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Gerber Life Website — Terms and Conditions

Effective: February 9, 2012

Thank you for visiting gerberlife.com. Please read these Terms and Conditions carefully before using this Website. Your access to and use of this site is subject to these Terms and Conditions and all applicable laws. By using this Website you accept, without limitation or qualification, these Terms and Conditions.

In these Terms and Conditions, any reference to "we" or "our" refers to Gerber Life.

Website Privacy Policy

Any personal information or material sent to Gerber Life websites are subject to the Gerber Life Website Privacy Policy located here.

Product or Service Availability

Gerber Life is licensed to do business in all fifty states, District of Columbia, Puerto Rico and Canada. However, products or services described on this Website may not be available in your area or you may not be eligible for them. Gerber Life reserves the right to determine eligibility.

Copyrights and Trademarks

Gerber Life owns all copyright rights in and to all text, images and other materials on this Website. You may print a copy of the information contained herein for your personal use only, but may not reproduce or distribute the text or graphics to others or substantially copy the information on your own server, or link to this Website, without prior written permission of Gerber Life. You may request permission by emailing a request to glic-legal@us.nestle.com.

GROW-UP® and INDEPENDENT MATURITY® are registered trademarks of Gerber Life Insurance. GERBER LIFE®, GERBER LIFE INSURANCE COMPANY® and WE'RE WITH YOU EVERY STEP OF THE WAY® are registered trademarks and service marks of Gerber Products Company. The trademarks, logos, characters and service marks (collectively "Trademarks") displayed on this Website belong to Gerber Life or one of its affiliates. Your use/misuse of the Trademarks displayed on this Website, or on any other content on this Website, except as provided for in these Terms and Conditions, is strictly prohibited. Other parties' trademarks and services marks that may be referred to are the property of their respective owners. Nothing on this Website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark without our written permission. The name Gerber Life Insurance Company, Gerber Life or our logo may not be used in any way, including in advertising or publicity pertaining to distribution of materials on this Website, without prior written permission. You are not authorized to use our logo as a hyperlink to this web site unless you obtain our written permission in advance.

Gerber Life is free to use any ideas contained in any communication you send to this site for any purpose whatsoever. Anything you transmit or post becomes the property of Gerber Life and may be used for any purpose, including but not limited to, reproduction, disclosure, transmission, publication, broadcast and posting. By using this site, you agree not to submit content that is copyrighted or that contains trademarks. Except as otherwise expressly provided for in these Terms and Conditions, you hereby assign to Gerber Life any rights, title or interest that you may have in and to such ideas, communications, transmissions and/or posts and any related intellectual property rights.

User Generated Content

Gerber Life reserves the right, but expressly disclaims any obligation, to edit, reject or remove user generated content for any reason. Posted user content is not always verified, and does not necessarily reflect the views, policies or practices of Gerber Life or its affiliates.

By posting content on this site, you grant Gerber Life the permanent, irrevocable and fully transferable right to reproduce your comments, images or other posted content for unlimited use. You understand and agree that you are hereby releasing all rights, title and interest in and to any posted content, including but not limited to, any photograph, voice recording, or other image or recording. You represent and warrant that you have the right and authority to submit content and that such content does not infringe upon the intellectual property rights of any third party.

You are not authorized to post on or transmit to or from this Website any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material, or any other content that could give rise to any civil or criminal liability under the law.

You expressly release and hold harmless Gerber Life, its officers, directors, agents, employees and those acting under its authority, from any and all claims and liabilities of any kind arising out of or in connection with your posted content. This release shall be binding upon your heirs, administrators, executors and assigns.

International Use

Because of the global nature of the Internet, you agree to comply with all local rules with respect to your account, if any, and your online conduct, including all laws, rules, codes and regulations of the country in which you reside and the country from which you access this Website, including without limitation, all laws, rules, codes, regulations, decrees, acts, orders, directives, legislation, bills and statutes pertaining to tax, contracts, intellectual property, securities, e-commerce, banking, technology, computers, fraud and privacy. In addition, you agree to comply with all applicable laws, rules, codes and regulations regarding the transmission of technical data exported from the United States.

Each product and service referred to on this Site is intended to be made available only to U.S. residents. This Website will not be considered a solicitation for or offering of any product or service to any person in any jurisdiction where such solicitation or offering would be illegal.

Accuracy of Information

All information on this Website is subject to change without notice. While we try to provide accurate and up-to-date material on this Website, errors or omissions may occur. We make no warranties or representations as to the accuracy or timeliness of the material on this Website and assume no liability or responsibility for any errors or omissions on this Website.

If there is any conflict between information set out on this Website and the insurance policies to which such information relates, the terms of the insurance policies shall govern.

Links

If you link to any sites from this Website, you do so at your own risk. We have not reviewed the contents of the sites that may be linked to this Website. Gerber Life does not endorse the content, products or services of the linked sites and accepts no responsibility for the content, accuracy or function of these other websites. Gerber Life reserves the right to terminate a link to a third party website at any time.

Disclaimer and Limitation of Liability

THIS WEBSITE CONTENT IS 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.

Neither Gerber Life, its third party administrators, agents, employees, directors, officers and affiliated companies, nor any other party involved in creating, producing, or delivering this Website, shall be liable for any loss, harm or damage, including without limitation, any direct, indirect, special, third party or consequential damages, howsoever caused, to you or any other person arising out of your access to, or use of, this Website or any material from this Website, even if we have been advised of the possibility of these damages. 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. The use of this Website, and any sites linked to or from this Website, is entirely at your risk.

We assume no liability or responsibility for any damage to you, your computer, or your other property, due to your access to or use of this Website or the downloading of any materials provided on this Website, including without limitation any damages caused by viruses that may infect your computer.

This Website uses security measures to protect the integrity of the information under our control. However, the Internet does not offer complete confidentiality and security. Communication over the Internet is subject to possible interception, loss and alteration. Neither Gerber Life, its third party administrators, agents, employees, directors, officers or affiliated companies shall be responsible for any damages you or anyone else may suffer as a result of the transmission of confidential or sensitive information over the Internet. All such communication will be at your own risk.

Reliance on Website Content

The content on this Website is for convenience and information purposes only and does not offer personalized investment advice. You should consult your financial and legal advisors, and independently verify all content provided through this Website before you make any decisions. Nothing on this Website should be construed as rendering tax, legal, investment, or accounting advice. The posting of any information on this Website is not a recommendation or opinion for you to buy or sell any product or participate in any transaction.

Indemnification

You agree to indemnify and hold harmless Gerber Life (and its parents, directors, officers, employees, subsidiaries, agents, and affiliates) from any and all claims, liabilities, costs and expenses, including reasonable attorneys' fees and costs, due to or arising in any way from the use or misuse by you of this Website, your violation of these Terms and Conditions, your violation of any law, or infringement by you of any right of any person or entity.

Updates to our Terms and Conditions

We reserve the right to make changes to our Terms and Conditions at any time. We will notify you of any changes by modifying the Effective Date of this Website as noted above. We recommend that you review our Terms and Conditions Statement periodically for changes.

Dispute Resolution

You agree to have any unresolved claim or dispute against Gerber Life or its affiliates, related to our Terms and Conditions, including the validity of this arbitration clause, resolved through binding arbitration with the National Arbitration Forum under its Code of Procedure. You agree that the forum for any such arbitration proceeding shall be held in New York, New York. Any award of the arbitrator(s) may be entered as a judgment in any court of competent jurisdiction. Information may be obtained and claims may be filed at any office of the National Arbitration Forum or at P.O. Box 50191, Minneapolis, MN 55405. This agreement shall be interpreted under the Federal Arbitration Act.

Please note that the laws of the State of New York, without giving effect to any principles of conflicts of laws, will govern the (i) interpretation and enforcement of these Terms and Conditions and (ii) content and materials contained in this Website.

Gerber Life Insurance Company is domiciled in White Plains, New York. Our NAIC number is #00070939.

Copyright Complaints (DMCA policy)

Gerber Life respects the intellectual property of others, and we ask our users to do the same. Gerber Life may, in appropriate circumstances and at its discretion, suspend or terminate the access of and take other action against users who infringe the copyright rights of others.

If you believe that your work has been copied and is accessible on the Website in a way that constitutes copyright infringement, you may notify Gerber Life by providing the following information (as required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. sec. 512 ("DMCA")) to our copyright agent set forth below:

  • the electronic or physical signature of the owner of the copyright or the person authorized to act on the owner's behalf;
  • identification of the copyrighted work that you claim has been infringed;
  • identification of the material that is claimed to be infringing and information reasonably sufficient to permit Gerber Life to locate the material (for example, by providing a URL to the material);
  • your name, address, telephone number and email address;
  • a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
  • a statement that the information in your notification is accurate and a statement, made under penalty of perjury, that you are the copyright owner or are authorized to act on the copyright owner's behalf.

Please send notice to:

Gerber Life Insurance Company
Attn: Legal Department/DMCA Notices
1311 Mamaroneck Avenue
White Plains, NY 10605

If the affected user believes in good faith that the allegedly infringing works have been removed or blocked by mistake or misidentification, then that person may send a counter-notice to Gerber Life. The person should:

  • list the material that was removed by Gerber Life, and the location at which the material appeared before it was removed (for example, by providing a URL to the material);
  • provide his or her name, address, telephone number and e-mail address (if available);
  • state his or her consent to the jurisdiction of U.S. Federal District Court for the judicial district in which he or she resides (or White Plains, New York, if the person's address is outside of the United States);
  • state that he or she will accept service of process from the person who provided notification to Gerber Life of the alleged infringement or an agent of such person;
  • state the following: "I swear, under penalty of perjury, that I have a good faith belief that the material identified above was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled"; and
  • provide his or her physical or electronic signature (i.e., "/s/ [print name]").

Please send counter-notice to:

Gerber Life Insurance Company
Attn: Legal Department/DMCA Notices
1311 Mamaroneck Avenue
White Plains, NY 10605

Upon Gerber Life's receipt of a counter-notice that satisfies the requirements of DMCA, Gerber Life will provide a copy of the counter-notice to the person who sent the original notification of claimed infringement and will follow the DMCA's procedures with respect to a received counter-notice. In all events, you expressly agree that Gerber Life will not be a party to any disputes or lawsuits regarding alleged copyright infringement. We suggest that you consult your legal advisor before filing a notice or counter-notice. Also, be aware that there can be penalties for false claims.