Welcome to the Eagil.com website (the “Website”). The Website is an Internet property of Eagil Financial Group LLC (“Eagil,” “us” or “we”). By using and/or accessing the Website, you are agreeing to comply with and be bound by the following Terms and Conditions (the “Agreement”). This Agreement is inclusive of any and all operating rules, policies, price schedules and/or other supplemental terms and conditions or documents expressly incorporated herein by reference and/or published from time to time. Please review the following terms of this Agreement carefully. If you do not consent to this Agreement in its entirety, you are not authorized to use this Website in any manner or form.
1. ACCEPTANCE OF AGREEMENT. You agree to the terms and conditions outlined in this Agreement with respect to your use of the Website. This Agreement constitutes the entire and only agreement between you and Eagil with respect to your use of the Website, and supersedes all prior or contemporaneous agreements, representations, warranties and/or understandings with respect to the Website. We may amend this Agreement from time to time in our sole discretion, without specific notice to you. The latest Agreement will be posted on the Website, and you should review this Agreement prior to using the Website. By your continued use of the Website, you hereby agree to all the terms and conditions contained within the Agreement effective at that time. Therefore, you should regularly check this page for updates and/or changes.
2. REQUIREMENTS. The Website is available only to individuals that can enter into legally binding contracts under applicable law. The Website is not intended for use by individuals under the age of eighteen (18). If you are under the age of eighteen (18), you do not have permission to use and/or access the Website.
3. DESCRIPTION OF SERVICES. By registering on the Website, you can apply for or attempt to obtain, a quote regarding the sale of your life insurance policy to Eagil. Should Eagil initially approve your application as being eligible for life settlement services, Eagil will contact you about its life settlement services (“Services”). Unless explicitly stated otherwise, any future offer(s) made available to you on the Website that augments or otherwise enhances the current features of the Website shall be subject to this Agreement. You understand and agree that Eagil is not responsible or liable in any manner whatsoever for your inability to use Eagil sponsored products and/or Services or any associated functionality. You understand and agree that Eagil shall not be liable to you or any third party for any modification, suspension or discontinuation of the Services. This Agreement governs your use of the Website and ability to obtain the Services. To access the Eagil Privacy Policy Click Here
4. REGISTRATION/ACCOUNT. To obtain information on or apply for the Services through the Website, you must first submit your registration to Eagil for approval. Eagil reserves the right, in its sole discretion, to deny any Eagil sponsored product and/or service including, without limitation, the Services, to anyone and for any reason, whatsoever as permitted by law. The registration data that you must supply on the Website in order to apply for the Services and/or attempt to obtain other Eagil sponsored products and services may include, without limitation, all or some of the following: (a) name; (b) gender; (c) e-mail address; (d) mailing address; (e) daytime telephone number, nighttime telephone number and/or cellular telephone number; (f) birth date; (g) information regarding your health and any existing medical conditions; (h) information regarding your bank account; (i) Social Security Number; and (j) answers to various eligibility questions, including providing information (or authorizing us to locate information) concerning your existing life insurance policy(ies) (collectively, “Registration Data”). You agree to provide true, accurate, current and complete Registration Data and to update your Registration Data as necessary to maintain it in an up to date and accurate fashion. Eagil will verify and approve all registrants in accordance with its standard verification procedures. Once you have submitted your Registration Data on the Website, we will review the submission and send a confirmation e-mail to you if Eagil preliminarily approves your registration for the Services. You must click on the link contained in the confirmation e-mail to be directed to the Website and confirm your Registration Data. Registration Data may be verified by various sources including, without limitation, by the applicant via telephone or electronic verification methods and, where applicable, by third-party credit report providers and medical underwriters. Where Eagil determines, in its sole discretion, that your Services application is incomplete or otherwise unsatisfactory, Eagil may direct you in the confirmation e-mail or by other communication means to call the enclosed customer service number in order to correct any applicable problem(s) with your registration.
5. LICENSE GRANT. As a user of this Website, you are granted a non-exclusive, non-transferable, revocable and limited license to access and use the Website and associated Website content in accordance with this Agreement. Eagil may terminate this license at any time for any reason. You may use the Website on one computer for your own personal, non-commercial use. No part of the Website may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical. You may not use, copy, emulate, clone, rent, lease, sell, modify, decompile, disassemble, reverse engineer or transfer the Website, Website content or any portion thereof. Eagil reserves any rights not explicitly granted in this Agreement. You may not use any device, software or routine to interfere or attempt to interfere with the proper working of the Website. You may not take any action that imposes an unreasonable or disproportionately large load on Eagil infrastructure. Your right to use the Website is not transferable.
6. PROPRIETARY RIGHTS. The content, organization, graphics, design, compilation, magnetic translation, digital conversion, software, Services and the Website, are protected under applicable copyrights, trademarks and other proprietary (including, but not limited to, intellectual property) rights. The copying, redistribution or publication by you of any part of the Services and/or Website is strictly prohibited. You do not acquire ownership rights to any content, document, software, services or other materials viewed at or through the Website. The posting of information or material at the Website by Eagil does not constitute a waiver of any right in such information and materials.
7. EDITING, DELETION & MODIFICATION. We reserve the right in our sole discretion to edit and/or delete any documents, information or other content appearing on the Website.
8. INDEMNIFICATION. You agree to release, indemnify and hold Eagil, its parents, subsidiaries and affiliates, and each of their respective members, officers, directors, employees, agents, co-branders and/or other partners, harmless from and against any and all claims, expenses (including reasonable attorneys' fees, costs and settlement costs), damages, suits, costs, demands and/or judgments whatsoever, made by any third party due to or arising out of: (a) your use of the Services and/or the Website; (b) your breach of this Agreement; and/or (c) your violation of any rights of another individual and/or entity. The provisions of this Section 8 are for the benefit of Eagil, its parent, subsidiaries and/or affiliates, and each of their respective members, officers, directors, employees, agents, shareholders, licensors, suppliers and/or attorneys. Each of these individuals and entities shall have the right to assert and enforce these provisions directly against you on its own behalf.
9. DISCLAIMER OF WARRANTIES. THE WEBSITE, THE SERVICES AND ANY OTHER LIFE SETTLEMENT SERVICES THAT YOU MAY RECEIVE FROM EAGIL ARE PROVIDED TO YOU ON AN "AS IS" AND "AS AVAILABLE" BASIS. ALL WARRANTIES, EXPRESS AND IMPLIED, ARE DISCLAIMED TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW (INCLUDING, BUT NOT LIMITED TO, THE DISCLAIMER OF ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY AND/OR FITNESS FOR A PARTICULAR PURPOSE). IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, EAGIL MAKES NO WARRANTY THAT: (A) THE WEBSITE, THE SERVICES AND ANY OTHER LIFE SETTLEMENT SERVICES THAT YOU MAY RECEIVE FROM EAGIL WILL MEET YOUR REQUIREMENTS: (B) THE WEBSITE, THE SERVICES AND ANY OTHER LIFE SETTLEMENT SERVICES THAT YOU MAY RECEIVE FROM EAGIL WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; OR (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE, THE SERVICES AND ANY OTHER LIFE SETTLEMENT SERVICES THAT YOU MAY RECEIVE FROM EAGIL WILL BE ACCURATE OR RELIABLE. THE WEBSITE, THE SERVICES AND ANY OTHER LIFE SETTLEMENT SERVICES THAT YOU MAY RECEIVE FROM EAGIL MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. WE WILL NOT BE LIABLE FOR THE AVAILABILITY OF THE UNDERLYING INTERNET CONNECTION ASSOCIATED WITH THE WEBSITE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM EAGIL OR THROUGH OR FROM THE WEBSITE AND/OR THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.
10. LIMITATION OF LIABILITY. YOU EXPRESSLY UNDERSTAND AND AGREE THAT EAGIL SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL AND/OR EXEMPLARY DAMAGES INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF EAGIL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), TO THE FULLEST EXTENT PERMISSIBLE BY LAW FOR: (A) THE USE OR THE INABILITY TO USE THE SERVICES; (B) THE FAILURE TO QUALIFY FOR ANY OF THE EAGIL PRODUCTS AND/OR SERVICES; (C) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY PROBLEM(S) WITH THE GOODS, DATA, INFORMATION AND/OR SERVICES PURCHASED OR OBTAINED FROM THE WEBSITE, OR TRANSACTIONS ENTERED INTO, THROUGH OR FROM THE WEBSITE; (D) THE UNAUTHORIZED ACCESS TO, OR ALTERATION OF, YOUR REGISTRATION DATA; (E) ANY MATTER RELATING TO ANY EAGIL PRODUCTS AND/OR SERVICES; AND (F) ANY OTHER MATTER RELATING TO THE OTHER PRODUCTS AND/OR SERVICES MADE AVAILABLE ON THE WEBSITE AND/OR THE WEBSITE ITSELF. THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION, IN THE AGGREGATE INCLUDING, BUT NOT LIMITED TO, BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATIONS, AND ANY AND ALL OTHER TORTS. YOU HEREBY RELEASE EAGIL AND ITS SUPPLIERS, FROM ANY AND ALL OBLIGATIONS, LIABILITIES, AND CLAIMS IN EXCESS OF THE LIMITATION STATED HEREIN. IF APPLICABLE LAW DOES NOT PERMIT SUCH LIMITATION, THE MAXIMUM LIABILITY OF EAGIL TO YOU UNDER ANY AND ALL CIRCUMSTANCES WILL BE EQUAL TO THE AMOUNTS YOU PAID, IF ANY, FOR THE EAGIL PRODUCTS AND/OR SERVICES. YOU HEREBY RELEASE EAGIL FROM ANY AND ALL OBLIGATIONS, LIABILITIES AND CLAIMS IN EXCESS OF THE LIMITATIONS SET FORTH IN THIS SECTION. THE NEGATION OF DAMAGES SET FORTH ABOVE IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN YOU AND EAGIL. THE WEBSITE AND/OR THE SERVICES WOULD NOT BE PROVIDED TO YOU WITHOUT SUCH LIMITATIONS.
11. THIRD-PARTY WEBSITES. The Website may provide, third parties may provide, and/or refer you to, links to other Internet websites and/or resources. Because Eagil has no control over such third-party websites and/or resources, you hereby acknowledge and agree that Eagil is not responsible for the availability of such third party websites and/or resources. Furthermore, Eagil does not endorse, and is not responsible or liable for, any terms and conditions, privacy policies, content, advertising, services, products and/or other materials at or available from such third party websites or resources, or for any damages and/or losses arising therefrom.
12. LEGAL WARNING. Any attempt by any individual, whether or not an Eagil customer, to damage, destroy, tamper with, vandalize and/or otherwise interfere with the operation of this Website, is a violation of criminal and civil law and Eagil will diligently pursue any and all remedies in this regard against any offending individual or entity to the fullest extent permissible by law and in equity.
13. MISCELLANEOUS. This Agreement shall be treated as though it were executed and performed in New York, New York and shall be governed by and construed in accordance with the laws of the State of New York (without regard to its conflict of law principles). You agree that the exclusive jurisdiction and venue of any action with respect to the Agreement shall be in the State and federal courts located in the County of New York, State of New York. Should any part of this Agreement be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. This Agreement is personal between you and Eagil and governs your use of the Website, the Services and/or any other Eagil product and/or service, superseding any and all prior and/or contemporaneous agreements between you and Eagil. To the extent that anything in or associated with the Website, the Services and/or any other Eagil product and/or service is in conflict or inconsistent with this Agreement, this Agreement shall take precedence. Our failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision. The parties do not intend that any agency or partnership relationship be created through operation of this Agreement.
14. CUSTOMER SERVICE. If you have any questions, please call 1-888-693-2445 or at or email us at info@eagil.com.
