AMERICAN EQUITY INVESTMENT LIFE INSURANCE COMPANY OF NEW YORK*
The following terms and conditions govern your use of the website:
American Equity Investment Life Insurance Company of New York website
By accessing this site, continuing to access this site, or downloading materials from this site (as permitted), you are accepting the Terms and Conditions described in this notice. Please read these Terms and Conditions carefully before using this website. You are bound by all revisions and should therefore periodically visit this page to review the current terms and conditions to which you are bound. If you do not agree to abide by these Terms and Conditions, you should immediately cease use of this website.
When used in these Terms and Conditions, “we” and “our” mean American Equity Investment Life Insurance Company of New York, its affiliates and subsidiaries and “you” and “your” refers to any individual, client, policyholder, agent, company, or entity that accesses or otherwise uses this website.
DISCLAIMER OF WARRANTIES
THE MATERIALS ON THIS WEBSITE (INCLUDING, WITHOUT LIMITATION, ALL SOFTWARE) ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESSED OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, AMERICAN EQUITY INVESTMENT LIFE INSURANCE COMPANY OF NEW YORK AND ITS SUBSIDIARIES AND AFFILIATES (COLLECTIVELY, "AMERICAN EQUITY") DISCLAIM ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. AMERICAN EQUITY DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIALS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. AMERICAN EQUITY DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS ON THIS WEBSITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT AMERICAN EQUITY) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION OF ALL EQUIPMENT, DATA, OR OTHER ITEMS YOU USE TO ACCESS THIS WEBSITE. THE INFORMATION AND DESCRIPTIONS CONTAINED HEREIN ARE NOT INTENDED TO BE COMPLETE DESCRIPTIONS OF ALL TERMS, EXCLUSIONS AND CONDITIONS APPLICABLE TO THE PRODUCTS AND SERVICES, BUT ARE PROVIDED SOLELY FOR GENERAL INFORMATIONAL PURPOSES.
American Equity may make changes to the website materials and the product information at any time without notice and without obligation to update the materials contained on this website.
THIS WEBSITE MAY BE LINKED TO OTHER WEBSITES WHICH ARE NOT MAINTAINED BY AMERICAN EQUITY. ANY LINKS ON THIS WEBSITE TO SUCH THIRD-PARTY WEBSITES ARE PROVIDED SOLELY AS A CONVENIENCE TO YOU. IF YOU USE THESE LINKS, YOU WILL LEAVE THIS WEBSITE. AMERICAN EQUITY HAS NOT REVIEWED ALL OF THESE THIRD-PARTY SITES AND DOES NOT CONTROL AND IS NOT RESPONSIBLE FOR ANY OF THESE SITES OR THEIR CONTENT, NOR DOES THE INCLUSION OF ANY LINK TO SUCH WEBSITES IMPLY APPROVAL OF OR ENDORSEMENT BY AMERICAN EQUITY OF THE WEBSITES OR THE CONTENT THEREOF. THUS, AMERICAN EQUITY DOES NOT ENDORSE OR MAKE ANY REPRESENTATIONS ABOUT THEM, OR ANY INFORMATION, SOFTWARE OR OTHER PRODUCTS OR MATERIALS FOUND THERE, OR ANY RESULTS THAT MAY BE OBTAINED FROM USING THEM. IF YOU DECIDE TO ACCESS ANY OF THE THIRD-PARTY WEBSITES LINKED TO THIS WEBSITE, YOU DO SO ENTIRELY AT YOUR OWN RISK.
THIS WEBSITE IS INTENDED TO PROVIDE GENERAL INFORMATION ONLY AND IS NOT INTENDED TO ASSIST IN THE SOLICITATION, NEGOTIATION, SALE, OR SURRENDER OF ANY INSURANCE PRODUCT IN ANY JURISDICTION. THE MATERIALS CONTAINED IN THE AGENT OR POLICYHOLDER LOGIN PORTION OF THIS SITE ARE FOR AGENT AND POLICYHOLDER USE ONLY AND NOT FOR USE WITH THE PUBLIC. SUCH MATERIALS MAY ONLY BE ACCESSED BY CURRENT AMERICAN EQUITY POLICYHOLDERS AND AUTHORIZED AND APPOINTED AGENTS OF AMERICAN EQUITY THAT ARE IN GOOD STANDING WITH THE COMPANY.
LIMITATION OF LIABILITY
WHILE AMERICAN EQUITY USES REASONABLE EFFORTS TO INCLUDE ACCURATE AND UP TO DATE INFORMATION ON THIS WEBSITE, ERRORS OR OMISSIONS SOMETIMES OCCUR. AMERICAN EQUITY MAKES NO WARRANTIES OR REPRESENTATIONS AS TO THE ACCURACY OF THIS WEBSITE. UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL AMERICAN EQUITY OR ANY PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE WEBSITE BE LIABLE TO YOU FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, OR PUNITIVE DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM CALCULATIONS, CREDITING LOSS, MARKET LOSS, LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, OR THE RESULTS OF USE OF THIS WEBSITE OR THE MATERIALS OR INFORMATION CONTAINED AT THIS WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY, EVEN IF AMERICAN EQUITY OR AN AMERICAN EQUITY APPOINTED AGENT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
AMERICAN EQUITY ALSO ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR ANY DAMAGES TO OR VIRUSES THAT MAY INFECT YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY AS A RESULT OF YOUR ACCESS TO, USE OF, OR BROWSING OF THE WEBSITE OR YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO, OR AUDIO FROM THIS WEBSITE.
COPYRIGHT, TRADEMARK, AND INTELLECTUAL PROPERTY
All trademarks, service marks, trade names, logos, icons, and other intellectual property contained herein are licensed or proprietary to American Equity. Nothing contained in the website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademarks, service marks, trade names, logos, icons, and other intellectual property displayed on this website without the express written permission of American Equity or such third party that may own the trademarks, service marks, trade names, logos, icons, and other intellectual property contained herein displayed on this website. Your use of the trademarks, service marks, trade names, logos, icons, and other intellectual property contained herein displayed on this website or any other content on this website, except as provided herein, is strictly prohibited.
Images displayed on this website are either the property of, or used with permission by, American Equity. The use of these images by you, or anyone else authorized by you, is prohibited unless specifically permitted herein. Any unauthorized use of the images may violate copyright laws, trademark laws, the laws of privacy and publicity, and communication regulations and statutes.
The materials at this website may be copyrighted and any unauthorized use of any materials at this website may violate copyright, trademark, and other laws. If you breach any of these Terms and Conditions, your authorization to use this website automatically terminates and you must immediately destroy any downloaded or printed materials.
USE OF SITE MATERIALS
This website is owned and operated by American Equity. Except as otherwise expressly permitted by American Equity, no materials from this website may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way.
We authorize you to view and download unaltered materials from this site only for your non-commercial use in connection with the review of your personal contract information, the lawful marketing and/or evaluation of our products and services, provided that all copyright and other proprietary notices appear in all copies in the same manner as the original. All other uses are prohibited. American Equity neither warrants nor represents that your use of materials displayed on this website will not infringe rights of third parties not owned by or affiliated with American Equity.
NO LEGAL OR TAX ADVICE; INFORMATION NOT TO BE RELIED UPON FOR SUITABILITY OR PERFORMANCE
All content and materials provided by this site are provided for general information only. Nothing in this site should be considered as an individual recommendation for the purchase of an annuity or the replacement of a current investment or other financial vehicle. Any hypotheticals, calculations, or examples provided should not be considered projections of investment returns, market gains, or guaranteed growth and no information contained in this site should be used for tax or legal advice or to avoid penalties under the Internal Revenue Code. Please consult with a licensed insurance agent or independent financial advisor for professional guidance.
POLICY CONTRACT AND TERMS CONTROL
Regardless of any content, product description, materials or representations provided on any website, the terms and conditions of American Equity’s contracts will always control. Any analysis of products is in general terms and is superseded in all respects by the annuity contract and applicable riders. Some of American Equity’s products or product features may not be applicable in all states or may need to be modified to conform to applicable state law. Some products or product features may have been eliminated or modified since the posting on this site. The issuing, renewal, or cancellation of any insurance policy, policy terms and conditions, and rates are subject to review.
Some areas of this site are restricted and require a User ID and Password for access. Unauthorized access or use of such sites is strictly prohibited.
In accessing areas of the site requiring a User ID and Password, you agree that:
· American Equity is not liable for any unauthorized access to your personal information;
· You will notify American Equity immediately if you believe someone else has obtained your User ID and Password or any unauthorized access to the online servicing site has occurred or may occur;
· American Equity in its sole discretion may block online access to your account without prior notice if we believe your User ID and Password are being used by someone other than you, if any unauthorized access to your personal information has occurred or may occur, or for any other reason American Equity deems this action necessary.
CHANGES TO AND AVAILABILITY OF WEBSITE
American Equity may terminate, change, suspend, interrupt, or discontinue any aspect of any website, including the availability of any features of any site, at any time. We may also impose limits on certain features and services or restrict your access to parts of this site or one or more entire sites without prior notice or liability. We may terminate the authorization or rights given above.
If any dispute or disagreement shall arise under or relate to your use of, or association with, this site shall be settled by binding arbitration in Polk County, Iowa. The arbitration shall be conducted pursuant to the Commercial Arbitration Rules of the American Arbitration Association with an arbitrator experienced in insurance and contract law. Any decision or award resulting from arbitration shall be in writing and deemed final. Judgment on an award may be entered in a court of competent jurisdiction but shall remain confidential.
CHOICE OF LAW, JURISDICTION AND VENUE
American Equity administers this website from its administrative offices in West Des Moines, Iowa. American Equity makes no representation that materials on this website are appropriate or available for use in any location, including without limitation for use outside the United States, and access to the materials on this website from territories where their contents are illegal is prohibited. You may not use or export or re-export the materials on this website or any copy or adaptation in violation of any applicable laws, regulations, including without limitation, U.S. export laws and regulations. Those who choose to access this website do so at their own initiative and are responsible for compliance with local laws. The laws of the State of Iowa govern these Terms and Conditions.
If for any reason, contrary to the Arbitration section, any suit or other action arising out of, or in any way connected with, your use of this website may be brought only in the exclusive jurisdiction of the state and federal courts located in Polk County, Iowa.
If for any reason any provision of this agreement or portion thereof be deemed unenforceable, that provision will be enforced to the maximum extent permissible so as to uphold the intent of this agreement, and the remainder of this agreement will continue in full force and effect.
AGREEMENT TO BE BOUND
By accessing this site, continuing to access this site, or downloading materials from this site, you agree to abide by these Terms and Conditions. If you do not agree to abide by these Terms and Conditions, do not use this site or download materials from this site.
*These Companies are owned by American Equity Investment Life Holding Company
American Equity Investment Life Insurance Company of New York
All Rights Reserved
Last Updated November 19, 2018