND INFORMATION ONLY. THE CONTENT IN ANY LINKED WEBSITES IS NOT UNDER OUR CONTROL AND WE ARE NOT RESPONSIBLE FOR IT.

We reserve the right to terminate a link to a third party website at any time. The fact that we provide a link to a third party website does not mean that we endorse, authorize, or sponsor that website, nor that we are affiliated with the third party website’s owners or sponsors. We do not control such websites and are not responsible for their content. Your access of third-party websites through our links or otherwise is at your sole risk.

3. Proprietary Rights & Restricted Use

Use of the Company website is unauthorized in any jurisdiction that does not give effect to all provisions of the terms and conditions contained in this Legal Notice and on the Company website.

Company is the owner of all of Company’s text contained on this website. You may print a copy of the information contained herein for your personal use; however, you may not reproduce or distribute the text or graphics contained on this website to others or substantially copy the information on your own server, or link to this website, without the prior written permission of Company. You may request permission by contacting Company.

Company does not claim ownership of the materials you provide to Company (including feedback and suggestions) or post, upload, input, or submit to the Company website or its associated services (collectively “Submissions”). However, by posting, uploading, inputting, providing, or submitting your Submissions, you are granting Company, its affiliated companies, and necessary sublicensees permission to use your Submissions in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, and reformat your Submissions; and to publish your name in connection with your Submissions.

No compensation of any kind will be paid with respect to the use of your Submissions, as provided herein. Company is under no obligation to post or use any Submissions you may provide and may remove any Submissions at any time in Company’s sole discretion.

By posting, uploading, inputting, providing or submitting your Submissions, you warrant and represent that you own or otherwise control all of the rights to your Submissions as described in this section, including, without limitation, all the rights necessary for you to provide, post, upload, input, or submit the Submissions.

4. Intellectual Property Rights

Other parties’ trademarks, copyrights and services marks that may be referred to are the property of their respective owners. The names of companies and their products or services mentioned herein may be the trademarks of their respective owners. Nothing on this website should be construed as granting, by implication, waiver, estoppel, or otherwise, any license or right to use any trademark without the owner’s written permission. Neither the name of Company nor our logos may be used in any way, including in advertising or publicity pertaining to distribution of materials on this website, without prior written permission from Company. You are not authorized to use our logos as a hyperlink to this website unless you obtain our written permission in advance. Any rights not expressly granted herein are reserved.

5. No Provision of Investment Advice or Solicitation of Offers

Nothing on this website constitutes investment advice. In addition, our website content does not constitute an offer to sell or solicitation of any insurance product. No product offered by Company is offered or will be sold in any jurisdiction in which such offer or solicitation, purchase or sale would be unlawful under the securities law or other laws of such jurisdiction. No such security is offered or will be sold in any jurisdiction by an entity which is not properly licensed to do so in such jurisdiction.

6. Circular 230 Notice

Tax Advice Disclosure: To ensure compliance with requirements imposed by the IRS under Circular 230, we inform you that any U.S. Federal tax advice contained on our websites, including any websites owned, operated or sponsored by any of our affiliates, unless otherwise specifically stated, was not intended or written to be used, and cannot be used, for the purpose of (1) avoiding penalties under the Internal Revenue Code or (2) promoting, marketing or recommending to another party any matters addressed herein. The information on this website is not written or intended as tax or legal advice.

7. Responsible Use

Your use of this website and the information contained therein constitutes your agreement to use any information obtained in connection with such use solely for the purposes intended by Company, and to not alter or distribute such information for any purpose without the express written consent of Company.

As a condition of your use of the Company website, you warrant to Company that you will not use the Company website for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Company website in any manner which could damage, disable, overburden, or impair the Company website or interfere with any other party’s use and enjoyment of the Company website. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Company website.

Company reserves the right, in its sole discretion, to terminate your access to the Company website and the related services or any portion thereof at any time, without notice.

8. General Terms and Disclaimer

Although Company has made efforts to ensure that the contents of this website are correct and complete, Company cannot be responsible for the accuracy of information contained herein. Please contact a Company representative for the most current information available.

This website is for agent use only. Not for use with consumers.

Certain exclusions and limitations may apply.

All products are not available in all areas and are subject to applicable laws, rules, and regulations.

Not affiliated with the United States government or the federal Medicare program. Medicare has neither reviewed nor endorsed this information.

Agents must possess the required licenses and/or certifications in the states where they sell or offer insurance products.

The products, if any, that are described in this website are not intended to, and do not constitute offers to sell or solicitations in connection with any product. Various products may have waiting periods, limitations, and exclusions. The information contained on this website does not constitute financial advice.

To the maximum extent permitted by law, use of this website will be governed by and construed in accordance with the law of the State of Florida. Any dispute, legal action, lawsuit, or proceeding arising out of and/or relating to the Company website or the use of this website shall be brought solely and exclusively in Pinellas County, Florida or the Middle District of Florida. You hereby consent to exclusive personal jurisdiction and venue in the courts of Pinellas County, Florida for any such dispute, legal action, lawsuit, or proceeding. You acknowledge that your use of this website constitutes substantial, continuous, and systematic contacts with the State of Florida and that you are purposefully availing yourself of the benefits and privileges of conducting activities within the State of Florida through your use of this website for purposes of claims related to this website and the use of this website.

Company reserves the right to change the terms and conditions applicable to this website at any time with or without notice in its sole discretion.

Company does not warrant that access to Company’s website or any of its pages will be uninterrupted or error-free.

Nothing contained herein is in derogation of Company’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Company website or information provided to or gathered by Company with respect to such use.

If any part of this Legal Notice is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, the invalidity or unenforceability of a particular provision shall not affect any other provisions or applications which can be given effect without the invalid provision or application. To this end, the provisions are severable. If a particular provision is deemed to be invalid or unenforceable, this provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and modified to match such intent and the remainder of the agreement shall continue in effect.

The captions, headings, and titles in this Legal Notice are solely for convenience and reference and shall in no way define, describe, extend, or limit the scope or intent of this Legal Notice or the intent of any provision hereof.

Unless otherwise specified herein, this agreement constitutes and contains the entire agreement between the user and Company with respect to the Company website and as to the subject matter hereof, and it supersedes or subsumes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Company with respect to the Company website. The terms of this Legal Notice shall not and cannot be altered, amended, modified, or otherwise changed in any respect, except by the means of a written instrument signed by an authorized Company representative.

A printed version of this Legal Notice and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to the use of the Company website and/or this Legal Notice.

Any user of this website must be of legal age under the laws of the State of Florida and the law of the state where the user is located at the time of such use.

In the event that any statement contained on the website is construed to be forward-looking, any such statement is subject to future uncertainties and actual results may differ.

WHERE A HANDSHAKE MEANS SOMETHING

 

This website is for agent use only. Not intended for use with or by the general public. Not affiliated with the United States government or the federal Medicare program. Not all products are available in all areas.

Midwestern Marketing, LLC • 2650 McCormick Drive, Clearwater, FL 33759

Toll-Free: (877) 278-3775 • Fax: (877) 215-5275 • Email: info@midwesternmarketing.com

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