For producer use only.
Not for use with the general public.
Product Guide
LIFE PROTECTION
ADVANTAGE
SM
IUL
391803_0723
LIFE
INSURANCE
2
1
The amount that may be available through loans and withdrawals, as defined in the contract.
Protection That’s Guaranteed
Life Protection Advantage is designed for clients who:
• Want to lock-in a death benefit that is guaranteed for a meaningful number of years, but not at
the higher cost typically associated with a fully-guaranteed universal life policy
• Understand the additional years of death benefit protection they need beyond the no-lapse
protection period may be extended on a non-guaranteed basis
• Want the potential for greater growth than a traditional fixed interest universal life policy can
typically offer, and are comfortable with their interest rate being based on the performance of
a market index
• Desire a policy with flexibility for the future – with features such as a Guaranteed Refund Option
which provides qualifying clients with flexibility for the future, Accelerated Death Benefit Riders
which allow clients the opportunity to access a portion of their death benefit early for terminal
or chronic illness, and a cash value that can be accessed via loans and withdrawals
You will experience many milestones in your life. Your clients wouldn’t want to
miss any of them. But if they can no longer share them with their family, they
want their family to have the financial protection that will help them carry on with
their lives.
The death benefit from a Life Protection Advantage indexed universal life (IUL)
insurance policy is paid directly to beneficiaries. It can help the insured provide
for his or her loved ones and maintain their standard of living – even if the
insured is no longer around.
Life Protection Advantage also has the potential to build cash value.
1
This can
be used to help make the client’s life insurance coverage last beyond the no-
lapse protection period, supplement retirement income or an education fund, or
provide money for emergencies.
Celebrate all of lifes moments.
3
100 —
95 —
90 —
85 —
80 —
75 —
70 —
65 —
Life Expectancy Compared
to the Long-Term No-Lapse Protection Period
0 10 20 30 40 50 60 70 80 85
Insured’s Issue Age
Insured’s Age
Male Life Expectancy
Female Life Expectancy
Long-Term No-Lapse Protection Period
2
When clients are looking for death benefit protection,
they want a policy that can last a lifetime. But, a fully-
guaranteed policy can be expensive. With Life Protection
Advantage, when the client pays the long-term no-lapse
protection premium, they receive a meaningful guarantee
period at a competitive price.
For most clients who are age 60 and under at issue and
are of average health, the no-lapse protection period will
last up to – or even beyond – their life expectancy. (Source:
Social Security Administration, Estimates from the 2016
Trustees Report.)
A Meaningful No-Lapse Protection Period
If the insured outlives their life expectancy, the death
benefit can extend beyond the no-lapse protection period
as long as the policy’s surrender value is sufficient to
cover the monthly deductions.
2
For insureds issue ages 80 and above, a guarantee to age 90 is provided by paying the short-term no-lapse protection premium.
4
How Index Interest
Crediting Works
The accumulation value of a Life Protection Advantage
IUL policy is important because it can help extend the
death benefit beyond the no-lapse protection period. The
accumulation value may earn interest at a rate that is
calculated based on the performance of a market index. This
section will help you learn more about how Life Protection
Advantage’s index interest crediting feature works.
Calculating the Index Interest Rate:
Life Protection Advantage IUL uses one of the most
straightforward index crediting methods in the industry
– annual point-to-point. This crediting method calculates
the index interest rate by comparing the index value on the
date a segment is created to the value one year later when
the segment matures. The participation rate and the cap
are then applied to determine the index interest rate to be
credited to the funds currently in that segment.
Although the index interest rate is based on the
performance of the chosen index , the accumulation value
is not actually invested in the stock market. The index
performance is only used in the calculation of the interest
credited to the policy.
What is a segment?
A segment is a portion of an index account that may be credited interest based upon the performance
of the chosen index.
New segments are created on the 10th of each month. A policy may contain up to 12 segments per
index interest crediting strategy. Each segment ends or matures, one year after it begins.
Step 1:
Calculate
the Annual
Index Change
Percentage
(Ending Value of Index –
Beginning Value of Index)
÷ Beginning Value of Index
Step 2:
Multiply the Index
Change by the
Participation Rate
Result of Step 1
x
Participation Rate
Step 3:
Apply the Cap
and Floor
If the result of Step 2 is:
- Greater than 0% and less
than the Cap Rate, the index
interest rate credited to that
segment will be equal to the
result of Step 2
- Greater than or equal to the
Cap Rate, the index interest
rate credited to that segment
will be equal to the Cap Rate
- Less than or equal to 0%,
no index interest will be
credited to that segment;
the client is protected from
market loss by the guaranteed
minimum floor rate of 0%
5
Choosing a Crediting Strategy
Clients have the ability to choose from four crediting
strategies, as well as a fixed account. This allows them
to tailor their policy based on how they believe the index
will perform. Clients can choose to allocate all of their
accumulation value to a single crediting strategy or among
multiple crediting strategies.
The caps and participation rates for each strategy are
typically dependent upon the economic environment, but
will never drop below the guaranteed minimum levels as
specified in their contract. Participation rates and caps can
change as often as monthly.
The four index interest crediting strategies include:
• 100% participation rate
• Higher participation rate (>100%) with lower cap
• Lower participation rate (<100%) with no cap
It’s important for clients to understand that even if the market
falls and the index change is negative, the client will be
credited no less than 0% for that segment.
Which Crediting Strategy is Right for My Client?
While these suggestions are by no means definitive, here are a few broad guidelines about which clients might
be best for each crediting strategy:
S&P 500® One-Year 100% Participation – clients who believe the index will perform at an average or slightly
above average rate might be more suited to select this strategy
S&P 500® One-Year High Participation – clients who believe the index will perform below the cap or below
the index average might be more suited for this strategy
S&P 500® One-Year Uncapped – clients who believe the market will outperform the cap might be more
suited for this strategy
BofA U.S. Agility Index: One-Year Uncapped - those who desire a more consistent performance in different
market environments may prefer this strategy
Fixed account – clients who may not be comfortable with allocating all of their accumulation value to an
index interest crediting strategy
6
3
The GRO rider is not available for clients over age 60 (regardless of risk class), for substandard or tobacco cases under age 50 or for substandard tables 5-16 at ages 50 and above.
In order to remain eligible for the rider, the client must continue to make their required premium payments as defined in the rider. Refund is limited to 80% of the policy’s lowest
specified amount and is reduced by any previous withdrawals and outstanding loans.
4
The amount that may be available through loans and withdrawals, as defined in the contract.
5
For federal income tax purposes, tax-free income assumes (1) withdrawals do not exceed tax basis (generally, premiums paid less prior withdrawals); and (2) the policy does not
become a modified endowment contract. See IRC §72, 7702(f)(7)(B), 7702A.
6
Any policy withdrawals, loans and loan interest will reduce policy values and benefits.
Life Insurance Protection –
and More!
The reason a client purchases a life insurance policy is
primarily for the death benefit. A Life Protection Advantage
IUL policy comes with the following benefits the client can
take advantage of while they are still alive:
A Premium Refund Option
Qualifying LIfe Protection Advantage IUL policies come
with a Guaranteed Refund Option (GRO) rider at no
additional cost. The GRO rider provides seven 60-day
windows within which policyowners can surrender their
policy and receive their paid premiums back – up to 50%
at the end of year 15 and up to 100% at the end of years
20, 21, 22, 23, 24 and 25.
3
This rider provides clients with flexibility for the future if
they no longer need their life insurance coverage or if their
coverage needs change.
Early Access to the Death Benefit
Terminal and Chronic Illness Riders are issued with
the policy at no additional cost and with no additional
underwriting. Clients also have the option to purchase a
Long-Term Care rider. These riders give clients an option to
access a portion of their death benefit early. This money can
provide a little more comfort during a difficult time or can be
used to help cover the costs of long-term care.
Access to the Policy’s Cash Value
4
With a Life Protection Advantage IUL policy, clients can
access their cash value. This can help with a child’s college
tuition expenses, to help supplement retirement income,
or to pay for emergency expenses. Whatever the reason
may be, the policyowner can access the policy’s cash value
through income-tax-free loans and withdrawals.
5,6
7
Policy Form Number ICC17L152P (or state equivalent); Unisex: ICC17L153P (or state equivalent)
Issue Ages and
Underwriting Risk
Classes
Remember, we use
Age Last Birthday!
0-17: Standard (nontobacco) only
18-80: Preferred Plus (nontobacco)
Preferred (nontobacco and tobacco)
Standard Plus (nontobacco)
Standard (nontobacco and tobacco)
81-85: Standard (nontobacco and tobacco) only
Policies can be backdated up to six months to save age.
Table Ratings Tables 1 (A) to 16 (P)
Minimum Initial
Death Benefit
$100,000
Life Insurance
Qualification Test
Cash Value Accumulation Test (CVAT)
Death Benefit Options Two options are available to the policyowner:
Option 1: (Level) The specified amount of insurance in effect on the insured’s date of death
Option 2: (Increasing) The specified amount of insurance in effect on the insured’s date of
death plus the accumulation value on that date
The death benefit may be increased with either Option 1 or Option 2 in order to qualify as
life insurance under the Internal Revenue Code of 1986, as amended.
Premiums Premiums are flexible and the planned premium may be changed beginning in year two.
Additional premium payments are allowed at any time, subject to tax law restrictions.
No-Lapse Protection
We allow clients to
catch-up and restore
their long-term guarantee
at any point during the
short-term no-lapse
protection period as
long as the policy
hasn’t lapsed!
Long-Term: By paying the long-term no-lapse protection premium, the death benefit will be
guaranteed until the insured’s age 90. The long-term no-lapse protection premium level is
only available for insureds up to issue age 79.
Short-Term: This is the minimum initial premium. By paying the short-term no-lapse
protection premium, the death benefit will be guaranteed as follows (based on the client’s
issue age):
0-79: 10 years
80-85: To age 90
After the no-lapse protection period, the policy can continue on a non-guaranteed basis
for the client’s lifetime. How long the death benefit protection lasts beyond the no-lapse
protection period is based on the amount and timing of the premium payments, the
amount of interest credited to the policy, and the policy charges.
Policy Overview
8
Accumulation Value This policy may build an accumulation value that earns interest based on the performance
of crediting strategies that are linked to the chosen index and a fixed account.
Index Interest
Crediting Strategies
Four index interest crediting strategies are available. All strategies use the annual point-
to-point crediting method and all are based on the performance of the chosen index. The
participation rates and caps are declared monthly and can be found on the Life product
page on our Sales Professional Access website. The minimum index interest crediting rate
(the floor) for all four strategies is 0%.
• S&P 500® One-Year 100% Participation
• S&P 500® One-Year High Participation
• S&P 500® One-Year Uncapped
• BofA U.S. Agility Index: One-Year Uncapped
Index segments are created on the 10th of a policy month and mature after one year.
Fixed Account
Interest Rate
The fixed account will be credited at our currently declared crediting rate. The minimum
guaranteed fixed account crediting rate is 2%.
Cash Value The amount that may be available through loans or withdrawals, as defined in the contract.
Loans The policyowner may take a loan at any time, as long as the cash value is positive. The
minimum loan amount is $100.
Two types of loans are available: standard and index loans. If the policyowner does not
specify the type of loan option and does not currently have an outstanding loan, the
request will be processed as a standard loan.
Only one type of loan is available at a time. If the policy has an existing loan, the new loan
must be the same type of loan option as the existing loan.
Standard Loan Option
• Policy years 1-9: Charge 4% (in arrears); Credit 2%
• Policy years 10+: Charge 2% (in arrears); Credit 2%
Index Loan Option
Charge: An interest rate determined by the company, not to exceed 6% (in arrears)
Credit: Policy loan interest will be credited at the index interest crediting rates that apply
to the index interest crediting strategies the policyowner has chosen
Partial Withdrawals Partial withdrawals are available from the surrender value after the first policy anniversary.
The minimum withdrawal is $100. Withdrawals may not exceed 90% of the surrender value
during the first 14 years and 100% of the surrender value thereafter; minus the sum of the
next three monthly deductions.
No index credit will be given if funds are withdrawn from a segment before the segment
maturity date.
Surrender Value: The amount the policyowner will receive if they surrender their policy
before the policy maturity date. The surrender value equals the accumulation value,
minus any surrender charges and loans.
9
Fees and Charges Monthly Deductions: A monthly deduction is taken from the accumulation value. The
monthly deduction includes:
Monthly expense charge:
Current: $5, plus a monthly charge per $1,000 of Specified Amount
Guaranteed (maximum): $10, plus a monthly charge per $1,000 of Specified Amount
• Cost of insurance for the current month
• Cost of riders for the current month
Premium Charges: A premium charge is applied to each premium made under the policy.
Current: 4% of premium up to the Target Premium in each policy year; 7.5% of premium in
excess of the Target Premium in each policy year.
Guaranteed (maximum): 10% of each premium payment
Surrender Charges: Surrender charges will be deducted from the accumulation value if the
policy is surrendered during the first 14 policy years. Surrender charges are based on the
insured’s issue age, gender, risk class and the length of time the policy has been in force.
Policy Exclusions and
Limitations
The death benefit will not be paid if the insured’s death results from suicide, while sane
or insane, within two years from the date of issue. Instead, we will pay the sum of the
premiums paid since issue, less any loan and loan interest due and any withdrawals.
Exclusions and limitations may vary by state.
Policy Maturity Age The policy will mature at age 120. Upon maturity, if the insured is still living, the surrender
value will be paid.
Future Policy Changes
Increases to the Specified Amount
Increases can be applied for at any time up to the
insured’s attained age 90. The minimum increase allowed
is $1,000 and proof of insurability will be required.
Decreases to the Specified Amount
Decreases greater than 50% of the initial face amount
will not be allowed within the first three policy years.
At no time can the specified face amount be less than
$50,000. A decrease in the specified amount will be
subject to a surrender charge during policy years when
surrender charges apply.
Death Benefit Option Changes
The policyowner may change the Death Benefit Option
once each policy year after the first year. No additional
changes may be made after the insured reaches attained
age 90. Changing the death benefit option will not change
the amount of the death benefit; however, the specified
amount will be adjusted. The death benefit may be
increased with either Option 1 or Option 2 in order to
qualify as life insurance under the Internal Revenue Code
of 1986, as amended.
Index Interest Crediting Strategies
The policyowner can change the allocation percentages,
as well as the index interest crediting strategies, for
future premiums. The crediting strategy can be changed
as often as monthly for new money. For money already
submitted, amounts can be moved once an existing
segment matures.
The policyowner can also transfer between the fixed and
index account:
Transfers from the fixed account to the index account
are processed on the next allocation date
Transfers from the index account to the fixed account
will be processed on the next segment maturity date
Conducting a Policy Review
It is important to meet with your clients regularly.
Here are two things you can do to help set yourself
up for successful follow-up conversations on an IUL
policy:
1 | Let your clients know in advance that you will be
scheduling follow-ups to review how their policy
has performed and to ensure their policy is still
meeting their needs. You will find that it is much
easier to make small adjustments over time, if
necessary. The home office can assist with these
policy reviews by running in-force illustrations.
2 | Discuss the annual statement. For life insurance
policies, annual statements are created the day prior
to the anniversary date. On an IUL, index interest is
not credited until the segment matures, which will
occur after the anniversary date. This means your
client will not have any index interest credits on their
first statement. Let your clients know this up-front so
they are prepared for what they will see on their first
statement. After the anniversary date, your client can
log on to the Customer Access Center or can contact
the home office to find out their index interest credit.
10
11
Automatically Included with the Policy:
Rider Availability Description
Accelerated Death
Benefit for Terminal
and Chronic Illness
Riders
(ICC13L098R and
ICC13L099R or state
equivalent)
Available at issue
on all policies
If the client applies
for the Long-Term
Care Rider and
is approved, the
Chronic Illness
Rider will not be
issued
This rider provides an accelerated death benefit in the event of
terminal or chronic illness.
Terminal Illness Rider: Provides an accelerated death benefit if the
insured provides evidence that their life expectancy is 12 months
or less. The requested benefit amount may not exceed the lesser of
$1,000,000 or 80% of the specified amount.
Chronic Illness Rider: Provides an accelerated death benefit if the
insured is unable to perform 2 of 6 Activities of Daily Living (ADLs)
for 90 consecutive days or requires substantial supervision to protect
himself or herself from threats to health and safety due to severe
cognitive impairment. The requested benefit amount may not exceed
the lesser of $1,000,000 or 80% of the specified amount at the time
of the first accelerated death benefit payment request.
The definitions of chronic or terminal illness may vary by state.
In California the requested benefit amount may not exceed the lesser
of $500,000 or 80% of the specified amount at the time of the first
accelerated death benefit payment request.
Guaranteed Refund
Option Rider
(Enhanced Surrender
Value Rider –
ICC14L125R, or state
equivalent)
Automatically
included for
qualifying policies
with issue ages
0-59 (Not available
for substandard
or tobacco cases
under age 50, or for
substandard tables
5-16 at ages 50 and
above)
This rider provides a refund of some or all premiums paid upon a full
surrender of the policy during a 60-day period following the 15th
and 20th through 25th policy anniversary.
• Year 15 = 50% of the accumulated premium paid
Years 20, 21, 22, 23, 24 and 25 = 100% of the accumulated
premium paid
The refund of premiums paid will not exceed 80% of the specified
amount and if exercised, the policyowner must surrender the
policy. The refund of premiums is not available for loans or partial
withdrawals.
Although this rider is included with all qualifying policies, minimum
premium requirements must be met to keep the rider in force.
If not exercised, the rider terminates at the end of the 60-day period
following the 25th policy anniversary.
Lapse Guard®
Rider
(C507LNA08R or state
equivalent)
Automatically
attached to all
policies with issue
ages 0-75
The Lapse Guard rider is specifically designed to prevent policies
from lapsing that have been over-funded and have had level
disbursements taken for an extended period of time in retirement.
Because exercise of this rider keeps the policy from lapsing, no policy
loans will become taxable as income under current tax law. When
the Lapse Guard rider is exercised, the accumulation value is reduced
by 3%.
Riders and Provisions
12
Optional Riders Available for Purchase:
Rider Availability Description
Long-Term Care (LTC)
Rider
(ICC17L166R or state
equivalent)
Refer to the LTC
Rider Information &
Underwriting Guide for
complete details.
Available to issue
ages 30-79
The insured must
be a Table 4 or
better and have no
flat extra ratings
on their base life
insurance policy to
be eligible for LTC
Rider coverage
This rider allows the policyowner to access all or a portion of
the death benefit early to be reimbursed for covered long-term care
services.
Selecting the LTC Rider Coverage Amount
When the client applies for the rider, he or she will choose:
The LTC rider benefit limit
The minimum is $150,000 for the 1% option and $100,000 for the
2% and 4% options (may vary by state). The maximum is the initial
specified amount of life insurance coverage (capped at $2 million
for the 1% and 2% options, and $1.25 million for the 4% option)
The monthly acceleration percentage
The client can choose either 1, 2 or 4% of the maximum LTC rider
benefit amount
The maximum monthly benefit is equal to the LTC rider benefit limit
multiplied by the monthly acceleration percentage.
The LTC rider will be underwritten separate from the life insurance
policy. Rider COI charges are based on the insured’s age, gender,
LTC rider benefit limit, acceleration percentage and LTC underwriting
class. Once the policy is issued, the LTC Rider COI charges are
guaranteed not to increase over the life of the policy.
Receiving LTC Rider Benefits
The policyowner can request LTC rider benefit payments if the
insured is unable to perform 2 of 6 Activities of Daily Living (ADLs)
for 90 days or requires substantial supervision due to cognitive
impairment.
Once the eligibility requirements of the rider are met, the
policyowner will be reimbursed for covered long-term care expenses.
This includes services such as nursing home, assisted living facility,
home health care, adult day care, bed reservation, and certain stay-
at-home benefits.
Rider Taxation
This rider is intended to be a tax-qualified long-term care insurance
rider under Section 7702B(b) of the Internal Revenue Code, as
amended. This means that we have designed this rider, to the best
of our knowledge, to meet certain criteria that qualify it for favorable
federal income tax treatment. However, we do not warrant that
this rider will always have tax-qualified status. Tax-qualification is a
matter of federal law and is not guaranteed.
13
Optional Riders Available for Purchase:
7
Rider Availability Description
Guaranteed
Insurability Rider
(ICC08L006R or state
equivalent)
Available to issue
ages 18-45 with
renewal ages 19-49
This rider provides the insured the option to periodically increase
the specified amount without additional underwriting. Only one
specified amount increase is allowed each year.
The increase in the specified amount may be elected 90 days
following:
(a) marriage of the insured; (b) the birth of the insured’s child;
(c) the adoption of a child by the insured; and (d) the third policy
anniversary and every three years thereafter until the rider expires.
The ability to increase the specified amount under item (d) will
terminate if a specified amount increase is not exercised for five
consecutive years. No increase will be allowed under this rider if the
increase would cause the current specified amount to exceed 200%
of the initial specified amount or $1,000,000 (whichever is less).
A change in specified amount may result in the loss of the no-lapse
protection.
Accidental Death
Benefit Rider
(2144L-0989 or state
equivalent)
Available to issue
ages 18-60 with
renewal ages 19-64
This rider provides an additional death benefit amount in the event of
death due to a covered accident.
The minimum amount is $10,000 and the maximum amounts are the
lesser of:
$100,000 for issue ages 18-25; $250,000 for issue ages
26-60; OR,
• Two times the specified amount
Disability Waiver of
Policy Charges Rider
8
(423L-0982 or state
equivalent)
Available to issue
ages 18-55 with
renewal ages 19-59
If the insured becomes disabled before the policy anniversary
following the insured’s 60th birthday and the disability continues
for at least six months, this rider will waive the monthly deduction
amount (cost of insurance charges and expense charges) while the
disability continues, even if the disability extends beyond age 60.
Disability Continuation
of Planned Premium
Rider
8
(ICC13L100R or state
equivalent)
Available to issue
ages 18-55 with
renewal ages 19-64
If the insured becomes disabled before the policy anniversary
following the insured’s 65th birthday and disability continues for
at least six months, this rider will contribute a specified monthly
amount of premium to the policy while the disability continues, even
if the disability extends beyond age 65.
Dependent Children’s
Rider
(ICC08L007R or state
equivalent)
Available when the
primary insured is
between issue ages
18-55
This rider is available for the insured’s dependent children ages
15 days through age 20. It provides coverage until each covered
child’s 23rd birthday or the date the insured reaches attained age 65.
The maximum coverage amount is $10,000 per child.
Additional Insured
Term Rider
(ICC16L158R-Self,
ICC16L159R-Other or
state equivalent)
Available to issue
ages 0-80 for the
primary insured;
issue ages 18-80
for others
This term insurance rider provides an additional death benefit on the
primary insured or up to four other additional insureds for as long as
the base policy remains in force, the insured reaches age 100 or the
other additional insured reaches age 100, whichever occurs first.
The minimum face amount is $25,000 and the maximum is two times
the base face amount. Rider charges are deducted from the policy
accumulation value when due. Not available with base policies rated
about 300% (Table 8).
7
These riders are not available on Unisex policies except in MT. Riders are subject to state approval.
8
Only one Disability rider may be added to each policy.
14
Notes:
15
Notes:
Why Mutual of Omaha
Over 50 years of Mutual of Omaha’s Wild Kingdom taught us that the animal
kingdom and the human kingdom have something in common … an instinct to
protect what matters most. Through insurance and financial products, we help
people protect their lives, protect their families, protect their kingdoms.
MutualofOmaha.com
Product base plans, provisions, features and riders may not be available in all states and may vary by state.
Life Protection Advantage Sex Distinct Policy Form: ICC17L152P or state equivalent.
Life Protection Advantage Unisex Policy Form: ICC17L153P or state equivalent.
The S&P 500 Index is a product of S&P Dow Jones Indices LLC (SPDJI”), and has been licensed for use by United of Omaha Life Insurance Company (United
of Omaha). S&P® and S&P 500® are registered trademarks of Standard & Poors Financial Services LLC (“S&P); Dow Jones® is a registered trademark of Dow
Jones Trademark Holdings LLC (“Dow Jones”); and these trademarks have been licensed for use by SPDJI and sublicensed for certain purposes by United of
Omaha. United of Omaha’s Life Protection Advantage
SM
IUL is not sponsored, endorsed, sold or promoted by SPDJI, Dow Jones, S&P, 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 Index.
BofA Securities Inc. and its affiliates (“BofAS”), BofA U.S. Agility Index (the “Index) and related information, the name “BofAS”, and related trademarks,
are intellectual property of BofAS, licensed from BofAS to Mutual of Omaha Insurance Company and United of Omaha Life Insurance Company (collectively,
the “Licensee”). Neither the Licensee nor any fixed index annuity, indexed universal life insurance product or any other annuity product (collectively, the
“Product) referencing the Index is sponsored, operated, endorsed, sold or promoted by BofAS. Obligations to make payments under any Product are solely
the obligation of Licensee pursuant to the term of the contract between Licensee and you, and are not the responsibility of BofAS. BofAS, the Index and
related information, the names of BofAS and its affiliates, and related trademarks may not be copied, used, or distributed without BofAS’s prior written
approval. The Products have not been passed on as to their legality or suitability, and are not regulated, issued, endorsed, sold, guaranteed, or promoted by
BofAS. BofAS’s only relationship to Licensee is the licensing (or sub-licensing) of certain trademarks and trade names and the Index or components thereof
and BofAS is not party to any transaction contemplated herein. While volatility controls may result in less fluctuation in rates of return as compared to
products or indices without volatility controls, they may also reduce the overall rate of return as compared to products or indices not subject to volatility
controls. BOFAS MAKES NO WARRANTIES AND BEARS NO LIABILITY WITH RESPECT TO THE INDEX, ANY RELATED INFORMATION, THE TRADEMARKS, OR
THE PRODUCT(S) (INCLUDING WITHOUT LIMITATION, THEIR QUALITY, ACCURACY, SUITABILITY AND/OR COMPLETENESS).