Income Solutions® Terms and Conditions of Use
These terms and conditions apply to any services, including the Income Solutions® platform, provided by Hueler Investment Services, Inc. and its affiliates
("Hueler") through the Income Solutions® platform or any affiliated websites, including any pages found at or under the hueler.com or incomesolutions.com
domains. These terms and conditions also apply to all services provided in conjunction with use of Income Solutions® , including any and all
services provided by Hueler employees or agents during or after your use of this site (together, all web pages and all services are collectively the
These terms and conditions apply not only to you, but to anyone acting on your behalf, such as an agent, associate, facilitator, or advisor (hereafter,
"you" or "your").
Before proceeding, you need to read and agree to the terms below, which then becomes a binding contract between you and Hueler.
You expressly understand and agree that:
Site terms as of: 06/19/2019
- Use of Data and Information Obtained from the Platform: By using the Platform, you understand and agree that:
- Your use of the Platform is only for your personal evaluation of annuities and you will not use it for any other purpose, including without limitation data gathering, market intelligence, research or redistribution;
- All content and information obtained from the Platform, including quote data text, logos, icons, images, audio clips, video clips and digital downloads, cannot be redistributed without Hueler's written consent. All content is protected by international and United States copyright laws. Providing information obtained from the Platform to any other person or entity violates your agreement with Hueler and Hueler's rights in its data;
- The income estimator only provides estimates, and actual quotes from insurance companies ("Issuers") will be based upon current market conditions and data received at the time a quote is requested; and
- If you request a quote, you must be a participant in a qualified plan or have properly registered to be eligible for access to the Platform.
- Conditions on Use of the Platform: Your use of the Platform is at your own risk and subject to all of the following restrictions and conditions:
- You have verified that your account balance is sufficient to request quotes for the full annuity purchase amount;
- You understand that Hueler reserves the right to monitor all activities on the Platform in an effort to provide reasonable security to our users and business partners;
- Hueler has the right, without notice and in its sole discretion, to suspend an Issuer from providing quotes through Income Solutions®, and you will not claim damages from Hueler if it does so; and
- Third Party Responsibility, Including Issuers: Hueler does not control or guarantee actions by third parties, such as Issuers. Accordingly, you understand and agree that:
- Hueler does not guarantee any Issuer quotes provided;
- Hueler does not guarantee the payment of any annuities, as guarantees are solely by Issuers, not Hueler or its program partners/administrators;
- Any information provided to you by an Issuer, including any information with a quote, has been prepared solely by the Issuer;
- Hueler will not review the Issuer-provided information and you agree that Hueler is not responsible or liable for its content; and
- The Platform may be linked from, or contain links to, third party websites and platforms that are not owned or controlled by Hueler, and Hueler has no control over them, and it assumes no responsibility for anything relating to third party websites or platforms, and so you waive any claims against Hueler relating to or arising out of your use of third party websites or platforms.
- If You Purchase an Annuity: If you elect to purchase an annuity from an Issuer, you understand and agree that:
- From time to time, errors in quotes can occur and all Issuers reserve the right to notify you and correct the quote;
- An annuity quote provided to you by an Issuer is not binding on that company until they have verified its accuracy, provided you with the required forms necessary to complete the purchase and accepted the completed forms;
- You agree not to take any action (including but not limited to transferring or redeeming funds) until the Issuer provides written verification that your quote has been accepted;
- You are making the decision to purchase or not purchase an annuity through the Platform;
- If you are purchasing an annuity through a link provided by your employer or former employer, such employer does not intend to limit your access to other annuity providers or distribution channels;
- Neither Hueler nor your employer endorse any annuity providers offered through Income Solutions® and you understand that you may select from any annuity providers available to you through the marketplace;
- You understand that all annuity quotes reflect a one-time, upfront commission that is paid by the Issuer to Hueler and that is disclosed prior to purchase. This commission is paid only if a purchase is made. There is no cost for you to obtain a quote;
- If an Issuer does not receive your completed paperwork and full deposit amount by the due date, the Issuer may not honor the quote or may elect to adjust the quote accordingly; and
- You should consult your tax advisor and financial advisors when considering the purchase of any annuity or insurance policy, as taxes are your obligation only.
- LIMITATIONS ON HUELER'S LIABILITY: By using the Platform, you agree that Hueler's liability is limited as follows:
- If the Platform is unavailable and you are unable to request, review or purchase an annuity, Hueler is not responsible for the missed opportunity;
- Hueler is not a fiduciary to plan sponsors or to you;
- Hueler provides no warranties or guarantees about the Platform, including express or implied warranties of accuracy, timeliness, completeness, delay, merchantability and fitness for a particular purpose, and you accept the Platform and your use "as is" and "as available;"
- To the fullest extent permitted by law, and except for intentional acts or gross negligence, you waive any claims against Hueler relating to or arising out of the Platform or its performance, whether in contract, tort, statutory or otherwise, and Hueler is not liable for your use or inability to use the Platform or any damages caused by it;
- Hueler is not liable for direct, indirect, consequential, incidental or special damages under any theory of recovery, regardless of their foreseeability, and any damages you may have are limited by the fees Hueler has earned by any annuity you have purchased from an Issuer;
- Hueler is not liable for any damages caused by others, including those providing services or products through the Platform; and
- You agree to indemnify, defend, and hold harmless Hueler from any losses, damages, claims, actions, suits, or demands, (including reasonable attorneys' fees) which are asserted against or imposed upon or suffered by Hueler as a result of your acts, omissions or breach of this Agreement.
- Governing Law and Venue: You agree that this Agreement is made in, governed by and construed in accordance with the laws of the State of Minnesota without reference to choice of law principles and you expressly consent to exclusive jurisdiction and venue of the courts of Hennepin County, Minnesota.
- Entire Agreement, No Additional Terms: You agree that this Terms and Conditions of Use ("Agreement") is the entire agreement concerning your use of the Platform and it supersedes any other communications and/or agreements concerning it, including verbal statements by Hueler employees or agents, and that this Agreement cannot be amended without Hueler's consent.
- Other Provisions: You understand and agree:
- Neither this Agreement nor any part may be assigned, sublicensed or otherwise transferred by you without Hueler's prior written consent;
- This Agreement is binding upon and shall inure to the benefit of the legal successors and assigns of the parties;
- If any provision of this Agreement is found to be void, invalid, unenforceable or illegal, the validity and enforceability of the other provisions will not be affected and any unenforceable provision shall be modified and interpreted so as to best accomplish the intent of such provision;
- Neither party shall be deemed to be liable for any provisions under this Agreement for failures in performance resulting from acts or events beyond the reasonable control of the party;
- Failure to enforce any provision of this Agreement is not a waiver of the provision or of the right to enforce the provision later;
- If you provide Hueler with your email address (for example, by seeking quotes) Hueler will send you emails regarding your request. Hueler may also send you a limited number of marketing emails regarding Hueler's services and you may unsubscribe from such emails at any time by contacting Hueler at the contacts listed below.
- These terms and conditions may change without notice and you agree to be bound by any changed terms upon their posting unless you inform Hueler otherwise in writing;
- Income Solutions® is protected by U.S. Patent 7,653,560; other patents are pending; and
- Hueler Investment Services, Inc. is licensed as a resident Life/Health insurance agent in Minnesota and is licensed as non-resident Life/Health insurance agent, broker or producer in all states. Hueler's license authority in every state includes the authority to act as an insurance agent, broker or producer of annuities.
- Contact Us. If you have any questions regarding our Terms and Conditions or wish to unsubscribe from Hueler emails, please contact us at:
Hueler Investment Services, Inc.
P.O. Box 417
Excelsior, MN 55331