Legal - Terms of Use
Please read the following Terms of Use carefully before you use the Producer Website or ForestersBiz mobile application.
These Terms also apply when using a mobile application, mobile device browser, or any other technology to access any content or other aspect of this site (collectively the “Site”). By accessing the Site by any means, you are agreeing to these Terms and your continued use of the Site indicates your ongoing acceptance of these Terms. If you do not agree to these Terms, please do not visit or use the Site.
This Site is proprietary to The Independent Order of Foresters, including its subsidiaries. We may change the Terms from time to time and impose new terms and conditions, without prior notice. The amended Terms are automatically effective as soon as we post them. You should, therefore, review these Terms each time you access this Site.
The use of the Site is also subject to the terms and conditions located in your General Agent Agreement and/or your Producer Agreement, Foresters Privacy Policy, Legal Terms and other applicable policies and procedures including those located on the Foresters Market Conduct & Compliance page that can be found on the Site (collectively "Foresters Policies").
On this page, “you” or “your” mean the person using the Site. “Foresters”, “we”, “us” or “our” mean The Independent Order of Foresters and its subsidiaries (collectively “Foresters”).
Additional or different terms of use may apply to other Foresters websites or application features, and you should review the terms of use posted on the website(s) and/or application(s) you wish to use.
Security
To access the Producer Website, in any and all forms, you must be a producer or other person authorized by Foresters who has obtained a username and password, and any additional security measures that Foresters may require. Foresters may at any time, without prior notice, revoke access and/or implement additional security capabilities that may require additional authorizations or other requirements. By obtaining a username and password, you agree that:
- you are responsible for and shall take steps to maintain the security of your access to the Producer Website and over all information on the Producer Website and maintain commercially reasonable standards of security appropriate for the type of information accessible by way of the Producer Website;
- you are responsible for keeping your security credentials including your username and password safe;
- if someone signs into the Producer Website using your username and password, we can treat that person as if they are you and you shall be responsible for their use of the Producer Website and all information on the Producer Website as if those actions were performed by you;
- we cannot, and are not required, to confirm the identity or authority of anyone who uses our online services, including any mobile applications, except by ensuring their password matches their username;
- we can rely on this username and password as electronic identification, to accept instructions given online as if you had given us written signed instructions; and
- you will notify us immediately if you believe there was unauthorized access to the Producer Website by sending notifications to infosecurity@foresters.com.
Privacy
You are responsible for keeping safe and secure non-public personal information, (i.e., personally identifiable information including, but not limited to, contact and certificate information that is not publicly available) that you obtain by way of the Producer Website (“Protected Information”), about individuals who seek to obtain products and/or services from Foresters, and/or customers/members of Foresters, and/or any other person whose information is accessible through the Producer Website (collectively “Consumer(s)”).
You hereby agree that you shall comply with all applicable state, provincial and federal laws and regulations and regulatory requirements impacting the collection, use, disclosure and safeguarding of Protected Information (all the foregoing referred to as “Privacy Law”), and with applicable Foresters Policies.
You shall not collect, use or disclose Protected Information except as necessary in: (i) servicing the Consumer transactions requested or authorized by the Consumer in relation to a Foresters certificate; (ii) the servicing of Foresters products; (iii) servicing Consumers in relation to Foresters products and services; and/or (iv) in managing your downline agencies and agents in relation to any of the preceding (i) through (iii) (collectively the “Permitted Uses”).
You agree to treat the Protected Information as confidential and to limit disclosure of Protected Information to your officers, directors and employees for the purpose of one or more of the Permitted Uses and that you shall make each such person aware that their use of and access to the Protected Information must be in compliance with these Terms and applicable Foresters Policies.
Protected Information shall not be retained for longer than is necessary in connection with the Permitted Uses, after which the Protected Information shall be promptly and securely deleted or destroyed in a manner acceptable to Foresters in its sole discretion.
Foresters does not recommend storing any Protected Information on mobile devices. If using your mobile device to capture any Protected Information, such Protected Information must be deleted from your mobile device as soon as the purpose for capturing such Personal Information is completed (i.e., after documents have been transmitted to Foresters).
Any Protected Information that is transmitted electronically, including via email, must be sent by secure means approved by Foresters, such as through SecureDocs, TLS (Transport Layer Security) or SecureEmail.
You shall be responsible for Protected Information that you share with your officers, directors and employees, and agree to indemnify Foresters, and its subsidiaries, and each of their respective officers, directors and employees, past or present, from and against any and all liabilities, damages, costs, losses, expenses, fines or judgments, which may be suffered by, accrued against, charged to, or recoverable from, Foresters, any of its subsidiaries, or any of their respective officers, directors, or employees, past or present, by reason of or arising out of either (a) a breach of these Terms, or (b) improper use of the Producer Website and/or the information contained therein including but not limited due to your negligence, by you or your officers, directors, employees, or any other person who may access the Protected Information through you, to whom you provide access to the Producer Website, or who otherwise obtains access to the Producer Website and/or the information therein.
You hereby agree that you shall comply with all applicable state, provincial and federal laws and regulations and regulatory requirements impacting the collection, use, disclosure and safeguarding of Protected Information (all the foregoing referred to as “Privacy Law”), and with applicable Foresters Policies.
You shall not collect, use or disclose Protected Information except as necessary in: (i) servicing the Consumer transactions requested or authorized by the Consumer in relation to a Foresters certificate; (ii) the servicing of Foresters products; (iii) servicing Consumers in relation to Foresters products and services; and/or (iv) in managing your downline agencies and agents in relation to any of the preceding (i) through (iii) (collectively the “Permitted Uses”).
You agree to treat the Protected Information as confidential and to limit disclosure of Protected Information to your officers, directors and employees for the purpose of one or more of the Permitted Uses and that you shall make each such person aware that their use of and access to the Protected Information must be in compliance with these Terms and applicable Foresters Policies.
Protected Information shall not be retained for longer than is necessary in connection with the Permitted Uses, after which the Protected Information shall be promptly and securely deleted or destroyed in a manner acceptable to Foresters in its sole discretion.
Foresters does not recommend storing any Protected Information on mobile devices. If using your mobile device to capture any Protected Information, such Protected Information must be deleted from your mobile device as soon as the purpose for capturing such Personal Information is completed (i.e., after documents have been transmitted to Foresters).
Any Protected Information that is transmitted electronically, including via email, must be sent by secure means approved by Foresters, such as through SecureDocs, TLS (Transport Layer Security) or SecureEmail.
You shall be responsible for Protected Information that you share with your officers, directors and employees, and agree to indemnify Foresters, and its subsidiaries, and each of their respective officers, directors and employees, past or present, from and against any and all liabilities, damages, costs, losses, expenses, fines or judgments, which may be suffered by, accrued against, charged to, or recoverable from, Foresters, any of its subsidiaries, or any of their respective officers, directors, or employees, past or present, by reason of or arising out of either (a) a breach of these Terms, or (b) improper use of the Producer Website and/or the information contained therein including but not limited due to your negligence, by you or your officers, directors, employees, or any other person who may access the Protected Information through you, to whom you provide access to the Producer Website, or who otherwise obtains access to the Producer Website and/or the information therein.
Analytics
Foresters gathers statistical information regarding visitor usage. This information includes such data as number of visitors, sessions and page views, length of visits, pages visited, and other such information. This data is only used in the aggregate to help determine general usage patterns which will allow us to continually improve our online and mobile services. This statistical information may be shared or made public at our discretion. This data will not contain any personal information or information that identifies any specific visitor.
Warranty Disclaimer
NO WARRANTY: YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE PRODUCER WEBSITE IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ANY AND ALL SERVICES PERFORMED OR PROVIDED BY THE PRODUCER WEBSITE ARE PROVIDED "AS IS" AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND FORESTERS HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO ANY SERVICES, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. FORESTERS DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE PRODUCER WEBSITE; THAT THE FUNCTIONS CONTAINED IN, OR SERVICES PERFORMED OR PROVIDED BY, THE PRODUCER WEBSITE WILL MEET YOUR REQUIREMENTS; THAT THE OPERATION OF THE PRODUCER WEBSITE OR ITS SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE; OR THAT DEFECTS IN THE PRODUCER WEBSITE OR ITS SERVICES WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY FORESTERS OR ITS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE PRODUCER WEBSITE OR ITS SERVICES PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.
Limitation of Liability
IN NO EVENT SHALL FORESTERS, INCLUDING ITS DIRECTORS, OFFICERS, AGENTS AND EMPLOYEES, BE LIABLE TO YOU OR ANY THIRD PARTY FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, GENERAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO: (i) THESE TERMS; (ii) YOUR USE OR INABILITY TO USE THE PRODUCER WEBSITE, HOWEVER CAUSED; (iii) THE REVOCATION OF YOUR ABILITY TO USE OR ACCESS THE PRODUCER WEBSITE; (iv) RELIANCE ON CONTENTS OR INFORMATION OBTAINED THROUGH THE USE OF THE PRODUCER WEBSITE; AND (v) ANY OTHER MATTER RELATING TO THESE TERMS, THE PRODUCER WEBSITE, OR THE PRODUCER WEBSITE’S CONTENT. ANY AND ALL OF THE LIMITATIONS OF LIABILITY CONTAINED IN THESE TERMS APPLY EVEN IF FORESTERS HAS BEEN ADVISED OF THE POSSIBILITY OF ANY DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU.
Product Descriptions
Product descriptions are abbreviated summaries of products highlighting some of their features. Products should be reviewed in detail in reference to the legal documents that govern them. It is not the intention of Foresters to advertise products or services to residents of jurisdictions in which those products or services are not available.
Use of Cookies
Foresters uses “cookies” to enable you to sign into Foresters Producer Website from a desktop or mobile device and to help personalize your online experience. A cookie is a small text file that is placed on your hard disk by a web page server. Cookies contain information that can later be read by a web server in the domain that issued the cookie to you.
Foresters uses cookies to store your preferences and other information in order to save you time by eliminating the need to repeatedly enter the same information and to display your personalized content.
When you sign into the Site using your username and password, your unique ID number and the time you signed in are stored in an encrypted cookie. This cookie allows you to move from page to page without having to sign in again on each page. When you sign out, these cookies are deleted. Your e-mail address may be stored in a cookie that will remain on your computer or mobile device after you sign out. If you are using a public computer or do not otherwise want this information to be stored then you can select the appropriate radio button on the sign-in page and this cookie will not be used.
You have the ability to accept or decline cookies. Most browsers automatically accept cookies, but you can usually modify your browser settings to decline cookies if you prefer. If you choose to decline cookies then you may not be able to sign in or use the other interactive features of the site that depend on cookies.
Foresters uses cookies to store your preferences and other information in order to save you time by eliminating the need to repeatedly enter the same information and to display your personalized content.
When you sign into the Site using your username and password, your unique ID number and the time you signed in are stored in an encrypted cookie. This cookie allows you to move from page to page without having to sign in again on each page. When you sign out, these cookies are deleted. Your e-mail address may be stored in a cookie that will remain on your computer or mobile device after you sign out. If you are using a public computer or do not otherwise want this information to be stored then you can select the appropriate radio button on the sign-in page and this cookie will not be used.
You have the ability to accept or decline cookies. Most browsers automatically accept cookies, but you can usually modify your browser settings to decline cookies if you prefer. If you choose to decline cookies then you may not be able to sign in or use the other interactive features of the site that depend on cookies.
Ownership and Use of Content
The content of this Site is protected by copyright. You can copy information for your own personal non-commercial use but may not otherwise republish or reproduce any part without the prior written permission of the applicable Foresters entity.
Trademarks
Foresters is the copyright owner of all text and graphic images contained on this website, unless otherwise indicated. Foresters trademarks and logo may only be used with the prior written permission of and a license agreement from Foresters, and may only be used if displayed in their correct form, in compliance with our organizational standards, and in keeping with practices that protect our trademarks and copyrighted material. Ownership of the trademarks must be attributed to Foresters in a manner satisfactory to us.
License for Use of Foresters Biz App (the "App")
- Scope of License: Subject to these Terms, Foresters grants you a personal, non-transferable, revocable license to install and use the App on your mobile device(s). This license does not allow you to use the App on any mobile device that you do not own or control, and you may not distribute or make the App available over a network where it could be used by others. These Terms will govern any upgrades or new versions of the App provided by Foresters unless any such upgrades or new versions are accompanied by a separate license agreement, in which case the terms of that license agreement will govern.
- Ownership: The App is protected by copyright and other intellectual property laws and international treaties. All title to any intellectual property, including copyrights in the App, are and remain the property of Foresters. Foresters reserves all rights in the App not specifically granted to you under these Terms.
- Termination. The license is effective until terminated by you or Foresters. Foresters may terminate this license at any time and for any reason, with or without notice to you. Your rights under this license will terminate automatically without notice from Foresters if you fail to comply with any term(s) of this license. Upon termination of the license, you shall cease all use of the App and destroy all copies, full or partial, of the App.
- Restrictions: You may not rent, lease, lend, sell, redistribute or sublicense the App. You may not copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the App, any updates, any new versions, or any part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law). Any attempt to do so is a violation of the rights of Foresters and if You breach any of the listed restrictions then Foresters may pursue damages against you.
External Links
The Site may enable access to Foresters services and web sites (collectively and individually, "Foresters Services"). Use of the Foresters Services may require Internet access and that You accept additional terms of service.
All hypertext-linked websites are completely independent of the Site. We do not necessarily endorse any external hypertext-linked sites or their products or services. We simply provide these links as a convenience to our visitors.
Certain Foresters Services may display, include or make available content, data, information, applications or materials from third parties (“Third Party Materials”) or provide links to certain third-party web sites. By using the Foresters Services, you acknowledge and agree that Foresters is not responsible for examining or evaluating the content, accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect of such Third-Party Materials or web sites. Foresters does not warrant or endorse and does not assume and will not have any liability or responsibility to You or any other person for any Third-Party Materials or web sites, or for any other materials, products, or services of third parties. Third Party Materials and links to other web sites are provided solely as a convenience to You. Neither Foresters, nor any of its content or service providers, guarantees the availability, accuracy, completeness, reliability, or timeliness of the information displayed by any Foresters Services.
All hypertext-linked websites are completely independent of the Site. We do not necessarily endorse any external hypertext-linked sites or their products or services. We simply provide these links as a convenience to our visitors.
Certain Foresters Services may display, include or make available content, data, information, applications or materials from third parties (“Third Party Materials”) or provide links to certain third-party web sites. By using the Foresters Services, you acknowledge and agree that Foresters is not responsible for examining or evaluating the content, accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect of such Third-Party Materials or web sites. Foresters does not warrant or endorse and does not assume and will not have any liability or responsibility to You or any other person for any Third-Party Materials or web sites, or for any other materials, products, or services of third parties. Third Party Materials and links to other web sites are provided solely as a convenience to You. Neither Foresters, nor any of its content or service providers, guarantees the availability, accuracy, completeness, reliability, or timeliness of the information displayed by any Foresters Services.
Foresters Linking Agreement Terms
If you link to the Site or Foresters.com, Foresters grants you a limited, non-exclusive, nontransferable, revocable, royalty-free license to use the Foresters logo, trademarks and Internet icon(s), if available, (the "Licensed Marks") solely for the purpose of serving as a link from your website to the Site or Foresters.com. Except for the limited license to use the Licensed Marks granted in this paragraph, you may not use any of Foresters trademarks or service marks (the "Marks") for any reason without our prior written permission.
You acknowledge that all rights to the Marks, the content appearing on the Site or Foresters.com, and the look and feel of this Site belong to Foresters. You will not at any time directly or indirectly contest or infringe these rights.
You acknowledge that all rights to the Marks, the content appearing on the Site or Foresters.com, and the look and feel of this Site belong to Foresters. You will not at any time directly or indirectly contest or infringe these rights.
Link Conditions
If you link to the Foresters website, your website:
- Should not create frames around the Foresters website or use any technique that alters the visual presentation of Foresters website without specific permission from Foresters.
- Should not alter the Foresters logo in any way (including any reduction in size (kilobytes) or change in dimensions).
- Should not imply that Foresters is endorsing you or your products or services.
- In the absence of any affiliation with Foresters, should not imply an affiliation between your company and Foresters.
- Should not misrepresent your relationship with Foresters or present false or misleading impressions about Foresters products or services
- Should not contain materials that may be interpreted as distasteful or offensive; all materials should be appropriate for all age groups.
- Should not use the Foresters logo and any other Foresters names, marks, or other materials in a manner that is likely to cause confusion, dilute or damage the reputation or image of Foresters or any of its products and services.
- On our written or electronic request, should immediately cease and desist using our logo and/or linking to the Site or Foresters.com.
Governing Law
If any provision in these Terms of Use is held invalid or unenforceable under applicable law, the remaining provisions will continue in full force and effect. These conditions of use shall be governed by and construed in accordance with the laws of the Province of Ontario and the applicable laws of Canada. You hereby consent and submit to the exclusive jurisdiction of the courts of the Province of Ontario sitting in the City of Toronto in any action or proceeding related to your use of this site.
Further Information
For more information concerning these Terms, please contact:
Attention: Chief Legal Officer
The Independent Order of Foresters
789 Don Mills Road
Toronto, Ontario
CANADA
M3C 1T9
P: 1-866-466-7166
Attention: Chief Legal Officer
The Independent Order of Foresters
789 Don Mills Road
Toronto, Ontario
CANADA
M3C 1T9
P: 1-866-466-7166
For Producer use only. Not for use with the public.
417390 US 01/21