Legal Information and Terms of Use

Acceptance of Terms

By registering to use, accessing, using, or linking to the Vive website you agree to these Terms of Use, including the agreement to indemnify and hold harmless Vive, its owner, VIVE SOLUTIONS, LLC, and their employees, officers, members and agents. These terms of use may be changed at any time without prior notice by Vive and/or its owners.

No provision of legal, investment or other advice; use of calculators and estimators

Neither the Vive website nor any of the content thereon should be construed, considered or relied upon as legal or investment advice. Users are limited to licensed insurance professionals who are solely responsible for providing their end clients with appropriate professional advice and/or referring said clients for appropriate advice before placing an order through Vive or taking other action or inaction. Users are responsible for the advice they provide and for ensuring that their clients are properly advised by appropriate professionals. Calculators and/or estimators that may be used on Vive are provided solely for users to estimate projected, hypothetical needs and should not be relied upon in formulating financial plans. Users are solely responsible for providing competent advice to their clients on their insurance needs based upon an understanding of the client's unique circumstances.

Registration and passwords

Vive is using a registration process to manage this Site. The Site requires you to register or obtain a password prior to permitting you to access the Site. You acknowledge and agree that you are responsible for maintaining the confidentiality of your login ID and password, and for all uses of your login ID, password, and/or Account. You agree to notify us immediately of any unauthorized use of your login ID, password, or Account, or any other breach of security involving access to the Site through your Account. You acknowledge that you may be held liable for any loss or harm incurred by us or any other person or entity due to someone else using your login ID, password, or Account as a result of your failing to keep your Account information secure and confidential.

Use/Disclosure of information you provide

You agree that we may use any information you provide to us through the Site for the purpose of exercising our legal rights and protecting our interests in the event any of any legal actions brought by or against us. You further agree that we may disclose any information you provide to us through the Site to third parties in connection with, or in anticipation of, any legal actions brought by or against us.

User-provided content

You understand that all information, data, or other materials that you or another user provide in connection with the Site or otherwise communicate to us ("User-Provided Content"), is the sole responsibility of you or the person from whom such User-Provided Content originated. This means that you are responsible for all User-Provided Content that you upload or otherwise make available in connection with the Site. Under no circumstances will we be liable in any way for any User-Provided Content.

Representations/Warranties/Indemnification

You specifically represent and warrant that you are duly licensed as a life insurance producer in the state(s) in which you provide life insurance services and that Vive shall be utilized solely for the purpose of selecting and ordering life insurance products in jurisdictions where you are possessed of all necessary licenses and permissions and that all such licenses are current and in good standing in such jurisdiction(s). You further represent and warrant that you shall not permit anyone other than yourself to use your Vive login and password and that you shall be solely and completely responsible for all orders placed under your username and password through Vive. You further represent and warrant that you shall utilize Vive solely in a professional and competent manner for the purposes for which it is intended, and that you shall properly, professionally and competently advise your clients with respect to the products provided and the suitability thereof and accept sole responsibility therefore. By registering as a user of Vive, linking to, accessing and/or using Vive, you agree to these terms of use and specifically agree to defend, indemnify and hold harmless Vive, its owner VIVE SOLUTIONS, LLC, their employees, officers, members and agents without limitation against all losses, expenses, damages, costs and other liabilities, including reasonable attorney fees, resulting from your use of Vive or any violation of these terms or use.

Disclaimer of Warranty and Limitation of Liability

USE OF THIS SITE IS ENTIRELY AT YOUR OWN RISK. THIS SITE AND THE MATERIAL THEREON IS PROVIDED "AS IS" AND "AS AVAILABLE." Vive AND ITS OWNER, VIVE SOLUTIONS, LLC, MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, ON THIS SITE. ANY LINKS TO OTHER SITES ARE COURTESIES AND DO NOT CONSTITUTE AN ENDORSEMENT OF THE LINKED MATERIAL. TO THE FULL AND MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, Vive AND VIVE SOLUTIONS, LLC DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Vive AND VIVE SOLUTIONS, LLC DO NOT WARRANT THAT THIS SITE, ITS SERVERS, EMAIL SYSTEM, OR RELATED SYSTEMS ARE FREE OF VIRUSES, WORMS, TROJAN HORSES OR OTHER CONTAMINATING OR HARMFUL CODE AND WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE OR ERRORS OR OMMISSIONS THEREON, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES EVEN IF Vive OR VIVE SOLUTIONS, LLC IS MADE AWARE OF THE POSSIBILITY OF SUCH DAMAGES.

SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OF CERTAIN LIABILITIES. IF SO, THE LIABILITY OF Vive AND VIVE SOLUTIONS, LLC IS LIMITED, DISCLAIMED AND EXCLUDED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

Copyright and Proprietary Rights

The entire contents of the Vive website, excluding only logos or trademarks used thereon with permission, and the arrangement of such content, is owned by VIVE Solutions, LLC and is protected by trade dress, copyright, patent, and trademark laws, and various other intellectual property rights and laws. No license to or right in any such content is granted to or conferred upon you. Except as expressly provided in these Terms of Use, you agree not to use, modify, copy, reproduce, reverse engineer, republish, upload, post, transmit, distribute, sell, license, rent, publicly display or perform, edit, adapt or create a derivative work of, in any manner, any content or any other part of the Site, without Vive’s express prior written consent.

Cancellation of Existing Coverage

As a licensed life insurance producer, you, the User, agree and are solely and completely responsible for advising and ensuring, that your client does not cancel or terminate any existing coverage until an appropriate time (i.e., after receipt and approval of the new policy),

Accuracy of Quotes

You acknowledge, understand and agree that quotations provided on Vive.com are estimates based upon the information provided and cannot be represented or held out as in any way guaranteed. You further acknowledge and understand that your client may receive a premium offer at a different rate than that quoted on Vive. You represent and warrant that you shall accurately and professionally advise your clients that the quotes provided on Vive are estimates and not promises or guarantees.

Choice of law and Jurisdiction

You acknowledge that any breach or threatened breach of these Terms of Use will result in irreparable harm for which damages would not be an adequate remedy, and, therefore, in addition to our rights and remedies otherwise available at law, we shall be entitled to seek immediate equitable relief, including injunctive relief, as appropriate. If we seek any equitable remedies, we shall not be precluded or prevented from seeking remedies at law, nor shall we be deemed to have made an election of remedies.

Severability

If any provision of these Terms of Use is held unenforceable or invalid under any applicable law or is so held by an applicable court decision, such unenforceability or invalidity will not render these Terms of Use unenforceable or invalid as a whole, and such provision will be changed and interpreted so as to best accomplish the objectives of such unenforceable or invalid provision within the limits of applicable law or the applicable court decisions.

Waiver

Any waiver by us of a breach of any provision of these Terms of Use shall not operate as or be construed to be a waiver of any other breach of such provision or of any breach of any other provision of these Terms of Use. Any such waiver must be in writing. Failure by us to insist upon strict adherence to any term of these Terms of Use on one or more occasions shall not be considered a waiver or deprive us of the right to insist upon strict adherence to that term or any other term of these Terms of Use in the future.

Issue Date: September 7, 2018