About This Agreement
Welcome to FairMarketLife.com, a website (“Site”) owned and operated by FairMarket Life Settlements. Our goal is for you, the consumer, to have knowledge of your rights and obligations relating to use of our websites and services as well as our promises to you. You should carefully review all the terms below. Here are a couple main points:
1. About Our Terms of Use.
Terms of Use
FairMarket Life Settlements (FairMarket Life Settlements, “we”, “us”, or “our”), operates this website (“Site”). By using or accessing this Site, a mobile application of this Site, or any of the Site’s Elements (as defined below), you acknowledge that you agree to and are subject to the following terms and conditions of service (the “Terms”). The Terms constitute a legally binding agreement between you and FairMarket Life Settlements as the owner or operator of the Site. You covenant, represent and afirm that you have any and all authorizations as may be necessary to enter into this agreement and that your use of the Site, including provision or use of any Data (defined below), does not violate any applicable law. If you are using the Site on behalf of an employer or other entity, you represent and warrant that you have the authority to bind such entity to the Terms of Use. You must be a resident of the United States (including its territorial possessions) and at least eighteen (18) years of age to access and use the Site. These provisions form an essential basis of our bargain.
If you do not agree to these Terms of Use, you are not authorized to access the Site or the assistances offered on the Site. Please exit the Site.
Modified or Additional Terms of Use
We reserve the right, in our sole discretion, to change, modify, add or remove any portion of these Terms, in whole or in part, at any time. We will post an amended version of these Terms on the Sites and the amended Terms will be effective immediately thereafter. Your submission of an inquiry and/or other use of the Sites following the posting of any such change, modification or amendment to these Terms will constitute your acceptance of the amendments. When we post changes to these Terms, we will revise the “last updated” date at the top of these Terms. You should periodically review the “last updated” date at the top of these Terms so that you can familiarize yourself with any changes. You are expected to check this page from time to time to take notice of any changes we made, as they are binding on you.
Because we provide a wide range of services, we may ask you to review and accept supplemental terms that apply to a specific product, service, or app. To the extent those supplemental terms conflict with the Terms, the supplemental terms associated with the product, service, or app govern with respect to your use of such product, service, or app to the extent of the conflict.
Notice Regarding Dispute Resolution: These Terms contain provisions that govern how disputes between you and FairMarket Life Settlements are resolved, including an agreement to arbitrate, which will, with limited exception, require you to submit claims you have against us to binding and final arbitration and limit you to claims against FairMarket Life Settlements on an individual basis.
2. Compliance and Confidentiality.
By clicking on any button indicating an acceptance or agreement to terms, a continuance of processing, a request for information or by making any other submission (“submission”), you understand that you are agreeing to the stated terms and conditions of that submission and that you are submitting an inquiry, as to life settlements or other products or services, through this Site and FairMarket Life Settlements to insurance agents and companies and other third parties who are customers of our Site, such as marketing partners (each, a “Provider”), to whom your inquiry is transmitted. The inquiry is about quotes or other information related to life settlements, life insurance, and related financial products. By submitting your telephone number and/or email address in any submission, you are extending an invitation and providing your written consent to FairMarket Life Settlements and to each and every Provider you have been matched with: (i) to contact you by telephone at the numbers you have Submitted (including through auto-dialed, pre-recorded, artificial voice and/or text messages) so they may assist you with your transaction, and you hereby expressly consent to any such calls or texts – even if your phone number is on any corporate, state or national Do Not Call list or registry – and to have such calls monitored and/or recorded for record-keeping, compliance, security and quality-assurance purposes; or (ii) to contact you by email at any email address you provided. You are not required to provide your consent to be contacted in order to purchase or receive goods or services, however. For SMS and MMS text messaging, message and data rates imposed by your mobile data provider may apply. You represent that all of the information you have provided in your submission is true and complete.
By submitting information on a life settlements information request form or a similar form on our Site, you authorize us to provide the submitted information to Providers in order to help you complete your inquiry (including providing you with information about other products or services in which you have expressed an interest). Additionally, where applicable (such as by submitting a request for information about life settlements), you authorize the Providers to verify the accuracy and authenticity of all information supplied by you, both internally and with the assistance of unaffiliated third parties or credit bureaus. Submitting your information constitutes an inquiry and/or application for purposes of the Amended Telemarketing Sales Rule (16 CFR s. 310 et seq.) as amended from time to time and the applicable state do-not-call laws and regulations.
By submitting personal information, you agree to allow the Site, FairMarket Life Settlements, and our affiliates to add your telephone number and email address to our database of users. You may receive one or more marketing calls or emails from the Site, FairMarket Life Settlements and/or our affiliates. You may opt not to receive such marketing emails from us at any time. Please review our Privacy Policy for more information regarding our information collection practices and safeguards, and how to opt not to receive such emails. Your use of the Site signifies your acknowledgement of and agreement with our Privacy Policy, which is expressly incorporated into these Terms.
Please note that we may make and retain records documenting your digital interactions with our Sites. We may engage the services of outside vendors to help us perform this activity.
3. Our Services.
We are not responsible in any way for the conduct of any Prospect or Provider. We do not endorse or recommend any Providers, or companies offered by any Provider. We do not guarantee that any of the Providers to whom we forward any Prospect’s information will contact such Prospect or agree to provide the Prospect with any form of help. The Providers that can connect you with life settlement products, other financial products, or conditional offers may not respond with quotes or offers until they obtain additional information from you. Although FairMarket Life Settlements is compensated by Providers when we display advertisements for their products or services to you and/or when fill out and submit a form, we do not make any decisions in connection with the offers that may be offered to you. Any compensation from Providers is payment for our services, tools and facilities. Your use of the Site and/or the Service constitutes your agreement with this compensation arrangement. The Site and the products, services and opportunities provided or advertised on and through the Site may not be available in all states, and the availability of such services, products and opportunities offered on and through our Sites may change from time to time without notice. FairMarket Life Settlements does not guarantee any form of insurance or specific terms or conditions with any Provider. To help the government fight identity theft, the funding of terrorism and money laundering activities, and to help attempt to verify your identity, Providers may obtain, verify and record information that identifies each person who filled out a form. For example, they may ask for your name, Social Security Number or driver’s license number, address, date of birth, and other important information, that will allow proper identification of you. During the Provider application process, the Provider may also ask for additional information.
4. User-Generated Data.
As part of your use of this website and all, data, message boards, chat rooms, personal web pages or profiles, bulletin boards and other interactive features and other services that we own, authorize, and make available through this website (“Service”), you may be able to post data, including social media data, on this website or on our other online properties linked to this website. Any Data you post to the site will be considered non-confidential and non-proprietary.
When you post data to this website, the Sites, or otherwise use the Service to post data, you grant us and our designees ownership to the data that you have posted (“Data”), including all patents, copyrights, trademarks, and other intellectual property in the data. You grant us the perpetual, worldwide, non-exclusive, transferrable, assignable, sublicensable, perpetual, irrevocable, royalty-free license to edit, adapt, modify, reproduce, promote, publish, create derivative works of, perform and otherwise use the Data in any way and in any media for trade, advertising, promotional, or any other purposes, and use, make, have made, sell, offer for sale, import and export products and services based on such Data, as we and our designees may determine or see fit, without having to seek permission from, and without consideration or notification to you or any third party. You also agree that we may replicate and re-post any of the Data on other online properties as determined by us in our sole discretion, for visitors to the website(s) to view.
By posting Data, you represent and warrant that you own all right, title and interest and have obtained all appropriate permissions and releases to grant us ownership of the Data. You agree that your rights in the Data include and are not limited to all right, title and interest to any patent, trademark, trade secret, copyright or other proprietary rights, including, but not limited to, privacy and publicity rights in the Data and all rights for us to use the Data. Disclose your identity to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
Any data and/or opinions uploaded, expressed or submitted to the website, and all articles and responses to questions and other data, other than the data provided by FairMarket Life Settlements, are solely the opinions and the responsibility of the person or entity submitting them and do not necessarily reflect the opinion of FairMarket Life Settlements. We are not responsible, or liable to any third party, for the data or accuracy of any materials posted by you or any other user of the website.
5. Limited License to Use the Site and Services.
We do not charge users to access the public portions of our Site. We may from time to time charge users fees for utilizing the Services or various other services that may now or in the future be provided by our Site. Accordingly, we grant each user a limited, revocable, non-exclusive license to access the Site in order to, as applicable, view or make legitimate inquiries to us regarding this website and Service all in accordance with these Terms. We may grant any of our third-party service providers a limited, revocable, non-exclusive license to access the password-protected portions of the Site or the Service (as applicable) in accordance with a written agreement between us and the service provider. Any other use of the Site or the Service is expressly prohibited.
Importantly, these limited licenses do not include any right of collection, aggregation, copying, duplication, display or modification of the Site or the Service nor any right of use of data mining, robots, spiders or similar data gathering and extraction tools without our prior written permission; provided, however, that a limited exception from the foregoing exclusion is provided to general purpose internet search engines and non-commercial public archives that use tools to gather information for the sole purpose of displaying hyperlinks to a Site, provided that they each do so from a stable IP address or range of IP addresses using an easily identifiable agent and comply with our robots.txt file.
6. Intellectual Property and Prohibited Activities.
The Site is protected by copyright as a collective work and/or compilation, pursuant to U.S. copyright laws, international conventions, and other copyright laws. The text, files, images, photos, maps, and other materials, including Data, on the Site and/or available through the Service (collectively, the “Elements”) are only for each user’s personal use in accordance with the limited license grant contained herein or also pursuant to any separate written agreement. All Elements on the Site, and the Site itself, is protected by copyright and database rights, and you will abide by any and all additional copyright (or other proprietary) notices, information, or restrictions contained in or relating to any Elements on the Site. Copying or storing of any Elements other than for your personal, noncommercial use is expressly prohibited without the prior written permission from us or the applicable copyright holder. All trade and service marks and logos used on the Sites (including, without limitation, the Site’s domain name) are the exclusive property of FairMarket Life Settlements or its licensors (as applicable), you may not copy or use them in any manner and all goodwill arising from the usage thereof shall inure to our (or our licensors’, as applicable) sole benefit.
7. Unauthorized Use.
Unless otherwise provided within these Terms, or unless otherwise applicable law requires us to allow you to do so, you may not do any of the following without our prior written consent:
8. Data Transferral.
Each user acknowledges and agrees that, regardless of such user’s physical location, we may store and process any data transmitted to the Site from such user at locations both within and outside of the United States. By using the Site, you consent to the transfer of your information to the United States and agree that any transactions you conduct through the Site will be deemed to have occurred in the United States.
9. Changes to Site.
We may change, remove, suspend or discontinue any aspect of the Site at any time, including the availability of any Site features, Elements, Data or database without notice. We may also impose limits on certain features or services or restrict your access to parts or all of the Site without notice to you or liability to us.
10. Identity Verification.
User verification on the Internet is difficult, and we cannot and do not confirm each user’s purported identity. We encourage you to use appropriate caution with anyone with whom you may be doing business via the Site or the Internet, generally. When you give someone your online ID and online password, you are authorizing that person to access and use your account, and you are responsible for any and all transactions that person performs while using your account, even those transactions that are fraudulent or that you did not intend or want performed. EACH USER ACKNOWLEDGES AND AGREES THAT: (i) NEITHER FAIRMARKET LIFE SETTLEMENTS NOR ANY OF ITS AFFILIATES WILL HAVE ANY LIABILITY TO ANY USER FOR ANY UNAUTHORIZED TRANSACTION MADE USING ANY USER’S ONLINE ID AND PASSWORD THAT OCCURS BEFORE SUCH USER HAS NOTIFIED US OF POSSIBLE UNAUTHORIZED USE OF SUCH ONLINE ID AND PASSWORD AND WE HAVE HAD A REASONABLE OPPORTUNITY TO ACT ON THAT NOTICE; AND (ii) THE UNAUTHORIZED USE OF YOUR ONLINE ID AND PASSWORD COULD CAUSE YOU TO INCUR LIABILITY TO BOTH FAIRMARKET LIFE SETTLEMENTS AND OTHER USERS. Further, we may suspend or cancel your account or your access to the Site and/or the Service at any time with or without notice if we suspect that your account and/or password is being used in an unauthorized or fraudulent manner.
11. Limitation of Liability.
IN NO EVENT WILL FAIRMARKET LIFE SETTLEMENTS, OUR AFFILIATES, OFFICERS, MEMBERS, MANAGERS, DIRECTORS, AGENTS AND/OR EMPLOYEES (COLLECTIVELY, THE “FAIRMARKET LIFE SETTLEMENTS GROUP”) BE LIABLE FOR ANY LOST PROFITS OR DATA OR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES ARISING OUT OF, BASED ON, OR RESULTING FROM OUR SITES OR SERVICE, THESE TERMS, YOUR USE OF THE SITE OR THE SERVICE AND/OR ANY TRANSACTION BETWEEN PROVIDER AND PROSPECT OR YOU AND OUR SERVICE PROVIDERS(S) OR BETWEEN SITE USERS, GENERALLY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE LIMITATIONS AND EXCLUSIONS APPLY WITHOUT REGARD TO WHETHER THE DAMAGES ARISE FROM (i) BREACH OF CONTRACT, (ii) BREACH OF WARRANTY, (iii) STRICT LIABILITY, (iv) TORT, (v) NEGLIGENCE, OR (vi) ANY OTHER CAUSE OF ACTION, TO THE MAXIMUM EXTENT SUCH EXCLUSION AND LIMITATIONS ARE NOT PROHIBITED BY APPLICABLE LAW. IF YOU ARE DISSATISFIED WITH THE SITE OR THE SERVICE, IF YOU DO NOT AGREE WITH ANY PART OF THESE TERMS, OR IF YOU HAVE ANY OTHER DISPUTE OR CLAIM WITH OR AGAINST THE FAIRMARKET LIFE SETTLEMENTS GROUP, ANOTHER USER OR THE SITE WITH RESPECT TO THESE TERMS OR THE SITE ITSELF, THEN YOUR SOLE AND EXCLUSIVE REMEDY AGAINST US IS TO DISCONTINUE USING THE SITE AND THE SERVICE. IN ALL EVENTS, OUR LIABILITY, AND THE LIABILITY OF ANY MEMBER OF FAIRMARKET LIFE SETTLEMENTS, TO YOU OR TO ANY THIRD PARTY IN ANY CIRCUMSTANCE ARISING OUT OF OR IN CONNECTION WITH THE SITE OR THE SERVICE, IN THE AGGREGATE FOR ANY AND ALL CLAIMS, IS LIMITED TO $100.00.
Limitation on Time to File Claims
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
12. Disclaimer of Warranties.
The Sites and the service, including all data, software, functions, services, materials and information made available on or accessed through the Sites or the service, are provided “as is.” We expressly disclaim all express or implied warranties, including, without limitation, non-infringement, merchantability, fitness for a particular purpose, completeness and accuracy. To the fullest extent permissible by law, we make no representations or warranties of any kind whatsoever for the data on the Sites or the services, materials, information and functions made accessible by the software used on or accessed through the Sites or the service, for any products or services or hypertext links to third parties, or for any breach of security associated with the transmission of sensitive information through the Sites or any linked site. We do not warrant that the functions contained in the Sites or any services, materials or data contained therein will be uninterrupted or error free, that defects will be corrected, or that the Sites or the server that makes it available is free of viruses or other harmful components. Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply to you.
13. Release.
In the event that you have a dispute with one or more other users of the Site (including, without limitation, any dispute between any Provider and Prospect regarding any transaction), you hereby agree to release, remise and forever discharge the Sites and each member of FairMarket Life Settlements, each of their respective agents, directors, officers, members, managers, employees, successors and all other related persons or entities from any and all manner of rights, claims, complaints, suits, demands, causes of action, proceedings, liabilities, obligations, legal fees, costs, and disbursements of any nature whatsoever, whether known or unknown, which now or hereafter arise from, relate to, or are connected with such dispute and/or your use of the Sites or the service.
14. Indemnity.
You hereby agree to indemnify, defend and hold the Site and each member of FairMarket Life Settlements (collectively, the “indemnified parties”) harmless from and against any and all liability and costs (including, without limitation, attorneys’ fees and costs) incurred by the indemnified parties in connection with any claim arising out of your use of the Sites (including, without limitation, any dispute between a provider and prospect regarding any transaction), any act (or failure to act) by you or other users of your account or any breach by you of these terms or the representations, warranties and covenants made by you herein. You shall cooperate as fully as reasonably required in the defense of any claim. FairMarket Life Settlements reserves the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you shall not in any event settle any matter without our prior written consent.
15. Dispute Resolution.
Arbitration
SHOULD A DISAGREEMENT ARISE BETWEEN YOU AND FAIRMARKET LIFE SETTLEMENTS (OR, WITH RESPECT TO DISPUTES INVOLVING YOUR DATA SUBMITTED THROUGH ANY SITE OR THE SERVICE, BETWEEN YOU AND ANY PERSON WHO PURCHASES SUCH DATA) CONCERNING THE TERMS AND CONDITIONS OF THESE TERMS, THE BREACH OF SAME BY ANY PARTY HERETO, ANY DATA SUBMITTED BY YOU, THE SITE OR SERVICE OR ANY OTHER PRODUCTS OR SERVICES PROVIDED BY FAIRMARKET LIFE SETTLEMENTS, YOU AGREE TO SUBMIT THE DISPUTE FOR RESOLUTION BY ARBITRATION BEFORE THE AMERICAN ARBITRATION ASSOCIATION IN ACCORDANCE WITH ITS THEN CURRENT COMMERCIAL ARBITRATION RULES AND THE SUPPLEMENTARY PROCEDURES FOR CONSUMER RELATED DISPUTES (COLLECTIVELY, “AAA RULES”), AS MODIFIED BY THESE TERMS. SUCH ARBITRATION SHALL BE ADMINISTERED BY A SINGLE ARBITRATOR. The arbitrator is bound by these Terms and must issue a written decision sufficient to explain the essential findings and conclusions on which an award is based. All issues are for the arbitrator to decide, except that issues relating to the scope and enforceability of the arbitration provisions in this Section are for a court to decide. ANY AWARD RENDERED SHALL BE FINAL AND CONCLUSIVE TO THE PARTIES, AND A JUDGMENT THEREON MAY BE ENTERED IN ANY COURT OF COMPETENT JURISDICTION. IN THE EVENT THAT ONE OF THE PARTIES TO THE DISPUTE IS A PERSON WHO PURCHASES YOUR DATA SUBMITTED THROUGH THE SITE OR THE SERVICE, THEN SUCH ARBITRATION SHALL BE CONDUCTED IN A LOCATION CONVENIENT TO YOU; OTHERWISE, THE ARBITRATION SHALL BE CONDUCTED IN WILMINGTON, DELAWARE. YOU MAY OPT OUT OF THIS ARBITRATION REQUIREMENT BY NOTIFYING FAIRMARKET LIFE SETTLEMENTS IN WRITING AT FAIRMARKET LIFE SETTLEMENTS, 614 S. 4th STREET, SUITE 366, PHILADELPHIA, PA 19107 THIRTY (30) DAYS AFTER SUBMITTING YOUR DATA THAT IS INVOLVED IN THE DISPUTE. NOTHING HEREIN SHALL BE CONSTRUED TO PRECLUDE ANY PARTY FROM SEEKING INJUNCTIVE RELIEF IN ANY COURT OF COMPETENT JURISDICTION IN ORDER TO PROTECT ITS INTELLECTUAL PROPERTY OR CONFIDENTIAL INFORMATION.
Class-Action Waiver
TO THE EXTENT PERMITTED BY LAW, YOU AGREE THAT YOU WILL NOT BRING, JOIN OR PARTICIPATE IN ANY CLASS ACTION LAWSUIT, CLASS-WIDE ARBITRATION, CLAIMS BROUGHT IN A REPRESENTATIVE CAPACITY OR CONSOLIDATED CLAIMS AS TO ANY CLAIM, DISPUTE OR CONTROVERSY THAT YOU MAY HAVE AGAINST FAIRMARKET LIFE SETTLEMENTS OR ITS AFFILIATES (OR, WITH RESPECT TO CAUSES OF ACTION INVOLVING YOUR DATA SUBMITTED THROUGH THE SITE OR THE SERVICE, AGAINST ANY PERSON WHO PURCHASES SUCH DATA), AND/OR THEIR RESPECTIVE EMPLOYEES, OFFICERS, DIRECTORS, MEMBERS, MANAGERS, SHAREHOLDERS, REPRESENTATIVES AND ASSIGNS. YOU AGREE TO THE ENTRY OF INJUNCTIVE RELIEF TO STOP SUCH A LAWSUIT OR TO REMOVE YOU AS A PARTICIPANT IN THE SUIT. YOU AGREE TO PAY THE ATTORNEYS’ FEES AND COURT COSTS THAT FAIRMARKET LIFE SETTLEMENTS OR ANY PERSON PURCHASING YOUR DATA INCURS IN SEEKING SUCH RELIEF. THIS PROVISION PREVENTING YOU FROM BRINGING, JOINING OR PARTICIPATING IN CLASS ACTION LAWSUITS AND OTHER CONSOLIDATED CLAIMS IS AN INDEPENDENT AGREEMENT AND DOES NOT CONSTITUTE A WAIVER OF ANY OF YOUR RIGHTS AND REMEDIES TO PURSUE A CLAIM INDIVIDUALLY AND NOT AS A CLASS ACTION IN BINDING ARBITRATION AS PROVIDED ABOVE. ANY PERSON WHO PURCHASES DATA SUBMITTED BY YOU THROUGH THE SITE OR SERVICE SHALL BE DEEMED A THIRD-PARTY BENEFICIARY OF THE FOREGOING PROVISIONS IN THIS SECTION AND SHALL BE ABLE TO ENFORCE SUCH PROVISIONS DIRECTLY AGAINST YOU. Further, unless both you and FairMarket Life Settlements agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this arbitration provision shall be null and void
Forum for Certain Disputes that Are Not Arbitrated
Should a dispute arise between you and FairMarket Life Settlements and should the arbitration provisions herein become inapplicable or unenforceable, the parties agree that jurisdiction over and venue of any suit shall be exclusively in the state and federal courts sitting in the City of Wilmington and County of New Castle although we retain the right to bring any suit, action or proceeding against you for breach of these Terms of Use in your country of residence or any other relevant country. You agree to waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
16. No Agency.
The relationship between FairMarket Life Settlements and each user is that of independent contractors, and no agency, partnership, joint venture, employee-employer or franchisor-franchisee relations is intended or created by these Terms or your use of the Site.
17. Notices.
Except as explicitly stated otherwise, written notices, including all legal notices, to us must be given by certified postal mail, return receipt requested, to:
FairMarket Life Settlements –
600 S Highway 169, Suite 690 Saint Louis Park, MN 55426
FairMarket Life Settlements may communicate electronically or by postal mail with you about these Terms or the Services. We may send you notice at any email address you may provide to the Site during a registration process or when submitting an inquiry (as applicable). Notice shall be deemed given upon receipt or 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you notice by certified mail, postage prepaid and return receipt requested or by national courier service, to any address provided to us during a registration process or when submitting an inquiry (as applicable).
18. Copyright Infringement.
As FairMarket Life Settlements asks others to respect its intellectual property rights, it respects the intellectual property rights of others, and requires its users to do so. If you are a copyright owner or an agent thereof and believe in good faith that any third-party Data on the Sites infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our Copyright Agent with the following information in writing (see 17 U.S.C.A. 512(c)(3) for further detail): (i) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (ii) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on or available through our Sites are covered by a single notification, a representative list of such works at those locations; (iii) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit FairMarket Life Settlements to locate the material; (iv) information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an electronic mail address; (v) a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (vi) a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
You acknowledge that if you fail to comply with all of the requirements of this Section, your DMCA notice may not be valid. In the event that you believe FairMarket Life Settlements removed any of your Data in response to a false notice of copyright infringement, you should notify FairMarket Life Settlements promptly in writing pursuant to the DMCA, at the mailing address provided above. Such notification should include: (i) your physical or electronic signature; (ii) identification of the Data that has been removed or to which access has been disabled and the location at which the Data appeared before it was removed or disabled; (iii) a statement that you have a good faith belief that the Data was removed or disabled as a result of mistake or a misidentification of the Data; and (iv) your name, address, telephone number, and email address, a statement that you consent to the jurisdiction of the U.S. District Court for the District of Delaware, and a statement that you will accept service of process from the person who provided notification of the alleged infringement. Furthermore, you should include a clear statement of your acceptance of process pertaining to the notifying party or the agent of the party as defined in DMCA § 512(c)(1)(C). If a counter-notice is received by the Copyright Agent, FairMarket Life Settlements may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed Data or cease disabling it in ten (10) business days. Unless the copyright owner files an action seeking a court order against the Data provider or user, the removed Data may be replaced, or access to it restored, in ten (10) to fourteen (14) business days or more after receipt of the counter-notice, at our sole and absolute discretion. FairMarket Life Settlements has a policy of terminating the account of, or denying access or use of the Site to, in its sole and absolute discretion, any user who repeatedly infringes the copyrights or other intellectual property rights of others.
FairMarket Life Settlements’s designated Copyright Agent to receive notifications of claimed infringement:
FairMarket Life Settlements – Copyright Agent
600 S Highway 169, Suite 690 Saint Louis Park, MN 55426
For clarity, only DMCA notices should go to the Copyright Agent; any other feedback, comments, requests for technical support, and other communications should be directed to FairMarket Life Settlements customer service through our email form
19. Links to Third-Party Sites.
This Site may contain links and pointers to other Internet sites that are not owned or controlled by FairMarket Life Settlements. FairMarket Life Settlements has no control over, and assumes no responsibility for the products, services, data, privacy policies or practices of any third-party website or application. Links to and from the Site to other sites, maintained by third parties, do not constitute an endorsement by us of such third-party sites or the datas, products or services thereof. You expressly relieve FairMarket Life Settlements from any and all liability arising from your use of any linked third-party website or application. Accordingly, we encourage you to be aware when you leave our Site and to read the terms and conditions and Privacy Policy of each website or application that you access or use.
20. Miscellaneous.
Choice of Law
These Terms shall be treated as though they were executed and performed in the State of Delaware and shall be governed by and construed in accordance with the laws of the United States of America and State of Delaware without regard to conflict of law principles.
Other Terms
We may immediately and in our sole discretion terminate any user’s access to or use of the Site due to such user’s breach of these Terms or our Privacy Policy, or other unauthorized use of the Site. Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of any such right or provision. If for any reason a court of competent jurisdiction or an arbitrator finds any provision of these Terms, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of these Terms, and the remainder of these Terms shall continue in full force and effect. Except for Sections 12, 13 and 14 above, these Terms do not give rise to any third-party beneficiary rights. All provisions of these Terms shall survive any termination hereof, except for those provisions (like licenses) that are revocable or, by their context, are not intended to survive termination. You may not assign any of your rights or delegate any of your obligations under these Terms; FairMarket Life Settlements may assign or delegate these Terms in whole or in part.
Your Record of These Terms
We do not separately file the Terms entered into by each user of the Site. Please make a copy of these Terms for your records by printing and/or saving a downloaded copy of the Terms on your personal computer.
21. Feedback and Questions.
We welcome your comments, feedback, suggestions, and other communications regarding the Site and Services. Please contact us with feedback . Please note our separate address for legal correspondence, above.
Your feedback is site Data as defined in these Terms and will be treated in accordance with the provisions of these Terms. For this reason, we ask that you not send FairMarket Life Settlements any feedback that you do not wish to license to us as set forth above.
22. DISCLAIMER
© 2021 FairMarket Life Settlements. Disclaimer: FairMarket Life is not approved in all States. Due to the inevitability of internet to enter States without intention, this website or any other correspondence does not constitute a solicitation for business in any particular State. This site is not intended for AK, CO, DE, FL, HI, KS, KY, MS, MT, NE, NV, NH, NJ, ND, OK, OR, UT, VT, WV, WI residents. It is the responsibility of all intermediaries to follow the State laws and obtain any required licensure that corresponds to any particular financial or life settlement business in which they are engaging. FairMarket Life will not accept business in States in which it is not licensed. The information contained in this site is not approved for or pertinent to Alaska or any other State in which FairMarket is not licensed. We do not currently accept cases from AK, CO, DE, FL, HI, KS, KY, MS, MT, NE, NV, NH, NJ, ND, OK, OR, UT, VT, WV, WI.
