These Terms of Use govern the access to and use of the Americo Financial Life and Annuity Insurance (the “Company”) Customer Portal, Agent Tools, and Agent Portal (collectively, the “Portal”).

Your use of the Portal is subject to these Terms of Use (“TOU”), the Online Privacy Policy, if you are a current or former customer, the Customer Privacy Notice, and if you are an appointed Agent, your Agent Agreement, each of which may be updated periodically (together the “Terms of Use”). By registering a Portal account, you warrant that you possess the legal capacity to enter into this agreement and that you agree to these TOUs.

Terms of Use

1. Account Creation. To create your Portal account, you must provide certain personal information. This information is necessary to provide Portal services to you. Company maintains this data on servers located in the United States. See the Online Privacy Policy linked above for more details on how your personal information is used.
2. Accurate Information. You are responsible for keeping your demographics and contact information accurate when using the Poral. If you choose to receive information and documentation via the Portal, you must maintain a current Electronic Delivery Authorization with the Company.
3. Account Security. You agree not to share your password. You understand that you are responsible for maintaining the confidentiality of your Portal credentials. You are responsible for all activities that occur under your account.
4. Compliance. You agree to use the Portal in compliance with all applicable laws and regulations. Company may suspend your ability to access the Portal at any time, in its sole discretion and judgement, if it finds that you have violated any provision of this TOU.
5. Third-Party Websites. For your convenience, the Portal may contain certain links that will redirect you to third-party websites. Your use of Third-Party Websites is strictly at your own risk and subject to any terms of use that apply to those websites.
6. Changes to this Agreement; Your Right to Change or Discontinue Using the Portal Account. The Company may change this TOU at any time, in its sole discretion, by posting a subsequent version on its website. You are responsible for reviewing any updates to the TOU and deleting your Portal account if you do not agree to any such changes. The Company may stop providing Portal features and functionality at any time, without prior notice to you, up to and including the platform’s decommissioning. You agree that Company may terminate your access to Portal and your account without prior notice to you for any reason that Company deems appropriate. You may stop using Portal at any time. If at any time you want to delete your Portal account and terminate this TOU, you may do so by notifying Customer Service. Contact information for Customer Service can be found on the Company Website. You understand that Company may retain information collected from you during your use of the Portal following the Deletion of the Portal in accordance with this TOU and as required by law.
7. Intellectual Property. The Company reserves all ownership and intellectual property rights, including all trade secrets, patents and patent applications, copyrights, trademarks, trade names, service marks, moral rights, contractual rights, and other intellectual property and property rights in and to the Portal. The Company name and logo, along with the product and service names associated with the Portal, are trademarks of the Company, and no right or license is granted to you to use them. You may not, or permit any other individual to, (1) copy, modify or create derivative works of the Portal or its documentation; (2) reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code, underlying ideas, algorithms, fire formats, or non-public APIs of the Portal; (3) remove, alter, or obscure any proprietary notices on the Portal or documentation; (4) access the Portal to build a competitive product or service, or to benchmark, monitor performance, or otherwise evaluate the Portal for competitive purposes; (5) bypass or breach any security or access controls of the Portal; (6) use the Portal in violation of applicable law or in a manner that infringes, misappropriates or violates the rights of any third party; and (7) upload or transmit Malicious Code or use the Service to store or process any prohibited data.
8. Warranties and Disclaimer.
   1. Warranties by You. You hereby represent, warrant, and covenant for the benefit of Company that you have the legal right and capacity to enter into this Agreement. You further represent, warrant, and covenant that: (i) you are not located in a country that is subject to a U.S. Government embargo; (ii) you are not listed on any U.S. Government list of prohibited or restricted parties; and (iii) you will not use the Portal for any purposes prohibited by United States law. You may not use or otherwise export or re-export the Portal except as authorized by United States Law and other laws applicable to You. In particular, but without limitation, Portal may not be exported or re-exported (1) into any U.S. embargoed countries or (2) to anyone on the U.S. Treasury’s Department’s list of Specially Designated Nationals or the U.S. Department of Commerce Denied Persons List or Entity List.
   2. DISCLAIMER. TO THE MAXIMUM EXTENT PERMITTED BY LAW, PORTAL (INCLUDING ALL RELATED CONTENT), SERVICES, AND THIRD PARTY MATERIALS ARE PROVIDED TO YOU STRICTLY “AS-IS” AND “AS-AVAILABLE” AND COMPANY DISCLAIMS ALL WARRANTIES AND REPRESENTATIONS OF ANY KIND WITH REGARD TO PORTAL, THE SERVICES AND ANY OTHER SUBJECT MATTER OF THIS AGREEMENT, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ANY WARRANTY OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THAT THE USE OF THE PORTAL, SERVICES, OR THIRD PARTY MATERIALS WILL BE UNINTERUPTED OR ERROR FREE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY COMPANY, ITS EMPLOYEES, OR AGENTS, WILL CREATE ANY WARRANTIES BY OR ON BEHALF OF COMPANY. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, THE ABOVE EXCLUSION OF IMPLIED WARRANTIES MAY NOT APPLY TO YOU.
9. Limitation of Liability.
   1. LIMITATION. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL COMPANY OR ITS AFFILIATES BY LIABILE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT, EXEMPLARY OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING IN ANY WAY IN CONNECTION WITH OR OUT OF THIS AGREEMENT, THE PORTAL, ANY SERVICES, OR ANY THIRD-PARTY MATERIALS, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (STRICT LIABILITY, NEGLIGENCE, CONTRACT, TORT OR OTHERWISE) AND EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
   2. AGGREGATE LIABILITY. IN NO EVENT SHALL COMPANY’S AGGREGATE LIABILITY TO YOU FOR DAMAGES EXCEED THE AMOUNT OF TEN DOLLARS ($10.00 USD). THE FOREGOING LIMITATION WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE. YOU AGREE THAT THE FREE ACCESS TO THE PORTAL REFLECTS THE ALLOCATION OF RISK SET FORTH IN THIS AGREEMENT AND YOU ACKNOWLEDGE THAT COMPANY WOULD NOT ENTER INTO THIS AGREEMENT WITHOUT THESE LIMITATIONS OF LIABILITY.
10. Governing Law and Jurisdiction. This TOU shall be governed and construed under the laws of the State of Missouri, without regard to that State’s conflict of law principles. You agree that the state and federal courts located in Jackson County, Missouri shall have exclusive jurisdiction over any claim or action under this TOU or related in any way to Company’s operation or your use of the Portal, and you agree to submit to the personal jurisdiction of such courts. Notwithstanding the foregoing, you agree that Company may seek injunctive remedies (or equivalent legal relief) against you in any jurisdiction with regard to any breach by you of the terms of this TOU. The United Nations Convention on Contracts for the International Sale of Goods shall not apply to this TOU or for your use of the Portal.
11. Severability. If any provision of the TOU is held, by a court of binding jurisdiction, to be invalid, illegal, or unenforceable, the remainder of the TOU will remain in full force and effect.
12. Assignment. You may not assign or transfer the TOU nor any rights or obligations that you have under the TOU to anyone without Company’s written approval. Company may freely assign the TOU or transfer any of its rights under the TOU.
13. Arbitration Agreement
    1. APPLICABILITY OF ARBITRATION AGREEMENT. Any dispute, claim or controversy of any nature arising out of or relating in any way to the Portal, the TOU, or this Arbitration Agreement, including the interpretation, validity, scope, or applicability of the TOU or the Arbitration Agreement (hereinafter, collectively, the “Dispute”), which cannot be resolved informally, shall be resolved by binding arbitration on an individual, and not a class or representative, basis under the terms set forth in this Section 14 (the “Arbitration Agreement”). This Arbitration Agreement applies to you and Company (collectively, the “Parties”) and the Parties’ subsidiaries, affiliates, agents, employees, predecessors in interest, successors in interest, and assigns. THE PARTIES UNDERSTAND THAT THEY WOULD HAVE HAD A RIGHT OR OPPORTUNITY TO LITIGATE DISPUTES THROUGH A COURT, TO HAVE A JUDGE OR JURY DECIDE THEIR CASE, AND MAY HAVE HAD A RIGHT OR OPPORTUNITY TO PARTICIPATE IN A CLASS ACTION OR OTHER PROCEEDING INVOLVING MULTIPLE CLAIMANTS, BUT THEY INSTEAD CHOOSE AND AGREE TO HAVE ALL DISPUTES AS SET FORTH HEREIN DECIDED THROUGH INDIVIDUAL ARBITRATION.
    2. DISPUTES EXCLUDED FROM ARBITRATION. In the event of any actual, alleged or threatened violation of Company confidentiality or violation of Company’s intellectual property or other proprietary rights, Company may immediately resort to court proceedings in a court of competent jurisdiction as set forth above in order to seek immediate injunctive relief without posting of a bond, proof of damages or other similar requirement. The institution of any action for injunctive relief shall not constitute a waiver of the right or obligation of any party to submit any claim seeking relief other than injunctive relief to arbitration.
    3. CONFIDENTIAL PROCEEDINGS. The Parties expressly agree that any and all actions taken under the Arbitration Agreement and related provisions, including but not limited to all filings, orders, judgments, and awards made in any arbitration proceeding, are confidential and may not be disclosed to any third party, except as may be required by law.
    4. RULES AND FEES. The arbitration proceeding will be administered by the American Arbitration Association (“AAA”) before a single arbitrator under the AAA’s Commercial Arbitration Rules. Company will pay all filing, administration, and arbitrator fees associated with the arbitration. The decision of the arbitrator will be final and binding. Any final award or judgment may be filed and enforced in any court of competent jurisdiction. Further, unless both You and Company agree otherwise, the arbitrator may not consolidate one or more person’s claims with your claims, and may not otherwise preside over any form of a representative or class proceeding. If there is a final judicial determination that applicable law precludes enforcement of this Paragraph’s limitations as to a particular claim for relief, then that claim (and only that claim) must be severed from the arbitration and may be brought in court.
    5. PLACE AND GOVERNING LAW. The place of arbitration shall be in Jackson County, Missouri, unless otherwise agreed to in writing by all parties to the arbitration. The Parties acknowledge that this Arbitration Agreement evidences a transaction involving interstate commerce, and the Federal Arbitration Act, 9 U.S.C. § 1, et seq., as may be amended from time to time, shall govern the interpretation, enforcement and proceedings pursuant to this Arbitration Agreement. To the extent state law is applicable, the laws of the State of Missouri shall apply without regard to conflict of laws provisions.
    6. TIME LIMITATION ON CLAIMS. The Parties agree that they must initiate arbitration within one (1) year after any Dispute arose; otherwise, the Dispute is permanently barred.
14. Interpretation; Entire Agreement. Headings in these TOU will not affect the interpretation of these TOU. In these TOU, the words “include” and “exclude” and their variants are not words of limitation, and examples are for illustration and not limitation. This TOU constitutes the entire Agreement between you and Company regarding the Portal and supersede all prior agreements, representations or understanding respecting the Portal. Nobody, including any representative of Company, is authorized to make any changes or modifications to the terms of this Agreement other than changes that are instituted through the authorized posting of subsequent versions of this agreement as discussed above. You are not entitled to act or rely on any representations to the contrary. A failure by Company to enforce any provision of this Agreement, or waiver by Company of any breach of this Agreement, shall not act as a bar to subsequent enforcement of such provision or be deemed a waiver of any subsequent breach.

Published: January 2026