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Terms of Use

Last Modified: May 2024

Please read these Terms of Use ("Terms") carefully before using the website, its service platform ("Producer Platform"), and any associated software or services (collectively, the "Website"). By checking the box, clicking "I agree," or using the Website, you agree that you have read and agree to these Terms. Your use of the Website is expressly conditioned on you, and any individual selling, soliciting, or negotiating insurance products on your behalf ("Sub-Producer"), agreeing to all of the terms and conditions of this agreement. These Terms are a legal contract between you and us concerning your use of the Website. If you, or any Sub-Producer, do not agree to all of these terms, do not use the Website. By accessing or using the Website, you certify that you are at least 18 years of age, reside in the United States, and that, if you are accepting this agreement on behalf of a company or other legal entity, you have the authority to do so, in which case the Term "you" and "your" refers to such entity. 

We will provide you with use of the Website, including a browser interface and data encryption, transmission, access, and storage. Your registration for, or use of, the Website shall confirm your (1) agreement to abide by these Terms, including any incorporated by reference herein, and (2) acceptance of Simplicity LifeLink™’s privacy and security policies. 

  1. Accessing the Website; Registration. You must be at least 18 years old to use this Website. We reserve the right to withdraw or amend this Website, and any service or content we provide on the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. Simplicity LifeLink™ does not warrant that the Website will be compatible with all browsers, operating systems, hardware and software, or that the Website will meet your requirements.
    From time to time, we may restrict access to some parts of the Website, or the entire Website, to users, including registered users.
    To access the Website or resources it offers, you may be asked to provide certain registration details or other information. You agree to provide us with correct, current, and complete information about you as prompted by the registration process on this Website or otherwise, including but not limited to through the use of any interactive features on the Website, and you agree to regularly update this information to maintain its accuracy and completeness. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Website.
    If you create or are provided with a user name, password, or other information as part of our security procedures ("Credentials"), you must treat your Credentials as confidential, and you must not disclose them, or otherwise provide access to this Website or portions of it, to any other person or entity, including any Sub-Producer. Each Sub-Producer must create its own account. You are solely responsible for all uses of your Credentials, including, but not limited to, any account activity or transactions conducted through the use of your Credentials, whether or not authorized by you. You agree to notify us immediately of any unauthorized access to or use of your Credentials or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your Credentials or other personal information.
    We have the right to disable any user name, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, we suspect you have violated any provision of these Terms. 
  2. Service Updates. From time to time, Simplcity LifeLink may provide upgrades, patches, enhancements, or fixes for the Services to its customers generally without additional charge ("Updates"), and such Updates become part of the Website and subject to these Terms. Simplcity LifeLink does not, however, have any obligation under these Terms to provide such Updates. 
  3. Internet Delays. The Service may be subject to limitations, delays, and other problems inherent in the use of the internet and electronic communications. We are not responsible for any delays, delivery failures, or other damage resulting from such problems. 
  4. Insurance Products. Eligible individuals may apply for insurance products through the Website. Insurance products are underwritten and issued by Simplicity LifeLink™ Carriers. Insurance products are only available to people in those jurisdictions in which they may be legally sold. Specifically, products are not available in New York.
    By working with an individual to apply for insurance products through the Website, you are acting as a licensed insurance producer. We will provide you with educational information and quotes, which may be created by affiliates or third parties, and will provide administrative and other services with respect to the insurance product purchased through the Website. You understand that, if you are a Simplicity LifeLink™ user,, we will be compensated based upon insurance product(s) purchased through the Website and in accordance with the Producer Affiliation Contract and the Rules.
    Approval of insurance applications is not guaranteed and is subject to acceptance by Simplicity LifeLink™ Carriers, based on its underwriting guidelines. If any term or condition of these Terms differs from the terms and conditions of the insurance product, the contract provisions of the insurance product will control.
    If you have a complaint about any insurance product offered through the Website, you may report your complaint to the insurance regulator in the state you purchased your insurance product, but we would appreciate the opportunity to resolve your complaint first. Please contact us at LifeLinkSupport@simplicitygroup.com. Contact information for state insurance regulators in the United States is available at www.naic.org. 
  5. Reliance for Financial Decisions. The Website does not, and is not intended to, provide any financial, investment, retirement planning, insurance, legal, accounting, or tax advice, nor does it create any fiduciary relationship. We do not guarantee the accuracy, completeness, or usefulness of this information to your customers' specific financial circumstances. All products and services are subject to the terms and conditions of the applicable agreements. 
  6. Third Party Content and Links. This Website may include links to, or content provided by, third parties, including third-party licensors, syndicators, aggregators, and/or reporting services. For example, during use of the Website, you may enter into correspondence with, purchase goods and/or services from, or participate in promotions of advertisers or sponsors showing their goods and/or services through the Website, or you may see links containing advertisements. Such links are provided only for your convenience. We have no control over those other parties, or their websites, services, content, or how they may use your data, and we accept no responsibility for them or for any loss or damage that may arise from your use of them. We are not responsible, and assume no liability to you or any third party, for content provided by any third party or any related correspondence, purchase, or promotion. We are not responsible for the accuracy or completeness of any such content and we reserve the right, in our sole discretion, to remove any such content at any time. We do not endorse any external sites that are linked through the Website. If you decide to access any of the other party websites or services via a link from this Website, or otherwise interact with such parties, you do so entirely at your own risk and subject to the terms and conditions of use and privacy policies, where applicable, for such websites and services. Any activity, and any terms, conditions, warranties or representations associated with such activity, is solely between you and the applicable third-party. 
  7. Collection and Use of Personal Information. All information is handled in accordance with our Privacy Policy. By using the Website, you consent to our handling your data, and that of any individual you provide, in compliance with our Privacy Policy. You should only provide personal information where specifically requested within the Website. You are responsible for the personal information that you enter or transmit on the Website. You are fully responsible for ensuring that you restrict entry of personal information only to the portions of the Website intended to collect that information. You are fully responsible for ensuring that personal information you submit is accurate, current, and complete; that you submit only your own personal information or have obtained permission from the owner of personal information you submit on that owner's behalf; and that you and anyone whose personal information you submit are over the age of eighteen (18). If we learn we have collected personal information from a child under 13, we will delete that information. 
  8. Intellectual Property Rights. Subject to your compliance with these Terms, we grant you a nonexclusive, limited, personal, nonsublicensable, nontransferable right and license to access and use the Website, only for your personal and internal business purposes as provided herein, for services such as: submitting life insurance and annuity applications, case communication, policy management and commission management. Any other use requires our written permission. These Terms do not constitute a sale and do not convey to you any rights of ownership in or related to the Website, our technology, or any intellectual property rights owned by Simplicity LifeLink™. We reserve all of our rights in and to such property, and will actively and aggressively enforce our intellectual property rights to the fullest extent of the law. The Website and its entire contents, features, technology, services, and functionality (including but not limited to all information, logos, service marks, trademarks, product and service names, designs, slogans, software, text, displays, images, "look and feel" attributes, video, audio, and the design, selection, and arrangement thereof, as well as any suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by you or any other party relating to the Website), are owned by Simplicity LifeLink™, its licensors, or other providers of such content, and are protected by United States and/or international copyright, trademark, patent, trade secret, and/or other intellectual property or proprietary rights laws. All rights not expressly granted to you are reserved by Simplicity LifeLink™ and its licensors. 
  9. Your Responsibilities. You are responsible for: (i) making all arrangements necessary to access the Website; (ii) ensuring that all persons who access the Website through your Internet connection are aware of, and comply with, these Terms and all applicable local, state, national and foreign laws, treaties and regulations in connection with your and their use of the Website, including those related to data privacy, international communications, export laws, and the transmission of technical or personal data; (iii) notifying Simplicity LifeLink™ immediately of any unauthorized use of any Credentials or account, any other known or suspected breach of security, or if you detect or discover any issues or failures regarding the operation, function, availability, or security of the Website, by emailing info@simplicitylifelinkmail.com; and (iv) reporting to Simplicity LifeLink™ immediately, and using reasonable efforts to stop immediately, any copying or distribution of Website content that is known or suspected by you to violate these Terms.
    Except as expressly set forth in these Terms, you shall not, and shall not permit any third party to, directly or indirectly: (i) access the Website for purposes of monitoring its availability, performance, or functionality, or for any other benchmarking or competitive purposes; (ii) license, sublicense, sell, resell, transfer, assign, distribute, or other commercially exploit or make available to any third party the Website or its content except that you may use the Website's tools to assist individuals with purchases made through the Website; (iii) create Internet "links" to the Website or "frame" or "mirror" any content on any other server or wireless or Internet-based device; (iv) transmit or procure the sending of any unsolicited advertising or promotional material, including any "junk mail," "chain letter," "spam," or similar duplicative or unsolicited messages in violation of applicable laws; (v) send or store infringing, obscene, threatening, libelous, or otherwise unlawful or tortious material, including material harmful to children or otherwise conflict with third party privacy rights; (vi) send, store, or place on the Website any material containing software cookies, spyware, robots, viruses, worms, Trojan horses, or other harmful computer code, files, scripts, agents or programs; (vii) interfere with the operation of the Website, the server(s) on which the Website are stored, or any associated server, computer, or database, or others' enjoyment or use of the same; (viii) attempt to gain unauthorized access to the Website or its related systems, networks, data, or information; (ix) copy any portion of the Website or use any tool, device, or process (manual or automatic) to gather, extract, monitor, or copy any information contained within the Website; (x) send, expose, disclose, reveal, or share nonpublic private information through the Website without the express written consent of the owner of the information; (xi) remove, alter, or conceal any proprietary notices or labels from the Website or any portion thereof; (xii) modify, create derivative works, translate, reverse engineer, decompile, hack, disassemble, or in any way exploit the Website, or any contents or any other elements contained or offered by the Website in order to (a) build a competitive product or service, (b) build a product using similar ideas, features, functions or graphics of the Website, (c) copy any ideas, features, functions or graphics of the Website, or (d) attempt to discover the source code, object code, or underlying structure, ideas, or algorithms of the Website (except to the extent applicable laws specifically prohibit such restriction); (xiii) access, create, or modify source code of the Website in any way; (xiv) use the Website to exploit or harm, or attempt to exploit or harm, Simplicity LifeLink™ or others; (xv) conduct or forward surveys, contests, pyramid schemes, or chain letters; (xvi) impersonate or attempt to impersonate Simplicity LifeLink™, its employees, or anyone else; (xvii) engage in any other conduct that we, in our sole discretion, determine may harm Simplicity LifeLink™ or users of the Website, or expose Simplicity LifeLink™ or them to liability; (xviii) use any robot, spider, or other automatic devise, process, or means to access the Website for any purpose, including monitoring or copying any material from the Website; (xiv) use the Website in a manner that violates any third party intellectual property, contractual or other proprietary rights; or (xv) copy, rent, lease, distribute, pledge, assign, or otherwise transfer or encumber rights to the Website.
    You may not access the Website if you are a direct competitor of Simplicity LifeLink™, except with . prior written consent. You are responsible for all of your activity in connection with the Website, including but not limited to uploading Customer Data (as defined in section 11 below) onto the Website.
    If you violate any of the terms of this Section, your permission to use the Website automatically terminates. 
  10. Feedback. You may provide suggestions, comments, or other feedback to us with respect to the Website ("Feedback"). Feedback, even if you designate it as confidential, shall not create any confidentiality obligation for us. You grant us a nonexclusive, worldwide, perpetual, irrevocable, transferable, sublicensable, royalty-free, fully paid up license to use and exploit the Feedback for any purpose. 
  11. Customer Data. For purposes of these Terms, "Customer Data" shall mean any data, information or other material provided, uploaded, or submitted by you or your customer in the course of using the Website. You shall retain all right, title and interest in and to the Customer Data. Simplicity LifeLink™ does not own any data, information, or material that you submit in the course of using the Website, even if it is stored on servers owned or licensed by Simplicity LifeLink™ ("Customer Data"). You, not Simplicity LifeLink™, shall have sole responsibility for the accuracy, quality, integrity, legality, reliability, appropriateness, and intellectual property ownership or right to use of all Customer Data, and Simplicity LifeLink™ shall not be responsible or liable for the deletion, correction, destruction, damage, loss or failure to store any Customer Data. Simplicity LifeLink™ reserves the right to withhold, remove and/or discard Customer Data without notice for any breach, including, without limitation, your delinquent indebtedness.
    You agree and acknowledge that you may lose access to Customer Data stored on the Website if your account becomes inactive. Simplicity LifeLink™ shall have no obligation to you to maintain or forward any Customer Data.
    Notwithstanding anything to the contrary, you acknowledge and agree that Simplicity LifeLink™ and its vendors and contractors may use, retain, or analyze Customer Data (i) to operate and administer the Website; or (2) on an aggregate or anonymized basis for general business purposes. 
  12. Website Security. We use commercially reasonable efforts to maintain the security and integrity of the Website and the Customer Data. However, we cannot and do not guarantee that files you download will be free of viruses or other harmful code, or that our efforts to keep the data and information you provide us will be successful to avoid any unauthorized use, access, processing, destruction, loss, alteration, or disclosure. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our Website for any reconstruction of any lost data. In the event that any data or information under our control is compromised as a result of a breach of security, we will investigate the situation and act in accordance with any applicable laws and regulations. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY ANY VIRUS OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR THROUGH YOUR DOWNLOADING OF ANY CONTENT POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
    We are not responsible for unauthorized access to Customer Data or the unauthorized use of the Website unless such access is due to our gross negligence or willful misconduct. You are responsible for the use of the Website by any person to whom you give access to the Website, even if you did not authorize such use. 
  13. Third Party Services. You acknowledge and agree that the Website may operate on, with or using application programming interfaces (APIs) and/or other services operated or provided by third parties ("Third Party Services"), including without limitation through integrations or connectors to such Third Party Services that are provided by us. You agree to be bound by the terms of the third parties providing the Third Party Services ("Third Party Terms"). These Third Party Terms can be found below. You agree to accept these Third Party Terms and complete any required forms for facilitating the use of these Third Party Services. We are not responsible for the operation of any Third Party Services nor the availability or operation of the Website to the extent such availability and operation is dependent upon Third Party Services. You are solely responsible for procuring any and all rights necessary to access Third Party Services (including any Customer Data or other information relating thereto) and for complying with any applicable terms or conditions thereof. We do not make any representations or warranties with respect to Third Party Services or any third party providers. Any exchange of data or other interaction between you and a third party provider is solely between you and such third party provider and is governed by such third party's terms and conditions. Please click below for select Third Party Terms. From time to time, other Third Party Terms may be added or removed. 
    HubSpot 
    NIPR Privacy Policy 
    NIPR FCRA Disclosure 
    You expressly authorize Simplicity LifeLink™ and its partners to receive, process and electronically transmit your producer and/or agency license applications, appointments, appointment terminations, and license and appointment renewals for participating state insurance departments. 
  14. Geographic Restrictions. The owner of the Website is based in the State of New Jersey in the United States. This Website is for use only by persons or entities located in the United States and in those states in which we may conduct insurance business. We make no claims that the Website or any of its content is accessible or appropriate outside of the United States or in states in which we may not conduct insurance business. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws. The insurance products on this Website are not available in New York. 
  15. Non-Payment and Suspension. Simplicity LifeLink™ reserves the right to suspend or terminate your access to the Website. We also reserve the right to impose a reconnection fee if your account is suspended and you thereafter request access to the Website. We have no obligation to provide you access to Customer Data beyond as provided in section 11. 
  16. Term; Termination. These Terms commence upon your acceptance of them by using or registering for the Website or otherwise expressing your consent, whichever is sooner. Simplicity LifeLink™ may suspend or terminate an account at any time in its sole discretion. Upon any such termination or suspension, you continue to be bound by these Terms. Any use of the Website not expressly permitted by these Terms, any breach of your payment obligations, or unauthorized use of the Website, is a material breach of these Terms and may be illegal. All provisions of these Terms which by their nature should survive termination shall survive termination, including, without limitation, accrued indebtedness obligations, ownership provisions, warranty disclaimers, indemnity and limitations of liability, and arbitration provisions. In the event your right to use the Service is terminated, you agree and acknowledge that Simplicity LifeLink™ may suspend or terminate your access to Customer Data as provided in section 11. 
  17. Indemnification. To the fullest extent allowed by applicable law, you agree to indemnify and hold harmless Simplicity LifeLink™, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, affiliates, licensors, suppliers, service providers, successors, and assigns (the " Simplicity LifeLink™ Parties") from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of the Website, including, but not limited to, any use of the Website's content, services, and products other than as expressly authorized in these Terms, claims related to Customer Data, or your use of any information obtained from the Website. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you shall not in any event settle any such claim or matter without our prior written consent. 
  18. Disclaimers. YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS, IMPLIED, OR STATUTORY. NEITHER Simplicity LifeLink™ NOR ANY INDIVIDUALS OR PERSONS ASSOCIATED WITH Simplicity LifeLink™ MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER Simplicity LifeLink™ NOR ANYONE ASSOCIATED WITH Simplicity LifeLink™ REPRESENTS OR WARRANTS, OR MAKES ANY OTHER COMMITMENT, THAT: (1) THE WEBSITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED; (2) DEFECTS WILL BE CORRECTED; (3) THE SERVICE WILL OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM, OR DATA; (4) OUR WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (5) THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
    TO THE FULLEST EXTENT PROVIDED BY LAW, Simplicity LifeLink™ HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, QUALITY, FITNESS FOR A PARTICULAR PURPOSE, IMPLIED WARRANTIES OF TITLE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE, USAGE OF TRADE, OR COURSE OF DEALING, ALL OF WHICH ARE EXPRESSLY DISCLAIMED.
    THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. 
  19. Limitation of Liability. To the fullest extent permitted by law, you and Simplicity LifeLink™ each agree to limit claims for damages or other monetary relief against each other to direct and actual damages or statutory damages, regardless of the theory of liability. This means that neither you nor Simplicity LifeLink™ will seek any indirect, special, consequential, treble, or punitive damages from the other. This limitation and waiver also applies to any claims you may bring against any other party to the extent that Simplicity LifeLink™ would be required to indemnify that party for such claim. You agree Simplicity LifeLink™ is not liable for problems caused by you or a third party, or by any act of nature.
    TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL Simplicity LifeLink™, ITS AFFILIATES, PARTNERS, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY WITH RESPECT TO THE SUBJECT MATTER OF THESE TERMS (I) FOR ANY LOST PROFITS, DATA LOSS, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, SUBSTITUTE GOODS OR SERVICES (HOWEVER ARISING) or (II) FOR ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE (REGARDLESS OF THE SOURCE OF ORIGINATION). In no event shall we be liable for any losses or damages incurred as a result of a third party's use of your Credentials, whether or not such use is with your knowledge or consent.
    Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for damages, so some of the above exclusions or limitations of liability may not apply to you. THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
    To the extent that Simplicity LifeLink™ may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of Simplicity LifeLink™ 's liability shall be the minimum permitted under such applicable law, and its aggregate liability under such circumstances for liabilities that otherwise would have been limited shall not exceed one thousand dollars ($1,000). 
  20. Notice. All notices under these Terms shall be in writing and provided as set forth in this paragraph. Simplicity LifeLink™ may give notice by means of a general notice on the Website, electronic mail to your e-mail address on record in your account information, or by written communication sent by first class mail or pre-paid post to your address on record. Such notice shall be deemed to have been given upon the expiration of 48 hours after domestic mailing or posting (if sent by first class mail or pre-paid post) or 12 hours after sending (if sent by email). You may give notice to us (such notice shall be deemed given when received by us) at any time by any of the following: letter sent by nationally recognized overnight delivery service or first class postage prepaid mail to Simplicity LifeLink™, Inc., 86 Summit Ave. #303, Summit, NJ 07901 
  21. Contact. If you have any questions or want to request information related to these Terms, please contact us by email at LifeLinkSupport@simplicitygroup.com or via the in-platform chat feature (if available). 
  22. Dispute Resolution: Mandatory Arbitration and Class Action Waiver. You and we agree that any disputes arising out of, or relating to, these Terms including statutory, contractual and or common law claims, shall be arbitrated in Warren, New Jersey, in accordance with the rules of the American Arbitration Association and the Federal Arbitration Act. Arbitration may be initiated only after the party requesting arbitration has given the other party (i) at least thirty (30) days prior written notice of its intent to initiate arbitration, and (ii) a detailed description of the basis of the dispute. A single arbitrator (or in any matter in which the amount in controversy exceeds $100,000, a panel of three arbitrators) shall interpret these Terms in accordance with New Jersey law, without resort to conflicts of law rules and shall conduct proceedings in accordance with the Federal Rules of Civil Procedure. Each side will bear their own attorneys' fees and costs. Any award of the arbitrator(s) shall be deemed final and binding on the parties, and judgment upon any such award may be entered and enforced in any New Jersey District Court and may be transferred to any other jurisdiction.
    After consultation with counsel, you and we knowingly waive any right to civil litigation including the right to a trial by jury. For any claim where equitable relief would be appropriate, nothing in these Terms prohibits either party from seeking any provisional remedy, including but not limited to, a temporary restraining order and preliminary injunction from a court of competent jurisdiction. The parties' entitlement to any permanent injunctions or other relief available in a final judgment, however, shall be submitted to arbitration. You and we agree that any arbitration will be conducted on an individual basis and not on a consolidated, class wide, or representative basis. Further, you and we agree that the arbitrator may not consolidate proceedings or consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding. Each party waives the right to litigate in court or arbitrate any claim or dispute as a class action, either as a member of a class or as a representative, or to act as a private attorney general. If there is a final judicial determination that applicable law precludes enforcement of this paragraph's limitations as to a particular claim for relief, then that claim (and only that claim) must be severed from the arbitration and may be brought in court. 
  23. Governing Law, Jurisdiction, and Venue. All matters relating to the Website and these Terms and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the state law of the State of New Jersey and controlling federal law, without giving effect to any choice or conflict of law provision or rule. If the arbitration provisions in these Terms are waived or unenforceable, you and Simplicity LifeLink™: (i) agree that the New Jersey state court for Somerset County or the United States District Court for the District of New Jersey shall have exclusive jurisdiction over any disputes that may arise from or with respect to this Agreement; (ii) consent to subject matter and personal jurisdiction in New Jersey; and (iii) agree that proper venue exists therein. 
  24. Waiver and Severability. No waiver by us of any term or condition set out in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of ours to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.
    If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, unconscionable, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect. 
  25. Assignment. Your right to use the Website is not assignable. Any purported assignment in violation of this section shall be void. We may utilize subcontractors to perform our obligations hereunder. No agency, partnership, joint venture, or employment relationship is created as a result of these Terms and neither party has any authority of any kind to bind the other in any respect. You agree not to hold yourself out as a representative, agent, or employee of Simplicity LifeLink™, and that we shall not be liable for any representation, act, or omission by you. 
  26. Entire Agreement. These Terms and our Privacy Policy constitute the sole and entire agreement between you and Simplicity LifeLink™ regarding use of the Website and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding use of the Website. 
  27. General Provisions. These Terms will be binding on, inure to the benefit of, and be enforceable against you and us and their respective successors and assigns. Neither the course of conduct between you and us nor trade practice shall act to modify any provision of these Terms. All rights not expressly granted herein are hereby reserved. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. 
  28. Changes to the Terms of Use. You are responsible for regularly reviewing these Terms. We may revise and update these Terms from time to time in our sole discretion. All changes are effective immediately when we post them and apply to all access to and use of the Website thereafter. By continuing to access and use the Website following the posting of revised Terms of Use, or by otherwise agreeing to them by, for example, clicking "I agree" or similar, you accept and agree to the changes. 
  29. Permission to Contact Via Email. When you give us your email address, you are giving us permission to contact you through the contact information you provide. You represent to us that you are the subscriber of the email address you provide to us and that we can contact you. Your consent allows us to contact you for any purpose, including to assist you with an application(s), service your account, or provide you with marketing offers or promotions regarding our products or services and education/ideas that might interest you. You may change your preferences at any time by logging into helloplum.com. 
  30. Express Written Consent to Call. By agreeing to these Terms, you expressly consent to and authorize Simplicity LifeLink™ and Simplicity LifeLink™ Carriers, and their affiliates, agents, and its third-party representatives, to use written, electronic, or verbal means to contact you for any reason, including regarding information about services and products, reminders, confirmations, and marketing of any kind, including offers, solicitations, and promotions. This express written consent includes but is not limited to contact by manual calling methods, prerecorded or artificial voice messages, text messages, emails, and/or automatic telephone dialing systems. You agree that Simplicity LifeLink™ and Simplicity LifeLink™ Carriers, and their affiliates, agents, and third-party representatives, may, now or in the future, use any email address or telephone number you provide to them to contact you for any reason, regardless of whether you incur charges as a result. You expressly agree that such consent is a material condition of any agreement with Simplicity LifeLink™ or Simplicity LifeLink™ Carriers and may not be revoked at any time for any reason. 
  31. Circumstances Beyond Control. Neither party shall be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond such party's reasonable control, including, without limitation, the elements; fire; flood; severe weather; earthquake; vandalism; accidents; sabotage; power failure; denial of service attacks or similar attacks; Internet failure; acts of God and the public enemy; acts of war; acts of terrorism; riots; civil or public disturbances; strikes lock-outs or labor disruptions; any laws, orders, rules, regulations, acts or restraints of any government or governmental body or authority, civil or military, including the orders and judgments of courts. 
  32. Simplicity LifeLink™ Carriers. "Simplicity LifeLink™ Carriers" are: Savings Bank Mutual Life Insurance Company of Massachusetts, which in Connecticut, is doing business as Centrian Life Insurance Company.