Terms of Use

Please read the following Terms of Use carefully before you use the ezbiz Website (the “Site”). These Terms also apply when using a mobile application, mobile device browser, or any other technology to access any content or other aspect of this Site. You must read and accept all Terms before accessing the Site. By accessing the Site any means, you are agreeing to these Terms. Your continued use of this Site indicates your ongoing acceptance of these Terms.

This Site is proprietary to The Independent Order of Foresters, including its affiliated companies. We may change the Terms from time to time, without prior notice. The amended Terms are automatically effective as soon as we post them. You should, therefore, review these Terms regularly.

On this page, “you” or “your” mean the person using the Site. “We”, “us” or “our” mean The Independent Order of Foresters and its affiliated companies (collectively “Foresters”).

The use of the Site is also subject to the terms and conditions located in your contract with Foresters as well as Foresters Privacy Policy and all applicable laws. Additional or different terms of use may apply to other Foresters websites and you should review the terms of use posted on the website(s) you wish to use.

Access and Security

To access the Site on desktop and mobile, you must be an advisor or other person authorized by Foresters who has obtained a username and password from Foresters and follow any additional security measures that Foresters may require. Foresters verification codes are delivered by e-mail, phone call and/or text message (SMS) through major wireless providers at no additional cost from Foresters. Although Foresters does not charge a fee to receive a text message/SMS, you are responsible for all fees charged by your wireless provider including standard messaging and data charges.

Foresters may at any time, without prior notice, revoke access to the Site and/or implement additional security capabilities that may require additional authorizations or other requirements. By obtaining a username and password, you agree that:

  • you are responsible for and shall take steps to maintain the security of your access to the Site and over all information on the Site and maintain commercially reasonable standards of security appropriate for the type of information accessible by way of the Site no less than those required by your contract with Foresters, the Foresters Privacy Policy and applicable law;
  • you are responsible for keeping your security credentials including your username, password, and verification code safe and secure. These credentials must not be shared. If someone signs into the Site using your username, password or verification code Foresters can treat that person as if they are you and you shall be responsible for their use of the Site and all information on the Site as if those actions were performed by you;
  • we cannot, and are not required, to confirm the identity or authority of anyone who uses our online services, including the Site, except by ensuring their password matches their username;
  • we can rely on this username and password as electronic identification, to accept instructions given online as if you had given us written signed instructions; and
  • you will notify us immediately if you believe there was unauthorized access to the Site by sending a notification to infosecurity@foresters.com.
Privacy

We are committed to keeping your personal information and that of individuals who seek to obtain products and/or services through Foresters, and/or members of Foresters, safe and secure. Personal information transmitted to us will be treated in accordance with our Privacy Policy. You can find out more about how we do that by reviewing the Privacy Policy here.

However, no data transmission over the internet is 100% secure and any information discussed online can be potentially interrupted and used by unauthorized parties. Foresters shall not be liable for any harm or damages that you or any person may suffer resulting from any such interruption and/or use.

Advisors are reminded of their agreement not to use or disclose non-public personal information, (i.e. personally identifiable information) including, but not limited to, financial or health information that is not publicly available (“Protected Information”), about individuals who seek to obtain products and/or services through Foresters (“Consumers”), and/or members of Foresters, and/or any other person, except as provided in their agent agreement.

Advisors agree that they must comply with all applicable provincial and federal laws and regulations impacting the collection, use, disclosure, safeguarding and destruction of Protected Information (all the foregoing referred to as “Privacy Law”).

Advisors agree to treat Protected Information as confidential and that access to Protected Information will be limited to officers, employees, agents, uplines and representatives of an advisor who need to use the information in connection with underwriting, claims administration or other servicing of Foresters products and/or Foresters services for a particular Consumer and/or member.

Advisors shall not use or disclose, or permit any of its/his/her officers, employees, agents or representatives to use or disclose Protected Information except: (i) as necessary in underwriting, administering claims, or otherwise servicing the Consumer and/or member transactions requested or authorized by the Consumer and/or member in relation to a Foresters certificate; (ii) as otherwise in compliance with the Foresters Privacy Policy; or, (iii) as otherwise required or permitted under Privacy Law.

Each advisor, and officers, employees, agents, and representatives, as appropriate, is/are responsible for establishing appropriate procedures for safeguarding Protected Information within their control. Any Protected Information that is transmitted electronically, including via email, must be sent by secure means approved by Foresters, such as through Secure upload to ezbiz, SecureDocs, TLS (Transport Layer Security) or SecureEmail.

You shall be responsible for Protected Information that you share with your officers, directors and employees, and agree to indemnify Foresters, and its subsidiaries, and each of their respective officers, directors and employees, past or present, from and against any and all liabilities, damages, costs, losses, expenses, fines or judgments, which may be suffered by, accrued against, charged to, or recoverable from, Foresters, any of its subsidiaries, or any of their respective officers, directors, or employees, past or present, by reason of or arising out of either (a) a breach of these Terms, or (b) improper use of the Site and/or the information contained therein including but not limited due to your negligence, by you or your officers, directors, employees, or any other person who may access the Protected Information through you, to whom you provide access to the Site, or who otherwise obtains access to the Siteand/or the information therein.

Protected Information shall not be retained for longer than is necessary, after which the Protected Information shall be promptly and securely deleted or destroyed.

Use of Visitor Information

Foresters gathers statistical information regarding visitor usage of the Site. This information includes such data as number of visitors, sessions and page views, length of visits, pages visited, and other such information. This data is only used in the aggregate to help determine general usage patterns which will allow us to continually improve our online and mobile services. This statistical information may be shared or made public at our discretion. This data will not contain any personal information or information that identifies any specific visitor.

Warranty Disclaimer

NO WARRANTY: YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE SITE, MOBILE APPLICATION, MOBILE DEVICE BROWSER, OR ANY OTHER TECHNOLOGY TO ACCESS ANY CONTENT OR OTHER ASPECT OF THIS SITE (COLLECTIVELY THE “SITE”) IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ANY AND ALL SERVICES PERFORMED OR PROVIDED BY THE SITE ARE PROVIDED "AS IS" AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND FORESTERS HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO ANY SERVICES, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD-PARTY RIGHTS. FORESTERS DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE SITE; THAT THE FUNCTIONS CONTAINED IN, OR SERVICES PERFORMED OR PROVIDED BY, THE SITE WILL MEET YOUR REQUIREMENTS; THE ACCURACY OF THE INFORMATION ON THE SITE; THAT THE OPERATION OF THE SITE OR ITS SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE; OR THAT DEFECTS IN THE SITE OR ITS SERVICES WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY FORESTERS OR ITS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE SITE OR ITS SERVICES PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.

Limitation of Liability

IN NO EVENT SHALL FORESTERS, INCLUDING ANY OF ITS RESPECTIVE ENTITIES' DIRECTORS, OFFICERS, AGENTS AND EMPLOYEES, SUCCESSORS AND ASSIGNS BE LIABLE TO YOU OR ANY THIRD PARTY FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, GENERAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO: (i) THESE TERMS; (ii) YOUR USE OR INABILITY TO USE THE SITE, HOWEVER CAUSED; (iii) RELIANCE ON CONTENTS OR INFORMATION OBTAINED THROUGH THE USE OF THE SITE; AND (iv) ANY OTHER MATTER RELATING TO THESE TERMS, THE SITE, OR THE SITE’S CONTENT. ANY AND ALL OF THE LIMITATIONS OF LIABILITY CONTAINED IN THESE TERMS APPLY EVEN IF FORESTERS HAS BEEN ADVISED OF THE POSSIBILITY OF ANY DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU.

Product Descriptions

Any product descriptions on the Site are abbreviated summaries of products highlighting some of their features. Products should be reviewed in detail be reference to the legal documents that govern them. It is not the intention of Foresters to advertise products or services to residents of jurisdictions in which those products or services are not available.

Use of Cookies

Foresters uses “cookies” to enable you to sign into Site from a desktop or mobile device and to help personalize your online experience. A cookie is a small text file that is place on your hard disk by a web page server. Cookies contain information that can later be read by a webserver in the domain that issued the cookie to you. Cookies cannot be used to run programs or deliver viruses to your computer or mobile device.

When you sign into the Site using your username and password, your unique ID number, and the time you signed in are stored in an encrypted cookie. This cookie allows you to move from page to page without having to sign in again on each page. When you sign out, these cookies are deleted. Your e-mail address, first name, last name, distribution channel and sub-channelmay be stored in a cookie that will remain on your computer or mobile device after you sign out. If you are using a public computer or do not otherwise want this information to be stored,then you can select the appropriate radio button on the sign-in page and this cookie will not be used.

You have the ability to accept or decline cookies. Most browsers automatically accept cookies, but you can usually modify your browser settings to decline cookies if you prefer. If you choose to decline cookies, then you may not be able to sign in or use the other features of the Site that depend on cookies.

Ownership and Use of Content

The content of this Site is protected by copyright. You may not republish or reproduce any part without the prior written permission of Foresters.

Trademarks

Foresters is the copyright owner of all text and graphic images contained on this Site, unless otherwise indicated. Foresters and its affiliated companies each own or are licensed to use the trademarks on the Site. For example, Foresters owns ForestersTM, Foresters FinancialTM and our logo, as well as Canada Protection PlanTM and its logo. The trademarks are protected by Canadian, U.S and European Union trademark laws. All rights reserved. You are not granted any right or license to use the Foresters trademarks. Foresters Financial and Foresters trademarks and logo may only be used with the prior written permission of Foresters and may only be used if displayed in their correct form, are used in compliance with our organizational standards and are used in keeping with practices that protect our trademarks and copyrighted material. Ownership of the trademarks must be attributed to Foresters in a manner satisfactory to us.

External Links

The Site may enable access to third-party websites completely independent of this Site. Use of those sites may require that you accept additional terms of service. Please read the terms of service for each third-party site carefully before deciding whether you will agree to them.

Third-party websites may display, include, or make available content, data, information, applications, or materials from third parties (“Third-Party Materials”) or provide further links to certain third-party web sites. You acknowledge and agree that Foresters is not responsible for examining or evaluating the content, accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect of such Third-PartyMaterials or web sites. Foresters does not warrant or endorse and does not assume and will not have any liability or responsibility to You or any other person for any Third-Party Materials or web sites, or for any other materials, products, or services of third parties.

Governing Law

If any provision in these Terms of Use is held invalid or unenforceable under applicable law, the remaining provisions will continue in full force and effect. These conditions of use shall be governed by and construed in accordance with the laws of the Province of Ontario and the applicable laws of Canada. You hereby consent and submit to the exclusive jurisdiction of the courts of the Province of Ontario sitting in the City of Toronto in any action or proceeding related to your use of this Site.

Further Information

For more information concerning these Terms, please contact:

Attention: Chief Legal Officer

The Independent Order of Foresters
789 Don Mills Road
Toronto, Ontario
CANADA
M3C 1T9
P: 1-866-466-7166

423631 CAN (06/24)