Disclosures
Guarantees are based on the claims paying ability of Ibexis Life & Annuity Insurance Company™. Policy form number ICC22_FIA_0922.
This brochure is for informational purposes only. Review the Contract for product details and benefits. Restrictions apply. Neither Ibexis nor its representatives provide legal or tax advice. Consult with your attorney or tax advisor for additional information. Ibexis’ products are NOT: 1) a deposit; 2) FDIC or NCUA insured; 3) insured by any federal government agency; or 4) guaranteed by a bank, savings association or credit union. Guarantees are based on the financial strength and claims-paying ability of Ibexis. Policy form numbers and product availability vary by state. Withdrawals may be taxable and subject to tax penalties if made before age 59-1/2. Tax-deferral offers no additional value if the annuity is used to fund a qualified plan, such as an IRA or 401k and may not be available if the owner of the annuity is not a natural person such as a corporation or certain types of trusts.
The provisions, riders and optional additional features of this product have limitations and restrictions, and may have additional charges. Contracts are subject to state availability, and certain restrictions may apply. Withdrawals may be taxable and subject to tax penalties if made before age 59-1/2. Tax-deferral offers no additional value if the annuity is used to fund a qualified plan, such as an IRA or 401k and may not be available if the owner of the annuity is not a natural person such as a corporation or certain types of trusts.
The “S&P 500” is a product of S&P Dow Jones Indices LLC or its affiliates (“SPDJI”),and has been licensed for use by Ibexis Life & Annuity Company (Ibexis). Standard & Poor’s® and S&P® are registered trademarks of Standard & Poor’s Financial Services LLC (“S&P”); Dow Jones® is a registered trademark of Dow Jones Trademark Holdings LLC (“Dow Jones”). FIA Plus™ is not sponsored, endorsed, sold or promoted by SPDJI, Dow Jones, S&P, or their respective affiliates, and none of such parties make any representation regarding the advisability of investing in such product(s) nor do they have any liability for any errors, omissions, or interruptions of the S&P 500.
The BofA U.S. Strength Fast Convergence Index (the “Index”) is the property of BofA Securities Inc. and its Affiliates (“BofAS”) and licensed to Ibexis Life & Annuity Insurance Company (“Licensee”). The FIA Plus (“Product”) is not sponsored, endorsed, sold or promoted by BofAS. BofAS has not passed on the legality or suitability of, or the accuracy or adequacy of descriptions and disclosures relating to, the Product, nor makes any representation or warranty, express or implied, to the owners of Product or any member of the public regarding the Product or the advisability of purchasing in the Product, particularly the ability of the Index to track performance of any market or strategy. BofAS’ only relationship to Licensee is the licensing of certain trademarks and trade names and the Index or components thereof and is not a party to any transaction contemplated hereby. The Index is determined, composed and calculated by BofAS without regard to the Licensee or the Product or its holders. Subject to its regulatory obligations, BofAS has no obligation to take the needs of the Licensee or the holders of the Product into consideration in determining, composing or calculating the Index, and BofAS shall not be liable, whether in negligence or otherwise, to any person for any errors or omissions in the Index or in the calculation of the Index or under any obligation to advise any person of any errors or omissions therein. BofAS is not responsible for and has not participated in the determination of the timing of, prices of, or quantities of the Product to be issued or in the determination or calculation of the equation by which the Product is to be priced, sold, purchased, or redeemed. BofAS has no obligation or liability in connection with the administration, marketing, or trading of the Product. While volatility controls may result in less fluctuation in rates of return as compared to indices without volatility controls, they may also reduce the overall rate of return as compared to products not subject to volatility controls.
The rules governing the operation and calculation of the Index and any Index component sponsored or administered by BofAS (the “Rules”) may be amended by BofAS. An amendment to the Rules may result from, without limitation, a change to the construction or calculation of the Index or such Index component, or from BofAS determining that a change to the Rules is required or desirable in order to update them or to address an error, omission or ambiguity. No assurance can be given that any such amendment would not be detrimental to purchasers of the Product. BofAS has no obligation to continue to publish, and may discontinue publication of, the Index or any such Index component. The end-of-day values of the Index are published subject to provisions in the Rules. BofAS is not obligated to publish any information regarding the Index other than as stipulated in such Rules.
THE INDEX AND ANY DATA, ARE PROVIDED “AS IS”. BOFAS DOES NOT GUARANTEE OR MAKE ANY EXPRESS OR IMPLIED WARRANTIES, AND EXPRESSLY DISCLAIMS ALL WARRANTIES ABOUT: THE ACCURACY, TIMELINESS, OR THE COMPLETENESS OF THE INDEX, ANY DATA (WHICH THROUGHOUT THIS DISCLAIMER INCLUDES THE EARNINGS CALL TRANSCRIPT NLP SIGNAL DESCRIBED IN THE RULES, WHICH IS SOURCED FROM AN EXTERNAL VENDOR AND IS SUBJECT TO LIMITATIONS DISCLOSED IN THE RULES), THE CALCULATION THEREOF, OR ANY COMMUNICATIONS WITH RESPECT THERETO; OR THE RESULTS TO BE OBTAINED BY A LICENSEE, HOLDERS OF A PRODUCT (LINKED TO OR BASED ON THE INDEX, ANY DATA, CALCULATION, OR COMMUNICATIONS). BOFAS ALSO EXPRESSLY DISCLAIMS ALL WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE OR SATISFACTORY QUALITY.
BOFAS SHALL HAVE NO LIABILITY FOR ANY ERRORS, OMISSIONS, UNAVAILABILITY, LATENESS, OR INTERRUPTIONS OR ANY OTHER CAUSE (INCLUDING NEGLIGENCE), UNDER ANY CAUSE OF ACTION, TO: A LICENSEE; HOLDERS OF ANY PRODUCT (LINKED OR BASED ON THE INDEX, THIS DOCUMENT, OR ANY DATA); OR ANY OTHER PERSON OR ENTITY-- ARISING FROM OR RELATED TO INDEX, ANY DATA, CALCULATION, OR COMMUNICATIONS, OR THE USE OF, OR RELIANCE ON INDEX, ANY DATA, CALCULATION, OR COMMUNICATIONS.
WITHOUT LIMITING ANY OF THE FOREGOING, IN NO EVENT SHALL BOFAS (OR ANY AFFILIATE) HAVE ANY LIABILITY FOR ANY SPECIAL, PUNITIVE, INDIRECT, INCIDENTAL, CONSEQUENTIAL DAMAGES, OR LOST PROFITS OR OPPORTUNITY, EVEN IF NOTIFIED OF THE POSSIBILITY OF SUCH DAMAGES. THE LIMITATIONS IN THE ABOVE THREE PARAGRAPHS ARE INDEPENDENT OF EACH OTHER, AND THE FAILURE OF ESSENTIAL PURPOSE OR UNENFORCEABILITY OF ANY PART SHALL NOT AFFECT ANY OTHER PART.
“BofAS” and the “BofA U.S. Strength Fast Convergence Indexsm” are trademarks of BofA Securities Inc. or its Affiliates and have been licensed for use by Ibexis Life & Annuity Insurance Company. BofAS receives compensation from the Licensee in connection with licensing rights to the Index and certain hedging arrangements between BofAS and the Licensee or its affiliates.
Obligations to make payments under the Product are solely the obligation of the Licensee and are not the responsibility of BofAS. BofAS did not publish or approve this document, and BofAS does not accept any responsibility for its contents or use.
The HSBC AI Global Tactical Index (the “AiGT Index”) is the exclusive property of HSBC Bank plc (“HSBC”) and administered, calculated, and published by Solactive AG (“Solactive”). HSBC, AiGT, and “HSBC AI Global Tactical Index” (collectively, the “AiGT Marks”) are trademarks or service marks of HSBC and have been licensed by HSBC and sub-licensed by Ibexis Life & Annuity Insurance Company (the “Company”) for use in a fixed indexed annuity offered by the Company. The fixed indexed annuity is not, in whole or in part, sponsored, structured, priced, endorsed, offered, sold, issued or promoted by HSBC, Solactive or any of their affiliates. HSBC’s only relationship to the Company is the licensing of the AiGT Index and AiGT Marks for certain purposes. Solactive’s only relationship to the Company is with respect to administering, calculating and publishing the AiGT Index. HSBC and Solactive shall not have any liability with respect to a fixed indexed annuity in which an interest crediting option is based on the AiGT Index and are not liable for any loss relating to the fixed indexed annuity, whether arising directly or indirectly from the use of the AiGT Index, its methodology, any AiGT Mark or otherwise. Neither HSBC or Solactive have any obligation to take into consideration any of the needs of the Company or any of the owners, annuitants or beneficiaries of the fixed indexed annuity in designing, calculating, administering or licensing the AiGT Index.
NONE OF HSBC, SOLACTIVE OR THEIR SUPPLIERS GUARANTEES THE ACCURACY, ADEQUACY, TIMELINESS, COMPLETENESS OR AVAILABILITY OF THE AIGT INDEX OR ANY COMPONENT THEREOF OR DATA INCLUDED THEREIN, OR THAT NO ERROR, OMISSION, DELAY OR INTERRUPTION WILL EXIST THEREIN. NONE OF HSBC, SOLACTIVE OR THEIR SUPPLIERS MAKES ANY REPRESENTATION OR WARRANTY, AND EACH OF HSBC, SOLACTIVE AND THEIR SUPPLIERS EXPRESSLY DISCLAIMS ALL REPRESENTATIONS AND
WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THOSE REGARDING (I) MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE, AND (II) THE ADVISABILITY OF ANY PERSON INVESTING IN THE FIXED INDEXED ANNUITY.
No purchaser, seller or holder of the fixed indexed annuity, or any other person or entity, should use or refer to any AiGT Mark or other HSBC trade name to sponsor, endorse, market or promote the fixed indexed annuity without a license from HSBC. Under no circumstances may any person or entity claim any affiliation or association with HSBC or Solactive without the prior written permission of HSBC or Solactive.
In calculating the performance of the AiGT Index, HSBC deducts a servicing cost of 0.50% per annum, calculated on a daily basis. Such costs may vary over time with market conditions. These costs reduce the potential positive change in the AiGT Index and thus the amount of interest that will be credited to the fixed indexed annuity option based on the AiGT Index.
The volatility control applied by HSBC may reduce the potential positive or negative change in the AiGT Index and thus the amount of interest that will be credited to the fixed indexed annuity option that is based on the AiGT Index.
Nothing provided herein should be construed as HSBC, Solactive or any of their suppliers providing tax, legal, or investment advice nor are HSBC, Solactive or any of their suppliers recommending engaging in any investment strategy or transaction.’
Neither Barclays Bank PLC (‘BB PLC’’) nor any of its affiliates (collectively ‘Barclays’) is the issuer or producer of fixed index annuities and Barclays has no responsibilities, obligations or duties to policyholders in fixed index annuities. The Barclays Tactical Growth Index (the ‘Index’), together with any Barclays indices that are components of the Index, is a trademark owned by Barclays and, together with any component indices and index data, is licensed for use by Ibexis Life & Annuity Insurance Company® (“Ibexis”) as the issuer or producer fixed index annuities (the ‘Issuer’).
Barclays’ only relationship with the Issuer in respect of the Index is the licensing of the Index, which is administered, compiled and published by BB PLC in its role as the index sponsor (the ‘Index Sponsor’) without regard to the Issuer or the fixed index annuities or policyholders in the fixed index annuities. Additionally, Ibexis as issuer or producer of fixed index annuities may for itself execute transaction(s) with Barclays in or relating to the Index in connection with fixed index annuities. Policyholders acquire fixed index annuities from Ibexis and policyholders neither acquire any interest in the Index nor enter into any relationship of any kind whatsoever with Barclays upon making an investment in fixed index annuities. Fixed index annuities are not sponsored, endorsed, sold or promoted by Barclays and Barclays makes no representation regarding the advisability of the fixed index annuities or use of the Index or any data included therein. Barclays shall not be liable in any way to the Issuer, policyholders or to other third parties in respect of the use or accuracy of the Index or any data included therein.
The Nasdaq-100 Engle 10% Index (the “Index”) was developed by UBS AG, based in part on the Nasdaq-100 Total Return™ Index, which is owned and has been licensed by Nasdaq, Inc. to UBS AG for use in the Index. The Index applies a volatility control mechanism developed by UBS AG in collaboration with Engle Volatility Consulting LLC (“Engle Consulting”), the research principal of which is Robert F. Engle. UBS AG owns and is the current sponsor of the Index.
UBS AG and its affiliates (“UBS”) do not guarantee the accuracy and/or completeness of the Ibexis WealthDefender™ (the “Product”), the Product’s methodology, any data included therein, or any data from which it is based, and UBS shall have no liability for any errors, omissions, or interruptions therein. UBS does not make any warranty, express or implied, as to results to be obtained from any investment in the Product. UBS does not make any express or implied warranties, and it expressly disclaims all warranties of merchantability or fitness for a particular purpose with respect to the Product or any data included therein. Without limiting any of the foregoing, in no event shall UBS have any liability for any special, punitive, indirect, or consequential damages (including lost profits), even if notified of the possibility of such damages. UBS does not endorse, sell, or promote the Product. UBS has not published or approved this document and accepts no responsibility for its contents or use. A decision to invest in the Product should not be made in reliance on any of the statements set forth in this document. Prospective investors are advised to make an investment in the Product only after carefully considering the risks associated with investing in the Product, as detailed in the Certificate of Disclosure that is prepared by or on behalf of Ibexis Life & Annuity Insurance Company®, the issuer of the Product.
UBS WealthDefender™ has licensed or sublicensed certain marks and other data to Ibexis Life & Annuity Insurance Company® for use in Ibexis WealthDefender™ and the branding of the Product, but UBS is not involved in the calculation of the Product, the construction of the Product’s methodology or the creation, of the Product. UBS is not involved in the sale or offering of the Product, and UBS does not make any representations or warranties with respect to the Product or any investment in the Product. The rules of the Index may be amended by the third party index administrator in consultation with UBS as index sponsor, which may, in turn, consult with Engle Consulting. An amendment to the rules may result from, without limitation, a change to the construction or calculation rules for the Index or from the third party index administrator determining that a change to the rules is required or desirable in order to update them or to address an error, omission or ambiguity. No assurance can be given that any such amendment would not affect parties to this document. Nasdaq may, at its sole discretion, alter the components of the Nasdaq-100 Total Return™ Index and the calculation of the Nasdaq-100 Total Return™ Index. UBS is not responsible or liable for any changes to the Nasdaq-100 Total Return™ Index and is not involved in the calculation, creation, or maintenance of the Nasdaq-100 Total Return™ Index.
While volatility controls may result in less fluctuation in rates of return as compared to indices without volatility controls, they may also reduce the overall rate of return as compared to products not subject to volatility controls. Engle Consulting is not an investment adviser, does not guarantee the accuracy and completeness of the Index or the Product or any data or methodology either included therein or upon which it is based. Neither the Index nor the Product is sponsored, endorsed, sold or promoted by Engle Consulting or Robert F. Engle. Engle Consulting and Robert F. Engle do not make any representation or warranty, express or implied, to any financial institution, investor of or counterparties to the Index or the Product or to any member of the public regarding the Product or the advisability of investing in securities generally or in the index or the product particularly. Neither Engle Consulting nor Robert F. Engle or any of their respective partners, employees, subcontractors, agents, suppliers, vendors, heirs successors and assigns (collectively, the “Protected Parties”) shall have any liability for any errors, omissions or interruptions in the Index or the Product and make no warranties expressed or implied, as to the performance or results experienced by any party from the use of any information included therein or upon which it is based, and expressly disclaim all warranties of merchantability or fitness for a particular purpose with respect thereto, and shall not be liable for any claims or losses of any nature in connection with the Index or the Product or the use of such information, including but not limited to, lost profits or punitive, indirect or consequential damages even if Engle Consulting, Robert F. Engle or any Protected Party is advised of the possibility of such damages.
Nasdaq®, Nasdaq-100®, Nasdaq-100 Index®, NDX®, Nasdaq-100 Total Return™, or XNDX™ are trademarks of Nasdaq, Inc. (which with its affiliates is referred to as the “Corporations”) and are licensed or sublicensed for use by UBS AG and Ibexis Life & Annuity Insurance Company®. The Product(s) have not been passed on by the Corporations as to their legality or suitability. The Product(s) are not issued, endorsed, sold, or promoted by the Corporations. THE CORPORATIONS MAKE NO WARRANTIES AND BEAR NO LIABILITY WITH RESPECT TO THE PRODUCT.
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