1. Web Site Purpose and Company Services.
The content on the Web Site is for informational, educational, and illustrative purposes only and may not be intended for consumers in every state. In addition, please review our licensing page for further details or contact us with any questions as Berkshire’s services may not be available in all states.
2. Personal and Non-Commercial Use Limitation.
You are prohibited from using the Web Site to advertise or perform any commercial solicitation. You also are prohibited from using any robot, spider, scraper, or other automated means to access the Web Site for any purpose without the prior written permission of Berkshire. You may not take any action that imposes, or may impose, in our sole discretion, an unreasonable or disproportionately large load on our infrastructure, interfere or attempt to interfere with the proper working of the Web Site or any activities conducted on the Web Site, or bypass any measures that we may use to prevent or restrict access to the Web Site. Any rights not expressly granted herein are reserved.
3. No Representation, Offering or Advice.
The information on the Web Site is intended to enable people interested in a life or viatical settlement to understand the nature of Berkshire’s services. You acknowledge that any of your requests for information are unsolicited and any information shall neither constitute nor be construed as investment advice, financial, legal, securities, accounting, or tax advice whatsoever; does not constitute and shall not be construed as an offer to purchase or sell (or constitute the facilitation of an offer to purchase or sell) any life insurance policies or securities to any person or a solicitation of any person of any offer to purchase or sell any life insurance policies or securities; and does not constitute and shall not be construed as any other client relationship between you and Berkshire or any of its employees. The information in the Web Site should not be construed as Berkshire’s endorsement, recommendation or sponsorship of any company, life insurance policy, or security.
There are inherent risks in relying on, using or retrieving any information found on the Web Site, and Berkshire urges you to make sure that you understand these risks before relying on, using, or retrieving any information on the Web Site. Any financial, legal, tax, investment, securities, or accounting advice should be obtained from the appropriate parties to determine, in part, any impact to estate plans, tax returns, government benefits and entitlements, availability, and cost of other or replacement insurance, and whether selling the existing life insurance policy is more beneficial than other potentially available options. Berkshire advises visitors to the Web Site to consult their professional advisors and appropriately licensed brokers for final approval and/or implementation of life settlement-related transactions.
4. Limitation of Liability; No Warranties; Disclaimers.
THE INFORMATION, SOFTWARE, AND SERVICES PUBLISHED ON THIS WEBSITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. DUE TO VARIOUS FACTORS, INCLUDING THE INHERENT POSSIBILITY OF HUMAN AND MECHANICAL ERROR, THE ACCURACY, COMPLETENESS, TIMELINESS, AND CORRECT SEQUENCING OF SUCH INFORMATION, SOFTWARE AND SERVICES, AND THE RESULTS OBTAINED FROM THEIR USE ARE NOT GUARANTEED BY BERKSHIRE OR ANY PERSONS CREATING OR TRANSMITTING SUCH INFORMATION, SOFTWARE, AND SERVICES.
BERKSHIRE AND/OR ITS RESPECTIVE SERVICERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE CONTENT AND OPERATION OF THE WEBSITE AT ANY TIME WITHOUT NOTICE. THE WEBSITE MAY BE TEMPORARILY UNAVAILABLE FROM TIME TO TIME DUE TO REQUIRED MAINTENANCE, TELECOMMUNICATIONS INTERRUPTIONS, OR OTHER REASONS.
BERKSHIRE AND/OR ITS SERVICERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION, SOFTWARE, PRODUCTS AND SERVICES CONTAINED ON THIS WEBSITE FOR ANY PURPOSE. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. BERKSHIRE AND/OR ITS RESPECTIVE SERVICERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND AVAILABILITY. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
YOU ARE EXPRESSLY ADVISED NOT TO TAKE ANY ACTION, OR MAKE ANY DECISION, IN RELIANCE ON ANY STATEMENT CONTAINED ON THE WEB SITE UNLESS OTHERWISE ADVISED IN WRITING BY BERKSHIRE. YOU ASSUME FULL RESPONSIBILITY FOR ANY LOSS OR DAMAGE, INCLUDING WITHOUT LIMITATION SPECIAL, INDIRECT OR CONSEQUENTIAL, SUFFERED AS A RESULT OF RELIANCE ON ANY CONTENT ON THE WEB SITE AND BERKSHIRE IS NOT LIABLE FOR ANY ACTION OR INACTION TAKEN BY YOU TO DETERMINE YOUR DECISIONS. NO CASE STUDY, ANALYSIS, VALUATION, OR RECOMMENDATION RELATED TO ANY LIFE INSURANCE POLICY CAN REPLACE THE ACTUAL SUBMISSION OF SUCH POLICY TO THE MARKET. BERKSHIRE ISSUES NO REPRESENTATION OR WARRANTY AS TO WHETHER A PARTICULAR POLICY WILL GENERATE ANY CONTINGENT SETTLEMENT OFFERS OR ULTIMATELY BE SOLD. IN ADDITION, BERKSHIRE IS UNDER NO OBLIGATION TO ULTIMATELY FIND A BUYER OF THE POLICY OWNER’S POLICY. FURTHERMORE, BERKSHIRE DOES NOT PROVIDE ANY ADVICE REGARDING WHETHER OR NOT TO PROCEED WITH THE LIFE OR VIATICAL SETTLEMENT TRANSACTION — THE POLICY OWNER SHALL REACH HIS/HER/THEIR OWN DECISION AND IS FREE TO ACCEPT OR DECLINE ANY CONTINGENT OFFER.
YOUR USE OF THE WEBSITE IS AT YOUR OWN RISK. YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, LOSS OF DATA OR ANY OTHER DAMAGE OR LOSS THAT RESULTS FROM THE USE OF THE WEBSITE OR THE DOWNLOAD OF ANY CONTENT FROM THE WEBSITE. IN NO EVENT SHALL BERKSHIRE AND/OR ITS SERVICERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH OR RELATING TO THE USE OF OR ACCESS TO THIS WEBSITE OR WITH THE DELAY OR INABILITY TO USE THIS WEBSITE, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, DOCUMENTS, FORMS, BROCHURES, OR SERVICES OBTAINED THROUGH THE WEBSITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, EVEN IF BERKSHIRE OR ANY OF ITS SERVICERS HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
5. Additional Limitations.
The policy owner, and not Berkshire, is fully responsible for the timely payment of any and all premiums due for the policy that is the subject of the viatical or life settlement transaction, on the applicable due dates, up until change of ownership of the policy occurs. The policy owner, not Berkshire, assumes sole responsibility if the policy lapses for such lack of timely payment of any and all premiums. In addition, Berkshire is not a life expectancy provider or firm that produces life expectancy reports; does not determine life expectancies; is not a medical or mortality expert; does not provide mortality or medical reviews; does not evaluate the health of the insured; is not responsible for the conclusions of life expectancy providers and/or firms that produce life expectancy reports; and does not have the expertise to dispute the conclusions of life expectancy providers and/or firms that produce life expectancy reports. The insured may live longer or shorter than any life expectancy projection or estimate.
6. Ownership of Content.
7. Social Media.
The Web Site may have links for you to share your experience with Berkshire or your friends using social media tools such as Facebook and Twitter. If you choose to use these tools, you may be sharing certain profile elements, including your comments. This sharing is subject to each social media program’s privacy policies.
8. References to Publications and Other Companies.
References to any publication or any other organization in the Web Site are for reference and informational purposes only and are not intended to suggest that any such organization endorse, recommend, or approve of the services of Berkshire or that Berkshire endorses, recommends, or approves the services or products of such organization. News stories reflect only the author’s opinion and not necessarily that of Berkshire unless otherwise indicated.
9. Modification and Monitoring of Website.
11. Jurisdictional Issues and Applicable Law.
Compliance with Laws.
Amendments or changes to these Terms won’t be effective until we post revised Terms on the Website. If we don’t immediately take action on a violation of these Terms, we’re not giving up any rights under the Terms, and we may still take action at some point.
Attorney’s Fees and Costs.
If we file an action against you claiming you breached these Terms and we prevail, we’re entitled to recover reasonable attorney fees and any damages or other relief we may be awarded. If we have to provide information in response to a subpoena related to your account, then we may charge you for our costs. These fees may include attorney and employee time spent retrieving the records, preparing documents, and participating in a deposition.
If you violate these Terms then we may seek injunctive relief (meaning we may request a court order to stop you) or other equitable relief.
You may not assign any of your rights under this agreement to anyone else. We may assign our rights to any other individual or entity at our discretion.
Even if this Agreement is terminated, the following sections will continue to apply: (i) Content Ownership, (ii) Compliance with Laws, (iii) Limitation of Liability; No Warranties; Disclaimers, (iv) Indemnity, (v) Miscellaneous.
Any notice to you will be effective when we send it to the last email or physical address you gave us. Any notice to us will be effective when delivered to us along with a copy to our legal counsel: Attn. Legal Department, Berkshire Settlements, Inc., 154 Krog Street, Suite 135, Atlanta, GA 30307, or any addresses as we may later post on the Web Site.
Copyright Notice. Copyright © 2017 Berkshire Settlements, Inc., 154 Krog Street, Suite 135, Atlanta, Georgia, U.S.A. All rights reserved.
Service Marks. [____]® are registered service marks of Berkshire Settlements, Inc.
The names of third party organizations, firms, companies, and their corresponding products and services mentioned and/or referenced herein may be the trademarks of their respective owners.
Any rights not expressly granted herein are reserved by Berkshire. In addition, Berkshire reserves the right to change the terms of service at any time and from time to time by revising these terms and conditions. You are responsible for regularly reviewing these terms of service.