Terms of Use

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS WEBSITE

These Terms of Use (“Terms”) and all applicable laws and regulations govern your access to and use of this website under the domain name www.fsbl.com (the “Website”), whether as a guest or a registered user.

Overview

This Website is owned and operated by First Security Benefit Life Insurance and Annuity Company of New York (“FSBL,” “we,” “us,” or “our”) (NAIC # 60084). FSBL is a provider of retirement savings and income options for America’s pre- and post-retirees. FSBL is licensed in New York and Kansas with business limited to the state of New York. FSBL’s home office is located at 121 State Street, Albany, NY 12207.

By accessing or using this Website, you accept and agree to be legally bound by these Terms and by any additional terms and policies referenced herein, including our Privacy Policy. If you do not agree to these Terms or the Privacy Policy, you must not access or use the Website. These Terms apply to your use of the Website and do not alter the terms or conditions of any other agreement you may have with FSBL.

IMPORTANT NOTICE: Nothing on this Website constitutes an offer to sell, a solicitation of an offer to buy, or a recommendation of any insurance or securities product, service, or transaction, nor does it constitute a prospectus, binder, insurance policy, or insurance coverage of any kind. The information provided on this Website is for general informational purposes only and does not constitute insurance, legal, tax, investment, financial, or other professional advice. Insurance coverage is subject to the terms, conditions, limitations, and exclusions of the applicable insurance policy. You should consult with qualified professionals before making any insurance-related decisions.

For more complete information about the expenses, fees and charges associated with an annuity, please see the product pages on this website. For variable annuities, please order a free prospectus and read it carefully.

If you are purchasing an annuity as an investment vehicle for a retirement plan that receives preferential tax treatment under the Internal Revenue Code, you should consider that an annuity does not provide any additional tax advantages to those already available through your retirement plan. However, an annuity does offer features and benefits in addition to providing tax deferral that other investments may not offer, including death benefit protection for your beneficiaries and annuity options which guarantee income for life. You should consult with your financial professional as to whether the overall benefits and costs of an annuity are appropriate considering your circumstances.

Changes to These Terms

We reserve the right to modify or update these Terms at any time in our sole discretion without notice by posting revised Terms on this Website. Changes will be effective immediately when posted and will apply to all access to and use of the Website thereafter. It is your responsibility to review these Terms before each use of this Website. Your use of the Website following the posting of revised Terms constitutes your acceptance of and agreement to the revised Terms.

Accessing the Website and Account Security

You must be at least 18 years old to use this Website. By accessing and using this Website, you represent and warrant that you are at least 18 years of age.

We reserve the right to withdraw, modify, or discontinue this Website, and any service or content we provide on the Website, in our sole discretion without notice. FSBL does not warrant the continuous, uninterrupted, or secure access to the Website, and operation of the Website may be interfered with by numerous factors outside of our control. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire website, to users, including registered users.

You are responsible for making arrangements necessary for you to have access to the Website; and ensuring that all person who access the Website through your internet connection are aware of these Terms and comply with them.

To access the Website or some of the resources it offers, you may be asked to provide certain registration details or other information. You agree to provide us with correct, current, and complete information about you as prompted by the registration process on this Website or otherwise, including but not limited to through the use of any interactive features on the Website, and you agree to regularly update this information to maintain its accuracy and completeness.

If you choose, or are provided with, a username, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Website or portions of it using your username, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

We have the right to disable any username, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provisions of these Terms.

Prohibited Uses

FSBL grants you a non-exclusive, non-transferable, non-sublicensable, revocable, limited right to use the Website solely for your internal, non-commercial, informational purposes, subject to these Terms. You must use the Website only for lawful purposes expressly set forth in these Terms. Any other use of the Website is prohibited. Specifically, you represent and warrant that you will not, and you will not allow others to, directly or indirectly:

• Access or use the Website for any purpose that is unlawful (including but not limited to violation of any laws or regulations regarding the export of data or software to and from the US or other countries), encourages conduct that would constitute a criminal offense or give rise to civil liability, or violates the legal rights of others;

• Access or use the Website for any purpose not expressly permitted by the Website or these Terms;

• Access or use the Website in any manner that interferes with any other person’s or third party’s access or use of the Website;

• Use the Website to transmit or make available any unsolicited or unauthorized advertising or promotional materials, junk mail, chain letters, spam, or any other similar solicitation;

• Access or use materials or information through any means not intentionally made available by FSBL;

• Collect, harvest, or store personal information about other users of the Website without their express consent;

• Infringe the intellectual property or other rights of FSBL or others;

• Impersonate or attempt to impersonate FSBL, an FSBL employee, another user, or any other person or entity;

• Attempt to gain unauthorized access to the Website, other accounts, or any FSBL computer system, server or network;

• Access or use the Website in any manner that could damage, disable, overburden, or impair any FSBL computer system, server, or network;

• Introduce or attempt to introduce viruses, trojan horses, worms, logic bombs, malware, ransomware, or any other material that is malicious or technologically harmful;

• Use any robot, spider, scraper or other automated means to access the Website for any purpose without our express written permission; and

• Engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website or which, as determined by us, may harm FSBL or users of the Website or expose them to liability.

We reserve the right to restrict or terminate your access for any violation of these Terms.

Intellectual Property Rights

The Website and all contents, features and functionality on the Website, including but not limited to text, graphics, the FSBL name, product and service names, designs and slogans, logos, images, videos, software, and the design and compilation thereof (collectively, “Content”), are owned by FSBL, its licensors, or other providers of such Content and are protected by U.S. and international intellectual copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. We reserve all of our rights in and to this property and will actively and aggressively enforce our intellectual property rights to the fullest extent of the law. Any use requires our prior written permission.

These Terms permit you to access the Content on the Website for your personal, non-commercial informational use only. You may not use, reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the Content for any other purpose; modify copies of any Content from this Website; delete or alter any copyright, trademark, or other proprietary rights notices from copies of content from this Website; or otherwise exploit any Content without FSBL’s prior written consent.

Reliance on Information Posted

The information presented on or through the Website is made available solely for general information purposes. We do not warrant the accuracy, completeness, timeliness, or usefulness of this information. FSBL does not warrant that any quotes, pricing, or coverage information provided on or through the Website will be honored or available at the time of your application or purchase of a product. Any reliance you place on the information on the Website is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such information by you or any other visitor to the Website, or by anyone who may be informed of its contents.

Third‑Party Links

The Website may contain links to third‑party websites or resources. These links are provided for your convenience only and do not constitute endorsement, promotion, sponsorship, approval of or affiliation with such third-party websites or the organizations that provide them unless otherwise expressly noted. FSBL has no control over the content, products or services, security, privacy practices, or availability of third‑party websites and assumes no responsibility for any loss or damage that may arise from your use of them. If you choose to access any third-party websites or services through a link from this Website, you do so entirely at your own risk and you should be aware that third-party websites are governed by their own terms and conditions for use and their own privacy policies. It is your responsibility to review the terms and policies of any third-party website.

Information About You and Your Visits to the Website

All information we collect about you on this Website is subject to our Privacy Policy found at https://www.fsbl.com/privacy. This Website uses cookies and similar tracking technologies to recognize you, to customize and enhance your online user experience, to provide you with products and services tailored to your interests and to help improve the website. To learn more about cookies or other similar tracking technologies we use to collect information about your online use and preferences, please refer to our Privacy Policy. By using the Website, you consent to our collection, use, and disclosure of your personal information in accordance with the Privacy Policy. We reserve the right to change the Privacy Policy at any time. You should review the Privacy Policy for changes before providing personal information. Your use of the Website following the posting of a revised Privacy Policy constitutes your acceptance of and agreement to the revised Privacy Policy.

User Submissions

If you provide feedback, comments, inquiries, or other submissions to FSBL through the Website, you grant FSBL a non‑exclusive, royalty‑free, irrevocable, perpetual right and license to use, adapt, reproduce, modify, disseminate, publicly display, or incorporate into other works such submissions for legitimate business purposes. You represent and warrant that you own or otherwise control all of the rights to any submissions you provide and such submissions do not infringe any third‑party rights.

We may use automated technologies, like artificial intelligence (“AI”), to respond to you with or without review by a human. By submitting feedback, comments, inquiries, or other submission to FSBL through the Website, you acknowledge and consent to our use of such technologies and agree to these Terms. You further acknowledge and agree that AI-generated content may vary and may not always be accurate or current. No representations or warranties are made regarding the accuracy, completeness, or reliability of any AI-generated content, and nothing contained within such content constitutes an offer or guarantee or pricing or eligibility.

Security

FSBL is committed to your privacy and security and maintains appropriate safeguards consistent with applicable law. However, we do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other harmful code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our Website for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY ANY VIRUS OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY CONTENT POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

Disclaimer of Warranty

YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR PRODUCTS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR PRODUCTS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER FSBL NOR ANY PERSON ASSOCIATED WITH FSBL MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER FSBL NOR ANYONE ASSOCIATED WITH FSBL REPRESENTS OR WARRANTS, OR MAKES ANY OTHER COMMITMENT, THAT THE WEBSITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE OR ANY SERVICES OR PRODUCTS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

TO THE FULLEST EXTENT PROVIDED BY LAW, FSBL HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAWS.

Limitation of Liability

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL FSBL, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE. THIS INCLUDES WITHOUT LIMITATION ANY DAMAGES SUFFERED AS A RESULT OF OMISSIONS OR INACCURACIES IN WEBSITE CONTENT OR MATERIALS OR THE TRANSMISSION OF CONFIDENTIAL OR SENSITIVE INFORMATION TO OR FROM SUCH WEBSITES.

Indemnification

You agree to indemnify, defend, and hold harmless FSBL and its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms or your use of the Website, including but not limited to any use of the Website’s Content, services, and products other than as expressly authorized in these Terms or your use of any information obtained from the Website.

Geographic Restrictions

We provide this Website for use only by persons located in the United States. We make no claims that the Website or any of its content is accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

Governing Law and Venue

These Terms are governed by and shall be construed in accordance with the laws of the State of New York, without regard to conflict‑of‑laws principles. Any legal action arising out of or relating to these Terms or the Website shall be brought exclusively in, and be subject to the exclusive jurisdiction of, the state or federal courts of New York, although FSBL retains the right to bring any legal action against you for breach of these Terms in your state and/or county of residence or in any other jurisdiction where you may be found. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

Waiver and Severability

No waiver by us of any term or condition set out in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of ours to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.

If any provision of these Terms is found unenforceable, the remaining provisions will remain in full force and effect. These Terms constitute the entire agreement between you and FSBL regarding the Website.

Contact Information

Questions regarding these Terms may be directed to:

First Security Benefit Life Insurance and Annuity Company of New York
legalnotice@securitybenefit.com
Security Benefit Life Insurance Company
One Security Benefit Place
Topeka, KS 66636
Attention: Legal Department