1. Mutual Perks Program Offerings. Mutual of Omaha Insurance Company, its affiliates and subsidiaries (“Mutual”) and selected third party vendors (“Vendors”) have entered into an agreement under which Vendors provide enrollees (“Members”) access to a network of participating merchants (“Participating Merchants) who offer services and products at discounts or special pricing (“Services”), known as the Mutual Perks program (“Program”). The Program and access to the Vendors in the Program is provided by Mutual, at no cost, to its policyholders and others as determined by Mutual (Note: There may, however, be fees/costs associated with the Services offered or made available through the Vendors and Participating Merchants). The Program is not insurance and is provided and administered by Vendors, which, except as noted, are independent companies, unaffiliated with Mutual. The Program may not be available, either now or in the future, in all states and jurisdictions.
2. Program Enrollment. Members may initially access the Vendors in the Program and the Vendors’ Web Sites by clicking the links on www.mutualperks.com. The Vendor Web Sites are not operated by Mutual, nor is Mutual responsible for the content on the Vendor Web Sites, or any Services purchased from Participating Merchants.
3. Collection of Your Personal Information. Mutual will not provide your personal information to any Vendors or Participating Merchants, unless you request it to do so. All information collected on you should be limited to information you have either provided to a Vendor to enroll with the Vendor or information a Vendor or Participating Merchant has collected in accordance with the Vendor Web Site’s or other privacy policies. Mutual has no control over and assumes no responsibility for the content, or privacy and security policies or practices of any Vendor or Participating Merchant. By enrolling with a Vendor participating in the Program, you acknowledge and agree to the information gathering processes described by the Vendor to collect your personal information. You should carefully read and review the privacy and security policies of the Participating Merchants’ or Vendors’ Web Sites, as its privacy and security practices may differ from those applicable to Mutual’s web site.
4. Use of Program/Participating Merchants. The Mutual Perks Program Vendors contract directly with Participating Merchants to secure the promotions offered by the Vendors. Any use of the promotions is at the Member’s own discretion and risk, and Members are responsible for all payments to Participating Merchants for the associated Services. Mutual does not employ, own, or operate the Vendors, other than as indicated. The Services provided are subject to the terms and conditions of the Vendors’ Web Sites.
5. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY. USE OF THE VENDORS’ WEB SITES AND THE PARTICIPATING MERCHANTS 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 A VENDOR WEB SITE OR ANY OF THE SERVICES OF THE PARTICIPATING MERCHANTS, 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 A VENDOR WEB SITE OR ANY OF THE SERVICES OFFERED BY PARTICIPATING MERCHANTS. UNDER NO CIRCUMSTANCES WILL THE TOTAL LIABILITY OF MUTUAL TO YOU EXCEED THE PRICE PAID FOR USE OF THIS SITE. 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 THIS WEB SITE IS MADE AVAILABLE BY MUTUAL 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 THIS WEB SITE, A VENDOR WEB SITE OR ANY SERVICES OFFERED BY PARTICIPATING MERCHANTS WILL MEET ANY REQUIREMENTS OR NEEDS YOU MAY HAVE, OR THAT THIS WEB SITE, A VENDOR WEB SITE OR ANY SERVICES YOU MAY USE OR PURCHASE WILL OPERATE IN AN ERROR-FREE OR UNINTERRUPTED FASHION, OR THAT ANY DEFECTS OR ERRORS IN THIS WEB SITE, A VENDOR WEB SITE OR THE SERVICES 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.
6. Status of the Program. The Program, Vendors in the Program, Participating Merchants in the Program, eligibility of individuals for the Program, and availability of the Program is subject to the sole discretion of Mutual and is subject to change, at any time, for any reason, without prior notice, at the sole discretion of Mutual and the Vendors. Members may, at any time, terminate their participation in the Mutual Perks’ Program or enrollment with the Vendors and request that they receive no contact from the Program or Vendors, by following the directions available on this web site or the Vendor Web Sites, as applicable.
7. ERISA Disclaimer. The Program described on this Mutual Perks Web Site is an ancillary program Mutual makes available to you as a policyholder or others as determined by Mutual through various independent and unrelated parties. The Program is not sponsored by your employer and is not subject to the Employee Retirement Income Security Act of 1974 (“ERISA”). The Program is neither an “employee welfare benefit plan” nor an “employee pension benefit plan” for purposes of ERISA. Your employer was not involved with the selection or offering of the Program and does not contribute to any offer or Services under the Program. Neither Mutual nor your employer receives any remuneration, financial or otherwise, from any party for offering the Program on this web site or any Vendor Web Site. Members in the Mutual Perks Program should contact the Vendor for all questions pertaining to the Services offered by the Vendor. The Mutual Perks Program is offered as a courtesy to Mutual’s policyholders and others determined by Mutual and you are under no obligation to utilize the Program or Services offered through this web site or any Vendor Web Site. Mutual reserves the right to change, discontinue or terminate the Program at any time. Mutual makes no representation or warranties regarding the impact of the Program’s benefits on the gross income of Members receiving benefits under the Mutual Perks Program.
A. AVAILABILITY AND USE OF MATERIALS ON THE SITE
“Materials” include information, forms, documents, software and other content present on or available to you from the Site. Mutual of Omaha Mortgage 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.
B. INTELLECTUAL PROPERTY RIGHTS, COPYRIGHT AND PROPRIETARY RIGHTS IN MARKS, LOGOS AND MATERIALS
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 of Omaha Mortgage, 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 of Omaha Mortgage 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 of Omaha Mortgage, is expressly prohibited without the prior written consent of Mutual of Omaha Mortgage.
C. LICENSE TO USE MATERIALS
If Mutual of Omaha Mortgage discloses at the time of your use or download of any Materials that Mutual of Omaha Mortgage will charge you for use of the Materials, then your use of those Materials means that you agree to pay to Mutual of Omaha Mortgage any license or use fee then being charged by Mutual of Omaha Mortgage to use specified Materials. All such fees are non-refundable.
E. COMMUNICATIONS WITH THE SITE
F. LINKS TO OTHER WEBSITES
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 of Omaha Mortgage does not control, and Mutual of Omaha Mortgage 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 of Omaha Mortgage 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.
G. USE OF THE INTERNET
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 of Omaha Mortgage 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 of Omaha Mortgage 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 of Omaha Mortgage will not be liable for any loss resulting from a cause over which Mutual of Omaha Mortgage 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.
H. DISCLAIMER OF WARRANTY AND LIMITATION OF LIABILITY
USE OF THIS SITE IS ENTIRELY AT YOUR OWN RISK. IN NO EVENT SHALL MUTUAL OF OMAHA MORTGAGE 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 OF OMAHA MORTGAGE 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 OF OMAHA MORTGAGE 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 OF OMAHA MORTGAGE 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 OF OMAHA MORTGAGE DOES NOT WARRANT THE ACCURACY, COMPLETENESS OR USEFULNESS OF THIS INFORMATION. MUTUAL OF OMAHA MORTGAGE 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. SOME JURISDICTIONS DO NOT ALLOW THE WAIVER OR EXCLUSION OF IMPLIED WARRANTIES SO THEY MAY NOT APPLY TO YOU.
J. GOVERNING LAW AND JURISDICTION
K. PRODUCT NOTICE
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 of Omaha Mortgage representative who can provide you with costs and complete details.