AnnuityMD.com


Terms of Use



TERMS OF USE

IMPORTANT

PLEASE READ

Last revised:  February 18, 2008


Welcome to AnnuityMD.com (the ”website” or the "Site").  Thank you for visiting us!  It is important to us that you and our other visitors have an enjoyable experience while using our Site, and that when you use this Site you are fully aware of our respective legal rights and obligations.  For that reason, we have created these Terms of Use as the legally binding terms to govern your use of this Site.  Please carefully read these Terms of Use before using the Site, because they impact your legal rights and obligations.

 

Any rights not expressly granted herein are reserved.

 

PARTIES TO THE TERMS OF USE AGREEMENT

These Terms of Use are a contractually binding agreement.  Visitors, viewers, users, subscribers, members, affiliates, or customers, collectively referred to herein as "Visitors," are parties to this agreement.  This website owners, AnnuityMD, Inc. (“AnnuityMD”), are also a party to this agreement, herein referred to as "Website."  THIS WEBSITE RESERVES THE RIGHT TO DENY ACCESS TO ANY PERSON OR VIEWER WITHOUT NOTICE FOR ANY REASON. 

 

Adults Only

 

This Site is not intended for children under the age of 18.  If you are under 18 you must first obtain your parent or guardian’s permission prior to submitting any information to this Site. We assume, and by using this Site you warrant, that either you have legal capacity to enter into the agreement set out in these Terms of Use (i.e., that you are of sufficient age and mental capacity and are otherwise entitled to be legally bound in contract), or your parents have consented to your use of this Site and accept these Terms of Use on your behalf.

 

 

Your Acceptance of These Terms

 

By accessing, using or downloading PRODUCTS OR materials from this Website you agree to follow and be legally bound by these terms and conditions.  If you do not agree to these terms, please do not use this Web site. Although you may "bookmark" a particular portion of this Site and thereby bypass this Agreement, your use of this Site still binds you to these Terms of Use and the Privacy policy.

 

Modification, Updates

 Please note that these Terms of Use may be revised and reissued without notice at any time by updating this posting. You should visit this page regularly to review the current Terms of Use, since your continued use of the Site will be deemed as irrevocable acceptance of any revisions.  Any additional terms and conditions proposed by you which are in addition to or which conflict with these terms and conditions of service are expressly rejected by us and shall be of no force or effect.

 


Online Privacy Policy

 Your privacy is important to us. To better protect your privacy, we provide a privacy policy explaining our online information practices and the choices you can make about the way your information is collected and used at this site.  Click here to show this policy, which forms a part of these Terms of Use.    UNDER THE TERMS OF THE PRIVACY POLICY, WHICH YOU ACCEPT AS A CONDITION FOR VIEWING, THE WEBSITE IS ALLOWED TO COLLECT AND STORE DATA AND INFORMATION FOR THE PURPOSE OF EXCLUDING UNAUTHORIZED USERS AND FOR ANY OTHER REASON SET FORTH THEREIN.

 

USE OF INFORMATION FROM THIS WEBSITE

Your right to make use of this website, any material set forth herein or other content appearing on it is subject to your compliance with these Terms of Use.  Modification or use of the material or any other content on this website for any purpose not permitted by these Terms of Use may be a violation of our Copyrights and/or Trademarks and is strictly prohibited and may expose you to civil and criminal penalties.

You may access and display material and all other content displayed on this Site for non-commercial, personal, entertainment use on a single computer only. The material and all other content on this site may not otherwise be copied, rebroadcast, resold, reprinted, reproduced, republished, uploaded, posted, transmitted, distributed or used in any way unless specifically authorized by this website.  Any authorization to copy material granted by this website in any part of this website for any reason is restricted to making a single copy for non-commercial, personal, entertainment use on a single computer only, and is subject to your keeping intact all copyright and other proprietary notices.  Using any material on any other website or networked computer environment is prohibited unless specifically authorized by this website.  Visitor has no rights whatsoever to use the content of, or portions thereof, including but not limited to its databases, invisible pages, linked pages, underlying code, or other intellectual property the site may contain, for any reason for any use whatsoever.  Also, decompiling, reverse engineering, disassembling, or otherwise reducing the code used in any software on this website into a readable form in order to examine the construction of such software and/or to copy or create other products based (in whole or in part) on such software, is strictly prohibited.

Visitor agrees to liquidated damages in the amount of U.S.$100,000 in addition to costs and actual damages for breach of this provision.  Visitor warrants that he or she understands that accepting this provision is a reasonable condition of viewing and that viewing constitutes acceptance.

 

OWNERSHIP OF WEBSITE OR RIGHT TO USE, SELL, PUBLISH CONTENTS OF THIS WEBSITE

The website and its contents are owned or licensed by the website.  Material contained on the website must be presumed to be proprietary and copyrighted.  Visitors have no rights whatsoever in the site content.  Use of website content for any reason is unlawful unless it is done with express contract or permission of the website.

 

No Advice

You understand and agree that we provide no tax, legal, or investment advice nor do we give any advice or offer any opinion with respect to the suitability of any annuity, insurance product, or security through this Web site. You further understand that while you may be able to access research reports or other information produced by us and/or third parties through this web site, the availability of such information does not constitute a recommendation to buy or sell all or any of the annuities or securities discussed therein. Any investment decisions you make will be based solely on your own evaluation of your financial circumstances and investment objectives. You understand that all investments made by you are at your sole risk. You understand and agree that if you want to seek investment advice from us, you will do so only by consulting with your financial advisor first or before you make an investment in an annuity or security.

 

 
DISCLAIMER FOR CONTENTS OF SITE

The website disclaims any responsibility for the accuracy of the content of this website. THIS SITE AND ALL INFORMATION AND MATERIAL CONTAINED ON THIS SITE IS PROVIDED ON AN "AS IS," "AS AVAILABLE" BASIS.   Visitors assume all the risk of viewing, reading, using, or relying upon this information.  Unless you have otherwise formed an express contract to the contrary with the website, you have no right to rely on any information contained herein as accurate.  The website makes no such warranty.   TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, ANNUITYMD DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

ANNUITYMD DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THIS SITE WILL BE AVAILABLE, UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ITS WEB SITE(S) OR THE SERVERS THAT MAKE THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANNUITYMD DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF USE OF THE MATERIALS ON THIS SITE, INFORMATION, SOFTWARE, FACILITIES, SERVICES OR OTHER CONTENT IN ANNUITYMD OR ANY SITES LINKED TO THIS WEBSITE.COM IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.  ANNUITYMD MAKES NO WARRANTIES THAT YOUR USE OF THE MATERIALS, INFORMATION, SOFTWARE, FACILITIES, SERVICE OR OTHER CONTENT ON THIS SITE WILL NOT INFRINGE THE RIGHTS OF OTHERS AND ANNUITYMD ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMMISSIONS IN SUCH MATERIALS, INFORMATION, SOFTWARE, FACILITIES, SERVICE OR OTHER CONTENT ON THIS WEBSITE.  IF APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF SOME OR ALL OF THE ABOVE IMPLIED WARRANTIES TO APPLY TO YOU, THE ABOVE EXCLUSIONS WILL APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW.

DISCLAIMER FOR HARM CAUSED TO YOUR COMPUTER OR SOFTWARE FROM INTERACTING WITH THIS WEBSITE OR ITS CONTENTS. VISITOR ASSUMES ALL RISK OF VIRUSES, WORMS, OR OTHER CORRUPTING FACTORS.

 The website assumes no responsibility for damage to computers or software of the visitor or any person the visitor subsequently communicates with from corrupting code or data that is inadvertently passed to the visitor's computer.  Again, Visitor views and interacts with this site, or banners or pop-ups or advertising displayed thereon, at his or her own risk.

 

 
DISCLAIMER FOR HARM CAUSED BY DOWNLOADS

 Visitor downloads information from this site at this own risk.  Website makes no warranty that downloads are free of corrupting computer codes, including, but not limited to, viruses and worms.

 

 

LIMITATION OF LIABILITY

 By viewing, using, or interacting in any manner with this site, including banners, advertising, or pop-ups, downloads, and as a condition of the website to allow his lawful viewing, Visitor forever waives all right to claims of damage of any and all description based on any causal factor resulting in any possible harm, no matter how heinous or extensive, whether physical or emotional, foreseeable or unforeseeable, whether personal or business in nature.

 

YOU AGREE THAT ANNUITYMD  WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNATIVE, EXEMPLARY, SPECIAL, CONSEQUENTIAL DAMAGES, OR OTHER TYPES OF DAMAGES FOR LOSS OF PROFITS, REVENUE, DATA OR USE ARISING FROM YOUR USE OF THIS WEB SITE AND THE INFORMATION CONTAINED ON THIS SITE OR YOUR ABILITY TO ACCESS THIS SITE.  YOU (AND NOT ANNUITYMD) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION IN THE EVENT OF ANY SUCH LOSS OR DAMAGE ARISING.  IF APPLICABLE LAW DOES NOT ALLOW ALL OR ANY PART OF THE ABOVE LIMITATION OF LIABILITY TO APPLY TO YOU, THE LIMITATIONS WILL APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW. 

 

In no event shall ANNUITYMD’S total liability to you for all damages, losses, and causes of action exceed the amount paid by you, if any, for accessing this website.

 

INDEMNIFICATION

Visitor agrees that in the event he or she causes damage, which the Website is required to pay for, the Visitor, as a condition of viewing, promises to reimburse the Website for all. You agree to indemnify and hold harmless AnnuityMD and its officers, directors, employees, agents, distributors and affiliates from and against any and all claims, demands, liabilities, costs or expenses, including reasonable attorney's fees, resulting from your breach of any of the foregoing provisions, representations or warranties, and/or from your placement or transmission of any content onto AnnuityMD’s servers, and/or from any and all use of your account.  You further agree to indemnify and hold harmless AnnuityMD from any and all causes of action claims, costs, damages, expenses, judgments, liabilities and losses, including reasonable attorney fees and litigations cost, which may be incurred in defending against any causes of action, claims for personal injury, wrongful death, personal property damages or third party claims, arising directly or indirectly out of, or in connection with, the services provided to you by this website. 

 

 

HYPERLINKING TO SITE, CO-BRANDING, "FRAMING" AND REFERENCING SITE PROHIBITED

Unless expressly authorized by website, no one may hyperlink this site, or portions thereof, (including, but not limited to, logotypes, trademarks, branding or copyrighted material) to theirs for any reason.  Further, you are not allowed to reference the domain name www.annuitymd.com (website address), or any page of this website, in any commercial or non-commercial media without express permission.  You are also prohibited from 'framing' this site (ex.  you are prohibited from removing or obstructing any content or sponsorship banners or other material anywhere on this website).  You specifically agree to cooperate with the Website to remove or de-activate any such activities and be liable for all damages.

 

 Linked Third Party Sites

This website may link you to other sites on the Internet.   These links are provided for your convenience only.  These third party sites may contain information or material that some people may find inappropriate or offensive. These other sites are not under the control of this website, and you acknowledge that (whether or not such sites are affiliated in any way with AnnuityMD) AnnuityMD is not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such sites. The inclusion of such a link does not imply endorsement of any site by AnnuityMD or any association with its operators.

Further, AnnuityMD cannot ensure that you will be satisfied with any products or services that you purchase from any third party site that links to or from this website since those other sites are owned and operated by independent third parties. AnnuityMD does not endorse any of the products or contents, nor has AnnuityMD taken any steps to confirm the accuracy or reliability of any of the information contained in such third party sites.  AnnuityMD does not make any representations or warranties as to the security of any information (including, without limitation, credit card and other personal information) you might be requested to give any third party, and you irrevocably waive any claim against us with respect to such sites. We strongly encourage you to make whatever investigation you feel necessary or appropriate before proceeding with any online transaction with any of these third parties.

 

SUBMISSIONS

 Visitor agrees as a condition of viewing, that any communication between Visitor and Website is deemed a submission.  All submissions, including portions thereof, graphics contained thereon, or any of the content of the submission, shall become the exclusive property of the Website and may be used, without further permission, for commercial use without additional consideration of any kind.  Visitor agrees to only communicate that information to the Website, which it wishes to forever allow the Website to use in any manner as it sees fit.  "Submissions" is also a provision of the Privacy Policy.

 

 Severability

If any provision of these Terms of Use shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement to the extent they are unlawful, void or unenforceable and shall not affect the validity and enforceability of any of the remaining portions of that provision or any of the other provisions of these Terms of Use.

 

 NOTICE

 No additional notice of any kind for any reason is due Visitor and Visitor expressly warrants an understanding that the right to notice is waived as a condition for permission to view or interact with the website.

 

 DISPUTES

 As part of the consideration that the Website requires of the Visitor to view, use, or interact with this site, Visitor agrees to use binding arbitration for any claim, dispute, or controversy ("CLAIM") of any kind (whether in contract, tort or otherwise) arising out of or relating to this purchase, this product, including solicitation issues, privacy issues, and terms of use issues.

 Arbitration shall be conducted pursuant to the rules of the American Arbitration Association, which are in effect on the date a dispute is submitted to the American Arbitration Association.  Information about the American Arbitration Association, its rules, and its forms are available from the American Arbitration Association, 335 Madison Avenue, Floor 10, New York, New York, 10017-4605.  Hearing will take place in the city of Southfield, Michigan or the city and county of the Seller.

 In no case shall the Visitor have the right to go to court or have a jury trial.  Visitor will not have the right to engage in pre-trial discovery except as provided in the rules; you will not have the right to participate as a representative or member of any class of claimants pertaining to any claim subject to arbitration; the arbitrator's decision will final and binding with limited rights of appeal.

 The prevailing party shall be reimbursed by the other party for any and all costs associated with the dispute arbitration, including attorney fees, collection fees, investigation fees, travel expenses.

 

JURISDICTION AND VENUE

If any matter concerning this purchase shall be brought before a court of law, pre- or post-arbitration, Visitor agrees that the sole and proper jurisdiction to be the state and city declared in the contact information of the website owner unless otherwise here specified.  In the event that litigation is in a federal court, the proper court shall be the closest federal court to the Seller's current address.

 Personal information that you voluntarily give us will be delivered electronically to computer servers located in the State of Michigan in the United States of America.  Any legal issues you may have with us related to this Privacy Policy will be enforced in accordance with the laws of this jurisdiction and in the appropriate courts therein.  Although this website is intended for use by users located in the United States only, if you have accessed this Site, are located outside of the United States, and choose to use this Site anyway, you should be aware that all of your personal data will be processed by us in the U.S where data protection and privacy regulations may not offer the same level of protection as in other parts of the world, such as the European Union.

 

APPLICABLE LAW

 Visitor agrees that the applicable law to be applied in any matters arising hereunder, will be that of the State of Michigan and the United States.

 AnnuityMD makes no representation that content on this website is appropriate or available for use outside the United States, its territories, possessions and protectorates. If you choose to access this website from such foreign locations you do so on your own initiative and at your own risk. You are responsible for complying with local laws, if and to the extent local laws are applicable. You specifically agree to comply with all applicable laws concerning the transmission of technical data exported from the United States or the country you reside in.

 

QUESTIONS, COMMENTS, OR REPORT OF INCIDENTS

 

You may direct questions, comments or reports to support@annuitymd.com or contact us at:

 
AnnuityMD.com

37637 5 Mile Rd.
Ste. # 278
Livonia, Michigan 48154

 

 

COPYRIGHT

 

Portions of these Terms of Use are used under license.  The copyright to those licensed portions of these Terms of Use are owned by Mining Gold Corporation and IP Management, LLC.