Terms of Use

Terms of Use
The American Equity Family of Companies

INTRODUCTION

This website, https://www.american-equity.com/ (the “Website”), is owned and operated by American Equity Investment Life Insurance Company. These Terms of Use govern your use of the Website.

By accessing this Website, continuing to access this Website, or downloading materials from this Website (as permitted), you are accepting and agreeing to be legally bound by the following Terms of Use. You are bound by all revisions and should therefore periodically visit this page to review the Terms of Use. If you do not agree to abide by these Terms of Use, you should immediately cease your use of this Website. PLEASE READ THESE TERMS OF USE CAREFULLY.

When used in these Terms of Use, “we,” “our,” “us,” and the “Company” each refers to American Equity Investment Life Insurance Company, its affiliates and subsidiaries. “You” and “your” each refers to any individual, client, consumer, contract owner, agent, business, or entity that accesses or otherwise uses this Website.

DISCLAIMER OF WARRANTIES
Your use of the Website is at your own risk. The information and materials have not been verified or authenticated in whole or in part by the Company, and they may include inaccuracies or typographical or other errors. The Company does not warrant the accuracy or timeliness of the information and materials contained on the Website. The Company has no liability for any loss of data, or errors or omissions, whether provided by the Company, our licensors, our suppliers or other users.

THE MATERIALS ON THIS WEBSITE (INCLUDING, WITHOUT LIMITATION, ALL TEXT, GRAPHICS, LINKS, SOFTWARE, OR OTHER ITEMS) ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DO NOT WARRANT THE ACCURACY, ADEQUACY, TIMELINESS, OR COMPLETENESS OF THE WEBSITE OR THE CONTENT ON THIS WEBSITE. WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, ARISING BY STATUTE, CUSTOM OR COURSE OF DEALING, OR COURSE OF PERFORMANCE, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIALS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS ON THIS WEBSITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT THE COMPANY) ARE RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF YOUR ACCOUNT AND CREDENTIALS AND FOR RESTRICTING ACCESS TO YOUR ACCOUNT, AND YOU THAT THE COMPANY IS NOT RESPONSIBLE FOR ACTIVITIES THAT OCCUR UNDER YOUR ACCOUNT OR CREDENTIALS. ANY MATERIAL, INFORMATION OR CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THIS WEBSITE IS DONE AT YOUR OWN RISK AND DISCRETION AND YOU ALONE WILL BE RESPONSIBLE FOR ANY DAMAGE OR LOSS TO YOU, INCLUDING, BUT NOT LIMITED TO, DAMAGE TO YOUR COMPUTER SYSTEM, LOSS OR DAMAGE TO ANY PROPERTY OR LOSS OF DATA OR LOSS OF REVENUE THAT RESULTS FROM THE DOWNLOAD OR USE OF SUCH MATERIAL. YOU (AND NOT THE COMPANY) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION OF ALL EQUIPMENT, DATA, OR OTHER ITEMS YOU USE TO ACCESS THIS WEBSITE. THE INFORMATION AND DESCRIPTIONS CONTAINED HEREIN ARE NOT INTENDED TO BE COMPLETE DESCRIPTIONS OF ALL TERMS, EXCLUSIONS AND CONDITIONS APPLICABLE TO THE PRODUCTS AND SERVICES, BUT ARE PROVIDED SOLELY FOR GENERAL INFORMATIONAL PURPOSES.  THIS WEBSITE IS INTENDED TO PROVIDE GENERAL INFORMATION ONLY AND IS NOT INTENDED TO ASSIST IN THE SOLICITATION, NEGOTIATION, SALE, OR SURRENDER OF ANY INSURANCE PRODUCT IN ANY JURISDICTION. THE MATERIALS CONTAINED IN THE AGENT OR POLICYHOLDER LOGIN PORTION OF THIS WEBSITE ARE FOR AGENT AND POLICYHOLDER USE ONLY AND NOT FOR USE WITH THE PUBLIC. SUCH MATERIALS MAY ONLY BE ACCESSED BY CURRENT COMPANY POLICYHOLDERS AND AUTHORIZED AND APPOINTED AGENTS OF OUR COMPANY THAT ARE IN GOOD STANDING WITH THE COMPANY. WE DO NOT ENDORSE ANY OPINION, ADVICE, COMMENT OR STATEMENT MADE ON THIS WEBSITE BY THIRD PARTIES, AND SUCH STATEMENTS DO NOT IN ANY WAY REFLECT OUR OPINION, ADVICE OR STATEMENT. YOU EXPRESSLY AGREE THAT YOUR USE OF THE MATERIALS IS AT YOUR SOLE RISK.

Nothing in these Terms of Use will affect any statutory rights to which you may be entitled as a consumer to the extent that your ability to alter or waive such rights by contract is limited by applicable law. Specifically, you acknowledge that you may have, or may in the future have, claims against us which you do not know or suspect to exist in your favor when you agree to these Terms of Use and which, if known, might materially affect your consent to these Terms of Use. You expressly waive all rights you may have under Section 1542 of the California Civil Code, which states:

A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASING PARTY.

IF THIS CLAUSE IS HELD TO BE UNENFORCEABLE IN WHOLE OR IN PART IN ANY JURISDICTION DUE TO RELEVANT LAWS, THEN IN NO EVENT WILL OUR OR THE RELEASED PARTIES’ (AS DEFINED BELOW) TOTAL LIABILITY TO YOU EXCEED THE TOTAL AMOUNT YOU HAVE PAID US OR THE RELEASED PARTIES DURING THE SIX (6) MONTHS PRIOR TO THE INCIDENT. NOTHING IN THIS CLAUSE WILL LIMIT OR EXCLUDE ANY LIABILITY FOR DEATH OR PERSONAL INJURY RESULTING FROM NEGLIGENCE.

LIMITATION OF LIABILITY
IN NO EVENT WILL THE COMPANY, ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS, LICENSORS, OR ITS THIRD PARTY PROVIDERS (THE “RELEASED PARTIES”) BE LIABLE TO YOU, OR ANY THIRD PARTY CLAIMING THROUGH YOU, FOR ANY LOSSES OR DAMAGES, INCLUDING, BUT NOT LIMITED TO, ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL, OR PUNITIVE LOSSES OR DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM CALCULATIONS, CREDITING LOSS, MARKET LOSS, LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, OR THE RESULTS OF USE OF THIS WEBSITE OR THE MATERIALS OR INFORMATION CONTAINED ON THIS WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY, EVEN IF WE OR ANOTHER RELEASED PARTY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

WE ALSO ASSUME NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY ACTIVITIES THAT OCCUR ON YOUR ACCOUNT OR UNDER YOUR CREDENTIALS, OR DAMAGES TO OR VIRUSES THAT MAY INFECT YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY AS A RESULT OF YOUR ACCESS TO, USE OF, OR BROWSING OF THE WEBSITE OR YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO, OR AUDIO FROM THIS WEBSITE. PAST PERFORMANCE IS NO GUARANTEE OF FUTURE RESULTS.

IF ANY PART OF THIS LIMITATION OF LIABILITY IS FOUND TO BE INVALID, ILLEGAL, OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF THE RELEASED PARTIES UNDER SUCH CIRCUMSTANCES TO YOU OR ANY PERSON OR ENTITY CLAIMING THROUGH YOU FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED WILL NOT EXCEED ONE HUNDRED DOLLARS ($100.00). YOU AGREE THAT WE WOULD NOT ENTER INTO THESE TERMS OF USE WITHOUT THESE LIMITATIONS ON OUR LIABILITY.

Some jurisdictions do not allow the exclusion of liability for certain types of damages. Accordingly, some of these limitations of liability may not apply to you. Nothing in these Terms of Use will limit or exclude liability for losses or damages which may not be lawfully excluded or limited by applicable law.

INDEMNITY
You agree to indemnify, defend and hold harmless the Company and its officers, agents, contractors, users, customers, providers, licensees, successors in interest and employees (“Indemnified Parties”) from and against any and all claims, losses, liabilities, demands, costs, damages and or penalties (including attorneys’ fees, court costs, damage awards and settlement amounts) arising from or out of: (1) your access to or use of the Website, including your Account and our portals; and (2) any failure by you or any agent acting on your behalf to fully observe these Terms of Use or by reason of any use by you or such agent of any information or images provided on this Website. The Company will provide you with notice of any such claim or allegation, and the Company will have the right to participate in the defense of any such claim.

THIRD PARTY LINKS
This Website may be linked to other websites which are not maintained by our Company. Any links on this Website to such third-party websites are provided solely as a convenience to you. If you use these links, you will leave this Website. We have not reviewed all of these third-party websites and do not control and are not responsible for any of these websites or their content, nor does the inclusion of any link to such website imply approval of or endorsement by us of the website or the content thereof. We do not endorse or make any representations about them, or any information, software or other products or materials found there, or any results that may be obtained from using them. We are not responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any content, advertising, services, products, or other materials on, or available from, such website. Other websites may link to the Website with or without our authorization, and we may block any links to or from the Website in our sole discretion. If you decide to access any of the third-party website linked to this Website, you do so entirely at your own risk. 

COPYRIGHT, TRADEMARK, AND INTELLECTUAL PROPERTY

All trademarks, service marks, trade names, logos, icons, and other intellectual property contained herein are licensed or proprietary to us. Nothing contained in the Website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any content, trademarks, service marks, trade names, logos, icons, and other intellectual property or proprietary material displayed on this Website without the express written permission of us or such third party that may own such material. The presence of any such material on this Website does not constitute a waiver of any right to such material. You do not acquire ownership rights to any such content viewed through this Website. Your use of the trademarks, service marks, trade names, logos, icons, and other intellectual property contained herein displayed on this Website or any other content on this Website, except as provided herein, is strictly prohibited. In using or accessing this Website or its content, you further acknowledge and agree to abide by all applicable intellectual property laws, as well as any additional notices or restrictions contained on this Website. You agree not to challenge (or assist any third party to challenge) the validity or enforceability of any intellectual property owned by the Company or its applicable affiliates relating to this Website, its content or otherwise referenced therein.

Images and content displayed on this Website are either the property of, or used with permission by, the Company. The images and content may not be copied or used, in whole, partial or modified form, without the prior written permission of the Company or, if applicable, the third party who has granted the Company permission to display such images and content. The use of these images and content by you, or anyone else authorized by you, is prohibited unless specifically permitted herein. Any unauthorized use of the images may violate copyright laws, trademark laws, the laws of privacy and publicity, and communication regulations and statutes.

The materials at this Website may be copyrighted and any unauthorized use of any materials on this Website may violate copyright, trademark, and other laws. Except as otherwise provided in these Terms of Use, you may not use, copy, reproduce, distribute, republish, download, modify, display, post or transmit content or trademarks that are protected by applicable trademark laws. If you breach any provisions of these Terms of Use, your authorization to use this Website automatically terminates and you must immediately destroy any downloaded or printed materials. 

USE OF WEBSITE MATERIALS
This Website is owned and operated by us. Except as otherwise expressly permitted by us, no materials from this Website may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way. 

We grant you a limited license to access, view, and download unaltered materials from this Website only for your non-commercial use in connection with the review of your personal contract information, the lawful marketing and/or evaluation of our products and services, provided that all copyright and other proprietary notices appear in all copies in the same manner as the original. We neither warrant nor represent that your use of materials displayed on this Website will not infringe rights of third parties not owned by or affiliated with our Company. We may revoke this license at any time and for any reason without notice.

PERMISSABLE USE
You may only use the Website for lawful purposes in accordance with these Terms of Use. As a condition of your use of the Website, you represent and warrant to us that you will not use the Website for any purpose that is unlawful or prohibited by these Terms of Use.

You acknowledge and agree that, unless the Company grants you prior written permission, you will not, whether on behalf of yourself or on behalf of a third party:

  • Sell, license, rent, modify, print, collect, copy, reproduce, download, upload, transmit, disclose, distribute, disseminate, publicly display, publicly perform, publish, edit, adapt, electronically extract or scrub, compile or create derivative works from any content or materials (including, without limitation, through framing or systematic retrieval to create collections, compilations, databases or directories) or otherwise transfer any of the content to any third person (including, without limitation, others in your company or organization);
  • Access, or attempt to access, areas or features of this Website for which you do not have the proper authorization;
  • Impersonate any person or entity, or falsely state or otherwise misrepresent yourself, your age or your affiliation with any person or entity, or express or imply that we endorse any statement that you make;
  • Use the Website in a manner that violates any national, state, local or international law, rule or regulation;
  • Use the Website in furtherance or in promotion of any criminal or illegal activity or to provide instructional information about illegal activities;
  • Use the Website in a manner that interferes with, disables, disrupts, impairs or creates an undue burden on the networks or services that support this Website;
  • Use the Website to transmit, distribute, store or destroy material in violation of any applicable law or regulation, in a manner that will infringe the copyright, trademark, trade secret or other intellectual property rights of others or violate the privacy, publicity or other personal rights of others, or that is defamatory, obscene, threatening, abusive or hateful;
  • Harvest or collect email addresses or other contact information of other Website users by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications;
  • Decompile, reverse-engineer or disassemble any materials, information or other content available through this Website;
  • Insert any code or product to manipulate the content in any way that affects the user’s experience; or
  • Use any web browsers (other than generally available third-party browsers), engines, software, spiders, robots, avatars, agents, tools or other devices or mechanisms to navigate or search this Website, unless expressly permitted by us.

This list of prohibitions provides examples and is not complete or exclusive. The Company reserves the right to terminate your access to the Website, with or without cause and with or without notice, for any reason or no reason, or for any action that the Company determines is inappropriate or disruptive to the Website or any other user of the Website, in our sole discretion. We may report to law enforcement authorities any actions that may be illegal, and any reports we receive of such conduct. When legally required or at our discretion, the Company will cooperate with law enforcement agencies in any investigation of alleged illegal activity on the Website or otherwise. Unauthorized use of the Website may violate certain laws and regulations.

NO LEGAL OR TAX ADVICE
All content and materials provided by this Website are provided for general information only. Nothing on this Website should be considered as an individual recommendation for the purchase of an annuity or the replacement of a current investment or other financial vehicle. Any hypotheticals, calculations, or examples provided on the Website should not be considered projections of investment returns, market gains, or guaranteed growth, and no information contained on this Website should be used for tax, investment, accounting, or legal advice or to avoid penalties under the Internal Revenue Code.  Neither the Company nor any of its respective affiliates, officers, directors, employees, agents or licensors are soliciting any action based on information made available on this Website. Reliance upon any content contained on or accessed in this Website is at your own risk.

The content on this Website is not to be construed as a recommendation or offer to buy or sell, or the solicitation of an offer to buy or sell, any security, financial product or instrument, or to participate in any particular trading strategy. The Company does not make any recommendations regarding the merit of any security or other financial product or investment identified on this Website, nor does it make any recommendation regarding the purchase or sale of any such security, financial product or investment that may be described or referred to on this Website, nor endorse or sponsor any security or investment identified on this Website. Prior to the execution of a purchase or sale of any security or investment, you are advised to consult with your banker, financial advisor or other relevant professionals (e.g. legal, tax and/or accounting counsel). The Company shall not be liable for any investment decisions based upon or results obtained from the content provided on this Website.

This Website is not directed at or intended for publication or distribution to any person in any jurisdiction where doing so would result in contravention of any applicable laws or regulations. It is your responsibility to consider your legal and regulatory position in the relevant jurisdiction, the risks associated with the purchase of an annuity or the replacement of a current investment or other financial vehicle, and to ensure that the use of the content of this Website and the subsequent purchase or other action regarding any annuity or related investment does not contravene any such restrictions or applicable laws and regulations of any jurisdiction. Please consult with a licensed insurance agent or independent financial advisor for professional guidance. Reliance upon any content contained on or accessed in this Website is at your own risk.

ADDITIONAL TERMS
Our Website Privacy Statement and any additional privacy notices we provide to you describe the personal information we collect when you and others use this Website, how we use that personal information, and some of the steps we take to protect your privacy. Such privacy notices The Website Privacy Statement and any other privacy notice we may provide to you from time to time are hereby incorporated into these Terms of Use. Please review the Website Privacy Statement and any additional privacy notices before using this Website.

Regardless of any content, product description, materials or representations provided on any Website, the terms and conditions of Company contracts will always control. Any analysis of products is in general terms and is superseded in all respects by the annuity contract and applicable riders. Some of our products or product features may not be applicable in all states or may need to be modified to conform to applicable state law. Some products or product features may have been eliminated or modified since the posting on this Website. The issuing, renewal, or cancellation of any insurance policy or annuity contract, policy terms and conditions, and rates are subject to review. 

USER LOGIN
Some areas of this Website are restricted and require a unique user ID and password for access (an “Account”). Approval of your request to establish an Account will be at our sole discretion. Unauthorized access or use of such webpages is strictly prohibited. In accessing areas of the Website requiring an Account, you agree that: 

  • Each Account and Account credentials are personal in nature, and you will not distribute or transfer or provide your Account or Account credentials to a third party except as expressly permitted by the Company;
  • You will not select or use an Account credential of another user with the intent to impersonate that user;
  • We are not liable for any unauthorized access to your personal information;
  • You, alone, are responsible for maintaining the confidentiality and security of your Account credentials;
  • You, alone, are solely responsible for all use of the Website through your Account. Any activities completed through your Account or under your Account credentials will be deemed to have been done by you;
  • You will notify us immediately if you believe someone else has obtained your Account credentials or any unauthorized access to the online servicing website has occurred or may occur; and
  • We, in our sole discretion, may block online access to your Account without prior notice to you if we believe your Account credentials are being used by someone other than you, if we become aware that any unauthorized access to your personal information has occurred or may occur, or for any other reason that we deem this action necessary.

By registering for any areas or services provided through this Website you agree to pay any fees that are due, if any, in respect of any such services that you use until you unregister or we suspend or withdraw such service. Where any service for which you register on or through this Website is provided by or with a third party, you agree that you will observe any additional terms and conditions associated with the part of the service provided by them. You represent and warrant that you have the legal right to use any information provided for registration and use of these services.

TRANSACTIONS
As described above, to access certain services you may be required to pay a fee.

  • Transaction Information: If you are required to pay a fee (a “Transaction”), you may be asked to supply certain information relevant to your Transaction including, without limitation, information about your method of payment (such as your payment card number and expiration date) and your billing address (collectively, “Transaction Information”). You represent and warrant that you have the legal right to use any Transaction Information utilized in connection with any Transaction. By submitting Transaction Information to us, you grant to us the right to provide such information to third parties for the purposes of facilitating the completion of Transactions initiated by you or on your behalf. Verification of Transaction Information may be required prior to the acknowledgment or completion of any Transaction.
  • Services: All descriptions, images, references, features, content, specifications, services and prices of services provided through the Website are subject to change at any time without notice. The inclusion of any services on the Website does not imply or warrant that these services will be available. It is your responsibility to ascertain and obey all applicable local, state, federal, and international laws in regard to the receipt, possession, use, and sale of any service. By entering into a Transaction, you represent and warrant that the service that you buy will be used only in a lawful manner. We reserve the right, with or without prior notice, to do any one or more of the following: (a) limit the availability of or discontinue any service; (b) impose conditions on the honoring of any promotion; (c) bar you from making or completing any or all Transaction(s); and (d) refuse to provide you with any service.
  • Availability, Errors and Inaccuracies: We make a conscientious effort to describe and display services accurately on the Website. Despite these efforts, a small number of services may be described inaccurately, or may be unavailable, and we may experience delays in updating service information. As a result, we cannot and do not guarantee the accuracy or completeness of any such information, including prices, specifications, and availability. We reserve the right to change or update service information and to correct errors, inaccuracies, or omissions at any time without prior notice. If we determine that there were inaccuracies in service information, we will cancel your Transaction and notify you of such cancellation based on contact information you provide to us for the Transaction.

FEEDBACK

If you send or transmit any communications, comments, questions, suggestions, or related materials to the Company, whether by letter, email, telephone, or otherwise (collectively, “Feedback”), suggesting or recommending changes to the Website, including, without limitation, new features or functionality relating thereto, all such Feedback is, and will be treated as, non-confidential and non-proprietary. You hereby assign all right, title, and interest in, and the Company is free to use, without any attribution or compensation to you, any ideas, know-how, concepts, techniques, or other intellectual property and proprietary rights contained in the Feedback, whether or not patentable, for any purpose whatsoever, including but not limited to, developing, manufacturing, having manufactured, licensing, marketing, and selling, directly or indirectly, products and services using such Feedback. You understand and agree that the Company is not obligated to use, display, reproduce, or distribute any such ideas, know-how, concepts, or techniques contained in the Feedback, and you have no right to compel such use, display, reproduction, or distribution.

CHANGES TO AND AVAILABILITY OF WEBSITE
We may terminate, change, suspend, interrupt, or discontinue any aspect of the Website, including the availability of any features of the Website, at any time. We may also impose limits on certain features and services or restrict your access to parts of the Website, or portion thereof, without prior notice or liability. We may terminate the authorization or rights given to you above. 

COLLABORATIVE BROWSING
Co-browsing lets an American Equity agent view and navigate you through MyPortal to help you find what you are looking for. When you agree to co-browsing, you agree to the following:

  • By selecting “Accept” and providing the American Equity agent with the four-digit, system-generated passcode, you are consenting to allow the agent to view your screen, or with your added consent, navigate you through your MyPortal webpages;

  • You acknowledge and agree that the representative will be able to see American Equity webpages that you are looking at, which may include your contract and personal information;

  • It is your responsibility, and not American Equity’s, to close, minimize, or otherwise obscure any information you do not wish to share with American Equity during this session;

  • In limited cases and with your added consent, an American Equity agent may need to take control of your browser to see other applications relating to American Equity's business you have open, in order to assist you; and

  • You understand that at the end of the session, the co-browsing will be disconnected. You can disconnect at any time, for any reason.

DISPUTE RESOLUTION
Please read the following section carefully because it requires you to arbitrate certain disputes and claims with the Company and limits the manner in which you can seek relief from us, unless you opt out of arbitration by following the instructions set forth below. No class or representative actions or arbitrations are allowed under this arbitration agreement. In addition, arbitration precludes you from suing in court or having a jury trial.

No Representative Actions. You and the Company agree that any past, present, or future dispute arising out of or related to these Terms of Use is personal to you and the Company, and that any dispute will not be brought as a class arbitration, class action, or any other type of representative proceeding.

Arbitration of Disputes. Except for small claims disputes in which you or the Company seeks to bring an individual action in small claims court located in the county of your billing address or disputes in which you or the Company seeks injunctive or other equitable relief for the alleged unlawful use of intellectual property, you and the Company waive your rights to a jury trial and to have any dispute arising out of or related to these Terms of Use or our services resolved in court. Instead, for any past, present, or future dispute or claim that you have against the Company or relating in any way to the services, you agree to first contact the Company and attempt to resolve the claim informally by sending a written notice of your claim (“Notice”) to the Company by certified mail addressed to 6000 Westown Parkway, West Des Moines, IA 50266, ATTN: General Counsel.

The Notice must: (a) include your name, your residence address, your email address, your telephone number; (b) a description of the nature and basis of the claim; and (c) set forth the specific relief sought. Our notice to you will be similar in form to described above. If you and the Company cannot reach an agreement to resolve the claim within thirty (30) days after such Notice is received, then either party may submit the dispute to binding arbitration administered by JAMS or, under the limited circumstances set forth above, in court. All disputes submitted to JAMS will be resolved through confidential, binding arbitration before one arbitrator. Arbitration proceedings will be held in Polk County, Iowa. You and the Company agree that arbitrations will be held in accordance with the JAMS Streamlined Arbitration Rules and Procedures (“JAMS Rules”), including without limitation, provisions regarding consolidation of claims. The most recent version of the JAMS Rules are available on the JAMS website and are hereby incorporated by reference. You either acknowledge and agree that you have read and understand the JAMS Rules or waive your opportunity to read the JAMS Rules and waive any claim that the JAMS Rules are unfair or should not apply for any reason.

You and the Company agree that these Terms of Use affect interstate commerce, that the enforceability of this section will be substantively and procedurally governed by the Federal Arbitration Act, 9 U.S.C. § 1, et seq. (the “FAA”), and that to the maximum extent permitted by applicable law, the FAA shall preempt application of state laws regarding arbitration, including without limitation, provisions of the California Arbitration Act. As limited by the FAA, these Terms of Use and the JAMS Rules, the arbitrator will have exclusive authority to make all procedural and substantive decisions regarding any dispute and to grant any remedy that would otherwise be available in court, including the power to determine whether a dispute may be arbitrated. The arbitrator may not preside over any type of class or representative proceeding, however, in the event that five or more claims in arbitration are initiated which assert the same or similar factual allegations, or raise the same or similar legal issues, we may request that the claims be consolidated for resolution consistent with Rule 6 of the Streamlined Rules, and you agree to consolidation of your claim with the claims of other claimants asserting the same or similar factual allegations, or whose claims raise the same or similar legal issues. In such a consolidated proceeding, a single arbitrator shall be appointed to resolve all consolidated claims, who shall resolve common issues of law and fact and apply such rulings consistently to the consolidated claims.

The arbitration will allow for the discovery or exchange of non-privileged information relevant to the dispute. The arbitrator, the Company, and you will maintain the confidentiality of any arbitration proceedings, judgments, and awards, including, but not limited to, all information gathered, prepared, and presented for purposes of the arbitration or related to the dispute(s) therein. The arbitrator will have the authority to make appropriate rulings to safeguard confidentiality, unless the law provides to the contrary. The duty of confidentiality does not apply to the extent that disclosure is necessary to prepare for or conduct the arbitration hearing on the merits, in connection with a court application for a preliminary remedy or in connection with a judicial challenge to an arbitration award or its enforcement, or to the extent that disclosure is otherwise required by law or judicial decision.

You and the Company agree that for any arbitration you initiate, you will pay the filing fee and the Company will pay the remaining JAMS fees and costs. For any arbitration initiated by the Company, the Company will pay all JAMS fees and costs. You and the Company agree that the state or federal courts of the State of Iowa and the United States sitting in Polk County, Iowa have exclusive jurisdiction over any appeals and the enforcement of an arbitration award.

Any claim arising out of or related to these Terms of Use or the use of our services must be filed within one year after such claim arose; otherwise, the claim is permanently barred, which means that you and the Company will not have the right to assert the claim.

You have the right to opt out of binding arbitration within 30 days of the date you first accepted the terms of this section by emailing the Company at legalnotices@american-equity.com, with the subject line “Binding Arbitration Opt-Out.” In order to be effective, the opt-out notice must include your full name and address and clearly indicate your intent to opt out of binding arbitration. By opting out of binding arbitration, you are agreeing to resolve disputes in accordance with this section.

If any portion of this section is found to be unenforceable or unlawful for any reason, (a) the unenforceable or unlawful provision shall be severed from these Terms of Use; (b) severance of the unenforceable or unlawful provision shall have no impact whatsoever on the remainder of this section or the parties' ability to compel arbitration of any remaining claims on an individual basis pursuant to this section; and (c) to the extent that any claims must therefore proceed on a class, collective, consolidated, or representative basis, such claims must be litigated in a civil court of competent jurisdiction and not in arbitration, and the parties agree that litigation of those claims shall be stayed pending the outcome of any individual claims in arbitration. Further, if any part of this section is found to prohibit an individual claim seeking public injunctive relief, that provision will have no effect to the extent such relief is allowed to be sought out of arbitration, and the remainder of this section will be enforceable. If you are a consumer, the provisions of this section will be modified to the extent necessary to conform to the JAMS Consumer Arbitration Minimum Standards.

CHOICE OF LAW, JURISDICTION, AND VENUE 
We administer this Website from our administrative offices in West Des Moines, Iowa. We make no representation that materials on this Website are appropriate or available for use in any location, including, without limitation, for use outside the United States, and access to the materials on this Website from territories where its content is illegal is prohibited. You may not use, export or reexport the materials on this Website or any copy or adaptation in violation of any applicable laws, regulations, including without limitation, U.S. export laws and regulations. Those who choose to access this Website do so at their own initiative and are responsible for compliance with local laws.  

By accessing the services on our Website, you agree to be governed by the laws of the state of Iowa. You agree to submit to the exclusive jurisdiction and venue of the state and federal courts located in Polk County, Iowa. This choice of jurisdiction does not prevent the Company from seeking injunctive relief with respect to a violation of intellectual property rights or confidentiality obligations in any appropriate jurisdiction. ANY LEGAL ACTION OR PROCEEDING RELATING TO YOUR ACCESS TO, OR USE OF, THIS WEBSITE OR THESE TERMS OF USE WILL BE INSTITUTED ONLY IN A STATE OR FEDERAL COURT LOCATED IN POLK COUNTY, IOWA. YOU AND WE IRREVOCABLY AGREE TO SUBMIT TO THE JURISDICTION OF SUCH COURTS. You expressly waive any claim of improper venue and any claim that such courts are an inconvenient forum.

MISCELLANEOUS TERMS
These Terms of Use constitute the entire agreement between you and the Company with respect to the subject matter addressed herein, and governs your use of the Website, superseding any prior agreements between you and the Company relating to such subject matter. These Terms of Use may be supplemented by any other agreement you enter into with the Company pursuant to a registration to access certain features of the Website. Our failure to exercise any right or provision of these Terms of Use shall not constitute a waiver of such right or provision. The section headings used in these Terms of Use are for convenience only and have no legal effect. This Website is intended for use by users of 18 years of age or older.

The parties hereto are independent parties, not agents, employees, or employers of the other, or joint ventures, and neither acquires hereunder any right or ability to bind or enter into any obligation on behalf of the other. We may freely assign these Terms of Use. Any assignment in violation of the foregoing will be null and void.

Unless otherwise specified in these Terms of Use, any notices required or allowed under these Terms of Use from you to the Company may be provided via email. The Company may provide you with any notices required or allowed under these Terms of Use by sending you an email to any email address you provide to the Company in connection with your Account or otherwise, provided that in the case of any notice applicable both to you and other users of the Website, the Company may instead provide such notice by posting it on the Website. Notices provided to the Company will be deemed given when actually received by us. Notice provided to you will be deemed given 24 hours after posting to the Website or sending via email, unless (as to email) the sending party is notified that the email address is invalid.

If for any reason any provision of these Terms of Use or portion thereof be deemed unenforceable, that provision will be enforced to the maximum extent permissible so as to uphold the intent of these Terms of Use, and the remainder of these Terms of Use will continue in full force and effect. 

CHANGES TO THESE TERMS OF USE
The Company reserves the right at any time to revise and to otherwise modify these Terms of Use, and to impose new or additional conditions on your use of the services available on or through our Website. Such additional conditions are effective immediately and are incorporated into these Terms of Use when posted to the Website by us. Use of the Website following such notice indicates your acceptance of all such updated or additional conditions.

CONTACT US
You may contact us by emailing us at compliance@american-equity.com by calling us as 1(888) 221-1234, or by physical mail at the following address:

American Equity Investment Life Insurance Company 
6000 Westown Parkway
West Des Moines, IA 50266

Last Updated: March 2025
Effective: March 2025