Terms and Conditions for Use of Athene Connect ("Terms of Use")

Please read the terms below. If you do not accept the terms, you will not be able to access anything on the site.

1. The Site; Your Acceptance

   The Terms of Use is an electronic contract between you and Athene USA Corporation and its subsidiaries (collectively, "Athene") that sets out the legally binding terms of your use of this website (the "Site"). You must agree to these Terms of Use in order to use this Site and by using this Site you consent to be legally bound by these Terms of Use and Athene's privacy policy, found here (the "Privacy Policy") and incorporated herein by reference. You further agree that your use of a key pad, mouse, or other device to select an item, button, icon, or similar act/action, or to otherwise provide Athene instructions via Athene Connect, or in accessing or making any transaction regarding any agreement, acknowledgment, consent terms, disclosures or conditions constitutes your signature (hereinafter, "E­Signature"), acceptance and agreement as if actually signed by you in writing. You also agree that no certification authority or other third party verification is necessary to validate your E­Signature and that the lack of such certification or third party verification will not in any way affect the enforceability of your E­Signature or any resulting contract between you and Athene. You also represent that you are authorized to enter into these Terms of Use for all persons who own or are authorized to access any of your accounts and that such persons will be bound by these Terms of Use. You further agree that each use of your E­Signature on this Site constitutes your agreement to be bound by the Terms of Use as it exists on the date of your E­Signature.

2. Intellectual Property Rights, Confidentiality

   This Site and all the materials available on the Site are the property of Athene and/or our affiliates or licensors, and are protected by copyright, trademark and other intellectual property laws. You may not use the Site or the materials available on the Site in a manner that constitutes an infringement of our rights or that has not been authorized by us. More specifically, unless explicitly authorized in these Terms of Use, or by the owner of the materials, you may not modify, copy, reproduce, republish, upload, post, transmit, translate, sell, create derivative works, exploit or distribute in any manner or medium (including by email or other electronic means) any material from the Site. You may, however, from time to time, download and/or print one copy of individual pages of the Site for your use, provided that you keep intact all copyright and other proprietary notices. Information about requesting permission to reproduce or distribute materials from the Site can be found by emailing adreview@athene.com. By using the Site and accessing the data, software and other materials (the "Materials") on the Site, you understand and agree that the Materials contained on the Site are confidential. You further understand and agree that the Materials may be used only for the purpose of marketing the products of Athene and may not be disclosed or distributed to anyone other than Athene's appointed agents or potential agents, and may not be used for any other purpose.

3. Limitation of Liability

   To the fullest extent permitted by law, under no circumstance shall Athene, its parent companies, affiliates or officers, directors, employees or agents of the same be liable for any direct, indirect, incidental, special, punitive, or consequential damages whatsoever resulting from any (I) errors, mistakes, or inaccuracies of content, (II) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of our Site, (III) any unauthorized access to or use of our servers and/or any and all personal, business and/or financial information stored therein, (IV) any interruption or cessation or transmission to or from our Site; (V) any bugs, viruses, trojan horses, or the like, which may be transmitted to or through our Site by any third party, and/or (VI) any errors or omissions in any content or for any loss or damage of any kind incurred as a result of your use of any content posted, emailed, transmitted or otherwise made available via the Site, whether based on warranty, contract, tort or any other legal theory, and whether or not Athene or any other person is advised of the possibility of such damages. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.

4. Disclaimer of Warranties; Disclaimer of Liability

   You agree that your use of the Site shall be at your sole risk. The information, products and services offered on or through the Site and any third-party sites are provided "as is" and without warranties of any kind either express or implied. To the fullest extent permitted by applicable law, Athene disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. Athene, its affiliates and licensors do not make any warranties or representations about the accuracy or completeness of the Site’s content or the content of any sites linked to the Site and assume no liability or responsibility for any (I) errors, mistakes, or inaccuracies of content, (II) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of our Site, (III) any unauthorized access to or use of our servers and/or any and all personal, business and/or financial information stored therein,
   (IV) any interruption or cessation of transmission to or from our Site, (V) any bugs, viruses, trojan horses, or the like that may be transmitted to or through our Site by any third party, and/or (VI) any errors or omissions in any content or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available via the Site.
   
   Athene, its affiliates and licensors do not warrant or make any representations regarding the use or the results of the use of the Site or materials on this Site or on third-party sites in terms of their correctness, accuracy, timeliness, reliability or otherwise.
   
   Links and pointers may be provided to Internet sites maintained by unaffiliated third parties. Linking or pointing to such third party sites does not imply an endorsement or sponsorship of such sites, or the information, products or services offered on or through such sites. In addition, neither Athene nor its parent or subsidiary companies nor any of its respective affiliates operate or control in any respect any information, products or services that third parties may provide on or through the Site or on websites linked on the Site. You must provide, and are solely responsible for, all hardware and/or software necessary to access the Site. You assume the entire cost of and responsibility for any damage to, and all necessary maintenance, repair or correction of, that hardware and/or software.

5. Registration

   To access certain features of the Site, we may ask you to provide certain information including your social security number or tax identification number and date of birth. In addition, we may require you to answer some identity proofing questions. You agree to provide us true, accurate, current and complete information about yourself when prompted. If we have reasonable grounds to suspect that such information is untrue, inaccurate or incomplete, we have the right to terminate or suspend your account and refuse any and all current or future use of the Site (or any portion thereof). Our use of any personally identifiable information you provide to us as part of the registration process is governed by the terms of our Privacy Policy.
   When you register with Athene, you affirmatively agree to the following:

   • You are responsible for securing and maintaining the confidentiality of your login name and password;

   • Athene is authorized to act on instructions received under your password without any requirement to question those instructions, and you are solely responsible for all transactions or acts that are validated through use of your password, whether or not made with your knowledge or authority;

   • If you provide or permit any person to use your login name and password, you may be liable for transactions made by that person;

   • Athene is not liable for any unauthorized access to your information that is not directly due to the negligence of Athene;

   • You will notify Athene immediately if you believe anyone else has learned your password or if you believe an unauthorized access to Athene or your information has occurred;

   • Athene may deny or block access to any transaction made under your password without prior notice if we believe your password is being used by someone other than you, or if any unauthorized access to your information has occurred or may occur, or for any other reason, but we are under no obligation to do so.

6. Indemnity

   You agree to defend, indemnify, save and hold harmless Athene, its parent, affiliates, officers, directors, employees, and agents from and against any and all claims, obligations liabilities, costs or debt, and expenses (including attorneys’ fees) arising from any act or omission by you, your employees, agents and contractors related to: (i) use of and access to the Site; and (ii) violation of these Terms of Use.

7. Ability to Accept Terms of Use

   You represent and warrant that you are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations and warranties set forth in these Terms of Use, and to abide by and comply with these Terms of Use. In any case, you represent and warrant that you are over the age of 13.

8. Termination

   We may cancel or terminate your right to use the Site or any part of the Site at any time and without notice. In the event of cancellation or termination, you are no longer authorized to access the part of the Site affected by such cancellation or termination. The restrictions imposed on you with respect to material downloaded from the Site, and the disclaimers and limitations of liability set forth in these Terms and Condition, survive.

9. Other

   The laws of the State of Iowa (without giving effect to its conflict of laws principles) govern all matters arising out of or relating to these Terms of Use and the transactions it contemplates, including, without limitation, its interpretation, construction, performance and enforcement. You hereby consent to, and agree that any dispute arising out of or in connection with these Terms of Use or the Site is to be adjudicated before a Federal District Court or Iowa district court located in Polk County, Iowa, and you consent, and agree to, hereby submit to the exclusive jurisdiction of the courts of the State of Iowa located in Polk County, Iowa, and of the Federal District Courts located in Polk County, Iowa, with respect to any action or legal proceeding commenced by any party, and irrevocably waive any objection you now or hereafter may have respecting the venue of any such action or proceeding brought in such a court or respecting the fact that such court is an inconvenient forum. The Terms of Use constitute the entire agreement between you and Athene with respect to the subject matter hereof and the Terms of Use supersede any all prior negotiations, representations, warranties, undertakings or agreements, written or oral. If any provision of these Terms of Use is determined to be invalid, illegal or unenforceable, the remaining provisions of the Terms of Use remain in full force, if the essential terms and conditions of the Terms of Use for you and Athene remain valid, binding and enforceable.