Please read the following terms and conditions (“Terms of Use”) before using Berkshire Settlements, Inc.’s and its affiliates’ (below as “Berkshire,” “We,” “Us”) website, www.berkshiresettlements.com, (below as the “Web Site” or “Site,” which comprises all information in this Web Site, including without limitation, the Terms of Use, our Privacy Policy, and all forms, brochures, and information referenced or connected by a link). The Web Site is for informational purposes only and is not an advertisement.
Your access to and use of the Web Site is subject to these Terms of Use and all applicable laws and regulations. The Terms of Use constitute a legal agreement between you and Berkshire. The Web Site is available only to, and may only be used by, individuals who can form legally binding contracts under applicable law. Without limiting the foregoing, the Web Site is not available to persons under age 18. By accessing and using the Web Site, you accept and agree to be bound by, without qualification, these Terms of Use regardless of whether you have read through all of the applicable terms. If you do not approve and accept these Terms of Use without qualification, you should exit the Web Site immediately. Your continued use of the Web Site will indicate your acceptance of the Terms of Use.
Please direct any questions or concerns about Berkshire, these Terms of Use or the Web Site to [info@berkshiresettlements.com].
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.
Except as expressly permitted in the Web Site or by Berkshire, the Web Site is for your personal and non-commercial use. Berkshire grants you a non-exclusive, non-transferable, and limited personal license to access and use the Web Site, conditioned on your continued compliance with these Terms of Use. Except as expressly permitted in the Web Site or by Berkshire, you may not modify, copy, distribute, transmit, display, publish, license, create derivative works from, or sell any information, products or services obtained from or otherwise referenced in the Web Site.
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.
BERKSHIRE AND ANY PERSON CREATING OR TRANSMITTING INFORMATION ACCESSIBLE THROUGH THE WEBSITE SHALL NOT BE LIABLE FOR ANY INFECTION BY VIRUSES OF FOR DAMAGE TO ANY COMPUTER OR SOFTWARE THAT RESULTS FROM YOUR USE OF, ACCESS TO, OR DOWNLOADING OF ANY SUCH INFORMATION. IF YOU ARE DISSATISFIED WITH THE INFORMATION, PRODUCTS, OR SERVICES OFFERED AT THE WEBSITE OR WITH THE TERMS AND CONDITIONS OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF AND ACCESS TO THE SITE. IT IS THE USER’S RESPONSIBILITY TO USE APPROPRIATE MEASURES, SUCH AS ANTI-VIRUS SOFTWARE, TO PROTECT THE USER’S INFORMATION TECHNOLOGY ASSETS.
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.
The Web Site and all of its content, including but not limited to all text, graphics, charts, audio, logos, images, forms, brochures, data compilations, icons, code, and software (“Content”), are the property of Berkshire and are protected by U.S. and international copyright laws, with all rights reserved unless otherwise noted. All trademarks, service marks, trade names, and other product and service names and logos displayed on the Web Site are proprietary to Berkshire, including all registered and unregistered trademarks and service marks of Berkshire. If the Web Site includes any trademarks, service marks, trade names, or logos of any third parties, such items are the proprietary marks and names of their respective owners, and are protected by applicable trademark and intellectual property laws. Your use of any Content, whether owned by Berkshire or any third party, without Berkshire’s express written permission, is strictly prohibited except as otherwise expressly permitted in these Terms of Use. Without limiting the foregoing, you are prohibited from using any of Berkshire’s copyrighted material or trademarks for any purpose, including, but not limited to, use as metatags, links, or otherwise on any Web Site, without the prior written permission of Berkshire.
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.
Berkshire may, at its discretion, change, modify, add, or remove portions of the Web Site, including without limitation, these Terms of Use at any time without notice to you. We suggest that you check these Terms of Use periodically for changes. These Terms of Use can be accessed from the link at the bottom of each page. If you use the Web Site after we post changes to these Terms of Use, you accept the changed Terms of Use. Berkshire expressly reserves the right to monitor any and all use of the Web Site.
10. Indemnity.
You agree, at your own expense, to indemnify, defend, and hold harmless Berkshire, its parents, subsidiaries, and affiliates, and their officers, partners, managers, members, employees, agents, advisors, vendors, servicers, suppliers, distributors, and licensees, from and against any judgments, losses, deficiencies, damages, liabilities, investigations, inquiries, costs, claims, demands, suits, and expenses (including, without limitation, reasonable attorneys’ fees, and expenses) incurred in, arising out of or in any way related to your breach of these Terms of Use, your use of the Web Site or any product or service related thereto, or any of your other acts or omissions.
11. Jurisdictional Issues and Applicable Law.
Unless otherwise specified, Berkshire controls and operates the Web Site from its offices within the State of Georgia, United States of America. Berkshire does not claim that materials in the Web Site are appropriate or available for use in locations other than Georgia. If you choose to access the Web Site from other locations, you do so on your own initiative, and you are responsible for compliance with any applicable local laws. These Terms of Use are governed by the laws of the State of Georgia, without regard to its choice of law provisions. You hereby consent to the exclusive and personal jurisdiction and venue of courts in the City of Atlanta, Georgia and Fulton County, Georgia, which shall have exclusive jurisdiction over any and all disputes arising out of or relating to these Terms of Use, the use of the Web Site or any product or service related thereto. Use of the Web Site is unauthorized in any jurisdiction that does not give effect to all of the terms and conditions in these Terms of Use, including without limitation this paragraph.
12. Miscellaneous.
Entire Agreement.
These Terms of Use, and our Privacy Policy, (which is incorporated into these Terms by this reference), constitute the entire agreement between you and Berkshire with respect to the Web Site and they supersede all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and Berkshire with respect to the Web Site. Except for these Terms of Use, no statement on the Web Site constitutes a separate contract, a representation or warranty, an offer to enter into a contract, and no statement by Berkshire or on the Web Site is (or shall be deemed to be) incorporated by implication, reference, or otherwise into any contract of Berkshire. The only terms and conditions applicable to performance by Berkshire are the terms and conditions expressly stated in a separate written agreement executed by Berkshire.
No Relationship.
You agree that no joint venture, partnership, employment, contractor, or agency relationship exists between you and Berkshire as a result of these Terms of Use or use of the Web Site.
Severability.
If any part of these Terms of Use is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth herein, then the invalid or unenforceable provision shall be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms of Use shall continue in effect.
Binding Authority.
By reviewing or using the information on the Web Site upon accessing the Web Site, you represent and warrant that (a) you have the authority to enter into these Terms of Use and create a binding contractual obligation, (b) you understand and intend these Terms of Use to be the legal equivalent of a signed, written contract equally binding. You agree to be bound by any agreement or consent you transmit to or through the Web Site via any media or electronic device, including internet, telephone, and wireless devices.
Compliance with Laws.
By reviewing or using the information on the Web Site upon accessing the Web Site, you represent, warrant, and agree with Berkshire that you will not use the Web Site for any purpose that is unlawful or prohibited by these Terms of Use, as Berkshire may amend them online or otherwise from time to time. A printed version of these Terms of Use and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based on or relating to these Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
Amendments.
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.
No Waiver.
No provision of these Terms of Use shall be waived except pursuant to a writing executed by the party against whom the waiver is sought. No failure to exercise, partial exercise of, or delay in exercising any right or remedy under these Terms of Use shall operate as a waiver or estoppel of any right, remedy, or condition. If any provision of these Terms of Use is held invalid, illegal, or unenforceable, the validity, legality, and enforceability of the remaining provisions will not be affected or impaired. You may not assign, transfer, or sublicense any of your rights or obligations under these Terms of Use without Berkshire’s express prior written consent. Berkshire will not be responsible for failure to fulfill any obligation due to causes beyond Berkshire’s control.
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.
Equitable Relief.
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.
Assignment.
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.
Survival.
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.
Notices.
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.
Trademarks.
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.
Rights Reserved.
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.
