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Legal & Association  Policies

Legal Notices and Disclaimers


The content of this website is subject to copyrights and service marks owned or controlled by the National Association of Insurance and Financial Advisors (NAIFA) and/or other entities or persons. No material from this website may be reproduced, downloaded, transmitted, distributed, published, modified or in any way exploited or made part of derivative works, in any form or by any means, without prior express written permission from the owner of the material. Personal, non-commercial, use of material from this website may be made to the limited extent that a single machine-readable copy and/or a single paper copy is made of occasional material of personal interest. Website visitors may also use the social media sharing functions, where applicable, to share website material with others. All other rights are reserved.

The NAIFA names, service marks, and logos that appear on this website may not be used in any advertising or publicity, or otherwise used to suggest NAIFA's endorsement, sponsorship of, or affiliation with, any product, service, person or entity, without NAIFA's prior express written permission. Other brand names, product names, trademarks and service marks appearing on this website are the property of their respective owners. This website contains links to other websites. NAIFA has no control over, is not responsible for and does not endorse or recommend such other sites, or the information, products, materials or services available at such other sites, unless such control, endorsement, or recommendation is explicitly stated on NAIFA's website. In such cases, the endorsement or recommendation is strictly limited to the specific information, products, materials or services referred to and none other. NAIFA may allow third parties to advertise on the NAIFA website and to provide a link from the NAIFA website to the third party's website, whereby visitors to the NAIFA website may be transferred to the third party's website. As stated above, NAIFA does not endorse or recommend any such third party or its products or services unless such endorsement or recommendation is explicitly stated on NAIFA's website. NAIFA disclaims all liability for any claims or damages that may result from the use of external websites linked to this site.

THIS WEBSITE IS PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. NAIFA DISCLAIMS ALL LIABILITY FOR ANY CLAIMS OR DAMAGES THAT MAY RESULT FROM THE USE OR OPERATION OF THIS WEBSITE. NAIFA DOES NOT WARRANT THAT THIS WEBSITE WILL OPERATE WITHOUT ERROR OR THAT THIS WEBSITE AND ITS SERVER ARE FREE OF COMPUTER VIRUSES. NAIFA IS NOT RESPONSIBLE FOR ANY DAMAGES OR COSTS IF USE OF THIS WEBSITE RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA OR IF ANY OTHER CONSEQUENTIAL DAMAGES OR COSTS OCCUR AS A RESULT OF SUCH USAGE. THIS WEBSITE MAY CONTAIN INACCURACIES OR TYPOGRAPHICAL ERRORS. NAIFA DOES NOT GUARANTEE THE ACCURACY, COMPLETENESS OR TIMELINESS OF THIS WEBSITE. CHANGES ARE PERIODICALLY MADE TO THIS WEBSITE AND MAY BE MADE AT ANY TIME.

NAIFA provides the information and services on this website as a benefit and service in furtherance of its nonprofit and tax-exempt status. NAIFA makes no representation as to the suitability of these website materials for any purpose. The information and services on this website do not constitute insurance, financial, investment, estate planning, tax, legal, compliance, accounting, or other professional services or advice. NAIFA reminds members to ensure that the manner in which they sell insurance and other financial products, and the advertising and sales materials they use, comply with state, federal and FINRA/SEC requirements, and the compliance rules of the insurance and other financial companies they represent. The generic nature of information on this website may conflict with specific, and frequently changing, state and federal laws and regulations and the rules of insurance and other financial services companies. If in doubt about compliance issues, check with your company.

Recruiting and Non-Proselytization

The official activities of NAIFA and its state and local chapters shall not be used as a forum or means for individual members to actively or directly recruit other members to their companies or agencies (i.e., proselytizing). Association time and resources must focus on NAIFA's mission to advocate for a positive legislative and regulatory environment, enhance business and professional skills, and promote the ethical conduct of our members. Proselytizing is not consistent with this mission and is not appropriate association business. This policy shall not be construed to interfere with an individual member’s freedom to recruit others on their own time, in connection with their own business affairs, apart from association activities. This policy also shall not be construed to preclude company or agency advertising, exhibits, or sponsorships, in connection with association publications or activities.

Adopted by the NAIFA Board of trustees on March 17, 2005

 

NAIFA Find an Advisor Terms of Use

The NAIFA Find an Advisor feature is a proprietary database that allows consumers to locate NAIFA members. Access to the NAIFA Find an Advisor tool is subject to acceptance of these Terms of Use. NAIFA provides online access to its proprietary membership information for the sole purpose of enabling the public to locate NAIFA members in their area in order to obtain information about insurance and financial services. Use of the NAIFA Find an Advisor feature for any other purpose, including, without limitation, for any commercial or telemarketing purpose, is strictly prohibited. No material from the NAIFA Find an Advisor tool may be copied, reproduced, downloaded, transmitted, or published, in any form or by any means, other than the creation of a single machine-readable copy and/or a single paper copy for personal, non-commercial, use that is consistent with these Terms of Use.

NAIFA members and others have provided the information contained in the NAIFA Find an Advisor tool. NAIFA makes no representations or guarantees, and assumes no responsibility or liability whatsoever, in connection with the content, accuracy, operation or use of the NAIFA Find an Advisor tool. NAIFA does not control or endorse, and assumes no responsibility or liability whatsoever in connection with, any communications or transactions that may result from use of the NAIFA Find an Advisor tool. NAIFA disclaims all liability for any claims or damages that may result from use of the NAIFA Find an Advisor tool. Users of the NAIFA Find an Advisor tool agree to indemnify and hold NAIFA harmless from any claim arising from such use.

Privacy Policy

NAIFA attempts to protect the privacy of those who access the NAIFA website. NAIFA may collect contact and identification information from visitors to the NAIFA website, such as their name; company affiliation; title; telephone number(s); email, URL, and regular mailing addresses; credentials; licenses held and year of licensure; professional practice areas; and certain demographic information. NAIFA may use this information to process membership applications and renewals, to provide member services, and to contact website visitors. NAIFA may share contact information from its membership list with select companies to promote member programs and raise non-dues revenue. Please notify NAIFA at 1-877-866-2432 if you do not want NAIFA to share your contact information with third parties for purposes other than association business.

NAIFA also collects information from visitors to the NAIFA website who register for NAIFA meetings, events or other programs or who make purchases through the NAIFA website and who provide contact and credit card information for registration or purchase purposes. Except as needed for membership application and renewal, registration, or purchase purposes, or unless required by law, NAIFA does not disclose credit card information to third parties. NAIFA does provide contact information about event attendees to certain companies that sponsor NAIFA events. Please notify NAIFA at 1-877-866-2432 if you do not want NAIFA to share your contact information for this purpose.

NAIFA may also collect information from visitors to the NAIFA website who subscribe to NAIFA publications or who participate in online surveys, drawings, or other programs. NAIFA uses survey information to gauge opinions and interests of website visitors and to gather information about the insurance and financial services industry. Unless required by law, or as otherwise noted in a survey request, NAIFA does not disclose to third parties the identities of those who respond to surveys but may disclose to the public the survey responses themselves, both individually and in the aggregate.

NAIFA may retain personal data for so long as necessary or useful to pursue the legitimate interests of the association. Other factors include the duration of the business or contractual relationship of the association and an individual; archiving of historical information; and legal requirements, including limitations periods during which a legal claim might be brought.

NAIFA works with HubSpot, Inc., which uses technology services, such as cookies, to collect data about NAIFA website visitors and usage to deliver a safer, faster, and more customized website experience. The three types of cookies used are strictly necessary, analytics and performance, and advertising.

This Privacy Statement does not apply to any websites that may be linked to the NAIFA website. NAIFA is not responsible for and has no control over the privacy policies, if any, of such external sites.

Not withstanding NAIFA's efforts to protect the privacy of visitors to the NAIFA website, transmission of sensitive or confidential information to the NAIFA website should be guided by an understanding that electronic communications are not secure against interception.

NAIFA Code of Conduct for Virtual Programs

To maintain the professionalism of NAIFA-hosted virtual programming, all registrants, attendees, and participants at all NAIFA virtual programs must comply with the terms of this NAIFA Code of Conduct for Virtual Programs, which requires adherence to the following rules:

  1. All forms of discrimination, harassment, and abuse are prohibited, including but not limited to discrimination, harassment or abuse that is based on or directed at another person’s or group of people’s race, gender, sexual orientation, religion, national origin, disability, age, or any other basis protected by federal, state or local law, ordinance or regulation.
  2. Prohibited conduct includes verbal, written, or visual behavior that is offensive, hostile, threatening, derogatory, or abusive, including but not limited to when communicated by comments, gestures, jokes, slurs, or pictures.
  3. Prohibited conduct also includes any behavior that disrupts any component of a virtual program.
  4. NAIFA virtual programs must not be used by participants as a forum to communicate promotional or commercial messages except to the limited extent it may be expressly permitted by NAIFA.
  5. NAIFA reserves the right to remove any communication from a virtual program that it deems inconsistent with this Code of Conduct or for any other reason NAIFA deems appropriate.

Violations of this Code of Conduct may result in removal from a virtual program, may constitute a violation of NAIFA’s Code of Ethics, and may lead to other sanction(s) as NAIFA deems appropriate in its discretion, without warning or refund. Violations of this Code of Conduct may be brought to the attention of NAIFA’s Chief Operating Officer & General Counsel, Michael E. Gerber, at mgerber@naifa.org or 703-770-8190.

 

NAIFA Acknowledgment of Personal Responsibility for Meeting Attendance

To help protect the safety of meeting attendees, and to help limit the spread of COVID-19, all attendees at NAIFA conferences, meetings, and other events (herein, the “Event”), must agree to comply with the terms of this NAIFA Acknowledgment of Personal Responsibility for Meeting Attendance, which requires acknowledgment and adherence to the following rules:

  1. I agree that I will not attend the Event if I have COVID-19, have symptoms of COVID-19, or have been in close contact with someone who has COVID-19 within 10 days before the Event.
  2. I agree that if I learn that I have COVID-19, or if I experience any symptoms of COVID-19, during the Event, I will inform NAIFA staff as soon as possible and I will depart the Event.
  3. As an Event attendee, I will comply with federal, state, and local requirements, as well as hotel and Event venue rules, concerning COVID-19, and I will be mindful of CDC recommendations on this subject.
  4. I acknowledge that travel to and meetings in the location of the Event are subject to applicable laws and regulations of the location state, which are posted on publicly available websites.
  5. The Event hotel and other venues may take precautions to reduce the spread of COVID-19. However, I acknowledge that efforts to follow public health guidance do not guarantee that attendees will not contract or transmit COVID-19, and that all attendees face risks of contracting and transmitting COVID-19 as a result of travel to and participation in the Event.
  6. I am aware of the health risks associated with COVID-19 and by attending the Event I choose to accept the risks of in-person attendance at the Event, including travel to and from the Event, and the risks of any associated activities in which I choose to participate. In doing so, I agree to accept sole responsibility for any illness or damage that I may experience, and I release fully NAIFA and all of its volunteers and staff from (a) any and all liability, if I become ill as a direct or indirect result of my participation in the Event, and (b) any duty or obligation to notify me if Event attendees report symptoms of, or test positive for, COVID-19. By registering for the Event, I am confirming my agreement to this Acknowledgment of Personal Responsibility for Meeting Attendance and to all of its terms.

 

Transactional and Informational Email & Text Messaging (SMS) from NAIFA to Members and Leaders

 

Communication between NAIFA and its members is essential. For NAIFA to support its members, and pursue its membership mission to advocate, educate, and differentiate, the association must inform members of NAIFA’s activities, programs, and initiatives. Likewise, to ensure that members have a quality member experience, and receive the benefits of their professional association membership, NAIFA must communicate with members about the status of their membership and membership engagement. Email remains a primary form of communication between NAIFA and its members and NAIFA’s use of email is essential to keeping its members informed and engaged with the association.

Accordingly, to make certain that NAIFA informs members about NAIFA news, events, and happenings, and about the status of their membership, NAIFA does not generally provide for NAIFA members to opt-out of transactional or informational email from NAIFA.

Rules governing the dissemination of email do not require NAIFA to permit members to opt-out of transactional, informational, non-commercial, messages from the association. Rules such as the CAN-SPAM Act regulate commercial email, which are messages that have the advertisement or promotion of a commercial product or service as their primary purpose. Informational NAIFA email sent to NAIFA members, such government relations updates, Advisor Today communications, and news about the association, and transactional notices about a member’s membership, registrations, or purchases, are not commercial for the purposes of email rules and need not have an opt-out notice.

When NAIFA sends email to members that is primarily of a commercial nature, an opt-out notice is used.