User Agreement
For the purposes of this User Agreement, "we," "us," "our," "the company" refers to Meyer & Associates ("M&A"), as well as to its affiliates. "You" and "yours" refers to the owner of one or more policies/contract/accounts offered by us.
Your use of this M&A Customer Portal web site (the "Web Site") is governed by and conditioned upon your acceptance of this User Agreement. M&A provides this Web Site and your individually identifiable Log-in ID and Password as a convenience to you, the user. This site is NOT intended to be accessed with your Log-in ID and Password by any financial advisor or representative, or by any other third party, other than the policy/contract/account owner. We reserve the right to prevent anyone other than the policy/contract/account owner from using this Web Site. YOUR INDIVIDUALLY IDENTIFIABLE LOG-IN ID AND PASSWORD ARE FOR YOUR BENEFIT ONLY; PLEASE DO NOT SHARE THIS INFORMATION WITH ANYONE.
Please read the following terms and conditions carefully before using this Web Site or any of our other web sites. You should review these terms and conditions regularly as they may change at any time at our sole discretion. The following terms and conditions apply to all of our web sites, including any web sites owned, operated or sponsored by any of our subsidiaries or affiliates. We may add to or supersede certain provisions of these terms and conditions with other provisions located in other of our web sites. If you do not agree with any changes, modifications or revisions to these Terms of Use or other policies, you must stop using the Web Site. Your continued use of the Web Site will be deemed acceptance of such changes, modifications or revisions.
- Liability
UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE FOR ANY DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES OF ANY KIND, HOWSOEVER CAUSED THAT MAY ARISE FROM YOUR USE OF, OR INABILITY TO USE, THIS WEB SITE. Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages. In such jurisdictions, our liability is limited to the greatest extent permitted by law.
THIS WEB SITE, ALL UPGRADES, UPDATES, MODIFICATIONS, RELEASES, AND SERVICES INCLUDING, BUT NOT LIMITED TO, ACCESS TO AND USE OF THE INTERNET, FURNISHED TO YOU PURSUANT TO THIS AGREEMENT ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE DISCLAIM ANY AND ALL EXPRESS OR IMPLIED WARRANTIES REGARDING THIS WEB SITE OR THE USE THEREOF, AND ACCESS TO AND USE OF THE INTERNET, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE.
- We Do Not Have Responsibility for Links to Third Party Content
LINKS TO WEB SITES OF NON-AFFILIATED THIRD PARTIES ARE PROVIDED FOR YOUR CONVENIENCE AND INFORMATION ONLY. THE CONTENT IN ANY LINKED WEB SITE IS NOT UNDER OUR CONTROL AND WE ARE NOT RESPONSIBLE FOR IT. We reserve the right to terminate a link to a third-party web site at any time. The fact that we provide a link to a third-party web site does not necessarily mean that we endorse, authorize, or sponsor that web site, nor that we are affiliated with the third-party web site's owners or sponsors. If you wish to link to any of our sites, please contact our webmaster to complete a hyperlinking agreement. If you are one of our group customers and wish to link your web site to this site, please contact one of our representatives for instructions on completing a hyperlinking agreement.
- Term of Agreement
This Agreement will be effective upon confirming via email registration on the customer portal site, that is, when you click on the "Confirm Email Registration" link as contained in the Email Confirmation sent to you at the Email provided with your application or notification of modifications to the Agreement and shall continue until termination by you or by us. We reserve the right to suspend or terminate this Agreement and your access to the Web Site immediately and without notice if we, in our sole discretion, determine that suspension or termination is necessary to comply with any applicable law, regulation, tariff, order, or our rules, policies, practices, and/or security procedures and concerns.
You may terminate this Agreement at any time by contacting the Customer Service Center and following the instructions provided to you with regards to termination.
- Transaction Requests and Other Information Submissions
You are solely responsible for the genuineness and accuracy, both as to content and form, of all requests and other communications properly received by us. We will use commercially reasonable efforts to process your requests received and to update your requested information. To the extent that you use this Web Site, it is expressly understood and agreed that: (i) we may rely on the accuracy of information that you provide; (ii) we may act upon all instructions received by means of requests submitted by, or other information provided by you; (iii) we assume no liability whatsoever if, as a result of the inaccuracy of such information, you or any third party suffer any loss or damages. You understand and agree that submitting a request using the Web Site does not guarantee processing of that request and that you are solely responsible to check the status of the request on the Web Site, and take any further action necessary, including resubmitting a request.
By signing this User Agreement, you warrant and represent to us that: (i) you shall not cause to be introduced into our systems, any virus or any other contaminant or code that may be used to access, alter, delete, damage, or disable any software, data, material, or other property owned or used by us; (ii) you have the right to provide to us access to claim information and data, and that we have a restricted and unassignable right to access such information and data without any liability whatsoever to you; and (iii) neither our access to any information submitted by you, your use of the Web Site, nor your provision of any information through the Web Site, constitutes or may give rise to a claim of patent and/or copyright infringement, or unlawful disclosure, use or misappropriation of any property right.
- Confirmations and Other Communications from Us
From time to time we may utilize the internet, email, digital media, and the like to transmit documents and information we are required to provide, including details about products for which you may be eligible. This consent to receive electronic records informs you of your rights when communicating electronically with M&A. By agreeing to the Terms of Service, you acknowledge receipt of this consent to receive electronic records and agree to the electronic delivery of a copy of your previously submitted life insurance application, as well as disclosures, certificates, policy forms, documents, information, privacy policy notices, and/or other notices (hereinafter “records”) on our website and/or through the email address you provide.
Before agreeing to receive records electronically, you must determine if you have the necessary hardware and software to access and retain these records electronically. To access your records, you will need an email address, Adobe Acrobat Reader, and a computer or other access device. To retain your records, your access device must have the ability to print or download records, including embedded HTML files, to a hard drive or external media.
You may withdraw your consent to receive records electronically at any time by emailing info@meyerandssoc.com. Withdrawal of your consent shall not affect the legal effectiveness, validity or enforceability of electronic records provided or made available to you prior to implementation of your withdrawal of consent. Your withdrawal of consent shall be effective within 30 days after receipt of the withdrawal request by us.
Option to obtain paper copies of records. You have the option to request paper copies of those records we provide to you electronically. If you wish to obtain the records in nonelectronic form, email your mailing address to info@meyerandssoc.com.
Updating your contact information. To update your electronic or mailing address, email info@meyerandssoc.com.
You understand that it is your responsibility to review all confirmations, statements, notices, and other communications from us relating to the Web Site. You agree that we fulfill our legal obligations to deliver any such document, if sent by electronic delivery or posted on the Web Site, provided you have consented to electronic delivery of required documents. Documents sent by electronic delivery contain all the information that appears in the printed hardcopy version as prepared and distributed by the originator, with the possible exception of graphic insertions such as photographs or logotypes. Electronic delivery may be in the form of an E-mail, an E-mail attachment, or in the form of an available document which may be downloaded from the Web Site. You represent that you will download the relevant document promptly after receiving notice of its availability and that you have the appropriate software to enable you to do so. Should you experience any difficulty opening a document electronically delivered by us, you must promptly advise us in order to allow us to make delivery by other means. Failure to advise us of such difficulty within 5 days (or any longer period required by law) after delivery shall serve as an affirmation that you were able to receive and open said document. You are responsible for ensuring that your software and internet service provider do not inhibit or interfere with the communications described herein.
- Security Devices, Passwords, Etc.
In using the Web Site, you are fully responsible for the security of passwords, IDs, digital certificates and other security devices assigned to you by us ("Security Devices"). The use and storage of any information by you relating to the services including, without limitation, the Security Devices, transaction activity, claim information, and any other information on your computer is at your own risk and is your sole responsibility. By agreeing to this User Agreement, you agree to protect any information relating to this Web Site, the services and/or any software downloaded by you in order to use the services, if applicable, from unauthorized access, copying or use. In order to use this Web Site and the services, you shall install virus checking software, with then-current virus signatures and definitions, on all computers that you use to interface with the Web Site and the services, and you shall ensure that you are engaged in a secure session prior to transmitting any claim-related information (i.e., the web site indicates that the communication will be secured using SSL security, or the web site URL reads "https://" indicating a secure connection). In the event you detect or become aware of any unauthorized access, copying, or use of information relating to the services (including, if applicable, any software downloaded by you in order to use the services), or loss or theft of a Security Device, you agree to notify us immediately. We may rely on any transmissions received using the Security Devices.
- Use of Cookie Files
Some sites and pages within our Sites use “cookies.” A cookie is a small file that is stored on your hard drive and contains no personally identifiable information about you and your usage of our sites. A cookie cannot read data off your hard drive or read cookie files created from other sites. You are free to decline our cookie if your browser has been set to prompt or decline cookies, however, declining cookies may interfere with some of the Web Site’s functionality.
- Privacy
For an explanation of our practices and policies related to the collection, use, and storage of our users’ information, please read our Privacy Policy. By using the Website, you acknowledge that you have read and understand our Privacy Policy. These Terms of Use incorporate this Privacy Statement in full, and by agreeing to these Terms of Use, you agree to be bound by the terms of the Privacy Statement.
- Proprietary Rights & Restricted Use
All content on the Web site, including text, graphics, logos, button icons, and images, and the selection and arrangement of such content is the exclusive property of Meyer or its licensors and is protected by U.S. and international copyright laws. All rights not expressly granted are reserved.
The trademarks, service marks, designs, and logos (collectively, the “Trademarks”) displayed on this Web site and/or on e-mails sent to you are the registered and unregistered Trademarks of Meyer and of Meyer’s licensors. Your use of the Trademarks displayed on this Website, except as provided in these Terms of Use, is strictly prohibited. You may not use our Trademarks without our express and written permission.
Any information, advice, data, software, or other content, which may be contained in or downloaded from the Website (collectively, “Content”), including, but not limited to, all text, graphics, charts, images, videos, line art, icons, and renditions, are copyrighted by, or otherwise licensed to, us or our Content suppliers. We also own copyrights to a collective work in the selection, coordination, arrangement, organization, navigation, presentation, display, and selective alteration of the Content (“Collective Work”). All software used in providing or supporting the Website (“Software”) is our property or the property of our software vendors and is protected by United States and international copyright laws. Any access you may have, including but not limited to, viewing, reading, printing, downloading or otherwise using the Content, Collective Work, or Software does not waive any of our rights and does not entitle you or any third party to any ownership or intellectual property rights.
You are solely liable for any damages arising from your infringement of our or any third party intellectual property rights with respect to the Trademarks, Content, Collective Work, or Software. You are solely responsible for any harm incurred to us or our affiliates as a direct or indirect result of you copying, distributing, redistributing, publishing, or using the same for purposes that are expressly or impliedly in violation of these Terms of Use.
- We Are Not Providing Investment Advice nor Soliciting Offers
Unless and except where expressly provided, nothing in this Web Site constitutes investment, tax, legal, or insurance advice. Except where expressly stated to the contrary, nothing in this Web Site constitutes an offer to sell or the solicitation of any offer to buy any security or any related product.
- Indemnification and Hold Harmless
By using the Website, you agree to indemnify, defend, and hold harmless Meyer, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, licensors, successors, and assigns against any claim, cost, fine, damages, including attorneys’ fees, arising from or related to your use of the Website and/or any violation by your of these Terms of Use.
- No Third Party Beneficiaries
These Terms of Use are between you and Meyer, and no provision within these Terms of Use confers any implied or express right in any third party. These Terms of Use do not provide you with any authority to bind Meyer in any way.
- Force Majeure
The companies shall not be liable for any delay or failure to perform its obligations hereunder caused by an event of natural disaster, pandemics, casualty, acts of God or public enemy, riots, terrorism, governmental acts or such other event of similar nature, which is beyond the reasonable control of the companies.
- Access to the Web Site
You are responsible for the computer or other devices used to access the Web Site. Use of the Web Site requires a compatible computer or mobile device, Internet access, and certain software (fees may apply). You also understand that the technical requirements for access to the Web Site may change over time and that it is your responsibility to meet those requirements. You further agree that M & A has no obligation to provide access to the Web Site on any particular computer or other device or by using any specific software. The Web Site is only available in certain jurisdictions and M & A makes no representation that the Web Site, or any feature or part thereof, is appropriate or available for use in any particular location. The Web Site is currently available only in the English language.
- Assignment
You may not transfer, assign, or license your rights under these Terms of Use without our prior express and written consent.
- Void Where Prohibited
The Website is intended for use solely in the United States. Although the Website may be accessed by users in other locations, any offer or transaction for any feature, product, or service is void where prohibited by law.
- Our Services Are Not Intended For Minors
The Website is not directed at minors, that is, persons younger than 18 years old. If you are not at least 18 years old, please do not attempt to access the Website. We do not knowingly contact or collect personal information from persons under 18 years old, and such a person should not provide us with any information.
- Governing Law and Jurisdiction
You agree that these Terms of Use (and incorporated Privacy Policy) are governed and interpreted by the laws of the State of New Jersey without regard to principles of conflicts of law. By using the Website, you agree to personal and exclusive jurisdiction of the state and federal courts of New Jersey in order to resolve any dispute arising from your use of the Website, including but not limited to the enforcement of any arbitration award. You further agree to waive any objection to such jurisdiction or venue.
- Dispute Resolution
Any dispute arising between Meyer and You out of or relating to this Agreement shall promptly and in good faith be negotiated with a view to its amicable resolution. In the event Meyer and You are unable to resolve a dispute, controversy or claim, then a Party may initiate litigation.
- No Oral Modification
These Terms of Use may not be modified through oral agreement or statements. The individual employees of Meyer, Meyer’s partners, and Meyer’s third-party affiliates are not authorized to modify these Terms of Use except by the mechanism stated herein. Any employee offering to modify these Terms of Use is not acting as an agent of Meyer or with proper authority to bind Meyer. You agree not to rely on any statement, written or oral, by any employee or agent of Meyer or any third party with respect to modification or interpretation of these Terms of Use.
- Waiver and Severability
No waiver by Meyer of any term or condition set out in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Meyer to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.
If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.
- Notice
In the event Meyer may choose or become obligated to provide you with notices under or related to these Terms of Use, you consent to receive such notices or related communications by Meyer posting them on the Website, by sending them to you via an email address you provided, or by sending them to a postal address you provided, at our discretion. You further agree that any such communication as described herein satisfies any legal requirement that the communication must be provided in writing.
- Entire Agreement
These Terms of Use and any policies or notices expressly incorporated by reference herein constitute the entire agreement of the parties and supersede any prior or contemporaneous agreements, understandings, warranties, or understandings, whether written or oral, whether express or implied, with connection to the Website.
To reach Customer Service about any questions about this User Agreement, please call 973-635-7800.
Thank you for reading these Terms and for visiting Meyer and Associates’ customer portal!