PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY.
BY ACCESSING THIS SHENANDOAH LIFE INDIVIDUAL POLICYHOLDER'S PORTAL ('PORTAL')
YOU CONSENT AND AGREE TO BE BOUND BY THE TERMS AND CONDITIONS BELOW AND BE
SUBJECT TO ALL APPLICABLE LAWS AND REGULATIONS. THESE TERMS AND CONDITIONS
ARE SUBJECT TO CHANGE. ANY CHANGES WILL BE INCORPORATED INTO THE TERMS AND
CONDITIONS POSTED TO THIS PORTAL FROM TIME TO TIME AND YOU WILL BE BOUND BY
ANY SUCH CHANGE. UNLESS OTHERWISE INDICATED, ANY NEW PRODUCTS, SERVICES,
CONTENT, AND SOFTWARE ADDED TO THIS PORTAL WILL ALSO BE SUBJECT TO THESE TERMS
AND CONDITIONS EFFECTIVE UPON THE DATE OF SUCH ADDITION. IF YOU DO NOT AGREE
WITH THESE TERMS AND CONDITIONS, PLEASE DO NOT ACCESS THIS PORTAL.
This Portal provides users with access to certain online information and materials
and certain online services ('Services'). This Portal is owned and operated by
Shenandoah Life Insurance Company ('Shenandoah Life'). Shenandoah Life may modify,
suspend, discontinue, or restrict the use and availability of any portion of this
Portal at any time, without notice or liability. Your use of this Portal may be
monitored by Shenandoah Life and used for Shenandoah Life's internal business
purposes, without liability.
The information on this Portal is for information purposes only. It is believed to
be reliable, but Shenandoah Life does not warrant its completeness, timeliness, or
accuracy.
The Portal also contains text, pictures, graphics, logos, button items, images,
works of authorship, and other content (collectively with all information and
material about Products and Services, "Content"), and may provide access to
certain proprietary software used in connection with navigating and utilizing the
functionality offered through this Portal ("Software"). This Portal is intended
for use only by users who are at least 18 years of age and who reside in the United
States.
Unauthorized use of this Portal, including but not limited to unauthorized entry
into Shenandoah Life's systems, misuse of passwords, or misuse of any information
posted to a site, is strictly prohibited.
You are responsible for maintaining the confidentiality of any account information,
user names, logins, passwords, and security questions and answers that you use to
access any part of this Portal, and for logging off of your account and any protected
areas of the Portal. Further, you are fully responsible for all activities occurring
under your accounts, user names, logins, passwords, and security questions and answers.
If you become aware of any suspicious or unauthorized conduct concerning your accounts,
user names, logins, passwords, or security questions and answers, you agree to contact
Shenandoah Life immediately at 1-800-848-5433 ext. 62059. You must exit completely
from your account at the end of each online session. Shenandoah Life will not be
liable for any loss or damage arising from your failure to comply with this paragraph.
Shenandoah Life will not be liable for losses incurred due to someone else using your
account and password.
Privacy
Privacy is maintained through compliance with Shenandoah Life's
Notice of Privacy Policy and Information Practices, which can be accessed
here.
Information Collection
As you browse this web site, we may log your IP address (the Internet address of your computer) to give us an idea of which parts of our web site you visit and how long you spend there. We do not link your IP address to anything personally identifiable. Information automatically provided to us identifies the type of computer and operating system you are using. Your browser provides this information.
E-mail
Once we receive your e-mail, we comply fully with our privacy policy in protecting your information as required by law. Your e-mails will be routed to the appropriate department and will be handled by Shenandoah Life employees that can address your e-mail contents. Please remember, while in transit to us, non-encrypted Internet e-mail communications may be accessed and viewed by other Internet users, without your knowledge or permission. We are not responsible for the security or confidentiality of communications you send to us through the Internet using e-mail.
Prohibited Use
Any use or attempted use of this Portal (i) for any unlawful, unauthorized, fraudulent,
or malicious purpose, or (ii) that could damage, disable, overburden, or impair any
server, or the network(s) connected to any server, or (iii) interfere with any other
party's use and enjoyment of the Portal, or (iv) to gain unauthorized access to any
other accounts, computer systems or networks connected to any server or systems through
hacking, password mining, or any other means, or (v) to access systems, data, or
information not intended by Shenandoah Life to be made accessible to a user, or (vi)
attempt to obtain any materials or information through any means not intentionally made
available by the Shenandoah Life, or (vii) any use other than the purpose for which it
was intended, is prohibited.
Additionally, you agree you will not:
a) Upload or transmit any message, information, data, text, software or images,
or other content ("Material") that is unlawful, harmful, threatening, abusive,
harassing, tortious, defamatory, vulgar, obscene, libelous, or otherwise
objectionable, or that may invade another's right of privacy or publicity;
b) Create a false identity for the purpose of misleading others or impersonate
any person or entity, including but not limited to any Company representative,
or falsely state or otherwise misrepresent your affiliation with a person or entity;
c) Upload files that contain viruses, trojan horses, worms, time bombs, cancel-bots,
corrupted files, or any other similar software or programs that may damage the
operation of another's computer or property of another;
d) Violate any applicable local, state, national or international law;
e) Register, subscribe, attempt to register, attempt to subscribe, unsubscribe,
or attempt to unsubscribe, any other party for any product or service; or
f) Harvest or otherwise collect information about others, including e-mail addresses.
Shenandoah Life reserves the right to take whatever lawful actions it may deem
appropriate in response to actual or suspected violations of the foregoing, including
but not limited to the suspension or termination of the user's access. Shenandoah Life
may cooperate with legal authorities and/or third parties in the investigation of any
suspected or alleged crime or civil wrong. Except as may be expressly limited by the
Notice of Privacy Policy and Information Practices, Shenandoah Life reserves the right
at all times to disclose any information as Shenandoah Life deems necessary to satisfy
any applicable law, regulation, legal process, or governmental request.
Hyperlinks to Third Party Websites
This Portal may contain hyperlinks to other sites owned and operated by parties other
than Shenandoah Life. Such hyperlinks are provided only for ready reference and ease
of use. We do not control such web sites and cannot be held responsible for their
content or accuracy and do not endorse these sites unless we specifically so state.
In the event this Portal provides hyperlinks to other web sites that are not owned,
operated, or maintained by Shenandoah Life, you acknowledge and agree that Shenandoah
Life is not responsible for and is not liable for the content, products, services, or
other materials on or available from such web sites. We accept no liability for any
information, products, advertisements, content, services, or software accessible
through these third party web sites or for any action you may take as a result of
linking to any such web site. Any such web sites are likely to set forth specific
terms of use and privacy policies that you should review. Shenandoah Life is under no
obligation to maintain any link on this Portal and may remove a link at any time in
its sole discretion for any reason whatsoever. Shenandoah Life will not be responsible
or liable, directly or indirectly, for any damages or losses caused or alleged to be
caused by or in connection with the use of or reliance on such content, products,
services, or other materials available on or through any such web site. Shenandoah
Life is not responsible for the privacy practices of any other web sites.
Limitation of Liability; Disclaimers
NEITHER SHENANDOAH LIFE NOR ANY OF ITS RESPECTIVE OFFICERS, DIRECTORS, OR EMPLOYEES,
IS LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY
DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PRODUCTS, USE, DATA, OR
OTHER INTANGIBLE LOSSES, EVEN IF SHENANDOAH LIFE HAS BEEN ADVISED OF THE POSSIBILITIES
OF THOSE DAMAGES, RESULTING FROM YOUR USE OR INABILITY TO USE THE PORTAL, SERVICES,
CONTENT OR SOFTWARE, THE COST OF OBTAINING SUBSTITUTE PRODUCTS AND SERVICES RESULTING
FROM ANY LOSS OF DATA, INFORMATION, PRODUCTS, OR SERVICES OBTAINED FROM TRANSACTIONS
ENTERED INTO THROUGH THE PORTAL, OR STATEMENTS OR CONDUCT OF ANY THIRD PARTY, OR ANY
OTHER MATTER RELATED TO THE PORTAL, SERVICES, CONTENT, OR SOFTWARE. YOU UNDERSTAND AND
AGREE THAT YOUR USE OF THE PORTAL IS PREDICATED UPON YOUR WAIVER OF ANY RIGHT TO SUE
SHENANDOAH LIFE DIRECTLY OR TO PARTICIPATE IN A CLASS ACTION SUIT FOR ANY LOSSES OR
DAMAGES RESULTING FROM YOUR USE OF THE PORTAL.
WITHOUT LIMITING THE FOREGOING, EXCEPT AS OTHERWISE EXPRESSLY PROVIDED HEREIN, THE
INFORMATION AND SERVICES ARE PROVIDED TO YOU "AS IS" WITHOUT WARRANTY OF ANY KIND,
EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WHILE
SHENANDOAH LIFE MAKES EVERY EFFORT TO PROVIDE ACCURATE INFORMATION SHENANDOAH LIFE
MAKES NO WARRANTY THAT (i) THE PORTAL AND SERVICES CONTAINED HEREIN WILL BE
UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR (ii) ANY INFORMATION CONTAINED
HEREIN, OR ANY OTHER ASPECT OF THE INFORMATION AND SERVICES, WILL BE ACCURATE,
CURRENT, COMPLETE, OR RELIABLE.
SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSIONS OF CERTAIN WARRANTIES OR THE
LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES;
THEREFORE, SOME OF THE LIMITATIONS ABOVE MAY NOT APPLY TO YOU.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION
OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE
ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT
HAVE ADDITIONAL RIGHTS.
Notices
Any notices to you from the Shenandoah Life regarding the Portal or these Terms and
Conditions may be posted on this Portal or made by e-mail or regular mail.
Electronic Communications
When you visit this Portal, enter information through this Portal, or send e-mails
to us, you are communicating with us electronically. You consent to receive
communications from us electronically. We may communicate with you by e-mail or by
posting notices on this Portal. You agree that all agreements, notices, disclosures,
and other communications that we provide to you electronically satisfy any legal
requirement that such communications be in writing.
Connection Requirement
You are responsible for providing and maintaining, at your own risk, option, and
expense, any hardware, software, and communication lines required to access and
use this Portal, and Shenandoah Life reserves the right to change the access
configuration of this Portal at any time without prior notice.
Potential Disruption of Service
Access to the Portal may from time to time be unavailable, delayed, limited, or
slowed due to, among other things:
- hardware failure, including among other things failures of computers (including
your own computer), servers, networks, telecommunication lines and connections, and
other electronic and mechanical equipment;
- software failure, including among other things, bugs, errors, viruses,
configuration problems, incompatibility of systems, utilities or applications, the
operation of firewalls or screening programs, unreadable codes, or irregularities
within particular documents or other content;
- overload of system capacities;
- damage caused by severe weather, earthquakes, wars, insurrection, riots, civil
commotion, act of God, accident, fire, water damage, explosion, mechanical breakdown
or natural disasters;
- interruption (whether partial or total) of power supplies or other utility of
service;
- strike or other stoppage (whether partial or total) of labor;
- governmental or regulatory restrictions, exchange rulings, court or tribunal
orders or other human intervention; or
- any other cause (whether similar or dissimilar to any of the foregoing) whatsoever
beyond the control of Shenandoah Life.
Copyright
Except as otherwise expressly stated, all Content and Software appearing on this Portal
are the copyrighted work of Shenandoah Life and are protected by U.S. and international
copyright laws. The compilation (meaning the collection, arrangement, and assembly)
of all Content and Software is also the exclusive property of Shenandoah Life is
protected by U.S. and international copyright laws.
You may download information from this Portal and print out a hard copy for your
personal use provided that you keep intact and do not remove or alter any copyright
or other notice (e.g., trademark, patent, etc.) contained in the information. Except
as otherwise expressly stated herein, you may not alter, modify, copy, distribute
(for compensation or otherwise), transmit, display, perform, reproduce, reuse, post,
publish, license, frame, download, store for subsequent use, create derivative works
from, transfer, or sell any information or Content obtained from this Portal, in whole
or in part, including any text, images, audio, and video in any manner, without the
prior written authorization of Shenandoah Life or any applicable third party suppliers.
The use of Content, including images, by you, or anyone else authorized by you, is
prohibited unless specifically permitted by the Shenandoah Life. Any unauthorized
use of text or images may violate copyright laws, trademark laws, the laws of privacy
and publicity, and applicable regulations and statutes. Shenandoah Life neither
warrants nor represents that your use of Content, Services, Software or any other
materials displayed on this Portal will not infringe rights of third parties.
Trademarks and Service Marks
Certain trademarks are the registered service marks of Shenandoah Life. The domain
name for this Portal, Shenandoah Life logos, all page headers, custom graphics, and
button icons are service marks, trademarks, logos, and/or trade dress of Shenandoah
Life. All other trademarks, service marks, trade dress, product names, company names
or logos, whether registered or not, on the Portal are the property of Shenandoah Life.
In addition to complying with all applicable laws, you agree that you will not use
any such trademarks, service marks, trade dress, or other logos from this Portal
without the prior written authorization of Shenandoah Life.
Proprietary Software
Any Software accessible through this Portal is the property of Shenandoah Life or its
suppliers and is protected by U.S. patent, trade secret, and copyright laws and
international treaties. Any use of the Software by you other than as required to
navigate and to utilize the intended functionality offered through this Portal is
prohibited. You agree not to copy, distribute, publicly display, alter, modify,
decompile, disassemble, reverse engineer, or otherwise attempt to discover the source
code of the Software. Further, you agree not to access the Services or Content by any
means other than the interface provided by the Shenandoah Life through this Portal
for your use in accessing the Services and Content.
The Software provided on this Portal is owned by or licensed to Shenandoah Life, and
may contain technology that is subject to strict controls pursuant to export control
laws and regulations of the United States of America and other countries and
jurisdictions. You will not copy, transfer or export such Software in violation of
such applicable export laws and regulations. Shenandoah Life does not authorize the
downloading or exportation of any Software or technical data from this Portal to any
jurisdiction prohibited by such export controls laws and regulations.
General Provisions
These Terms and Conditions are effective until terminated or updated by Shenandoah
Life. In the event of termination, the disclaimers and limitations of liabilities
set forth in the Terms and Conditions will survive. These Terms and Conditions will
be deemed to include all other notices, policies, disclaimers, and other terms
contained in this Portal provided that in the event of a conflict between such other
terms and the terms of these Terms and Conditions, these Terms and Conditions will
control.
Severability
Each of the disclaimers and each of the provisions of the Terms and Conditions will
be interpreted in such a manner as to be valid and enforceable under applicable law.
If any provision hereunder is held to be invalid or unenforceable under applicable
law, such provision will be deemed modified so as to be rendered valid and enforceable
while implementing, to the greatest extent possible, the original intent of such
provision. If such reformation is not possible or permitted, the invalidity or
unenforceability of such a provision will not otherwise impact the validity or
enforceability of the remaining provisions hereunder.
Enforceability and Governing Law
In the event any of the terms or provisions of these Terms and Conditions are held
to be unenforceable, the remaining terms and provisions will be unimpaired and the
unenforceable term or provision will be replaced by such enforceable term or
provision as comes closest to the intention underlying the unenforceable term or
provision. These Terms and Conditions will be subject to any other agreements you
have entered into with Shenandoah Life. The Terms and Conditions are governed by
the laws of the State of Virginia, USA and controlling United States Federal Law
without regard to any conflicts of law provisions. The section headings are for
convenience only and do not have any force or effect.