Terms and Conditions


THESE TERMS OF SERVICE (THE “TERMS”) GOVERN THE ACCESS, ACQUISITION AND/OR USE OF THE SERVICES BY
YOU (THE “Customer”). CAPITALIZED TERMS HAVE THE DEFINITIONS SET FORTH HEREIN.

BY (1) CLICKING A BOX INDICATING ACCEPTANCE, (2) EXECUTING AN ORDER FORM OR OTHER AGREEMENT THAT
REFERENCES THESE TERMS, OR (3) OTHERWISE USING THE SERVICES, CUSTOMER AGREES TO BE BOUND BY THESE
TERMS. IF THE INDIVIDUAL ACCEPTING THESE TERMS IS ACCEPTING ON BEHALF OF A COMPANY OR OTHER LEGAL
ENTITY, SUCH INDIVIDUAL REPRESENTS THAT THEY HAVE THE AUTHORITY TO BIND SUCH ENTITY AND ITS
AFFILIATES TO THESE TERMS, IN WHICH CASE THE TERM “Customer” SHALL REFER TO SUCH
ENTITY AND ITS AFFILIATES. IF THE INDIVIDUAL ACCEPTING THESE TERMS DOES NOT HAVE SUCH AUTHORITY, OR
DOES NOT AGREE WITH THESE TERMS, SUCH INDIVIDUAL MUST NOT ACCEPT THESE TERMS AND MAY NOT USE THE
SERVICES. These Terms are effective between Customer and LifeCo Insurance Network, LLC
(“LifeCo”), as of the date of Customer’s accepting these Terms (the “Effective Date”).

    1. ‌ Provision of Services. Subject to Customer’s compliance with the terms and conditions set
      forth in these Terms, LifeCo will make available to Customer the LifeCo hosted services and
      related technology platform(s) and related support services as described in the Documentation
      (collectively, the “Services”).
    2. ‌Use of Services. These Terms govern Customer’s use of the products and the data, content, and
      services available with the Services. Customer must protect its username and password and will
      not make them available to any other persons or entities. Customer will (a) will comply with
      these Terms and will be liable for any breach thereof, (b) comply with all laws applicable to
      the use of the Services, (c) use industry standard means to prevent unauthorized access to,
      use of or reproduction of the Services, and notify LifeCo promptly of any such unauthorized
      access, use or reproduction, (d) use Services only as permitted in these Terms, by applicable
      laws and, if applicable, in accordance with any documentation or instructions from LifeCo or
      its affiliates related to such use.
    3. Customer Responsibilities and Acknowledgements.
      1. Customer Data. Customer will be solely responsible for (a) its use of the Services
        and (b) the accuracy, quality, and legality of the data input by Customer into the Services
        and the results of processing of such data by the Services (“Customer Data”) and the means by which Customer acquired the same. Customer agrees that its use of the
        Services and its use and disclosure of Customer Data will comply with all applicable laws.
      2. Usage Restrictions. Customer will not (a) make any Services available to anyone
        other person or entity or use any Services for the benefit of anyone other than Customer,
        for compensation or otherwise, (b) use Services to store or send infringing, libelous or
        otherwise unlawful, harassing, abusive, threatening, vulgar, obscene or otherwise
        objectionable material, or material that is harmful to minors in any way, (c) use the
        Services to make untruthful, misleading, or deceptive statements to third parties,
        including,for example statements about potential earnings, production, or other results, (d)
        use Services to store or send material in violation of third-party privacy rights or other
        rights,(e) transmit any virus, worm, spyware, Trojan Horse or other malicious code (“Malicious Code”) to the Services, (f) interfere with the integrity or performance of any Services or any
        networks or computer systems used to provide the Services, or any other LifeCo’s customer’s
        use of the Services, (g) attempt to gain unauthorized access to any Services or networks or
        computer systems used to provide the Services, (h) modify, translate, copy or create
        derivative works of the Services, or any part, feature, function or user interface thereof,
        except as expressly permitted herein, (i) access any Services in order to build a
        competitive product or service, (j) decompile, disassemble, reverse engineer or reduce to
        human-perceivable form any Services (to the extent such restriction is not prohibited by
        law), (k) attempt to remove, modify or obscure any proprietary notices on the Services, (l)
        have any right to receive the code for the Services, or (m) harvest or collect information
        or data regarding other users of the Services.
      1. Suspension. If a Customer is in breach of these Terms, without limiting LifeCo’s
        other rights or remedies, LifeCo may suspend the Customer’s use of the Services immediately.
      2. Modifications to Services. LifeCo may update the Services to reflect changes in,
        among other things, laws, regulations, rules, technology, industry practices, market and
        customer demands, patterns of system use, and other relevant factors.
      3. Subcontracting. LifeCo may, as it deems appropriate, engage independent contractors,
        consultants, or other persons or entities (collectively, referred to as
        Subcontractors”) to aid LifeCo in performing LifeCo’s duties under these
        Terms.
      4. Customer Minimum Requirements. Customer is responsible for procuring and maintaining
        throughout each Term and any Renewal Term at its expense all third-party equipment,
        products, software, and services (“Third-Party Products”) meeting or
        exceeding the minimum requirements for the Services set forth in the Documentation (as
        defined below). Customer acknowledges that failure to use or procure Third-Party Products
        that meet the minimum requirements for the Services may result in the inability to use the
        Services and/or processing failures or errors. Customer shall maintain a proper operating
        environment for the Service and will follow the routine operating procedures, all as
        specified in the Documentation and the Terms. If Customer receives notice, including from
        LifeCo, that a Third-Party Product may no longer be used or must be removed, modified,
        and/or disabled to avoid violating applicable law, policies, or third-party rights, Customer
        will promptly do so.
      5. Taxes. Any fees charged for access to or use of the Services do not include taxes,
        duties, levies, or similar government assessments of any kind, including value-added, sales,
        use or withholding taxes assessable by any jurisdiction (collectively, “Taxes”).
        Customer is responsible for paying all Taxes associated with its purchases hereunder.
        Customer will not withhold from any amounts due to LifeCo any amount for taxes. If LifeCo
        determines that it has an obligation to remit or collect any Taxes for which Customer is
        responsible, LifeCo will invoice Customer and Customer will pay such amount unless Customer
        provides LifeCo with a valid tax exemption certificate authorized by the appropriate taxing
        authority.
    4. Non-LifeCo Products and Services.
      1. Non-LifeCo Applications. LifeCo may include integrations with web services made
        available by third parties (other than LifeCo or its affiliates) that are accessed through
        the Services subject to terms and conditions with those third parties (“Non-LifeCo Applications). Customer acknowledges that Customer’s use of Non-LifeCo Applications is not subject to
        these Terms. For clarity, and notwithstanding anything to the contrary in these Terms, the
        Non-LifeCo Applications do not form part of the Services and LifeCo bears no responsibility
        or liability for Non-LifeCo Applications or the information provided to and from Non-LifeCo
        Applications, including their accuracy, offensiveness, reliability, suitability, legality,
        quality, security, availability, functionality, or interoperability, or any effect they may
        have on Customer’s websites, infrastructure, networks, mobile applications, or other systems
        or how the Non-LifeCo Applications or their providers use Customer Data. If Customer enables
        a Non-LifeCo Application with the Services, Customer hereby consents to and authorizes
        LifeCo to access and exchange Customer Data with the Non-LifeCo Application on Customer’s
        behalf as required for the interoperation of such Non-LifeCo Applications with the Services.
        Use of the Services with a Non-LifeCo Application does not expand Customer’s rights or
        LifeCo’s obligations under these Terms.
      2. Integration with Non-LifeCo Applications. The Services may contain features designed
        to interoperate with Non-LifeCo Applications. LifeCo cannot guarantee the continued
        availability of any such Service features and may cease providing them without entitling
        Customer to any refund, credit, or other compensation, if for example and without
        limitation, the provider of a Non-LifeCo Application ceases to make the Non-LifeCo
        Application available for interoperation with the corresponding Service features in a manner
        acceptable to LifeCo.
    5. ‌Service Specific Terms. Additional terms set forth on the applicable order form for the
      Services will apply to the Services. If Customer orders or uses such Services, then such
      additional terms applicable to such Services shall apply to Customer’s use of such Services
      (“Service Specific Terms”).
    6. Subscriptions and Enhanced Services
      1. Subscription Period. Some or all of the Services may be available only with a paid
        subscription (“Subscription”).  LifeCo will bill Customer in advance on a
        recurring and periodic basis (such as daily, weekly, monthly, or annually) depending on the
        type of Subscription select by Customer when purchasing the Subscription or as otherwise set
        forth in an order form for such Services. At the end of each period, the Subscription will
        automatically renew under the same conditions unless Customer or LifeCo cancels the
        Subscription prior to the expiration of the then current Subscription period.
      2. Subscription Cancellation. Customer may cancel the renewal of its Subscription
        either through its accounts settings page or by contacting LifeCo. Customer will not receive
        a refund for the fees already paid for its current Subscription period and Customer will be
        able to access the Service until the end of its current Subscription period. If the
        Subscription has been made through an In-App Purchase, Customer can cancel the renewal of
        its Subscription with the Application Store.
      3. Enhanced Services. LifeCo may offer items or additional services for purchase
        through the Services (“Enhanced Services”). All Enhanced Services purchased
        will be subject to either a one-time payment or through a Subscription on the terms
        described for Subscriptions.
  1. Billing. Customer shall provide LifeCo with accurate and complete billing
    information, including full name, address, state, zip code, telephone number, and valid
    payment information. Should automatic billing fail to occur for any reason, LifeCo will
    issue an electronic invoice indicating that Customer must make payment manually by a certain
    date, with the full payment corresponding to the billing period as indicated on the invoice.
    If the Subscription or Enhanced Service has been made through an In-app Purchase, all
    billing is handled by the Application Store and is governed by the Application Store’s terms
    and conditions.
  2. Fee Changes. LifeCo, in its sole discretion and at any time, may modify the
    Subscription fees and pricing for Enhanced Services. Any Subscription fee change will become
    effective at the end of the then-current Subscription period. LifeCo will provide Customer
    with reasonable notice of any change in Subscription fees to give Customer an opportunity to
    cancel its Subscription renewal before the change in fees becomes effective. Customer’s
    continued use of the Services after the Subscription fee change comes into effect
    constitutes Customer’s agreement to pay the modified Subscription fee amount.
  3. No Refunds. Except when required by law, Subscription fees are non-refundable.
  1. Application Store and In-app Purchases.
    1. Application Stores. LifeCo may make Subscriptions, Services and Enhanced Services
      available for purchase through a digital distribution service operated and developed by
      Apple Inc. (Apple App Store) or Google Inc. (Google Play Store) (each, an “Application Store”). Customer’s purchase of Subscriptions and/or Enhanced Services is referred to herein as
      an “In-app Purchase”). In-app Purchases are subject to the Application
      Store’s own terms and conditions.
    2. Non-Cancellable. In-app Purchases can only be consumed within the Services. If
      Customer makes an In-app Purchase, that In-app Purchase cannot be cancelled after the
      download is initiated. In-app Purchases cannot be redeemed for cash or other consideration
      or otherwise transferred.
    3. Application Store Terms. Customer acknowledges and agrees that all billing and
      transaction processes are handled by the Application Store from where it made the In-app
      Purchase and are governed by that Application Store’s own terms and conditions.
  2. Customer Content.
    1. Right to Post Content. The Services may allow Customer to post, upload, link, or
      otherwise make available content such as text, images, or other information
      (“Content”). Customer is responsible for the Content that it and its users
      provide to the Services, including its legality, reliability, and appropriateness. By
      posting Content to the Services, Customer grants LifeCo the right and license to use,
      modify, publicly perform, publicly display, reproduce, and distribute such Content on and
      through the Service. Customer retains any and all of its rights to any Content it submits,
      posts, or displays on or through the Services and Customer is responsible for protecting
      those rights. Customer agrees that this license includes the right for LifeCo to make
      Customer’s Content available to other users of the Services, who may also use Customer’s
      Content subject to these Terms.
    1. Content Restrictions. LifeCo is not responsible for the content of the Services’
      users. Customer expressly understands and agrees that Customer is solely responsible for the
      Content and for all activity that occurs under its account, whether done so by Customer or
      any third person using Customer’s account. Customer shall not transmit any Content that is
      unlawful, offensive, upsetting, intended to disgust, threatening, libelous, defamatory,
      obscene, deceptive, misleading, or otherwise objectionable. LifeCo reserves the right, but
      not the obligation, to, in its sole discretion, determine whether or not any Content is
      appropriate and complies with these Terms. LifeCo further reserves the right to make
      formatting and edits and change the manner of any Content. LifeCo can also limit or revoke
      the use of the Services if Customer posts such objectionable Content. As the LifeCo cannot
      control all content posted by users and/or third parties on the Services, Customer agrees to
      use the Services at its own risk. Customer understands that by using the Services it may be
      exposed to content that it may find offensive, indecent, incorrect or objectionable, and
      Customer agree that under no circumstances will LifeCo be liable in any way for any content,
      including any errors or omissions in any content, or any loss or damage of any kind incurred
      as a result of Customer’s use of any content.
    2. Content Backups. LifeCo does not guarantee there will be no loss or corruption of
      data. Corrupt or invalid backup points may be caused by, without limitation, Content that is
      corrupted prior to being backed up or that changes during the time a backup is performed.
      Customer will maintain a complete and accurate copy of any Content in a location independent
      of the Services.
  3. Proprietary Rights and Licenses.
    1. Reservation of Rights. Subject to the limited rights expressly granted hereunder,
      LifeCo and its licensors reserve all of their right, title, and interest in and to the
      Services, including all of their related intellectual property rights. No rights are granted
      to Customer other than as expressly set forth in these Terms.
    2. Permission to Use Services. Subject to Customer’s payment of the fees applicable to
      the Services, LifeCo grants to Customer a non-exclusive, non-transferable, non-
      sublicensable right to use the Services, and any user manuals, release notes, installation
      notes, and other materials (the “Documentation”) made available by LifeCo
      in connection with the Services and solely for Customer’s internal business operations, all
      subject to the terms and conditions of these Terms.
    3. License by Customer to Use Feedback. Customer grants to LifeCo and its affiliates a
      worldwide, non-exclusive, perpetual, irrevocable, royalty-free, transferable, sublicensable
      license to use and incorporate into the Services any suggestion, enhancement request,
      recommendation, correction, or other feedback provided by Customer relating to the Services.
      LifeCo will not be obligated to credit Customer for such feedback or hold any such feedback
      in confidence.
  4. Data.
    1. Processing of Customer Data. All information collected by LifeCo from Customer’s use
      of the Services, including Customer Data, is subject to the LifeCo privacy policy set forth
      at
      https://lifeconetwork.com/privacy-policy/</a >
      (the “Privacy Policy”). By using the Services, Customer consents to all
      actions taken by LifeCo with respect to its information in compliance with the Privacy
      Policy.
    2. Ownership  and  use  of  Customer  Data. Customer will retain ownership of Customer
      Data. Customer hereby grants to LifeCo and its Affiliates the royalty free, worldwide,
      non-exclusive right and license to use and disclose the Customer Data for any purpose,
      subject to the terms of our Privacy Policy.
    3. LifeCo Data. Notwithstanding anything to the contrary in the Agreement, LifeCo and
      its affiliates shall have the right to collect and analyze data and other information
      relating to the provision, use and performance of various aspects of the Services and
      related systems and technologies (including, without limitation, information concerning
      Customer Data and data derived therefrom) (“LifeCo Data”), and LifeCo and
      its affiliates will be free (during and after the Term) to (i) use LifeCo Data to improve
      and enhance the Services and for other development, diagnostic and corrective purposes in
      connection with the Services and other LifeCo offerings, and (ii) disclose LifeCo Data
      solely in aggregate or other de-identified form in connection with its business.
  5. ‌Disclaimers. THE SERVICES ARE PROVIDED ON AN “AS-IS” AND “AS AVAILABLE” BASIS. LIFECO DOES
    NOT MAKE ANY REPRESENTATION, WARRANTY OR GUARANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED,
    STATUTORY OR OTHERWISE, AND LIFECO DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING ANY IMPLIED
    WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY OR
    NON-INFRINGEMENT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. LIFECO DOES NOT REPRESENT
    OR WARRANT THAT (A) THE SERVICES OR DATA WILL BE CONTINUOUSLY AVAILABLE, ERROR-FREE, ACCURATE,
    COMPLETE OR COMPLETELY SECURE,
    >(B) MALICIOUS CODE WILL NOT BE TRANSMITTED TO CUSTOMER IN USE OF THE SERVICES, (C) ALL DEFECTS
    IN THE SERVICES OR OUTPUT OF THE SERVICES WILL BE CORRECTED, (D) THE SERVICES OR OUTPUT OF THE
    SERVICES WILL MEET CUSTOMER’S REQUIREMENTS OR EXPECTATIONS, OR (E) CUSTOMER WILL ACHIEVE ANY
    PARTICULAR RESULT. ANY USE OR RELIANCE UPON THE SERVICES OR THE OUTPUT OF THE SERVICES BY
    CUSTOMER SHALL BE AT ITS OWN RISK. LIFECO WILL NOT BE LIABLE IN ANY WAY RELATED TO ANY NON-
    LIFECO APPLICATION OR ANY THIRD-PARTY CONTENT OR DATA. TO THE FULLEST EXTENT PROVIDED BY LAW,
    LIFECO WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE
    ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT CUSTOMER’S COMPUTER
    EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO CUSTOMER’S USE OF THE
    SERVICES OR ANY ITEMS OBTAINED THROUGH THE SERVICES OR CUSTOMER DOWNLOADING OF ANY MATERIAL
    PROVIDED BY THE SERVICES. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED
    OR LIMITED UNDER APPLICABLE LAW.
  6. Infringement Claims.
    1. Indemnification. LifeCo shall defend Customer from and against any claim by a
      third-party alleging that the Services infringe any intellectual property or other right of
      such party and indemnify Customer from any damages, liabilities, costs and expenses finally
      awarded by the court to the third-party claiming the infringement or agreed to by LifeCo in
      a settlement with the third-party, provided that Customer promptly notifies LifeCo of the
      claim (with relief only being afforded to the extent any delay prejudices LifeCo defense of
      the claim), gives LifeCo sole control over the defense and settlement of the claim, and
      gives LifeCo information and assistance reasonably required by LifeCo to defend or settle
      the claim. Notwithstanding the foregoing, LifeCo will not indemnify the Customer to the
      extent the claim results from (i) alteration of the Service or use of the Service in a
      manner inconsistent with these Terms any applicable documentation or directives by LifeCo or
      its affiliates, (ii) use of a version of the Service that has been superseded if the
      infringement could have been avoided by using a more current version of the Service made
      available to Customer, or (iii) combination of the Service with products or Services not
      provided by LifeCo or expressly contemplated by the Documentation.
    1. Remediation of Infringement Claims. If LifeCo believes or it is determined that the
      Service may have violated a third-party’s intellectual property rights, LifeCo may choose to
      either modify the Service to be non-infringing (while substantially preserving its utility
      or functionality) or obtain a license to allow for continued use, or if these alternatives
      are not commercially reasonable, LifeCo may terminate the affected Service(s) and refund any
      unused, prepaid fees Customer may have paid for the terminated Service(s).
    2. Exclusive Remedy. This Section 9 states LifeCo sole liability, and the Customer’s
      exclusive remedy, for any type of third-party claim described in this Section 9.
  7. ‌OTHER THIRD-PARTY CLAIMS. Customer will defend, indemnify, and hold LifeCo, its affiliates,
    and their respective employees, officers, directors, and representatives against any damages,
    losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising from
    or related to any third-party claim that arises from Customer’s use of the Services to provide
    services or interact with potential insureds or any other person or entity or any dispute
    between Customer and a potential insured or any other person or entity.
  8. LIMITATION OF LIABILITY AND CLAIMS.
    1. LIMITATION OF LIABILITY. LIFECO WILL NOT BE LIABLE UNDER THESE TERMS FOR ANY LOST
      INCOME OR LOST PROFITS OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, COVER OR PUNITIVE
      DAMAGES, WHETHER FOR TORT (INCLUDING NEGLIGENCE), CONTRACT, BREACH OF WARRANTY OR ANY OTHER
      CAUSE OF ACTION OR THEORY OF LIABILITY, WHETHER OR NOT FORESEEABLE AND HOWEVER RISING, AND
      EVEN LIFECO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; AND (2) LIFECO’S AGGREGATE
      LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS, WHETHER FOR TORT (INCLUDING NEGLIGENCE),
      CONTRACT, BREACH OF WARRANTY OR ANY OTHER CAUSE OF ACTION OR THEORY OF LIABILITY, WILL NOT
      EXCEED THE GREATER OF (1) AMOUNT CUSTOMER PAID TO LIFECO FOR THE APPLICABLE SERVICES TO
      WHICH THE CLAIM RELATES IN THE 6 MONTHS PRECEDING THE EVENT FIRST GIVING RISE TO THE CLAIM
      OR (2) $100. THE LIMITATIONS HEREIN WILL APPLY EVEN IF A REMEDY FAILS OF ITS ESSENTIAL
      PURPOSE. CUSTOMER ACKNOWLEDGES AND AGREES THAT THE LIMITATIONS HEREIN ARE REASONABLE AND A
      BASIS OF THE BARGAIN, AND THAT LIFECO WOULD NOT ENTER INTO THESE TERMS WITHOUT CUSTOMER’S
      AGREEMENT TO SUCH LIMITATIONS.
    2. LIMITATION ON TIME TO FILE CLAIMS. A PARTY MUST FILE ANY CLAIM ARISING FROM OR
      RELATED TO THESE TERMS WITHIN ONE (1) YEAR AFTER THE CLAIM AROSE, OR THE CLAIM WILL BE
      FORFEITED AND FOREVER BARRED.
  9. Term and Termination.
    1. Termination. LifeCo has the right to terminate or suspend Customer’s access to the
      Services for any or no reason, including without limitation, any violation of these Terms.
    2. Effects of Termination; Surviving Provisions. Termination of these Terms will not
      relieve Customer of its obligation to pay any fees owed to LifeCo prior to the effective
      date of termination. Customer’s right to use the Services will terminate immediately and
      automatically upon termination. The following Sections will survive any termination or
      expiration of these Terms: 7, 8, 9.1, 9.3, 10, 11, 12, 13, 14, 15.4, and 16.
  10. General Provisions.
    1. Changes to Terms. LifeCo may revise and update these Terms from time to time in its
      sole discretion. All changes are effective immediately when LifeCo posts them on this
      website or as part of the Documentation. Customer’s continued use of the Services following
      the posting of revised Terms means that Customer accepts and agrees to the changes. Customer
      is expected to check this page each time it accesses the Services so that Customer is aware
      of any changes, as they are binding on Customer.
    2. United States Legal Compliance. Customer represents and warrants that (i) Customer
      is not located in a country that is subject to the United States government embargo, or that
      has been designated by the United States government as a “terrorist supporting” country and
      (ii) Customer is not listed on any United States government list of prohibited or restricted
      parties.
    3. Entire Agreement. These Terms contain the entire agreement between LifeCo and
      Customer regarding LifeCo’s provision of, and Customer’s receipt and use of, the Services,
      and supersede all prior and contemporaneous agreements, proposals, or representations,
      written or oral, concerning their subject matter.
    1. Assignment. Customer may not assign these Terms or any right or obligation under
      these Terms, directly, indirectly, by operation of law or otherwise, without the prior
      written consent of LifeCo. Any attempted assignment in violation of the foregoing shall be
      void and of no force or effect. The Terms herein shall be binding upon and inure to the
      benefit of the permitted successor and assigns of each party.
    2. Relationship. The parties are independent contractors. These Terms do not create a
      partnership, joint venture, agency, or employment relationship between the parties.
    3. Use of Name. LifeCo may use Customer’s name and logo on its website and in marketing
      and promotional materials provided it adheres to any format and use guidelines provided by
      Customer.
    4. Third-Party Beneficiaries. There are no third-party beneficiaries of these Terms.
    5. Injunctive  Relief. A party’s breach of these Terms related to confidential
      information or intellectual property rights would cause the non-breaching party irreparable
      harm for which the recovery of money damages would be inadequate. Therefore, if a party
      breaches or threatens to breach these Terms related to the other party’s confidential
      Information or intellectual property rights, the non-breaching party will be entitled to
      obtain injunctive relief, without the need to post a bond or prove actual monetary damages,
      to protect its rights under these Terms, in addition to any and all remedies available at
      law.
    6. Waiver. No failure or delay by either party in exercising any right under these
      Terms will constitute a waiver of that right. A party can enforce a waiver only if the other
      party made the waiver in writing.
    7. Severability. If any provision of these Terms is held by a court of competent
      jurisdiction to be contrary to law, the provision will be reformed to the nearest
      enforceable provision (or deemed severed from these Terms if that is impermissible), and the
      remaining provisions of these Terms will remain in effect.
    8. Construction. These Terms will not be construed against the drafter. Lists following
      “include,” “includes” or “include” are illustrative and not exhaustive.
    9. Force Majeure. LifeCo’s non-performance under these Terms will be excused to the
      extent due to a cause beyond its reasonable control.
    10. Dispute Resolution. If Customer has any concern or dispute about the Services,
      Customer agrees to first try to resolve the dispute informally by contacting LifeCo.
    11. Governing Law; Venue. These Terms, and all obligations resulting here from, and all
      claims or causes of action arising from or related hereto (regardless of form) shall be
      construed and enforced in accordance with and governed by the laws of the State of
      California, USA, without giving effect to any principle of law that would cause the
      application of the law of any other jurisdiction. In the event of any legal action to
      enforce or interpret these Terms or any claims or causes of action related to these Terms or
      the Services, the sole and exclusive venue shall be a U.S. federal or state court of
      competent jurisdiction located in Sacramento, Sacramento County, California, and Customer
      agrees to submit to the jurisdiction of such courts. Furthermore, Customer agrees to waive
      any and all rights to request that an action be transferred for adjudication to another
      court, city, or county.

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