Terms of Use  

THESE TERMS OF USE CONTAIN: (1) AN ARBITRATION AGREEMENT AT SECTION M, WHICH INCLUDES A WAIVER OF YOUR RIGHT TO BRING CLAIMS AS CLASS ACTIONS; AND (2) THE RIGHT TO OPT OUT OF THE ARBITRATION PROVISION. 

This web site is owned by Mutual of Omaha Insurance Company and its affiliates (collectively, "Mutual").

Please read these Web Site Terms of Use ("Terms of Use") carefully before starting to use this web site. By accessing, viewing, or using the systems, services or materials on any sites linking to these Terms of Use (e.g., mutualofomaha.com, collectively known as the "Site"), you indicate your understanding of these Terms of Use, and further agree to accept such Terms of Use and to be legally bound by them. If you do not wish to agree to these Terms of Use, you should leave this Site.

"Materials" include information, forms, documents, Software and other content present on or available to you from the Site. "Software" means any computer software accessible to sales professionals who have registered to use our sales professionals’ Site. Mutual may withdraw, revise, enhance or update the Site, and any services or Materials provided on the Site at any time. Materials which offer descriptions or information on available products are intended as general information and may not contain complete descriptions of all applicable terms, exclusions and conditions.

The Site, and its content and functionality (including all information, Software, tests, displays, images, video and audio, and the design and arrangement thereof), are owned by Mutual, its licensors or other providers of the content and functionality, and are protected by United States copyright and other applicable laws. Likewise, all service marks, logos and Materials located on the Site are owned by Mutual unless otherwise indicated, and are also protected by United States copyright laws and all other applicable laws. Removal or reproduction, by any means, of any content and functionality, Materials, logo, service mark, or the name of Mutual, is expressly prohibited without the prior written consent of Mutual.

Mutual grants you a non-exclusive, non-transferable, temporary license to use Materials. Mutual may revoke your license to use any Material at any time, upon notice to you, if you fail to comply with these Terms of Use, or for any other reason. In no event shall the Materials be used in any manner which Mutual deems to be contrary to Mutual’s best interests.

Permission to use the Software is granted only if you have registered to use the Mutual sales professionals’ Site containing Software. If you are thus permitted to use the Software, Mutual grants you a non-exclusive, non-transferable, temporary license to use the Software. The Software is the sole and exclusive property of Mutual, or Mutual’s third party vendor, as identified by the Software. If Mutual’s authorization to use third party Software expires or terminates, your license to use the Software is immediately and automatically revoked. You agree to use the Software exclusively in conjunction with the marketing of Mutual’s products and in accordance with procedures established by Mutual. UNDER NO CIRCUMSTANCES OTHER THAN FOR BACKUP OR ARCHIVAL COPYING PURPOSES MAY YOU COPY THE SOFTWARE OR ANY PORTION THEREOF WITHOUT MUTUAL’S PRIOR WRITTEN CONSENT. YOU ARE NOT OTHERWISE AUTHORIZED TO COPY, REVERSE ENGINEER, DECOMPILE, OR USE THE SOFTWARE IN ANY MANNER OTHER THAN AS EXPRESSLY AUTHORIZED IN THESE TERMS OF USE.

If Mutual discloses at the time of your use or download of any Materials that Mutual will charge you for use of the Materials, then your use of those Materials means that you agree to pay to Mutual any license or use fee then being charged by Mutual to use specified Materials. All such fees are non-refundable.

Except as set forth in Mutual’s Privacy Policy or as required by privacy laws, if you elect to communicate with Mutual via the Site or e-mail, you acknowledge that the information contained in your message shall not be considered confidential and that Mutual shall be free to disclose or otherwise use such information contained therein without any liability or limitation, including but not limited to creating and marketing products and/or services using such information. Mutual is not responsible and shall not be liable for the contents of information, messages or other content posted to the Site by visitors or persons other than Mutual employees. Opinions or comments contained in such items reflect the views of the author and not of Mutual unless Mutual expressly states to the contrary.

The Site may, from time to time, contain links to other internet web sites for the convenience of users in locating information and services that may be of interest. You acknowledge that these third-party sites are maintained by persons or organizations which Mutual does not control, and Mutual expressly disclaims any responsibility for the content, the accuracy of the information and/or quality of products or services provided by or advertised on these third-party sites. Mutual does not control, endorse, promote, or have any affiliation with any other web site unless expressly stated in the Site or in the other web site.

Use of the Internet is solely at your own risk and is subject to all applicable state, national and international laws and regulations. While Mutual endeavors to apply security protocols which are necessary and appropriate to the types of electronic communications which occur through use of the Site, the confidentiality of any communication or material transmitted to or from Mutual via the Site, other web sites or internet e-mail cannot be guaranteed, including personal information such as your address or social security number. Mutual will not be liable for any loss resulting from a cause over which Mutual has no direct control, including but not limited to, failure of electronic or mechanical equipment or communication lines, telephone or other connection problems, computer viruses, unauthorized access, theft, operator errors, severe weather, earthquakes, natural disasters, strikes or other labor problems, wars, or governmental restrictions.

USE OF THIS SITE IS ENTIRELY AT YOUR OWN RISK. IN NO EVENT SHALL MUTUAL BE LIABLE TO YOU, OR TO ANY THIRD PARTIES, FOR ANY DAMAGES YOU OR A THIRD PARTY MAY SUSTAIN DUE TO YOUR USE OR INABILITY TO USE THE SITE OR ANY MATERIALS, EVEN IF MUTUAL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. MUTUAL SHALL NOT BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOST REVENUES OR LOST PROFITS, WHICH MAY RESULT FROM THE USE OF, ACCESS TO, OR INABILITY TO USE THESE MATERIALS. UNDER NO CIRCUMSTANCES WILL THE TOTAL LIABILITY OF MUTUAL TO YOU EXCEED THE PRICE PAID FOR USE OF THE SITE. THE SITE AND MATERIALS ARE PROVIDED "AS IS." TO THE MAXIMUM EXTENT PERMITTED BY LAW, MUTUAL DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. THE INFORMATION PRESENTED ON OR THROUGH THE SITE IS MADE AVAILABLE FOR GENERAL INFORMATIONAL PURPOSES ONLY AND MUTUAL DOES NOT WARRANT THE ACCURACY, COMPLETENESS OR USEFULNESS OF THIS INFORMATION. MUTUAL DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SITE OR ANY MATERIALS WILL MEET ANY REQUIREMENTS OR NEEDS YOU MAY HAVE, OR THAT THE SITE OR ANY MATERIALS WILL OPERATE IN AN ERROR-FREE OR UNINTERRUPTED FASHION, OR THAT ANY DEFECTS OR ERRORS IN THE SITE OR MATERIALS WILL BE CORRECTED, OR THAT THE SOFTWARE IS COMPATIBLE WITH ANY PARTICULAR PLATFORM. SOME JURISDICTIONS DO NOT ALLOW THE WAIVER OR EXCLUSION OF IMPLIED WARRANTIES SO THEY MAY NOT APPLY TO YOU.

You agree to defend, indemnify, and hold harmless Mutual, its affiliates and subsidiaries, and all of their respective directors, officers, employees, representatives, proprietors, partners, shareholders, members, employees, principals, agents, predecessors, successors, assigns, and attorneys from and against any and all claims, proceedings, damages, injuries, liabilities, losses, costs, and expenses (including attorneys’ fees and litigation expenses) relating to or arising from your use of the Site, any breach by you of these Terms of Use, your negligent or intentional acts, errors or omissions in regard to the subject matter of these Terms of Use, or your failure to comply with applicable laws.

These Terms of Use are governed by the laws of the State of Nebraska without regard to that state's principles of conflicts of laws. You consent to the jurisdiction of the federal and state courts presiding in Omaha, Nebraska, and irrevocably agree to accept service of process by mail, and hereby waive any and all jurisdictional and venue defenses otherwise available. This Site is intended solely for visitors within the United States and is controlled and operated by Mutual from its offices within the United States. Mutual makes no representation that Materials on the Site are appropriate or available for use in other locations, and access to them from territories where their contents are illegal is prohibited. Those who choose to access this Site from other locations do so of their own volition, agree to use the Site only for lawful purposes, and are responsible for compliance with applicable laws.

The product information contained on this Site has been prepared for informational purposes only and is not intended to constitute a solicitation or offer for sale, unless specifically indicated otherwise. All products listed may not be available in all states. For further information, please contact your nearest Mutual representative who can provide you with costs and complete details.

Scope. Except as expressly provided below, You and Mutual agree that to the fullest extent permitted by applicable law, any dispute arising out of or relating in any way to this Agreement, a similar prior agreement, communications (including calls and texts) between You and Mutual, or the relationship between You and Mutual except as noted below (in “Exclusions and Limitations”) (including existing disputes and those occurring prior to the date of this Agreement) (collectively, “Claims”) will, at the election of either party, be resolved by arbitration, including any dispute about arbitrability, such as scope, applicability, and enforceability. The right and obligation to arbitrate under this Section shall extend to all Claims, including those against or involving third parties such as Mutual or its affiliated entities’ officers, callers, directors, employees, agents, policyholders, shareholders, members, partners, subsidiaries, joint venturers, contractors, entities who products are being sold on communications, or the third-party recipients of any leads or information from Mutual, all of which are intended beneficiaries of this Arbitration Agreement and may enforce its terms, if they so elect, as if they were parties.

Rules and Selection of Arbitrator. Except as expressly provided herein, any arbitration will be conducted pursuant to the applicable rules (the “Arbitration Rules”) of the American Arbitration Association. Should the AAA be unavailable, unable, or unwilling to accept and administer the arbitration of any claim under these arbitration provisions as written, the parties shall agree to use Judicial Arbitration and Mediation Services (“JAMS”) pursuant to their applicable arbitration rules. The arbitrator will be a practicing attorney with expertise in litigating and/or presiding over cases involving the substantive legal areas involved in the dispute.

Federal Arbitration Act. You and Mutual specifically agree and acknowledge that this agreement memorializes a transaction involving interstate commerce, and that the Federal Arbitration Act governs the interpretation and enforcement of these arbitration provisions. More information about arbitration, including the Arbitration Rules, is available at www.adr.org or by calling 1-800-778-7879.

Offers and good faith claims. To the extent not inconsistent with the Arbitration Rules, You and Mutual agree that either party may serve upon the other a written offer to settle a Claim (“Settlement Offer”) for the money specified in the Settlement Offer and to enter an agreement dismissing the Claim. If Mutual makes a Settlement Offer that is rejected by You, Mutual is entitled to recover its reasonable attorneys’ fees and expenses (or on its behalf) from the date of the rejection of the Settlement Offer through the later of the entry of the arbitrator’s award or the subsequent confirmation of said award if the arbitrator’s award is one of no liability or the award obtained by You is less than 75 percent of such a Settlement Offer. If You make a Settlement Offer that is rejected by Mutual and You obtain an arbitrator’s award in an amount greater than 125 percent of the Settlement Offer, You shall be entitled to recover reasonable attorneys’ fees and expenses incurred by You (or on Your behalf) from the date of the rejection of the Settlement Offer through the later of the entry of the arbitrator’s award or the subsequent confirmation of said award. For the avoidance of doubt, attorneys’ fees shall be considered part of the arbitrator’s award, including for evaluating if the award exceeds or is less than the Settlement Offer, if awarded pursuant to applicable law. In addition, should the arbitrator determine that a claim is frivolous, was initiated without a good-faith basis, or presented for any improper purposes (e.g., to harass, delay, or needlessly increase the cost of litigation, including by filing numerous meritless claims to increase arbitration fees), the arbitrator may award the prevailing party its attorneys’ fees and costs along with any another appropriate sanction.

Written Notice. A party that intends to seek arbitration must first send to the other a written notice of intent to arbitrate via email (delivery receipt requested), entitled "Notice of Intent to Arbitrate" (“Notice”). The Notice to Mutual should be addressed to: sendlegalnoticeshere@mutualofomaha.com (“Arbitration Notice Address”). The Notice must: (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought. If we do not reach an agreement to resolve the claim within 30 days after the Notice is received, You or Mutual may commence an arbitration proceeding under these terms.

Exclusions and Limitations. The following matters will not be subject to arbitration: (a) an action to enforce intellectual property rights; or (b) an action regarding any policy under which you may be an insured, owner, or beneficiary, unless the action concerns communications (including calls and texts) between You and Mutual or privacy related claims, in which case such disputes shall be subject to arbitration as noted herein. Matters within the jurisdiction of an applicable small claims court may also be brought in such court, instead of arbitration. Unless prohibited by applicable law, the substantially prevailing party in any dispute between the parties may recover their reasonable costs and fees incurred in connection with such matter, including reasonable attorneys’ fees.

Class Waiver. You also agree that: (a) CLAIMS MAY ONLY BE BROUGHT IN AN INDIVIDUAL, NON-CLASS, AND NON-REPRESENTATIVE CAPACITY, AND THAT CLAIMS OF TWO OR MORE PERSONS MAY NOT BE JOINED OR CONSOLIDATED ABSENT CONSENT OF ALL PARTIES; and (b) TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AND MUTUAL HEREBY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JURY, EVEN FOR DISPUTES NOT SUBJECT TO ARBITRATION. For the avoidance of doubt, nothing in the foregoing sentence is intended to conflict with the provision of this Agreement regarding the batch resolution of Requests, which overrides this paragraph in the event of a perceived conflict (defined below).

Appeal. If the arbitrator’s award inclusive of costs and attorneys’ fees exceeds $150,000, either party may appeal such award to a three-arbitrator panel administered by the AAA (or substitute arbitration organization) and selected according to the Arbitration Rules, by filing a written notice of appeal within 30 days after the date of entry of the arbitration award. The appealing party must provide the other party with a copy of such appeal concurrently with its submission of the appeals notice. The three-arbitrator panel must issue its decision within 120 days of the date of the appealing party’s notice of appeal. The decision of the three-arbitrator panel shall be final and binding, except for any appellate right which may exist under the Federal Arbitration Act. The parties may agree that arbitration will be conducted solely on the basis of the documents submitted to the arbitrator, via a telephonic hearing, or by an in-person hearing as established by AAA rules (or the rules of the substitute arbitration organization).

Right to Opt Out. You can decline this arbitration agreement by emailing sendlegalnoticeshere@mutualofomaha.com and providing the following information: (1) name; (2) address; (3) phone number; and (4) a clear statement that You wish to opt out of this arbitration agreement. To be effective, the opt-out notice must be emailed no later than 30 days after the date You become bound by the arbitration agreement. Please note that You will continue to be bound by any older arbitration provision that You did not out opt of and any arbitration provision that otherwise governs the Claims.

Mass Arbitration. “Mass Arbitrations” shall be defined and governed by the AAA’s Mass Arbitration Supplementary Rules, available at https://www.adr.org/mass-arbitration (“AAA Mass Arbitration Rules”), or similar rules from a substitute organization, such as JAMS, in the event AAA is unavailable, unable, or unwilling to accept and administer the mass arbitration of any claim under these arbitration provisions.

The parties further agree to the following procedures for Mass Arbitrations

(i) To abide by the subsection above titled “Offers and good-faith claims.”

(ii) That all procedural and discovery issues that arise before final merits hearing shall be decided by a single procedural arbitrator who shall preside over all batches and be selected per the same process for selecting an arbitrator above. For the avoidance of doubt, the merits arbitrator(s) shall decide evidentiary and similar issues that may arise at a final merits hearing or in connection with a motion that would be dispositive of the merits.

(iii) To abide by the following batch arbitration procedures: Demands shall be batched in groups of 25 demands per batch, and the parties shall appoint a different single arbitrator to administer the merits of each batch of 25.

To the extent there are demands left over after the batching described above (“Remaining Demands”), those Remaining Demands shall be batched together, with a single different merits arbitrator to administer them. For example, if 22 demands are remaining, a different single merits arbitrator shall administer them in one batch.

You and Mutual agree to cooperate in good faith to implement the batch arbitration process, as well as to take any steps to minimize the time and costs of arbitration, which may include: (1) the appointment of a discovery special master to assist the arbitrator in the resolution of discovery disputes; and (2) the adoption of an expedited calendar of the arbitration proceedings. This batch arbitration provision shall in no way be interpreted as authorizing a class, collective and/or mass arbitration or action of any kind, or arbitration involving joint or consolidated claims under any circumstances, except as expressly set forth in this provision.

Severance, Severability, and Survival. If any provision of this arbitration agreement is found unenforceable, the unenforceable provision shall be severed, and the remaining arbitration terms shall be enforced, except that if the class action waiver above is found unenforceable, the entirety of the arbitration provisions shall be void, other than the jury waiver provision. The foregoing arbitration provisions shall survive the termination of this Agreement. 

When you agree to these Terms of Use, including when you download or interact with any form, or communicate with Mutual through the Site (including the submission of your information through this Site requesting a telephone call, text, email or other communication), you affirmatively consent to the use of electronic signatures and the receipt of electronic consumer disclosure documents in accordance with the Electronic Signatures in Global and National Commerce Act (“ESIGN Act”) and any applicable state law. This consent applies to communications and documents posted on or communicated through this Site. To access and retain electronic disclosure documents you will need an internet connected device with a web browser and pdf software with enough memory to store the documents. Your agreement is voluntary. You may revoke your consent, update your contact information, or request a copy (paper or electronic) of electronic records including any written consent provided on a submission form by calling 1-800-775-6000. Revoking your consent to the use of electronic signatures and receipt of electronic consumer disclosures will revoke your consent to the use of electronic signatures and receipt of electronic consumer disclosure documents under the ESIGN Act unless so you consent later and/or provide such consent in a separate agreement. Revoking your consent will not place you on Mutual’s do-not-call list unless you clearly request to be placed on such list and provide your phone number(s). Your revocation of your consent to the use of electronic signatures and records may impact the electronic delivery of policy documents and other communications if you have previously provided consent for such communications.

Mutual may revise and update these Terms of Use from time to time, in its sole discretion. All changes are effective immediately when posted and apply to all access to and use of the Site thereafter. Your continued use of the Site following the posting of revised Terms of Use means that you accept and agree to the changes.