Terms and Conditions

Terms of Use

Effective Date: April 2023

It is important to us that you, and our other visitors, have a special experience while using the Services, and that, when you use the Services, you are fully aware of your respective legal rights and obligations. For that reason, we have created these Terms as the legally binding terms to govern your use of the Services.

Please read these Terms carefully before using the Services, because they affect your legal rights and obligations (e.g., requiring arbitration and no class relief and limiting our liability).

You Accept These Terms.

If you do not agree with any of these Terms, including the Privacy Policy incorporated here, please do not use the Services. By using the Services, you will be deemed to have irrevocably agreed to these Terms. Some areas of the Services may be subject to additional terms and conditions, which you should read carefully before making any use of those areas. Such additional terms will not change or replace these Terms regarding use of the Services, unless otherwise expressly stated.

 

Updates to Terms.

Please note that these Terms may be revised and reissued, prospectively, by posting updated terms on the Site. You consent and agree to receive notices of updates of these Terms through our posting of updated Terms on the Site. You should visit this page regularly to review the current terms. Your continued use of the Services will be deemed as irrevocable acceptance of any revisions.

Legal Capacity.

This is a general audience site for adults. We will assume (and by using the Services you warrant that) you have legal capacity to enter into the agreement set out in these Terms (i.e., that you are of sufficient age and mental capacity and are otherwise entitled to be legally bound in contract).

No Solicitation or Offer.

The Site is designed to provide general information about us, our products and services, and our related companies. Information on the Site is not intended to constitute an offer to sell or a solicitation of any particular product or service. Any insurance product described on the Site may have exclusions, limitations, reductions in benefits, and terms under which it may be continued in force or discontinued. For more information, please consult an Authorized Representative and your policy. Some products and/or services may not be available in all states or countries.

You Must Provide Accurate Information.

To access the Services or some of the resources it has to offer, you may be asked to provide registration and/or account details. It is a condition of use of the Services that all the details you provide be correct, current, and complete. If we believe the details are not correct, current, or complete, we have the right to refuse you access to the Services or any of its resources, and to terminate or suspend your account.

Online Privacy Notice.

Your privacy is important to us. To better protect your privacy, we provide a notice explaining our online information practices and the choices you can make about the way your information is collected and used by the Services. Our Privacy Notice forms part of these Terms.

 

Disclaimer of Warranties.

YOUR USE OF THE SERVICES IS AT YOUR OWN RISK. THE SERVICES AND ALL THE MATERIALS, INFORMATION, SOFTWARE, FACILITIES, SERVICES AND OTHER CONTENT IN THE SERVICES ARE PROVIDED AS IS AND AS AVAILABLE WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, THE SERVICES AND TOLIC/TOLICA DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. TOLIC/TOLICA DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SERVICES WILL BE AVAILABLE, UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVERS THAT MAKE THE SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TOLIC/TOLICA DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIAL, INFORMATION, SOFTWARE, FACILITIES, SERVICES, OR OTHER CONTENT ON THE SITE OR ANY WEBSITES LINKED TO THE SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. TOLIC/TOLICA MAKES NO WARRANTIES THAT YOUR USE OF THE MATERIALS, INFORMATION, SOFTWARE, FACILITIES, SERVICES, OR OTHER CONTENT OF THE SERVICES OR ANY WEBSITE WILL NOT INFRINGE THE RIGHTS OF OTHERS, AND TOLIC/TOLICA ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN SUCH MATERIALS, INFORMATION, SOFTWARE, FACILITIES, SERVICES, OR OTHER CONTENT OF THE SERVICES OR ANY OTHER WEBSITE. IF APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF SOME OR ALL OF THE ABOVE IMPLIED WARRANTIES TO APPLY TO YOU, THE ABOVE EXCLUSIONS WILL APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW.

Limitation of Liability.

TRANS-OCEANIC LIFE INSURANCE COMPANY (TOLIC) AND TRANS-OCEANIC LIFE INSURANCE COMPANY OF AMERICA (TOLICA) DISCLAIMS ALL LIABILITY, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, AND DOES NOT ACCEPT ANY LIABILITY FOR ANY LOSS OR DAMAGE (DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPLARY, OR OTHERWISE) (DAMAGES) RESULTING FROM ANY USE OF, OR INABILITY TO USE, THE SERVICES OR ANY OTHER WEBSITE, OR THE MATERIAL, INFORMATION, SOFTWARE, FACILITIES, SERVICES, OR OTHER CONTENT OF THE SERVICES OR ANY OTHER WEBSITE, REGARDLESS OF THE BASIS UPON WHICH LIABILITY IS CLAIMED AND EVEN IF TOLIC/TOLICA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES. WITHOUT LIMITATION, YOU (AND NOT TOLIC/TOLICA) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION IN THE EVENT OF ANY SUCH LOSS OR DAMAGES ARISING THEREIN. SOME JURISDICTIONS DO NOT ALLOW ALL OR ANY PART OF THE ABOVE LIMITATION OR EXCLUSION OF LIABILITY; AS A RESULT, THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

Trademarks and Copyrights.

The Services, software and materials incorporated by TOLIC/TOLICA for the Services (“Material”) are protected by copyrights, patents, trade secrets, license agreements or other proprietary rights (“Copyrights”). Some of the characters, logos, or other images incorporated by TOLIC/TOLICA for the Services are also protected as registered or unregistered trademarks, trade names, and/or service marks owned by TOLIC/TOLICA or others (“Trademarks”). TOLIC/TOLICA respects the intellectual property rights of others and asks users of the Services to do the same.

Permitted Uses.

Your right to make use of the Services and any Material or other content appearing on it is subject to your compliance with these Terms. Modification or use of the Material or any other content of Services for any purpose not permitted by these Terms may be a violation of the Copyrights and/or Trademarks protected by law and these Terms, and is prohibited.

You may access and display Material and all other content displayed on this Site for non-commercial, private and personal use only. The Material and all other content of the Services may not otherwise be copied, modified, reproduced, republished, uploaded, posted, transmitted, distributed, displayed, licensed or used in any way unless specifically authorized by TOLIC/TOLICA. Any authorization to copy Material granted by TOLIC/TOLICA in any part of the Services for any reason is restricted to making a single copy for non-commercial, personal use only, and is subject to your keeping intact all copyright and other proprietary notices. Using any Material on any other website or networked computer environment is prohibited. Also, decompiling, reverse engineering, disassembling, or otherwise reducing the code used in any software of the Services into a readable form in order to examine the construction of such software, and/or to copy or create other products based (in whole or in part) on such software is prohibited.

Invited Submissions.

From time to time, TOLIC/TOLICA may expressly request submissions of content from you, such as testimonials regarding your experiences with TOLIC/TOLICA (“Invited Submissions”). Where this is the case, please carefully read any specific rules or other terms and conditions which appear elsewhere on this Site to govern those submissions (“Additional Terms”), as they will affect your legal rights. If no Additional Terms govern those submissions, then these Terms will apply in full to any Invited Submissions you make. IN ANY EVENT, ANY MATERIAL YOU SEND TO US WILL NOT BE TREATED AS CONFIDENTIAL. Regardless of any industry custom or practice, we will not pay you for the use of any content that you submit to the Services.

Our Use of Content.

TOLIC/TOLICA will consider anything you provide to us and/or contribute to the Services as available for our use, free of any obligations to you (including any payment), except where Invited Submissions are expressly governed by Additional Terms appearing elsewhere on this Site (see Invited Submissions above), in which event, those Additional Terms will determine how we will treat your Invited Submissions. Under no circumstances will we pay you for the use of your ideas or submissions.

 

Product Specifications; Pricing; Typographical Errors.

We do our best to describe every product or service offered through the Services as accurately as possible. However, we are human, and therefore we do not warrant that product specifications, pricing, or other content of the Services is complete, accurate, dependable, current, or error-free. In the event of any errors relating to the pricing or specifications, TOLIC/TOLICA shall have the right to refuse or cancel any orders in its sole discretion. If we charged your credit card or other account prior to cancellation, we will issue a credit to your account in the amount of the charge. Additional Terms may apply.

Seller; Risk of Loss.

TOLIC/TOLICA is or may be the seller of various goods and services through the Services. All items purchased from the Services are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon delivery to the carrier.

Indemnity.

You agree to defend, indemnify, and hold harmless TOLIC/TOLICA, its affiliates and subsidiaries, and its officers, directors, employees, principals, agents, distributors, representatives, proprietors, partners, shareholders, predecessors, successors and assigns from and against any and all claims, demands, liabilities, costs or expenses, including reasonable attorney’s fees, resulting from your breach of these Terms, including any of the foregoing provisions, representations or warranties, from your placement or transmission of any content onto TOLIC/TOLICA’s servers, and/or from any and all use of the Services or your account.

System Abuse.

Without limitation, you agree not to send, create, or reply to so called “mailbombs” (i.e., emailing copies of a single message to many users, or sending large or multiple files or messages to a single user with malicious intent) or engage in “spamming” (i.e., unsolicited emailing for business or other purposes), or undertake any other activity which may adversely affect the operation or enjoyment of the Services by any other person. You are prohibited from using any services or facilities provided in connection with the Services to compromise security or tamper with system resources and/or accounts. The use or distribution of tools designed for compromising security (e.g., password guessing programs, cracking tools, malware, or network probing tools) is strictly prohibited. If you become involved in any violation of system security, TOLIC/TOLICA reserves the right to release your details to system administrators at other sites, law enforcement, and/or governmental authorities in order to assist them in resolving security incidents.

You may not reproduce, sell, resell, or otherwise exploit any resource, or access to any resource, contained on the Services. In addition, you are prohibited from removing any material inserted by TOLIC/TOLICA anywhere on the Site (e.g., on any web space made available for your use).

Passwords and Security.

Any usernames and passwords used for the Services are for individual use only. You shall be responsible for maintaining the security and confidentiality of your username and password (if any). TOLIC/TOLICA shall be entitled to monitor your username and password and, at its discretion, require you to change it. If you use a username and password that TOLIC/TOLICA considers insecure, we will be entitled to require this to be changed and/or terminate your account.

Investigations.

TOLIC/TOLICA reserves the right to investigate suspected violations of these Terms and may seek to gather information from the user who is suspected of violating these Terms and from any other user. If TOLIC/TOLICA believes, in its sole discretion, that a violation of these Terms has occurred, it may terminate accounts, or take other corrective action it deems appropriate. TOLIC/TOLICA will fully cooperate with any law enforcement authorities or court order requesting or directing TOLIC/TOLICA to disclose the identity of anyone believed to violate these Terms. BY ACCEPTING THIS AGREEMENT, YOU WAIVE AND HOLD HARMLESS TOLIC/TOLICA FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY TOLIC/TOLICA DURING OR AS A RESULT OF ITS INVESTIGATIONS, AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUNCE OF INVESTIGATIONS BY TOLIC/TOLICA OR LAW ENFORCEMENT AUTHORITIES.

Service.

In order to use the Site, you must obtain access to the World Wide Web and possibly pay any service fee associated with that access. You will need to provide all equipment necessary to connect to the Site on the World Wide Web (including a computer, modem, mobile device, tablet, and/or other access devices).

Reservation of Rights.

TOLIC/TOLICA reserves the right to modify or discontinue, temporarily or permanently, all or any part of the Services and/or any software, facilities, and services on the Site, with or without notice, and/or to establish general guidelines and limitations on their use.

Local Regulations.

TOLIC/TOLICA makes no representation that Materials or other content on the Services are appropriate or available for use outside the United States, its territories, possessions, and protectorates. If you choose to access the Site from other locations, you do so on your own initiative and at your own risk.

You are responsible for complying with local laws, if and to the extent local laws are applicable. You specifically agree to comply with all applicable laws concerning the transmission of technical data exported from the United States or the country you reside in.

Third-Party Sites.

This Site may link you to other sites on the Internet. These sites may contain information or material that some people may find inappropriate or offensive. These other sites are not under the control of TOLIC/TOLICA, and you acknowledge that (whether or not such sites are affiliated in any way with TOLIC/TOLICA) TOLIC/TOLICA is not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such sites. The inclusion of such a link does not imply endorsement of any site by TOLIC/TOLICA, or any association with its operators.

TOLIC/TOLICA cannot ensure that you will be satisfied with any products or services that you purchase from any third-party site that links to or from TOLIC/TOLICA, since the third-party sites are owned and operated by independent parties. TOLIC/TOLICA does not endorse any of the products and services, nor has TOLIC/TOLICA taken any steps to confirm the accuracy or reliability of any of the information contained on such third-party sites. TOLIC/TOLICA does not make any representations or warranties as to the security of any information (including, without limitation, credit card and other personal information) you might be requested to give any third-party, and you irrevocably waive any claim against us with respect to such sites. We strongly encourage you to make whatever investigation you feel necessary or appropriate (such as reading the Terms of Use and Privacy Policies provided on any third-party site) before proceeding with any online transaction with any of these third parties.

Proprietary Online Services.

Any area of the Site that is accessed through any proprietary online service is subject to the rules, policies and guidelines of such proprietary online service.

Jurisdictional Issues.

The Materials and all other content of the Services are presented for the purpose of providing information regarding insurance products or services available in the United States and certain U.S. territories.

General.

 

If any provision of these Terms is adjudged, by written decision, to be unlawful, void, or for any reason, unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions. This is the entire agreement between you and TOLIC/TOLICA relating to the matters contained here and the Services.

We know that not all accidents are the same.

That’s why we offer you a variety of policies that you can customize to suit your needs by combining them with the various optional coverages available.