Legal - Terms of Use

Please read the following Terms of Use carefully before you use the Producer Website.

 

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. You must read and accept all Terms before using or accessing the Producer Website. By accessing the Producer Website by any means, you are agreeing to these Terms and your continued use of the Producer Website 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. In our sole discretion, we may change , modify, add or remove portions of the Terms at any time without prior notice. The amended Terms are effective as soon as we post them. Your continued use of the Producer Website will be deemed acceptance thereof. You should therefore review these Terms regularly.

The use of the Producer Website is also subject to the terms and conditions located in your General Agent Agreement and/or your Producer Agreement, Foresters Privacy Policy (http://www.foresters.com/en/corporate-legal?t=privacy-policy-tab-us#tabs), Legal Terms (http://www.foresters.com/en/corporate-legal) and other policies and procedures located on the Foresters Market Conduct & Compliance page that can be found on the Producer Website (collectively "Foresters Policies").

On this page, “you” or “your” mean the person using the site. “We”, “us” or “our” mean The Independent Order of Foresters and its affiliated companies and subsidiaries (“Foresters”).

Additional or different terms of use may apply to other websites for Foresters, and you should review the terms of use posted on the website(s) you wish to use.

A special Notice about the Producer Website
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. 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 privacy@foresters.com.
Privacy and Security
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.

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.
Use of Visitor Information
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. For more information, please refer to the Foresters Enterprise Cookie Policy here.
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 company. 
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. 
External Links
All hypertext-linked websites are completely independent of this site. We do not endorse any external hypertext-linked sites or their products or services. We simply provide these links as a convenience to our site visitors. 
Foresters Linking Agreement Terms 
Foresters welcomes links to 
www.foresters.com. If you want to link to the Foresters website, you may do so, provided you agree to the Link Conditions, below. By establishing a link to the Foresters website, you are deemed to have agreed to these Link Conditions.

If you link to our website, 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 our website. 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 website, and the look and feel of this website 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. 
  • Should immediately cease and desist using our logo and/or linking to our site on our written or electronic request.
Foresters has no responsibility or liability for any content appearing on your website. 
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: General Counsel
The Independent Order of Foresters
789 Don Mills Road
Toronto, Ontario
CANADA
M3C 1T9
P: 1-866-466-7166
Need Help?
Foresters Sales Support:
866 466 7166 (Option 1)

Foresters products and riders may not be available or approved in all states and are subject to eligibility requirements, underwriting approval, limitations, contract terms and conditions and state variations. Refer to the applicable Foresters contract for your state for these terms and conditions. Products underwritten by The Independent Order of Foresters.

For Producer use only. Not for use with the public.

417390 US 12/19