Terms of Use
Overview
Welcome to the website of The Penn Mutual Life Insurance Company and its subsidiaries and affiliates ("Penn Mutual," "we," "our," or "us"). Please read the following Terms of Use (these "Terms") carefully before using our online insurance portal, ACE-- Accelerated Customer Experience (the "Portal"), visiting our website, located at www.pennmutual.com (the "Website"), or participating in or using any other website, mobile application, online feature, product, service, and/or program offered by us (collectively, with the Portal and the Website, the "Web Properties"). These Terms are in effect for all of our Web Properties.
These Terms do not apply to any other web page operated and/or owned by any entity other than Penn Mutual, including, but not limited to, any website, mobile application, blog, forum, or other material operated by any third party identified on the Web Properties (collectively, "Third Party Properties"). When visiting or using these Third Party Properties, you should refer to the terms and conditions in effect for the applicable owner.
PLEASE READ THESE TERMS CAREFULLY. THEY INCLUDE IMPORTANT INFORMATION ABOUT YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS, INCLUDING VARIOUS LIMITATIONS AND EXCLUSIONS, AND A CLAUSE THAT GOVERNS THE PROCEDURE, JURISDICTION, AND VENUE OF ANY DISPUTES. BY ACCESSING OR USING THE WEB PROPERTIES, YOU ARE ENTERING INTO A LEGAL CONTRACT WITH US REGARDING YOUR USE OF THE WEB PROPERTIES. YOU AGREE TO BE BOUND BY THESE TERMS AND ALL ADDITIONAL TERMS INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO ANY PORTION OF THESE TERMS, YOU SHOULD NOT ACCESS OR OTHERWISE USE THE WEB PROPERTIES.
Convenience and Information Only
Web Properties Use and Content
Restrictions on Use
Updates
Privacy
User Account, Password and Security
To the extent that a user account is created by you to access the Portal, Penn Mutual Online Account Access, or to use any of the other Web Properties (“User Account”), the following shall apply:
(a)User Account. To access certain features and/or Content available through the Web Properties, we may require that you sign up using your email address and a password to create a User Account. If you do not create a User Account, you may not have access to certain functionality of the Web Properties. We use reasonable precautions to protect the privacy of your username, password, and User Account information. However, you are ultimately responsible for protecting your username, password, and User Account information from disclosure to third parties, and you are not permitted to circumvent the use of required encryption technologies, if any. You agree to: (i) immediately notify us of any unauthorized use of your username, password, or User Account, or any other breach of security; (ii) ensure that you exit from your User Account at the end of each session; and (iii) use a security passcode to secure your device where your User Account information is stored. While we may provide certain encryption technologies and use other reasonable precautions to protect your confidential information and provide suitable security, we do not and cannot guarantee or warrant that information transmitted through the Internet is secure, or that such transmissions are free from delay, interruption, interception, or error.
(b)Accurate Information. In creating and using your User Account, you agree to: (i) provide true, accurate, current, and complete information about yourself on any registration form required for the Web Properties, including, but not limited to, your full name, email address, and zip code (such information being the “Registration Data”); and (ii) maintain and promptly update the Registration Data to keep it true, accurate, current, and complete. If you provide any information that is untrue, inaccurate, not current, or incomplete, or if we have reasonable grounds to suspect that such information is untrue, inaccurate, not current, or incomplete, then we have the right to suspend or terminate your User Account and refuse any and all current or future use of your User Account.
(c)Non-Transferability of User Account. Access to and use of password protected or secure areas of the Web Properties are restricted to authorized persons using a User Account. Any user who accesses or attempts to access such areas without authorization may be subject to prosecution. User Accounts and usernames are non-transferable, and all users are obligated to take preventative measures to prohibit unauthorized users from accessing the Web Properties with his or her username and password. We are entitled to act on all instructions received by anyone using your User Account, and you agree that you are solely responsible for any activity that occurs under your User Account.
(d)Account Deactivation. We reserve the right to deactivate or cancel a User Account in our sole discretion, including for the following reasons: (i) you request such deactivation; (ii) you are deceased; (iii) you do not respond to repeated communication attempts regarding the status of your User Account; (iv) you fail to make payments related to your User Account (if applicable); (v) you reside in or relocate to a state or country where use of a User Account is prohibited under applicable law; or (vi) you act in a fraudulent or an inappropriate manner while using the User Account.
Insurance Quotes and Coverage
Limitations of Services Provided
(a) Availability. Penn Mutual is licensed to sell life insurance in all 50 states and in the District of Columbia. However, not all products or services listed on the Web Properties are available in every state, and the products are not available for purchase outside the United States. Penn Mutual reserves the right to determine the eligibility of any user for any product or service.
(b) Not Professional or Investment Advice. The information available on the Web Properties is intended to be a general information resource regarding the matters covered, but is not offered as insurance, investment, legal, accounting, tax, or other professional advice, and it is not tailored to your specific circumstance. You should evaluate all information, opinions and advice available on the Web Properties in consultation with your insurance agent.
(c) Not an Insurance Contract. The information provided on the Web Properties is provided only as a general description of our services, products and coverage. It does not include all of the benefits, conditions, limitations, and exclusions that may apply to our insurance policies and services. Only a written policy, providing the precise coverage and terms and conditions constitutes a contract. For complete details of the coverage provided by your policy, please be sure to read the contract, including all endorsements.
Objectionable Material
Not Intended for Children
Disclaimers
(a)No Warranties for Web Properties. When using the Web Properties, information will be transmitted in such a way that may be beyond our control. Accordingly, we make no warranty concerning the delay, failure, interruption, or corruption of any data, the Content or any other information transmitted in connection with the use of the Web Properties. YOU EXPRESSLY AGREE THAT YOUR USE OF THE WEB PROPERTIES IS AT YOUR SOLE RISK. THE WEB PROPERTIES AND THE CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE” FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, UNLESS THESE WARRANTIES ARE LEGALLY INCAPABLE OF EXCLUSION. WE MAKE NO REPRESENTATIONS OR WARRANTIES THAT THE WEB PROPERTIES AND THE CONTENT, OR ANY SERVICES OR FEATURES OFFERED IN CONNECTION WITH THE WEB PROPERTIES, ARE OR WILL REMAIN UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEB PAGES ACCESSIBLE ON OR THROUGH THE WEB PROPERTIES, OR THE SERVERS USED IN CONNECTION WITH THE WEB PROPERTIES, ARE OR WILL REMAIN FREE FROM ANY VIRUS, WORM, TIME BOMB, DROP DEAD DEVICE, TROJAN HORSE, OR OTHER HARMFUL COMPONENT. WE DO NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE THE WEB PROPERTIES AT TIMES OR LOCATIONS OF YOUR CHOOSING, OR THAT WE WILL HAVE ADEQUATE CAPACITY FOR THE WEB PROPERTIES AS A WHOLE OR IN ANY SPECIFIC GEOGRAPHIC AREA. WE MAKE NO REPRESENTATION OR WARRANTY REGARDING GOVERNMENT COMPLIANCE OF ANY SOFTWARE USED IN RUNNING THE WEB PROPERTIES. OUR ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO THE USE OF ANY SERVICE OR PRODUCT PROVIDED ON OR THROUGH THE WEB PROPERTIES WILL BE THE REFUND OF THE PURCHASE PRICE FOR ANY CONTENT, PRODUCTS, OR SERVICES WHICH ARE REASONABLY FOUND TO BE INADEQUATE.
(b)Indemnification. You agree to defend, indemnify, and hold Penn Mutual and our directors, officers, employees, agents, successors, and assigns harmless from and against any claim, demand, suit, proceeding, liability, judgment, loss, damage, expense, and cost (including, but not limited to, reasonable attorneys’ fees) assessed or incurred by such party, directly or indirectly, with respect to or arising out of: (i) your failure to comply with these Terms; (ii) your breach of your obligations under these Terms; (iii) your use of the rights granted hereunder, including, but not limited to, any claims made by any third parties; and/or (iv) any claim that any comment or other information you provide through the Web Properties caused damage to or violated the rights of a third party.
(c)Your Responsibilities. You are responsible for establishing such procedures as you deem appropriate to verify the accuracy of data transmitted to us using the Portal or other Web Properties, and we will have no obligation to verify the accuracy of such data. Your use of the Web Properties is subject to the additional disclaimers and caveats that may appear throughout the Web Properties.
(d) Network Access and Devices. You are responsible for obtaining the data network access necessary to use the Web Properties. If you are accessing the Web Properties on your mobile device, your network’s data and messaging rates and fees may apply. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Web Properties and any updates thereto. We do not guarantee that the Web Properties, or any portion thereof, will function on any particular hardware or devices. In addition, all Web Properties may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications.
Limitation of Liability
Third Party Content and Third Party Applications
We may provide hyperlinks to other websites maintained by third parties, or we may provide third party content on the Web Properties by framing or other methods (collectively, “Third Party Content”). In addition, the Web Properties may include certain applications, features, programs, and services provided by third parties (collectively, “Third Party Applications”). We do not monitor Third Party Content or Third Party Applications and can make no guarantee as to the accuracy or completeness of such Third Party Content or Third Party Applications. The links to third party websites, any Third Party Content, and any Third Party Applications are provided for your convenience and information only. The content on any linked website or in any Third Party Application is not under our control and we are not responsible for the content of linked websites and/or Third Party Applications, including any further links contained in a third party website. We make no representation or warranty in connection with any Third Party Content or Third Party Application, which at all times and in each instance is provided “as is.” If you decide to access any of the third party websites linked to the Web Properties, any Third Party Content, and/or any Third Party Application, you do so entirely at your own risk.
If a third party links or refers to the Web Properties, it is not necessarily an indication of an endorsement, authorization, sponsorship, affiliation, joint venture, or partnership by or with us. In most cases, we are not even aware that a third party has linked to or refers to the Web Properties.
Intellectual Property
The Content of the Web Properties is intellectual property owned, controlled and/or licensed by us and/or our subsidiaries and affiliates, or intellectual property that we are legally permitted to access and use. All applicable intellectual property laws, including copyright laws, protect our rights in and to the Content. No portion of the Content may be reproduced in any form or by any means, except as provided in Section 2 (Web Properties Use and Content) and elsewhere in these Terms.
We are the owner or authorized licensee of, or are otherwise permitted to use, all trademarks, service marks, and logos used and displayed on the Web Properties. All trademarks and service marks of Penn Mutual that may be referred to on the Web Properties are the property of Penn Mutual. Other parties’ trademarks and service marks that may be referred to on the Web Properties are the property of their respective owners. Nothing on the Web Properties should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of our or our affiliates’ trademarks, service marks, or copyrights without our prior written permission. Neither the name of The Penn Mutual Life Insurance Company, nor any of our trademarks, service marks, logos, or copyrighted materials may be used in any way, including in any advertising, hyperlink, publicity, or promotional materials of any kind, whether relating to the Web Properties or otherwise, without our prior, written permission, except that a third party website that desires to link to the Web Properties and that complies with the requirements of Section 13 (Third Party Content and Third Party Applications) above may use the name “The Penn Mutual Life Insurance Company” or the title of any Content in or as part of that link.
Copyright Complaints
We own, protect and enforce copyright and other rights in our own intellectual property, and respect the intellectual property rights of others. We will respond to alleged copyright infringement in accordance with the Digital Millennium Copyright Act (“DMCA”). Under the DMCA, a copyright owner may give notification to an online service provider of an alleged copyright infringement. During this process, the service provider responds by taking down the alleged infringing content, and takes reasonable steps to contact the owner of the removed content so that a counter-notification may be filed. If a valid counter-notification is filed, we typically will restore the content in question, unless we receive notice from the notification provider that a legal action has been filed seeking a court order to restrain the alleged infringer from engaging in the infringing activity. We may provide copies of such notices to the affected parties or to any other third parties, at our discretion and as required by law. Our Privacy Notice, located at https://www.pennmutual.com/privacy-policies, does not protect information provided in these notices.
When notifying us of potential infringement, you must include the following:
• identification of the copyrighted work(s) claimed to have been infringed. If multiple copyrighted works, then a representative list of such works on the Web Properties;
• identification of the supposedly infringing material that is to be removed;
• information reasonably sufficient to permit us to locate the material on the Web Properties;
• contact information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, or email address;
• a statement that the complaining party has a good faith belief that use of the material is in fact infringing and/or not authorized by the copyright owner, its agent, or the law;
• a statement that, under penalty of perjury, the information in the notification is accurate and where relevant that the complaining party is authorized to act on behalf of the copyright owner; and
• the signature, physical or electronic, of the copyright owner or a person authorized to act on his or her behalf.
A provider of content subject to a claim of infringement may make a counter notification. To file a counter notification with us, please provide the DMCA Agent a written communication containing the following:
• identification of the supposedly infringing material that is to be removed;
• a statement that, under penalty of perjury, you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled;
• your name, address, and telephone number, and a statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which your postal address is located, and that you will accept service of process from the party who submitted the infringement notification or his, her, or its principal or agent; and
• the signature, physical or electronic, of you or a person authorized to act on your behalf.
We will promptly provide the party that provided the notice of claimed infringement with a copy of the counter notification, and inform the complaining party that we restore the removed or disabled content within ten (10) business days. If we do not receive notice that a lawsuit has been filed within ten (10) business days after we provide notice of the counter-notification, we will restore the removed or disabled materials. Until that time, your materials will remain removed or disabled.
Notice of alleged infringement must be sent by electronic mail to our DMCA Agent at privacy@pennmutual.com, or by certified mail and marked “Copyright Infringement”, Attn: CHIEF PRIVACY OFFICER at the address set forth at the end of these Terms.
Before filing such a notification, make a careful determination as to whether or not the use of the material at issue is or may be protected by the “fair use” doctrine. You could potentially be held liable for costs and attorneys’ fees should you file a takedown notice where there is no infringing use. If you are unsure whether there is infringement, it may be advisable to seek legal counsel.
Termination of Service
Additional Remedies
Governing Law, Jurisdiction and Venue
Local Laws
Export Restrictions
Customer Comments
Company Information
Illinois Department of Insurance
Company Bulletin 2015-13. Penn Mutual implemented the following guidelines to help provide safeguards for consumers and to ensure that Illinois consumers affected by the widespread flooding disaster do not suffer unnecessary hardship:
• For any cancellation or nonrenewal notice issued on or after December 29, 2015, on any in-force policy issued to an affected policyholder, upon receipt of premium Penn Mutual shall withdraw the cancellation or nonrenewal and reinstate the policy with no lapse in coverage until February 29, 2016.
• Penn Mutual shall grant to affected policyholders an extension of any and all policy provisions or other requirements that impose a time limit for an insured or claimant to perform any act, including the submission of a claim or proof of loss, reporting of information, submission of bills, or payment of funds for a minimum of sixty (60) days from the last date allowed or required under the terms of the contract or allowed or required by the insurer, or longer if deemed reasonable given an individual consumer’s circumstance.
For disaster-related disputes or issues, contact the Illinois Department of Insurance at its toll-free complaint hotline: (866) 445-5364, or file a complaint online at https://mc.insurance.illinois.gov/messagecenter.nsf.
Electronic Signature and Delivery
(a) Conducting Business Electronically. By using the Web Properties, you consent to receive electronic communications from us unless you follow applicable opt out procedures. We will communicate with you by email or by posting notices on our Web Properties. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communication be in writing. Your current valid email address is required in order for you to obtain documents electronically, and you agree to keep us informed of any changes in your email address. Conducting business with Penn Mutual electronically includes: signing and receiving documents electronically; signing documents electronically using electronic signature; and allowing Penn Mutual to accept instructions from you electronically. You are responsible for obtaining the hardware and software that is required for you to conduct business with us electronically.
(b) Consent to Use of Electronic and Voice Signatures. You are consenting to the use of your electronic signature and/or voice signature on documents including or related to an application for life insurance, and you agree that your electronic signatures and/or voice signature on such documents is the legal equivalent of your manual signature. Additionally, you are consenting to allowing Penn Mutual to accept telephonic instructions from you in relation to your use of the Web Properties and purchase of life insurance policies with us.
(c) Withdraw or Reject Consent. If you do not want to continue to receive electronic communication, you have the right to reject providing your consent. You may withdraw your consent to sign or receive future communications electronically by contacting us at (800)-523-0650. In that event, the withdrawal of your consent will be effective on the date we receive and process such request, and all future communications will be sent to you in paper at no additional expense. Please note that if you withdraw your consent, you will still remain subject to the Terms set forth on the Web Properties.
(d) Request Paper Copies. We will not send you a paper copy of communications provided electronically unless you request it. To obtain a paper copy, you may print it yourself or request a copy by contacting Penn Mutual at the address set forth at the end of these Terms.
Your Consent To This Agreement
By accessing and using the Web Properties, you consent to and agree to be bound by these Terms. If we decide to change these Terms or some part of them, we will make an effort to post those changes on this web page so that you will always be able to understand and agree to the terms and conditions governing your use of the Web Properties. Your use of the Web Properties following your acceptance of any amendment of these Terms will signify your assent to and acceptance of the revised Terms for all previously collected information and information collected from you in the future. If you have additional questions or comments of any kind, or if you see anything on the Web Properties that you think is inappropriate, please let us know by sending your comments or requests to:
The Penn Mutual Life Insurance
161 East Washington Street, 11th Floor, Suite 1111
Conshohocken, PA 19428
Phone: (800)-523-0650
privacy@pennmutual.com
Copyright © 2018. The Penn Mutual Life Insurance Company. All Rights Reserved.
Effective as of: November 7, 2018
Last updated: November 7, 2019