Terms of Use

Latest Revisions: July 14, 2015

Please read the terms of use below.

These Terms of Use state the terms and conditions under which Pennington Brokerage, LLC and its affiliate websites (“Pennington Brokerage, Pennington Life Insurance Services, Pennington Health Insurance Services, and Pennington Disability Insurance Services”) provide you (“you”) access to the Pennington Disability Insurance Services website (together with any sub-domains thereto and future sites operated by Pennington Brokerage, the “Sites,” which defined term includes the Services and Software as defined below).

By browsing, accessing, visiting, or using the sites and services (defined below), you are deemed to accept the terms of use, as well as our privacy policy and general disclaimer, as a binding agreement. if you do not wish to be bound by the terms of use, the privacy policy, or the general disclaimer, please do not access or use the services (as defined below). Your use of the sites, services and information provided must in all cases comply with all applicable laws and regulations.

Description of sites, services, and software

Pennington Brokerage provides users with access to its website information resources and certain software that may be used in connection with the its websites, including, but not limited to, financial calculators, articles and a questions and answers area on the website. Unless explicitly stated otherwise, any modifications, updates, new features, or enhancements to the current Services are also subject to the Terms of Use.

Acceptance of terms and changes to terms of use

Pennington Brokerage provides the Services to you subject to the following Terms of Use, which may be updated by us from time to time at our discretion. Each time changes are made to the Terms of Use, a revised Terms of Use will be posted on this website. Your continued use of the Services, following the posting of changes constitutes your acceptance of such changes. If you do not wish to be bound by the Terms of Use, you should discontinue your use of the Services provided by this website.

Your license to use the services

Pennington Brokerage grants you a personal, non-exclusive, non-transferable, revocable license to use the Services, including the Sites and Software. You may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit any of the content included in the Services, in whole or in part. You may download copyrighted material for your personal use only. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication, or commercial exploitation of downloaded material will be permitted without the express permission of Pennington Brokerage and the copyright owner. In the event of any permitted copying, redistribution, or publication of copyrighted material, no changes in or deletion of author attribution, trademark legend, or copyright notice shall be made. You acknowledge that you do not acquire any ownership rights by downloading copyrighted material.

Except as otherwise expressly permitted in this Agreement, you may not: (i) decompile, reverse engineer, reverse assemble or otherwise attempt to discover any source code, except as otherwise permitted by applicable law; or (ii) remove or alter any trademark, logo, copyright or other proprietary notices, legends, symbols or labels on the Services. You may not access the Services by any means other than through the interface that is provided by Pennington Brokerage. Furthermore, you may not use the Services in any manner that could damage, disable, overburden, or impair the Services (e.g., you may not access the Services in an automated manner by use of “spiders”, “robots” or otherwise), nor may you use the Services in any manner that could interfere with any other party’s use and enjoyment of the Services. You are not permitted to retrieve and store in electronic or any other form any material part of the databases underlying the Services. All commercial and/or unauthorized use of the Services is strictly prohibited. You agree not to use or resell the Services for any commercial purpose, including, but not limited to, sending unsolicited commercial messages.

The Services remain at all times the sole property of Pennington Brokerage or its third party licensors, and their use is subject to the copyright and trademark notices that are found below. All rights in the Services not expressly granted to you by Pennington Brokerage under the Terms of Use are retained by Pennington Brokerage.

Privacy policy

Pennington Brokerage protects your personally identifiable data as set forth in Pennington Brokerage’ Privacy Policy below. The Privacy Policy explains our collection and use of personally identifiable information. We encourage you to review our Privacy Policy before you use the Services.

Links or co-branding

This website may provide links to other websites. Additionally, in many cases, co-branded services that are jointly provided by us and selected companies will contain the Services’ branding, but might not be hosted by us. Because Pennington Brokerage has no control over such sites, you acknowledge and agree that Pennington Brokerage is not responsible for the availability of such external or co-branded sites, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites. You should not attribute any views or information on such sites to Pennington Brokerage.

Modifications to the services

Pennington Brokerage reserves the right at any time, to modify, suspend, or discontinue, temporarily or permanently, the Services (or any part thereof) with or without notice. You agree that Pennington Brokerage shall not be liable to you or to any third party for any such modification, suspension or discontinuance.

You further acknowledge and agree that Pennington Brokerage shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or products available on or through any such linked site. You should follow the link to the terms of use on the appropriate web page for all sites to determine which company’s terms of use governs its sites.

Anyone linking to the Pennington Brokerage website must comply with the following guidelines and all applicable laws: A site that links to any Pennington Brokerage web page (i) may link to but not replicate any of Pennington Life Insurance Service’s content; (ii) should not create a browser or border environment around any Pennington Life Insurance Service’s content; (iii) should not imply that Pennington Brokerage is endorsing it or its products; (iv) should not misrepresent its relationship with Pennington Brokerage; (v) should not present false information about Pennington Brokerage or its websites such as Pennington Life Insurance Services; (iv) should not use any Pennington Brokerage trademark, trade name, or logo without permission from Pennington Brokerage; and (vi) should not contain content that is reasonably considered profanity, defamatory, vulgar, or otherwise unlawful.

Disclaimer

We do not independently verify the accuracy or reliability of the services. Additionally, the services are provided on an “as is” and “as available” basis, without warranty of any kind. We, specifically disclaim all warranties, express or implied, including, but not limited to, warranties of merchantable, fitness for a particular purpose, and non-infringment.

Posting content to the services on a forum or contact form

Pennington Brokerage may permit you to post, submit transmit, email, or otherwise make available questions, comments, or information (collectively, “Postings”) to our websites, including Pennington Life Insurance Services. You may only submit Postings that you created or that you have permission to submit and that do not violate copyright, trademark, or any other rights of third parties. We do not claim ownership of any Postings that you may submit. However, by submitting Postings to any of the other Services, you grant us, our subsidiaries, affiliates, successors, and assigns a perpetual, irrevocable, worldwide, royalty-free, fully-paid, non-exclusive, and sub-licensable license to use, copy, display, distribute, modify, adapt, publish, translate, publicly perform and publicly display the Postings (in whole or in part) and to incorporate the Postings into other works in any format or medium now or later known.

You may not upload, post, submit, email, transmit, or otherwise make available any Postings that (i) contain falsehoods or misrepresentations that could damage Pennington Brokerage or any third party; (ii) are unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourage conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or are otherwise inappropriate; (iii) contain advertisements, solicitations of business or spam; (iv) disseminate or transmit any worms, viruses or other harmful, disruptive or destructive files, code or programs; (v) collect or store personal information about others or otherwise invade their privacy; or (vi) impersonate another person or forge headers or use any other method to disguise the true origin of the Posting. Additionally, you may not submit any Postings that violate the Terms of Use.

You acknowledge that Pennington Brokerage is not obligated to pre-screen content submitted by members, but that Pennington Brokerage shall have the right (but not the obligation) in their sole discretion to refuse or remove any content that is made available via Pennington Brokerage by any user that violates the Terms of Use or is otherwise objectionable.

Pennington Brokerage respects the intellectual property of others and asks you to do the same. Pennington Brokerage may, in appropriate circumstances and at its sole discretion, terminate your right to use any of the Services for any reason, including, but not limited to, if you are a repeat infringer. If you believe that your work has been copied in a way that constitutes copyright infringement or your intellectual property rights have been otherwise violated, please see Notice of Claims of Intellectual Property Violations and Agent for Notice.

Pennington Brokerage makes no warranty that: (i) the services will meet your requirements, (ii) the provision of the services will be uninterrupted, secure or error-free, (iii) the results that may be obtained from the use of the services will be accurate or reliable, (iv) the quality of any products, software, services, information, or other material purchased or obtained by you through the use of the services will meet your expectations, or (v) any errors in the services will be corrected. Neither we, nor our licensors or suppliers, guarantee the reliability, accuracy, completeness, safety, timeliness, legality, usefulness, adequacy or suitability of any of the services. The services may be harmful, untimely, incomplete, or inaccurate and, accordingly, you agree to exercise caution, discretion and common sense when using the services.

You should not use the services for emergency purposes or to seek or provide diagnosis or treatment of medical, psychological or other problems or difficulties, or as a substitute for professional medical, psychological, tax, legal, investment, accounting, or other professional advice. The entire risk for use of the services is borne by you.

Additionally, please review our general disclaimer, which is hereby made a part of the terms of use.

Some jurisdictions do not allow the disclaimer of implied warranties, so a portion of the foregoing may not apply to you, in which case the duration of any such implied warranties is limited to the minimum period permissible under applicable law.

Limitation of liability

None of the licensors, contributors, sponsors, administrators, or anyone else connected with the services in any way whatsoever can be responsible for the appearance of any inaccurate information or for your use of the information contained in or linked from the services.

To the maximum extent permitted by applicable law, in no event will we, or our licensors and suppliers, be liable for any indirect, special, incidental, consequential or punitive damages arising out of the use of or inability to access the services, including, without limitation, damages for loss of goodwill, work disruptions, computer failure or malfunction, or any and all other commercial damages or losses, even if advised of the possibility thereof, and regardless of the legal or equitable theory (contract, tort, breach of warranty or otherwise) upon which the claim is based.

Neither we nor our licensors or suppliers are responsible for any liability arising out of the services and/or any material linked through the services. Some jurisdictions do not permit some of the above limitations of liability, and therefore this may not apply to you.

Trademark notices

The Pennington Brokerage, Pennington Life Insurance Services, trademarks and logos are trademarks of Pennington Brokerage or its third-party licensors. Without our written prior permission, or that of applicable third parties, you agree not to display, or use in any manner, the marks of Pennington Brokerage. The trademarks, logos, and service marks not owned on behalf of Pennington Brokerage and that are displayed on the Services are the registered or unregistered marks of their respective owners. No rights are granted by Pennington Brokerage to use such marks, whether by implication, estoppel, or otherwise.

Indemnification

You agree to indemnify and hold Pennington Brokerage, its subsidiaries and affiliates, and their respective officers, directors, employees, and agents harmless from and against any and all liability, losses, claims, demands or costs of any kind, including reasonable attorneys’ fees and costs of litigation, arising from (i) your Postings or other content you submit, post, transmit, email, or otherwise make available through the Services, (ii) your use of or reliance on the Services, (iii) your connection to the Services, (iv) your violation of the Terms of Use, or (v) your violation of any rights of another party.

Choice of law and forum

The Terms of Use and the relationship between you and Pennington Brokerage shall be governed by the laws of the State of georgia without regard to its conflict of law provisions. You and Pennington Brokerage agree to submit to the personal and exclusive jurisdiction and forum convenience of the federal and state courts located in the State of Georgia.

Severability; english language

If any provision in the Terms of Use should be held illegal or unenforceable by a court of competent jurisdiction, such provision shall be modified to the extent necessary to render it enforceable without losing its intent, or severed from the Terms of Use if no such modification is possible, and the other provisions of the Terms of Use shall remain in full force and effect. The controlling language of the Terms of Use is English. If you have received a translation into another language, it has been provided for your convenience only.

Locations outside the United States

If you are located outside the U.S., then you are responsible for complying with any local laws in your jurisdiction that might impact your right to use the Services, and you represent that you have complied with any regulations or registration procedures required by applicable law to make the Terms of Use enforceable.

Entire agreement

The Terms of Use constitute the entire agreement between you and Pennington Brokerage and govern your use of the Services, superseding any prior agreements between you and Pennington Brokerage. Please note, however, that some Services may have additional or different terms related specifically to such Service only (“Service Terms”). The Service Terms are in addition to the general terms and conditions in the Terms of Use. If there is any conflict between the Terms of Use and the Service Terms, the Service Terms will govern with respect to that particular Service. Some terms contained in the Terms of Use may not be applicable to a particular Service, in which case, such inapplicable terms will not apply to you with respect to that particular Service.

Privacy Policy

Latest Revisions: March 3, 2010

Collecting and using personal information

When you visit and navigate our sites and when you communicate with us via our sites, we will not collect personal information about you unless you provide us that information voluntarily. Any non-public personal information that you may provide via our sites will be used solely for the purpose stated on the page where it is collected.

Pennington Brokerage will not sell, license, transmit or disclose this information outside of Pennington Brokerage and its affiliated companies unless (a) expressly authorized by you, (b) necessary to enable Pennington Brokerage contractors or agents to perform certain functions for us, or (c) required or permitted by law. In all cases, we will disclose the information consistent with applicable laws and regulations and we will require the recipient to protect the information and use it only for the purpose it was provided.

Email

We welcome your comments or questions about our websites and have provided contact forms for that purpose. We will share your comments and questions with our customer service representatives and those employees most capable of addressing your questions and concerns.

Please note that your email, like most, if not all, non-encrypted internet email communications, may be accessed and viewed by other internet users, without your knowledge and permission, while in transit to us. For that reason, to protect your privacy, please do not use email or contact forms to communicate information to us that you consider confidential.

There may be some locations on Pennington Brokerage websites where we have made special provisions for a more secure environment in which we can exchange information with you. At each of these locations, we will provide you with appropriate instructions.

Other information; “cookies” and “tags”

You should also be aware that when you visit our websites, we collect certain information that does not identify you personally, but provides us with “usage data,” such as the number of visitors we receive or what pages are visited most often. This data helps us to analyze and improve the usefulness of the information we provide at these websites.

Like most commercial website owners, we may use what is known as “cookie” technology. A “cookie” is an element of data that a website can send to your browser when you link to that website. It is not a computer program and has no ability to read data residing on your computer or instruct it to perform any step or function. By assigning a unique data element to each visitor, the website is able to recognize repeat users, track usage patterns and better serve you when you return to that site. The cookie does not extract other personal information about you, such as your name or address.

USD also uses services such as Google Analytics, which will issue cookies from their own servers and which will be able to track Web site visitors throughout USD Web pages and through any other sites that use those services. USD does not control how those cookies are issued, or the data that they store.

This website uses Google Analytics, a web analytics service provided by Google, Inc. (“Google”). Google Analytics uses “cookies”, which are text files placed on your computer, to help the website analyze how users use the site. The information generated by the cookie about your use of the website (including your IP address) will be transmitted to and stored by Google on servers in the United States. Google will use this information for the purpose of evaluating your use of the website, compiling reports on website activity for website operators and providing other services relating to website activity and internet usage. Google may also transfer this information to third parties where required to do so by law, or where such third parties process the information on Google’s behalf. Google will not associate your IP address with any other data held by Google. You may refuse the use of cookies by selecting the appropriate settings on your browser, however please note that if you do this you may not be able to use the full functionality of this website. By using this website, you consent to the processing of data about you by Google in the manner and for the purposes set out above.

We may also use what is known as “client-side page tagging”, which uses code on each page to write certain information about the page and the visitor to a log when a page is rendered by your web browser. This technique is also commonly used on commercial websites. “Tagging” does result in a JavaScript program running on your computer, but it is limited to providing information about the page that you are requesting and the configuration of your browser. It will not read any of your data files, or execute any additional programs. It does not extract any personal information about you, such as your name or address. You can prevent tagging by disabling JavaScript in your browser, but that may prevent you from using all of our website’s functions.

Linking to other sites

From time to time, Pennington Brokerage websites may provide links to other websites, not owned or controlled by Pennington Brokerage, that we think might be useful or of interest to you. We cannot, however, be responsible for the privacy practices used by other website owners or the content or accuracy of those other websites. Links to various non-Pennington Brokerage websites do not constitute or imply endorsement by Pennington Brokerage of these websites, any products or services described on these sites, or of any other material contained in them.

Security

Pennington Brokerage has adopted and adheres to stringent security standards designed to protect non-public personal information at penningtonlifeinsurance.com against accidental or unauthorized access or disclosure. Among the safeguards that Pennington Brokerage has developed for this site are administrative, physical and technical barriers that together form a protective firewall around the information stored at this site.

Changes to this statement

We may change this Statement from time to time; when updates are made, the Privacy Policy version date (located at the top of this Policy) will also be updated to reflect that a revision occurred. We encourage you to periodically reread this Policy to see if there have been any changes that may affect you. This Statement is not intended to and does not create any contractual or other legal rights in or on behalf of any party.