Privacy Policy

TERMS AND CONDITIONS

These Terms and Conditions ("Terms") govern your access and/or use of the applications, websites, content, products, and services (the "Services") made available by Senior Life Insurance Company, Inc. and its parents, subsidiaries, representatives, affiliates, officers and directors (collectively, "Senior Life"). PLEASE READ THESE TERMS VERY CAREFULLY, AS THEY CONSTITUTE A LEGAL AGREEMENT BETWEEN YOU AND SENIOR LIFE. In and throughout these Terms, the words "including" and "include" mean "including, but not limited to."

By accessing and/or using the Services, you confirm your agreement to be bound by these Terms. If you do not agree to these Terms, you may not access or use the Services. These Terms expressly supersede prior agreements with you, with the exception of a Senior Life Insurance Company Agent Agreement, in which case these Terms supplement the Agent Agreement. Senior Life may immediately terminate these Terms or any Services with respect to you, or generally cease offering or deny access to the Services or any portion thereof, at any time for any reason.

IMPORTANT: PLEASE REVIEW THE ARBITRATION AGREEMENT SET FORTH BELOW CAREFULLY, AS IT WILL REQUIRE YOU TO RESOLVE DISPUTES WITH SENIOR LIFE ON AN INDIVIDUAL BASIS THROUGH FINAL AND BINDING ARBITRATION. BY ENTERING THIS AGREEMENT, YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND ALL OF THE TERMS OF THIS AGREEMENT.

Supplemental terms may apply to certain Services, and such supplemental terms will be disclosed to you in separate disclosures or in connection with the applicable Service(s). Supplemental terms are in addition to, and shall be deemed a part of, the Terms for the purposes of the applicable Service(s). Supplemental terms shall prevail over these Terms in the event of a conflict with respect to the applicable Services.

Senior Life may amend the Terms from time to time. Amendments will be effective upon Senior Life's posting of such updated Terms at this location or within the supplemental terms of the applicable Service(s). Your continued access or use of the Services after such posting confirms your consent to be bound by the Terms as amended. If Senior Life changes these Terms after the date you first agreed to the Terms (or to any subsequent changes to these Terms), you may reject any such change by providing Senior Life written notice of such rejection within 30 days of the date such change became effective, as indicated in the "Effective" date above. This written notice must be provided either (a) by mail or hand delivery to our home office located at 1 Senior Life Lane, Thomasville, Georgia 31792. In order to be effective, the notice must include your full name and clearly indicate your intent to reject changes to these Terms. By rejecting changes, you are agreeing that you will continue to be bound by the provisions of these Terms as of the date you first agreed to the Terms (or to any subsequent changes to these Terms). If you reject an amendment made by Senior Life to these Terms, Senior Life may suspend or terminate the Services.

Senior Life’s collection and use of personal information in connection with the Services is described in Senior Life’s User Privacy Statement located at http://seniorlifecontracts.com/legal/document.

By agreeing to the Terms, you agree that you are required to resolve any claim that you may have against Senior Life on an individual basis in arbitration, as set forth in this Arbitration Agreement. This will preclude you from bringing any class, collective, or representative action against Senior Life, and also preclude you from participating in or recovering relief under any current or future class, collective, consolidated, or representative action brought against Senior Life by someone else.

In the event of any dispute, claim, question, grievance or disagreement between you and us or any of our officers, directors, employees, agents, representatives or affiliates, including but not limited to those arising out of or relating to the Terms, whether in contract, tort, or otherwise (a “Controversy”), the parties shall use their best efforts to settle such Controversy. To this end, the parties will consult and negotiate with each other in good faith and, recognizing mutual interest, attempt to reach a just and equitable solution to the Controversy satisfactory to both parties. If the parties do not reach such solution within a period of thirty (30) days after written notice by a party to the other party of the existence of a Controversy, such Controversy shall be resolved by binding arbitration administered by The American Arbitration Association under its Commercial Arbitration Rules as modified below. Judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.

This Arbitration Clause is governed by the Federal Arbitration Act (Title 9, U.S. Code). Any arbitration conducted pursuant to the Terms shall be conducted in accordance with the terms of the Federal Arbitration Act and the Commercial Arbitration Rules of The American Arbitration Association, except as modified or otherwise specified herein. The arbitration process shall be conducted before a single, neutral arbitrator, who shall be an active or former officer of a life, accident and health insurance company with a minimum of ten (10) years’ experience in the industry and disinterested in the outcome of the arbitration.

The parties agree that the arbitrator has the sole jurisdiction to rule on whether the Controversy is arbitrable. The power to rule on the jurisdiction of the arbitrator is solely delegated to the arbitrator. The power to determine the existence or validity of the Terms, the Privacy Policy, or the existence or validity of any portion of the Terms including this Arbitration Clause, shall solely belong to the arbitrator. A decision by the arbitrator that these Terms or any portion thereof are null and void shall not for that reason alone render this Arbitration Clause invalid. If any portion of this Arbitration Clause is ruled invalid, it shall not result in the entire Arbitration Clause being invalidated.

Arbitration proceedings hereunder shall be conducted in Thomasville, Georgia, or at such other location as shall otherwise be agreed to in writing by all parties. Limited civil discovery shall be permitted for the production of documents and the taking of depositions of witnesses. The arbitrator and the arbitration procedure shall be governed by Georgia law and any limited discovery allowed by the arbitrator shall take place in accordance with the Georgia Procedure Act. All issues regarding discovery requests shall be decided by the arbitrator. To the maximum extent practicable, decisions regarding discovery requests shall be decided by the arbitrator. To the maximum extent practicable, an arbitration proceeding hereunder shall be concluded within ninety (90) days of filing of the dispute with The American Arbitration Association. The award of the arbitrator shall be final, binding and conclusive upon the parties, and need not be accompanied by a reasoned opinion.

The arbitrator shall award to the prevailing party, if any, as determined by the arbitrator, all of its costs and fees, or otherwise allocate such costs and fees between the parties in such manner as the arbitrator may determine to be just and appropriate. “Costs and fees” means all reasonable pre-award expenses of the arbitration, including the arbitrator’s fees, administrative fees, travel and expenses, out-of-pocket expenses, such as copying, telephone, court costs, filing fees, witness fees, and attorney’s fees. The award of the arbitrator shall at all times remain confidential, and neither party nor arbitrator may disclose the existence, content, or results of any arbitration hereunder without the prior written consent of both parties.

All matters which seek an interpretation or award under the Terms shall be brought in Arbitration; however, nothing in the Terms or Arbitration Clause shall require the Company to seek arbitration of any Controversy for which equitable or injunctive relief, including specific performance, is sought, unless the parties mutually agree to submit such issue to arbitration. The arbitrator will have no authority to award punitive or exemplary damages, or any other damages not measured by the prevailing party’s actual damages (including assessable costs and attorneys’ fees as provided herein), and may not, in any event, make any ruling, finding or award that does not conform to the terms and conditions of the Terms.

In the event that you initiate litigation against us, our response to that litigation (including the filing of an answer or a counterclaim) shall not operate as a repudiation, waiver, or abandonment of this Arbitration Clause. By accepting and agreeing to the Terms, you acknowledge that you have read, understand, and agree to the terms of this Arbitration Clause.

The Services comprise mobile applications and related services (each, an “Application”), which enable users to write, review, and submit applications for life insurance products offered by Senior Life Insurance Company, Inc., as well as view information pertaining to Senior Life Insurance products in the form of documents, policy rates, and marketing and agent materials. The Services may also include the ability to purchase and view data collected in the form of leads from Senior Life Insurance Company.

License

Subject to your compliance with these Terms, Senior Life grants you a limited, non-exclusive, non-sublicensable, revocable, suspendable, non-transferable license to: (i) access and use the Applications on your personal device solely in connection with your use of the Services; and (ii) access and use any content, information and related materials that may be made available through the Services, in each case solely for your individual use and not to be disseminated, transmitted, or shared by you to or with others. Any rights not expressly granted herein are reserved by Senior Life and Senior Life’s licensors.

Restrictions

You may not: (i) remove any copyright, trademark or other proprietary notices from any portion of the Services; (ii) reproduce, modify, prepare derivative works based upon, lease, license, distribute, sell, resell, publicly display, transfer, transmit, publicly perform, broadcast, stream or otherwise exploit the Services except as expressly permitted by Senior Life; (iii) disassemble, reverse engineer or decompile the Services; (iv) link to, mirror or frame any portion of the Services; (v) cause or launch any programs or scripts for the purpose of scraping, surveying, indexing, or otherwise data mining any portion of the Services or unduly burdening or hindering the operation and/or functionality of any aspect of the Services; or (vi) attempt to gain unauthorized access to or impair any aspect of the Services or its related systems or networks.

Third Party Services and Content.

The Services may be made available or accessed in connection with third party services and content (including advertising) that Senior Life does not control. You acknowledge that different terms of use and privacy policies may apply to your use of such third party services and content. Senior Life does not endorse such third party services and content and in no event shall Senior Life be responsible or liable for any products or services of such third party providers. Additionally, Apple Inc. Google, Inc. Microsoft Corporation or BlackBerry Limited will be a third-party beneficiary to this contract if you access the Services using Applications developed for Apple iOS, Android, Microsoft Windows, or Blackberry-powered mobile devices, respectively. These third party beneficiaries are not parties to this contract and are not responsible for the provision or support of the Services in any manner. Your access to the Services using these devices is subject to terms set forth in the applicable third party beneficiary’s terms of service.

Ownership

The Services and all rights there in are and shall remain Senior Life’s property or the property of Senior Life’s licensors. Neither these Terms nor your use of the Services convey or grant to you any rights: (i) in or related to the Services except for the limited license granted above; or (ii) to use or reference in any manner Senior Life’s company names, logos, product and service names, trademarks or services marks or those of Senior Life’s licensors.

Purchase of Leads.

Some of the Services may allow for you to purchase from Senior Life data collected from consumers who complete and submit contact information and details about their request for information or service quotes (“leads”) that conform to the following guidelines. A lead will include only information that has been input by the individual and the following lead contact information as available, unless otherwise agreed to by you and us in writing: (a) first and last name, (b) address, and (c) phone number. Senior Life makes no representation about the quantity, sufficiency or quality of leads that it provides to you.

You will be charged a cost per lead stated at the time of the purchase, and fees may vary from purchase to purchase. Fees accrue and are due upon your receipt of the leads. If you purchase leads by credit card, you agree to provide us current and valid credit card information (type, name, number, expiration date, etc.) and hereby authorize us (directly or through out agents) to charge the credit card you have provided in the amount of all or part of the fees payable for the leads purchased plus any taxes we may be required to collect.

Senior Life may allow actively appointed Senior Life Insurance Company agents to have lead purchases charged to the balance of their agent account with Senior Life Insurance Company. Senior Life retains the sole discretion as to whether a leads purchase may be charged to an agent’s account with Senior Life Insurance Company. Such charges placed on an agent’s Senior Life Insurance Company account are subject to these Terms and to the terms of the agent’s Agent Agreement with Senior Life Insurance Company.

Purchases of leads are not cancellable, and fees paid are not refundable. You are not authorized to use any leads that are not paid for.

Authorized Use and Purpose of Leads.

Leads and related marketing services are provided on a non-exclusive basis for a specific type of product or service for which the consumer submitted their contact information. You are authorized to use the leads and our services provided by us solely for the purpose of marketing and selling insurance products. You may not use the lead or services for purposes of marketing or offering products and services other than those that the consumer has specifically inquired about.

Leads and services are confidential information of Senior Life. YOU AGREE NOT TO SHARE WITH OTHERS, LICENSE, RESELL, DISTRIBUTE OR OTHERWISE DISCLOSE ANY OR ALL OF THE LEADS OR THE INFORMATION CONTAINED IN THEM, ALONE OR AS PART OF A LIST OR ANY OTHER DATA OR LEAD AGGREGATION, TO ANY THIRD PARTY FOR ANY PURPOSE, EXCEPT ONLY TO AN ENTITY ENGAGED BY YOU AS A CONTRACTOR FOR THE SOLE PURPOSE OF ASSISTING YOU IN CONNECTION WITH THE AUTHORIZED USE OF THE LEADS BY YOU.

Compliance.

It is your sole responsibility to familiarize yourself with all laws and regulations applicable to the receipt, use, storage and safeguarding of data that identifies consumers that we provide you, and to comply with them. You agree to maintain commercially reasonable physical, electronic and procedural controls and safeguards to protect any such consumer information received pursuant to these terms from unauthorized use or disclosure, including the maintenance of appropriate safeguards to restrict access to the consumer data solely to carry out the purposes for which the information was disclosed.

Senior Life Agents

In order to have access to and use some aspects of the Services, you must be a licensed insurance agent and appointed by Senior Life to be its agent and representative. In the event that your license or Senior Life appointment is terminated, suspended, or revoked, your limited license to use the applicable Services shall be immediately revoked, which may result in you being unable to use the Service or the app. These Terms and Conditions supplement, and do not replace, the Agent Agreement that all Senior Life Insurance Company agents enter into. In the event that these Terms and Conditions conflict with a Senior Life Insurance Company Agent Agreement, the terms of the Agent Agreement are controlling. The Senior Life Insurance Company Agent Agreement does not however bind user of the Services that are not past or present Senior Life Insurance Company agents. Past and present Senior Life Insurance Company agents shall take all steps necessary to ensure that the “Confidential Information” (as that term is defined in the Senior Life Insurance Company Agent Agreement) that is used in conjunction with the Services shall be maintained with the utmost care so as to prevent the unauthorized disclosure of Confidential Information, and in the event that the agent suspects that there has been unauthorized disclosure of Confidential Information the agent shall immediately notify Senior Life of the disclosure and diligently work with Senior Life to identity the cause and remedy the disclosure.

User Accounts

In order to use some aspects of the Services, you must register for and maintain an active personal user Services account (“Account”). You must be at least 18 years of age, or the age of legal majority in your jurisdiction (if different than 18), to obtain an Account, unless a specific Service permits otherwise. Account registration requires you to submit to Senior Life certain personal information, such as your name, address, mobile phone number and age, as well as at least one valid payment method supported by Senior Life. You agree to maintain accurate, complete, and up-to-date information in your Account. Your failure to maintain accurate, complete, and up-to-date Account information, including having an invalid or expired payment method on file, may result in your inability to access or use the Services. You are responsible for all activity that occurs under your Account, and you agree to maintain the security and secrecy of your Account username and password at all times. Unless otherwise permitted by Senior Life, you may only possess one Account.

User Requirements and Conduct.

The Service is not available for use by persons under the age of 18. For Services requiring an account, you may not authorize third parties to use your Account. You may not assign or otherwise transfer your Account to any other person or entity. You agree to comply with all applicable laws when accessing or using the Services, and you may only access or use the Services for lawful purposes. You may not in your access or use of the Services cause nuisance, annoyance, inconvenience, or property damage. In certain instances you may be asked to provide proof of identity to access or use the Services, and you agree that you may be denied access to or use of the Services if you refuse to provide proof of identity.

Text Messaging and Telephone Calls.

You agree that Senior Life may contact you by telephone or text messages (including by an automatic telephone dialing system) at any of the home numbers provided by you or on your behalf in connection with the Services, including for marketing purposes. You understand that you are not required to provide this consent as a condition of purchasing any property, goods or services. You also understand that you may opt out of receiving text messages from Senior Life at any time.

Network Access and Devices.

You are responsible for obtaining the data network access necessary to use the Services. Your mobile network’s data and messaging rates and fees may apply if you access or use the Services from your device. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Services and Applications and any updates thereto. Senior Life does not guarantee that the Services, or any portion thereof, will function on any particular hardware or devices. In addition, the Services may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications.

You understand that the use of the Services may result in charges to you for the services or goods you receive (“Charges”). Senior Life will receive and/or enable your payment of the applicable Charges for services or goods obtained through your use of the Services. Charges will be inclusive of applicable taxes where required by law. Charges may include other applicable fees, tolls, and/or surcharges.

All Charges and payments will be enabled by Senior Life using the payment method(s) required by the Application. The app may include an order history showing a purchase history of up to 60 days. Charges paid by you are final and non-refundable, unless otherwise determined by Senior Life. As between you and Senior Life, Senior Life reserves the right to establish, remove and/or revise Charges for any or all services or goods obtained through the use of the Services at any time in Senior Life’s sole discretion. Senior Life will use reasonable efforts to inform you of Charges that may apply, provided that you will be responsible for Charges incurred under your Account regardless of your awareness of such Charges or the amounts thereof. You may elect to cancel your request for Services at any time prior to the commencement of such Services, in which case you may be charged a cancellation fee on a Third Party Provider’s behalf. After you have received services or goods obtained through the Service, you will have the opportunity to rate your experience and leave additional feedback. Senior Life may use the proceeds of any Charges for any purpose, subject to any payment obligations it has agreed to with any Third Party Providers or other third parties.

In certain cases, with respect to Third Party Providers, Charges you incur will be owed directly to Third Party Providers, and Senior Life will collect payment of those charges from you, on the Third Party Provider’s behalf as their limited payment collection agent, and payment of the Charges shall be considered the same as payment made directly by you to the Third Party Provider. In such cases, you retain the right to request lower Charges from a Third Party Provider for services or goods received by you from such Third Party Provider at the time you receive such services or goods, and Charges you incur will be owed to the Third Party Provider. Senior Life will respond accordingly to any request from a Third Party Provider to modify the Charges for a particular service or good. This payment structure is intended to fully compensate a Third Party Provider, if applicable, for the services or goods obtained in connection with your use of the Services. In all other cases, Charges you incur will be owed and paid directly to Senior Life or its affiliates, where Senior Life is solely liable for any obligations to Third Party Providers. In such cases, you retain the right to request lower Charges from Senior Life for services or goods received by you from a Third Party Provider at the time you receive such services or goods, and Senior Life will respond accordingly to any request from you to modify the Charges for a particular service or good.

Disclaimer

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE." SENIOR LIFE DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, NOT EXPRESSLY SET OUT IN THESE TERMS, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, SENIOR LIFE MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, OR AVAILABILITY OF THE SERVICES OR ANY SERVICES OR GOODS REQUESTED THROUGH THE USE OF THE SERVICES, OR THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. SENIOR LIFE DOES NOT GUARANTEE THE QUALITY, SUITABILITY, SAFETY OR ABILITY OF THIRD PARTY PROVIDERS. YOU AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE SERVICES, AND ANY SERVICE OR GOOD REQUESTED IN CONNECTION THEREWITH, REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.

Limitation of Liability.

SENIOR LIFE SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOST DATA, PERSONAL INJURY, OR PROPERTY DAMAGE RELATED TO, IN CONNECTION WITH, OR OTHERWISE RESULTING FROM ANY USE OF THE SERVICES, REGARDLESS OF THE NEGLIGENCE (EITHER ACTIVE, AFFIRMATIVE, SOLE, OR CONCURRENT) OF SENIOR LIFE, EVEN IF SENIOR LIFE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

SENIOR LIFE SHALL NOT BE LIABLE FOR ANY DAMAGES, LIABILITY OR LOSSES ARISING OUT OF: (i) YOUR USE OF OR RELIANCE ON THE SERVICES OR YOUR INABILITY TO ACCESS OR USE THE SERVICES; OR (ii) ANY TRANSACTION OR RELATIONSHIP BETWEEN YOU AND ANY THIRD PARTY PROVIDER, EVEN IF SENIOR LIFE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SENIOR LIFE SHALL NOT BE LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND SENIOR LIFE'S REASONABLE CONTROL. THE LIMITATIONS AND DISCLAIMER IN THIS SECTION DO NOT PURPORT TO LIMIT LIABILITY OR ALTER YOUR RIGHTS AS A CONSUMER THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, SENIOR LIFE’S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. THIS PROVISION SHALL HAVE NO EFFECT ON SENIOR LIFE’S CHOICE OF LAW PROVISION SET FORTH BELOW.

Indemnity.

You agree to indemnify and hold Senior Life and its affiliates and their officers, directors, employees, and agents harmless from any and all claims, demands, losses, liabilities, and expenses (including attorneys' fees), arising out of or in connection with: (i) your use of the Services or services or goods obtained through your use of the Services; (ii) your breach or violation of any of these Terms; (iii) Senior Life's use of your User Content; or (iv) your violation of the rights of any third party, including Third Party Providers.

Warranties & Disclaimers Regarding Leads

With respect to each purchase or receipt of leads or other services, you agree and warrant that:

• the use of the leads and services and any calls and other interactions with and information provided to consumers resulting from the leads will comply with all applicable federal, state and local laws, statutes, rules and regulations, including without limitation, the Communications Act of 1934, as amended, the Telephone Consumer Protection Act (“TCPA”) and implementing regulations issued by Federal Communications Commission, the Telemarketing and Consumer Fraud and Abuse Prevention Act, the Federal Trade Commission’s Telemarketing Sales Rule, the Controlling the Assault of Non-Solicited Pornography and Marketing Act, and other federal and state laws and regulations governing the marketing, promotion, and/or sales of goods or services, including general consumer protection laws and regulations, or other consumer protection laws that prohibit unfair, deceptive, or misleading acts or practices;
• without limiting the generality of the subsection above, you will not make any calls to any individual listed on any federal or state national Do-Not-Call (DNC) registry unless an exemption applies;
• you will not use any lead information for purposes of determining a person’s eligibility for insurance, credit, employment or otherwise in any manner that violates the Fair Credit Reporting Act;
• you have obtained any and all required licenses, permits, and other authorizations required by an law, regulation, or government or regulatory authority to conduct your business as presently conducted, including offering and selling the products and services that are the subject of the lead;
• you have disclosed the existence of any federal or state decrees, orders, or consent agreements, and any pending formal or informal government investigations, and you further represent and warrant that if you become involved or named in any action, investigation, complaint or other proceeding by or before any governmental or regulatory authority, or any private party, you will immediately provide notice to Senior Life of such action, investigation, complaint or other proceeding; and
• you will ensure that your employees, contractors and agents comply with the foregoing.

THE LEADS ARE PROVIDED “AS IS”. EXCEPT AS EXPRESSLY SET FORTH IN THIS SECTION, NEITHER PARTY MAKES ANY WARRANTIES TO THE OTHER, AND ALL IMPLIED, STATUTORY OR OTHER WARRANTIES ARE DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, COMPLIANCE WITH THE LAWS, NON-INFRINGEMENT, TITLE, OR BASED ON COURSE OF DEALING OR USAGE OF TRADE. WE DO NOT GUARANTEE THAT THE INFORMATION PROVIDED BY THE CONSUMER IS ACCURATE OR COMPLETE, OR THE RESULTS TO BE ACHIEVED FROM THE LEADS.

YOU UNDERSTAND AND ACCEPT THAT LEADS AND CONTACT INFORMATION COLLECTED HAVE NOT BEEN SCREENED OR VALIDATED BY US AND ARE NOT GUARANTEED TO BE ACCURATE OR ERROR-FREE AND ALL RISKS OF CONDITION, USE, QUALITY, DESIGN, OR FITNESS ARE YOURS.

Choice of Law.

These Terms are governed by and construed in accordance with the laws of the State of Georgia, U.S.A., without giving effect to any conflict of law principles, except as may be otherwise provided in the Arbitration Agreement above. However, the choice of law provision regarding the interpretation of these Terms is not intended to create any other substantive right to nonGeorgians to assert claims under Georgia law whether that be by statute, common law, or otherwise. These provisions, and except as otherwise provided in Section 2 of these Terms, are only intended to specify the use of Georgia law to interpret these Terms and the forum for disputes asserting a breach of these Terms, and these provisions shall not be interpreted as generally extending Georgia law to you if you do not otherwise reside in Georgia. To the extent permitted by law, venue for the resolution of any controversy or other dispute between you and Senior Life concerning the Services that is not subject to the mandatory binding arbitration provision shall be the Superior Court of Thomas County, Georgia. You agree to submit to the personal jurisdiction of the Superior Court of Thomas County, Georgia.

Notice.

Senior Life may give notice by means of a general notice on the Services, electronic mail to your email address in your Account, telephone or text message to any phone number provided in connection with your account, or by written communication sent by first class mail or pre-paid post to any address connected with your Account. Such notice shall be deemed to have been given upon the expiration of 48 hours after mailing or posting (if sent by first class mail or prepaid post) or 12 hours after sending (if sent by email or telephone). You may give notice to Senior Life, with such notice deemed given when received by Senior Life, at any time by first class mail or pre-paid post to our home office located at 1 Senior Life Lane, Thomasville, GA 31792.

Location Based Services.

You acknowledge and agree that you may be required to provide your your geo-location information to the Senior Life via your device in order for Senior Life to provide some or all of the Services. You acknowledge and agree that: (a) your geo-location information may be obtained by Senior Life while the app is running; and (b) your approximate location will be displayed to Senior Life before and during the provision of the Services. In addition, Senior Life may monitor, track and share with third parties your geo-location information obtained by the app and device for safety and security purposes.

No Service Guarantee

SENIOR LIFE DOES NOT GUARANTEE THE AVAILABILITY OR UPTIME OF THE SENIOR LIFE SERVICES APPS. YOU ACKNOWLEDGE AND AGREE THAT THE SENIOR LIFE SERVICES OR APPS MAY BE UNAVAILABLE AT ANY TIME AND FOR ANY REASON (e.g., DUE TO SCHEDULED MAINTENANCE OR NETWORK FAILURE). FURTHER, THE SENIOR LIFE SERVICES OR APPS MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS, AND SENIOR LIFE IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGES, LIABILITIES OR LOSSES RESULTING FROM SUCH PROBLEMS.

General

You may not assign these Terms without Senior Life's prior written approval. Senior Life may assign these Terms without your consent to: (i) a subsidiary or affiliate; (ii) an acquirer of Senior Life's equity, business or assets; or (iii) a successor by merger. Any purported assignment in violation of this section shall be void. No joint venture, partnership, employment, or agency relationship exists between you, Senior Life or any Third Party Provider as a result of this Agreement or use of the Services. If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent under law. Senior Life's failure to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Senior Life in writing.

Termination

You or we may terminate our relationship at any time by the termination of your appointment as a Senior Life Insurance Company agent, or by discontinuing the provision or purchase of leads. These Terms survive termination for any reason, and continue to apply indefinitely to any leads purchased or received hereunder and all matters relating to such leads or their use, all terms related to or controlled by a Senior Life Insurance Company Agent Agreement to the extent that the Agent Agreement is still effective; this survival provision includes without limitation the use restrictions, warranties, indemnification, limitation of liability and mandatory arbitration provided here.

Retroactive Applicability.

In the event that you used the Services prior to entering into these Terms, you agree to be bound by these terms retroactively to the date that you first used the Services, so that the effective date of these Terms shall be the date you first used the Services.