Please read all of the following terms and conditions carefully before continuing. They govern your use of the ING U.S. Internet Web site (the "Site"). By using this Site, you signify your acceptance of these Terms and Conditions of Use. Please be aware that they may be changed or updated at any time without prior notice. Changes are effective when posted on the Site. Please review them periodically for current information. By continuing to use the Site, you agree to any changes or updates. Additional legal notices, terms and conditions regarding specific companies within the ING family of companies and their products and services may be found elsewhere on the Site or on such company's own Web site, if any. Those additional legal notices, terms and conditions apply with regard to the matters specifically addressed by them. If you do not agree to these terms and conditions, do not use this Site.
The ING family of companies comprises a broad spectrum of companies owned by ING Groep N.V. (such companies referred to herein collectively as "ING"), many of them operating under their own brand names. Many ING companies have their own Web sites on the Internet. Information about specific ING companies and their products and services, and limitations and restrictions on products and services, may be found on this Site or on such company's own Website. Links to other ING company sites have been provided on this Site where available. This Site is owned and operated from offices in the State of Minnesota, United States of America, by ING North America Insurance Corporation, a Delaware corporation that is an indirect subsidiary of ING Groep N.V., with its principal place of business at 5780 Powers Ferry Road, NW, Atlanta, Georgia, on behalf of ING companies offering insurance, securities and related financial products and services in the United States.
The products and services described on this Site are offered by the individual ING companies or distributors with which the ING company has agreements. Please be aware that some products, services, product features or underlying investment options described on this Site may not be available in your jurisdiction and generally are not available outside the United States. The laws of each country, state, or territory may differ and not all products and services are available in all locations. References to products or services unavailable in your jurisdiction do not imply that these products will be made available to you, and nothing on this Site shall be considered a solicitation to buy or an offer to sell a security, insurance product or service to any person in any jurisdiction where such offer or solicitation, purchase or sale would be unlawful under the securities, insurance or other laws of such jurisdiction. Your eligibility for certain products and services is subject to final determination of underwriting qualifications or other eligibility criteria and acceptance by the ING company providing such product or service.
Variable annuities, variable life insurance, and mutual funds are offered for sale by prospectus only. To request prospectuses containing more complete information regarding registered products in your jurisdiction, including charges and expenses, please contact the appropriate ING company identified on this Site or its representative. Read each prospectus carefully before you invest or send money.
All of the information and content on this Site, including but not limited to all text, graphics, images, software applications and code, video, audio, and user interface design ("Content") is the property of ING North America Insurance Corporation or its affiliates, or is being used by ING with the express permission of a licensor, and is protected by United States and foreign copyright laws and conventions. You may not modify, reproduce, copy, distribute, transmit, display, publish, download or upload, sell, license, create derivative works of or use any aspect of the Site or its Content for commercial or public purposes or for any other purpose not expressly permitted by these Terms and Conditions. The use of the Content on any other Web site or in a networked computer environment for any purpose, or any other republication, redistribution or use of the Content, including, without limitation, framing the Content within another Web site, is expressly prohibited without the prior written permission of ING.
The trademarks, service marks, logos, URLs and domain names, registered or not, including without limitation "ING" and the ING lion, ("Marks") appearing on this Site, and any other ING company's Web site, are the property of ING companies and other parties. You may not use, copy, download, display, transmit or modify any Mark in any way without the prior written consent of the owner of such Mark. You may not include the ING name, any Mark or any variation of the foregoing, as a metatag, hidden textual element, or any other indicator that may create an impression of affiliation, sponsorship, endorsement or any other relationship between this Site, ING or any ING company and any other Web site, person, entity or organization.
From time to time, ING may provide links from this Site to a non-ING Web site or permit a link from a non-ING Web site to this Site. Such links are for your convenience only and do not imply any affiliation with, or an endorsement, authorization, sponsorship or promotion of the non-ING Web site or its owner. ING does not control or review any link, and accepts no responsibility for the content, products or services provided at these linked Web sites. If you decide to access such non-ING Web sites, you do so solely at your own risk and you should be aware that non-ING Web Sites are governed by their own terms and conditions and privacy policies. Links to this Site may be made only with the permission of ING. A link to this Site may be permitted in ING's discretion, where, without limitation, such link (a) is to this Site's homepage, (b) clearly informs users that the link is to the ING USA Web site, (c) does not imply any affiliation, endorsement, sponsorship or other relationship between the linking Web site or the Web site owner and ING, (d) delivers this Site's Content without framing or similar environment, and (e) maintains the integrity of this Site's layout, content and look and feel. ING reserves the right in its sole discretion to refuse permission or to cancel permission to link to this Site at any time.
All information submitted to ING via this Site shall be deemed and remain the property of ING and we shall be free to use, for any purpose, anywhere and in any format, any ideas, concepts, know-how or techniques contained in the information you may provide to ING through this Site. ING shall not be subject to any obligations of confidentiality regarding such information, except as specifically stated in our privacy policies, specifically agreed to or required by law. You are advised that ING does not want you to provide and prohibits you from providing any information or materials to ING that are defamatory, threatening, obscene, harassing, or otherwise unlawful or offensive, or that incorporate the proprietary material of another without authority.
No warranty. Our intent is to provide accurate and up to date content on this Site; however, that is not always possible. THEREFORE, ALL CONTENT, SERVICES AND FUNCTIONS ON THIS SITE, OR ANY OTHER WEB SITE LINKED TO THIS SITE, ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. Some jurisdictions do not allow the exclusion of certain implied warranties in which event any required warranty applies to the minimum extent legally required.
Although the information on this Site may include statements on various life events and financial, legal or tax concerns, it is provided for informational purposes only, and is not intended and should not be relied upon as legal, tax or personalized advice. ING does not warrant or make any representations regarding the suitability, usefulness or expected results of the Content, services, products or functions, including tools such as calculators, provided on this Site or any linked Web site. You should not rely solely upon this information in making any decisions, including any decision to buy a product or service from an ING company or any other company. You should consult your financial professional and legal and/or tax advisor for advice about the appropriateness of products and services for you, and the effect of state and federal law on the products, services or issues discussed on this Site, or of federal income taxes or any other taxes on amounts held or paid out under any financial products described.
No warranty or representation is made that the information on this Site is complete, accurate, up-to-date or error-free or that known defects will be corrected. Content, services, products or functions available at this Site may be changed or updated at any time without notice; but ING has no obligation to update this Site so information may be out-of-date at any given time.
No warranty or representation is made that this Site or any part or function, including without limitation any transactional function, will be available and not subject to interruption at any time.
No warranty or representation is made that any Content, service, product or function, including without limitation any downloadable files, available at this Site or any linked Web site is free of a computer virus, worm, trojan horse, timebomb or other destructive or harmful program, software, code or device which may erase, scramble, lock or disable any computer software, content or equipment or may prevent users from using a Web site or any other item of hardware or software. You should routinely scan your system and downloaded files for such disabling devices.
From time to time ING may provide information at this Site supplied by third parties. Any opinions, advice, statement, services, offers, or other information expressed or made available by a third party, are those of such third party and not ING. ING does not independently verify the information provided by third parties, does not guarantee the accuracy, completeness, timeliness or correct sequencing of such information, and assumes no responsibility for Content displayed on this Site that may be provided by another party.
IN NO EVENT WILL ING BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTIONS, LOSS OF PROGRAMS OR DATA ON YOUR EQUIPMENT, OR OTHERWISE, EVEN IF WE OR ANY OF OUR REPRESENTATIVES ARE EXPRESSLY ADVISED OF THE POSSIBILITY OR LIKELIHOOD OF SUCH DAMAGES, ARISING OUT OF OR RELATED TO ANY USE OF OR INABILITY TO USE THIS SITE, OR ANY OTHER LINKED WEB SITE, INCLUDING, WITHOUT LIMITATION, USE OF OR RELIANCE ON INFORMATION, INTERRUPTIONS, ERRORS, DEFECTS, MISTAKES, OMISSIONS, DELETION OF FILES, DISABLING DEVICES, DELAYS IN OPERATION OR TRANSMISSION, NONDELIVERY OF INFORMATION, THEFT, UNAUTHORIZED ACCESS, DISCLOSURES OF COMMUNICATIONS, OR ANY FAILURE OF PERFORMANCE. Some jurisdictions do not allow limitation or exclusion of certain liabilities or damages in which event in such jurisdiction the foregoing shall apply to the maximum extent allowed by law. You are responsible for the entire cost of all servicing, repair or correction of your property or operations, including without limitation your computer, network, software or any device, required as a result of or related to using this Site. In no event shall ING's total liability to you for damages, losses and causes of action of any kind - whether in contract, tort (including, but not limited to, negligence), strict liability or otherwise - exceed the amount paid by you, if any, for accessing this Site.
We are committed to protecting the privacy and confidentiality of your personal information. To review the ING Privacy Promise of the ING companies offering insurance, securities and related financial products and services in the United States, click here.
When you visit and navigate our site and when you communicate with us via our site, we will not collect personal information about you unless you provide us that information voluntarily. You should be aware that when you visit our Site, we collect certain information that does not identify you personally, but provides us with "usage data," such as the number of visitors we receive, what pages are visited by a visitor or the ISPs or types of browsers most frequently used. This data helps us to analyze and improve the usefulness of the information we provide at this Site and our products and services.
Please note that in certain areas of this Site there may be additional information concerning the privacy practices applicable to the use of that area. You should also be aware that many ING companies have their own web sites to which we may provide a link. These sites may have different privacy policies and practices which you should review prior to using such sites.
ING reserves the right to monitor any and all use of this Site in its discretion. However, unless required by law, we do not have any obligation to you to conduct such monitoring or to take any action based on any monitoring we may conduct.
You should be aware that in general information sent through the Internet is not secure. Email services that may be provided through this Site generally are not encrypted and do not provide a secure and private means of communication with us. Certain services offered on this Site do provide a secure means to communicate with us, (this is indicated by an icon that appears on your screen when you are using such a service).For certain types of communications through this Site, we may require the use of encryption technologies provided for your protection and/or require you to use user identification information ("UserID") and passwords. You are responsible for the confidentiality and use of your UserID, password, social security number and account number. If you become aware of any loss, theft or unauthorized use of your UserID, password, social security number or account number, immediately notify the appropriate ING company. While ING may provide those technologies and use other reasonable precautions to protect confidential information and provide suitable security, we cannot guarantee that information transmitted through the Internet is secure, or that such transmissions will be free from delay, interruption, interception or error. Please be aware that although passwords or other security protections may be in use, ING reserves the right to monitor any and all transmissions, stored messages and routine backup copies of communications to ensure appropriate system usage.
ING may make available on this Site the ability to conduct certain transactions, such as the ability to adjust allocations in investments. By using this Site to gain access to your account or other personal information, you consent to the electronic transmission of that information. You can only execute transactions, or obtain personal account information, by following the instructions stated within the appropriate password protected log-on section of this Site. WE ARE UNABLE TO EXECUTE TRANSACTIONS OR PROVIDE PERSONAL ACCOUNT INFORMATION VIA E-MAIL. When using this Web site to execute transactions, problems may occur that are beyond ING's ability to correct. Access to this Site may be limited or unavailable during periods of peak demand, systems upgrading, maintenance or other reasons. If you are not able to complete your transaction due to a system failure; fail to receive written confirmation of a transaction or its execution within ten (10) business days after execution; or receive confirmation of a transaction you did not request, you must contact the appropriate ING company immediately. ING will not assume responsibility for such system failures and errors.
The laws of the State of Minnesota govern these Terms and Conditions, without regard to its conflict of laws provisions. If you take legal action relating to these Terms and Conditions or arising out of or relating to your use of this Site, you agree to file such action only in Minnesota and you consent to submit to the personal jurisdiction of the state and federal courts of Minnesota for the purposes of pursuing any such action. Any cause of action you may have with arising out of or related to your use of this Site must be commenced within one (1) year after the cause of action arises. ING reserves the right to seek all remedies available at law and equity for violations of these Terms and Conditions, as well as the right to restrict access to this Site or any portion of it. ING does not represent that the information in this Site is appropriate or available for use in other locations, and access from certain locations may be strictly prohibited. Those who access this site do so on their own initiative and are responsible for compliance with all applicable local laws.
U.S. Export Controls Software is subject to United States export controls. No software may be downloaded or otherwise exported or re-exported (i) into (or to a national resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other country to which the United States has embargoed goods, or (ii) to anyone on the U.S. Treasury Department list of Specially Designated Nationals or the U.S. Commerce Department Table of Deny Orders. You represent and warrant that you are not located in, under the control of, or a national resident of any such country or on any such list. You agree to comply with United States export control laws and that you will not transfer any software or other content from this Site in violation of United States export controls.
These Terms and Conditions represent the entire agreement between ING and you relating to the subject matter herein. If any provision of these terms is deemed unlawful, void or for any reason unenforceable, then that provision will be deemed severed from these terms and will not affect the validity and enforceability of the remaining provisions.
Certain statements contained herein are statements of future expectations and other forward-looking statements that are based on management's current view and assumptions and involve known and unknown risks and uncertainties that could cause actual results, performance or events to differ materially from those expressed or implied in such statements. Actual results, performance or events may differ materially from those in such statements due to, without limitation (i) general economic conditions, including in particular economic conditions in ING's core markets, (ii) performance of financial markets, including emerging markets, (iii) the frequency and severity of insured loss events, (iv) mortality and morbidity levels and trends, (v) persistency levels, (vi) interest rate levels, (vii) currency exchange rates, including the Euro - U.S. dollar exchange rate, (viii) increasing levels of competition, (ix) changes in laws and regulations, including monetary convergence and the European Monetary Union, (x) changes in the policies of central banks and/or foreign governments, and (xi) general competitive factors, in each case on a global, regional and/or national basis. ING does not undertake any obligation to correct or update any forward-looking statements on this Site.