TERMS OF USE AND ONLINE SERVICES AGREEMENT

Last Revised: July 1, 2024

Introduction

This Terms of Use and Services Agreement (the “Terms of Use”) governs your access to and use of: (i) inlifeterms.com; (ii) any other website or mobile application that includes a link to these Terms of Use or where these Terms of Use appear (collectively, the “Website”); and (iii) the Content (as defined below). These Terms of Use govern any interaction with us online, whether through the Website, a mobile application, and/or your use of any of the Services (collectively, the “Services”) that are available through the Website.

For purposes of these Terms of Use, the terms “inLifeTerms.com,” the “Company,” “we,” “us,” or “our” refers to all of its parents, subsidiaries and affiliates, including those of its parent, DealerDealer, LLC.

PLEASE READ THESE TERMS OF USE CAREFULLY. IF YOU ACCESS THE WEBSITE OR THE CONTENT, YOU ARE AGREEING TO THESE TERMS OF USE. IF YOU DO NOT AGREE WITH THESE TERMS OF USE, YOU MAY NOT ACCESS OR USE THE WEBSITE, CONTENT, OR SERVICES. WE RESERVE THE RIGHT TO MAKE CHANGES TO THESE TERMS OF USE AT ANY TIME BY POSTING AN UPDATED VERSION AT THE WEBSITE. WE WILL INDICATE THAT CHANGES TO THESE TERMS OF USE HAVE BEEN MADE BY UPDATING THE “LAST REVISED” DATE SET FORTH ABOVE. ALL CHANGES WILL BE EFFECTIVE UPON POSTING UNLESS OTHERWISE STATED. YOU SHOULD PERIODICALLY VISIT THESE TERMS OF USE TO REVIEW THE MOST CURRENT TERMS OF USE. YOUR CONTINUED USE OF THE WEBSITE AND SERVICES FOLLOWING CHANGES TO THESE TERMS OF USE CONSTITUTES YOUR ACCEPTANCE OF SUCH CHANGES.

Use of Services

Generally, the use of Services will not require you to register at the Website or log-on with a user name and password. However, the Company may, from time to time, introduce new features or eliminate features to the Services by updating the Website, which may alter this behavior. Your use of the Services is subject to applicable laws and: • any additional terms or guidelines that appear on your screen during use of the Services; the Consent to do Business Electronically for Online Transactions (“Consent”); and • Product Agreement with us (collectively, “Account Policies’).

We may terminate your access to the Services if you violate these Terms of Use or Account Policies. The Services will not be available to you if you have not agreed to the Consent, or if you have revoked your consent. If you have a product that allows you to individually elect to participate in electronic delivery, you may elect to do so by accessing the Services and agreeing to specific terms that may be applicable to that product. 

Privacy

Please review our Privacy Policy, which also governs your access to the Website and use of the Services.

Licenses and Permissions

Services and/or recommendations via this Website are exclusively for residents of or individuals physically located in the states of Florida, Georgia, New Mexico, North Carolina, Pennsylvania, South Carolina, or Texas.  Cynthia Yates—Florida license #W976722; Georgia license #3184519; New Mexico #18696837, North Carolina #18696837; Pennsylvania #1154014, South Carolina #18696837, Texas #3203472—is a field underwriter who maintains producer relationships with carriers whose logos may or may not appear on the Website. A Field Underwriter or Producer has the contractual right to act as agent for the carrier and may submit applications for insurance on your behalf. Your request for Services on the Website does not grant the Company the authority to submit an application to any carrier on your behalf. Your permission shall be expressly requested should you decide to submit an application to the carrier.

Requests for Services and/or recommendations in other states will be referred to licensed agents in the requestor’s state when and where available. The Company makes no representation or guarantee that a licensed agent will be available in a requestor’s state outside of Georgia. The Company is solely and exclusively responsible for the Content and/or Services on the Website. A logo, trademark, service mark or other identifying icon of any carrier on the Website shall not be construed as an endorsement, approval, permission, sponsorship, or authorization by any carrier of the Website’s Content and/or Services. 

Transactions

A request for Services on the Website shall not be equated to nor misconstrued to be an application for insurance.  Applications for insurance must be submitted directly to the carriers for approval. The request for Services are intended for pre-qualification with a carrier that might best suit your coverage needs, and to provide a premium quote that is illustrative of the coverage you may receive. No premium quote can be guaranteed until your application is submitted and approved by a carrier. Your approval is required to submit an application to a carrier. Your request for a premium quote does not grant the Company permission to submit your application to any carrier.

We may refuse to honor any transaction initiated via our Service that is not in accordance with these Terms of Use or any Account Policy, or that we have reason to believe may not be authorized or involves improper use of the Services. In addition, we may refuse to honor any Services transaction for our or your protection. We are not responsible for the failure of any Services, or any transaction initiated using the Services, due to system maintenance or circumstances beyond our control (such as power outage, computer virus, system failure, fire, flood, earthquake or extreme weather).

No Representation as to Suitability; No Investment Advice

Nothing on this Website or in any of the Content (including the results of any calculators) should be construed as rendering tax, legal, investment, or accounting advice. The posting of any prospectus, disclosure memorandum, customer disclosure document, or any other Content on this Website (including the results of any online calculators) is solely for convenience and informational purposes and should not be interpreted as a recommendation or opinion that you should make any purchase or sale or participate in any transaction. We make no representation as to the financial investment or suitability of any product described on this Website for any user. All such information is general in nature and does not consider your personal financial situation, nor constitute an endorsement or recommendation for any investment program, service or other product, or the suitability of it for you.

In order to evaluate whether a particular product is suitable for your financial needs, you should contact a qualified financial professional. Nothing on this Website constitutes an offer to sell or a solicitation to buy any security or any insurance product. All insurance or securities transactions require signed agreements between you and a carrier, and the terms of those agreements are binding on the parties.

Services Profile

You agree to provide us true, accurate, current and complete information about yourself as requested in connection with use of the Services, including your email address, phone number and other contact information (“Profile Information”). You are permitted to request Services and/or enter Profile Information on behalf of another person with their authorization. You are responsible for your compliance with all applicable agreements, powers of attorney, authorizations, and security of personal information submitted when requesting information on behalf of another person. The Company disclaims any responsibility or ability to verify your authorization to request information on behalf of another person.

To the extent necessary to carry out your instructions with respect to the Service, you authorize us to send email, text, and/or other electronic communications to other persons on your behalf. Email, text and/or other electronic communication sent to others pursuant to your instructions and on your behalf may identify you by name and may state that we are sending such communication on your behalf and according to your instructions. By using the Services you consent to us sending email and text messages to any email address or phone number you have provided to us.

In addition, we may use your Profile Information (including email address) for notifications related to your account or use of the Services and as set forth in the Privacy Policy. We may require certain email or other communications to be conducted through secure or encrypted email. We will never ask you to send personal information such as account or Social Security numbers via the Website or non-secure email. Further, you agree that you will not use the Website to transmit such personal information, including but not limited to credit information (including credit card numbers), or for any other financial transactions that require formal authorization in accordance with applicable law or our policies and procedures. We will not accept or process any requests or instructions submitted to the Website by non-secure email and are not responsible for any act or failure to act as a result of any such non-secure email communication to the Website. We are not responsible for any loss or damage that result from any unauthorized access to, or use by third parties, of any information you transmit to the Website via non-secure email.

Proprietary Nature of Website and Content

The material and content accessible on or generated by this Website including (without limitation), applications, calculators, software, text, articles, reports, audio and video files, images, trademarks, service marks, logos, and icons (the “Content”) is owned or licensed by the Company and protected by copyright and other laws in the United States. Subject to your compliance with these Terms of Use, the Company grants you a limited, personal, nontransferable, nonsublicensable, revocable license to access and make non-commercial (excepted as permitted in the following sentence) use of the Website, the Content and the Services only in the manner approved by the Company. Neither the Website nor the Content may be used for any commercial purpose or be framed, copied, reproduced, performed, displayed, distributed, republished, uploaded, posted, scraped, spidered, or transmitted in any way, without our prior written consent, which may be withheld in our sole discretion, except that you may print out or electronically save a copy of the Content, these Terms of Use and the Privacy Policy for your personal use and records. In doing so, you may not remove or alter any copyright, trademark, service mark, or any other proprietary notice or legend or regulatory disclosure appearing on any of the Content. Modification or use of the Website or Content except as expressly provided in these Terms of Use violates the intellectual property rights of the Company and/or its licensors. Except for the limited license granted above, the Company does not convey any interest in or to the Website or Content by permitting you to access the Website. All rights not expressly granted to you in these Terms of Use are reserved and retained by the Company or its licensors.

Third Party Sites and Hyperlinks

We may provide hyperlinks to third party sites (“Third Party Sites”). Third Party Sites are not maintained by, related to, sponsored by or affiliated with us and are provided solely as a service and convenience to you. Third Party Sites are to be accessed at your own risk, and we make no representations or warranties about the content, completeness, accuracy or security of Third Party Sites.

Viruses

There is always the possibility of unknowingly acquiring computer viruses or other malicious code (“Viruses”) through use of the Internet or Third-Party Sites or applications. It is your responsibility to scan any and all downloaded materials received from the Internet, Third Party Sites or applications. We are not responsible or liable for any damage caused by Viruses or related hazards, whether or not that Virus or related hazard resulted from use of the Site or Online Services. You, and not the Company, assume the entire cost of all necessary servicing, repair, or correction related to Viruses.

U.S.-Based Website and Services; Availability of Products

This Website is based and controlled by us from within the United States. The products referred to on this Website are generally offered and sold only to persons in the United States and its territories. Additionally, some products may not be available in all jurisdictions and/or may be subject to eligibility requirements. No security, advisory, or insurance product or service is offered or will be sold in any jurisdiction in which such offer or sale would be unlawful under the securities, advisory, insurance, or other laws of such jurisdiction. Product, services or advisory fees and other charges identified on the Website are provided for general information purposes only and are subject to change. You should consult the prospectus, policy, certificate, account or plan documents or a qualified financial professional for information regarding the products, fees, programs and services that may be available to you. Access to the Content or Services from jurisdictions where such access is illegal is prohibited. You are responsible for your compliance with all applicable laws and you may not use or export the materials in this Website in violation of U.S. export laws and regulations, or the laws of your local jurisdiction. By downloading Content or using Services, you warrant that you are not in a country where such export is prohibited, that you are not a person or entity to which such export is prohibited, and that you are otherwise in compliance with the laws of your local jurisdiction regarding the import, export, or re-export of any Content.

Warranty Disclaimer; Limitation of Liability

THE WEBSITE, CONTENT AND SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED. YOUR ACCESS TO AND USE OF THE WEBSITE, CONTENT AND SERVICES IS AT YOUR OWN RISK. THE COMPANY DISCLAIMS ALL WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, SECURITY AND/OR NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE FUNCTIONS OR CONTENT CONTAINED ON THIS WEBSITE OR ANY SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS, IF ANY, WILL BE CORRECTED. WE DO NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING THE USE, OR THE RESULTS OF USE, OF THE CONTENT IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, TIMELINESS OR OTHERWISE. THE CONTENT MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS, AND WE MAY MAKE CHANGES OR IMPROVEMENTS AT ANY TIME. WE ASSUME NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN SUCH CONTENT. TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, NEITHER THE COMPANY NOR ITS LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, BROKERS, REPRESENTATIVES, OFFICERS, AND/OR DIRECTORS, WILL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES ARISING FROM THE USE OF, OR THE INABILITY TO USE, THIS WEBSITE, THE SERVICES OR THE CONTENT, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF PROHIBITED BY APPLICABLE STATE LAW, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS SHALL NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS AS SET FORTH UNDER SUCH APPLICABLE STATE LAWS.

Submissions

With respect to any comments, reviews or other content that you post, or any questions, suggestions, ideas, or other information you submit, in connection with the Website and/or certain Services (collectively, “Submissions”), you hereby grant us the royalty-free, perpetual, irrevocable, worldwide, nonexclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display all Submissions, and to incorporate any Submission in other works, in any form, media, or technology now known or later developed. We will not be required to treat any Submission as confidential, and may use any Submission in our businesses (including without limitation, for products or advertising) without attribution and without incurring any liability for royalties or any other consideration of any kind, and will not incur any liability as a result of any similarities that may appear in future operations. You may not post, send, submit, publish, or transmit in connection with this Website any Submissions that: infringe any intellectual property or other right of any entity or person, including violating anyone’s copyrights or trademarks or their rights of publicity or privacy, or that you do not otherwise have the right to post; • violate any law or may be considered to violate any law; or • include programs which contain malware, viruses, worms, and/or Trojan Horses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications systems.

Children

This Website does not intend to market any products to children under fifteen (15) years of age. We do not knowingly gather or solicit data from children under fifteen (15) years of age through this Website for marketing purposes. By using this Website you represent that you are not under fifteen (15) years of age.

Dispute Resolution Applicable Law; Time to Bring Claims

The Federal Arbitration Act, applicable federal law, and the laws of the State of Georgia, without regard to principles of conflict of laws, will govern these Terms of Use, the Privacy Policy and any dispute of any sort that might arise between you and the Company with respect to these Terms of Use, the Privacy Policy or your use of or access to the Website or Content (“Dispute”). YOU AND THE COMPANY AGREE THAT, EXCEPT FOR A DISPUTE THAT QUALIFIES FOR SMALL CLAIMS COURTS, ANY SUCH DISPUTE SHALL BE RESOLVED IN ITS ENTIRETY BY INDIVIDUAL BINDING ARBITRATION. If for any reason a claim proceeds in court rather than in arbitration, we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights or breaches of security and your misuse of the Website or Content.

Exclusive Venue for Litigation

To the extent that the arbitration provisions provided for herein do not apply, the proper forum for any Dispute shall be in the courts of the state of Georgia for Cobb County or the United States District Court, Northern District of Georgia (except for small claims court actions which may be brought in the state of Georgia in the county where you reside). You expressly consent to exclusive jurisdiction of any state or federal court for Cobb County, Georgia for any litigation other than small claims court actions. Further you hereby waive any right to a jury trial.

Agreement to Binding Arbitration

All Disputes shall be finally settled by binding arbitration administered by JAMS in accordance with the procedures of the JAMS Comprehensive or Streamlined Arbitration Rules and Procedures as those Rules exist as of the effective date of these Terms of Use, excluding any rules or procedures governing or permitting class actions. The arbitrator, and not any federal, state or local court or agency, shall have exclusive authority, except as may otherwise be stated in these Terms of Use, to resolve all Disputes arising out of or relating to the interpretation, applicability, enforceability or formation of these Terms of Use or Privacy Policy, including but not limited to any claim that all or any part of these Terms of Use or Privacy Policy is void or voidable (except for the class action waiver below). The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator’s decision shall be final, binding, and non-appealable in court. Judgment upon the award may be entered and enforced in any court having jurisdiction. The arbitrator’s award will consist of a written statement stating the disposition of each claim and will include a concise written statement of the essential findings and conclusions on which the award is based.

You and the Company (the “parties”) adopt and agree to implement the JAMS Optional Arbitration Appeal Procedure (as it exists on the effective date of these Terms of Use) with respect to any final award in an arbitration arising out of or related to these Terms of Use or Privacy Policy. With regard to the appeal, and only for disputes in excess of $50,000, either party may request a panel of three (3) arbitrators in lieu of only one (1) arbitrator. The parties will make reasonable efforts to agree upon mutually satisfactory arbitrator(s) chosen from the JAMS panel and the arbitrator(s) must be neutral. The arbitration shall take place at a JAMS location closest to where you reside in the state of Georgia.

The parties agree that all proceedings before the arbitrators will remain confidential between the parties. However, either party may register the judgment of any arbitral award in an appropriate court, and the parties may disclose information regarding the arbitration if required by law or judicial decision. Nothing in these Terms of Use precludes you or us from filing or participating in administrative proceedings before government administrative agencies to address alleged violations of law enforced by those state agencies.

JAMS’ RULES GOVERNING ARBITRATION MAY BE ACCESSED AT WWW.JAMSADR.COM OR BY CALLING JAMS AT 1-800-352-5267. IF YOU INITIATE AN ARBITRATION AGAINST THE COMPANY, $250 IS THE ONLY ARBITRATION FEE YOU WILL BE REQUIRED TO PAY, WHICH IS APPROXIMATELY EQUIVALENT TO CURRENT COURT FILING FEES. ALL OTHER JAMS ARBITRATION COSTS WILL BE BORNE BY THE COMPANY, INCLUDING ANY REMAINING JAMS CASE MANAGEMENT FEE AND ALL PROFESSIONAL FEES FOR THE ARBITRATOR’S SERVICES. THE PARTIES UNDERSTAND THAT, ABSENT THIS MANDATORY PROVISION, THEY WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. THEY FURTHER UNDERSTAND THAT, IN SOME INSTANCES, THE COSTS OF ARBITRATION COULD EXCEED THE COSTS OF LITIGATION. THE PARTIES ALSO UNDERSTAND THAT ALTHOUGH ARBITRATION ALLOWS FOR THE DISCOVERY OR EXCHANGE OF NON-PRIVILEGED INFORMATION RELEVANT TO THE DISPUTE, THE RIGHT TO DISCOVERY MAY BE MORE LIMITED IN ARBITRATION THAN IN COURT. Class Action and Class Arbitration Waiver You and the Company each further agree that any arbitration shall be conducted in your individual capacity only and not as a purported class, collective, representative, multiple plaintiffs, or similar proceeding (“Class Action”), and you expressly waive any right to file a Class Action in any forum. The arbitrator(s) is empowered to award full relief to an individual claimant, but any relief awarded cannot extend beyond that individual claimant. Any claim that all or part of this Class Action waiver is unenforceable, unconscionable, void, or voidable may be determined only by a court of competent jurisdiction and not by an arbitrator. If any court or arbitrator(s) determines that the Class Action waiver set forth in this paragraph is void or unenforceable for any reason (including any alleged incompatibility with the Investment Advisors Act or other federal securities laws or regulations), or that an arbitration can proceed as a Class Action, then the arbitration provision set forth above shall be deemed null and void in its entirety and the parties shall be deemed to have not agreed to arbitrate Disputes. THE PARTIES UNDERSTAND THAT IN THE ABSENCE OF THESE TERMS OF USE THEY WOULD HAVE HAD A RIGHT TO LITIGATE THROUGH A COURT, TO HAVE A JUDGE OR JURY DECIDE THEIR CASE AND TO BE PARTY TO A CLASS OR REPRESENTATIVE ACTION. HOWEVER, THEY UNDERSTAND AND CHOOSE TO HAVE ANY CLAIMS DECIDED INDIVIDUALLY, THROUGH ARBITRATION.

Exception – Small Claims Court Claims

Notwithstanding the parties’ agreement to resolve all Disputes through arbitration, either party may seek relief in a small claims court for Disputes or claims within the scope of that court’s jurisdiction.

30 Day Right to Opt Out

You have the right to opt out and not be bound by the arbitration provisions and class action waiver set forth in this section by notifying us in writing at DealerDealer LLC, Attn: Arbitration, 5725 Brookstone WALK NW, Acworth, GA 30101 or email us at service@inlifeterms.com within thirty (30) days of your registration on or use of the Webite. When providing notice to us of your intent to opt out via U.S. Mail, you must provide your first and last name, Product type (e.g., quote request) and reference number if known. Otherwise, you shall be bound to arbitrate Disputes in accordance with the terms of this arbitration provision. If you opt out of these arbitration provisions, then the Company also will not be bound by them.

Miscellaneous

If any part of these Terms of Use is unlawful, void or unenforceable under applicable law, that part will be deemed severable and will not affect the validity or enforceability of any remaining provisions. These Terms of Use and the Consent (applicable to Customers only, both of which must be accepted by you in order to use the Online Services) constitute the entire agreement among the parties relating to this subject matter.