Last Updated: July 20, 2026
1. IMPORTANT LEGAL NOTICE
These Terms and Conditions and Consent Agreement, collectively, the “Terms,” constitute a legally binding agreement between Ruth Anne Clarke, an individual insurance producer, and each person who accesses, views, downloads, submits information through, purchases from, schedules a consultation through, communicates with, or otherwise uses any website, landing page, advertisement, form, webinar, guide, ebook, checklist, consultation, educational resource, communication channel, or service operated or provided by Ruth Anne Clarke.
PLEASE READ THESE TERMS CAREFULLY. THESE TERMS CONTAIN AN AGREEMENT TO RESOLVE MOST DISPUTES THROUGH BINDING INDIVIDUAL ARBITRATION, A WAIVER OF THE RIGHT TO A JURY TRIAL, AND A WAIVER OF THE RIGHT TO PARTICIPATE IN A CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE ACTION.
By accessing or using the Services, submitting a form, requesting information, downloading educational materials, registering for a webinar, scheduling a consultation, purchasing any product or service, checking a consent box, electronically signing a form, or otherwise indicating acceptance, you acknowledge that you have read, understood, and agreed to be bound by these Terms.
If you do not agree to these Terms, you must not access, submit information through, purchase from, or use the Services.
Nothing in these Terms limits any nonwaivable right or remedy available to a consumer under applicable federal or state law.
2. PARTIES AND DEFINITIONS
2.1 Company
For purposes of these Terms, “Company,” “Ruth Anne Clarke,” “we,” “us,” and “our” mean Ruth Anne Clarke, individually and in her capacity as an insurance producer, together with her authorized contractors, employees, representatives, vendors, communication providers, technology providers, successors, and permitted assigns, as applicable.
2.2 User
“User,” “you,” and “your” mean any individual or entity that accesses or uses the Services, submits information to the Company, registers for an event, downloads Content, schedules a consultation, communicates with the Company, or purchases a product or service.
2.3 Services
“Services” means the websites, landing pages, advertisements, online forms, free guides, ebooks, reports, webinars, checklists, consultations, educational materials, informational products, insurance-related information, marketing communications, and other services or resources made available by or on behalf of the Company.
2.4 Content
“Content” means all text, graphics, videos, audio recordings, presentations, webinars, forms, worksheets, guides, ebooks, checklists, illustrations, concepts, processes, systems, frameworks, methodologies, documents, designs, photographs, advertisements, software elements, and other materials provided through the Services.
2.5 Insurance Products
“Insurance Products” means life insurance policies, riders, annuities, or other insurance products that may be discussed, illustrated, applied for, or offered through an appropriately licensed insurance producer and an issuing insurance company.
2.6 Carrier
“Carrier” means an insurance company that issues, underwrites, administers, or services an Insurance Product.
3. ELIGIBILITY AND AUTHORITY
You must be at least eighteen years of age and possess the legal capacity to enter into a binding contract to use the Services.
By using the Services, you represent and warrant that:
You are at least eighteen years of age;
You possess the legal authority and capacity to agree to these Terms;
All information you submit is accurate, current, complete, and not misleading;
You are submitting your own information or have lawful authority to submit information on another person’s behalf;
Your use of the Services does not violate any applicable law, regulation, contractual obligation, or third-party right; and
You will use the Services only for lawful personal or internal business purposes.
If you use the Services on behalf of a company, trust, estate, partnership, or other organization, you represent that you are authorized to bind that organization to these Terms.
4. SCOPE OF SERVICES
The Company provides free educational and informational materials relating to life insurance, financial protection concepts, estate and legacy considerations, family protection, final expenses, income replacement, business continuation, and related subjects.
The Company may also provide consultations intended to identify general insurance needs, discuss available Insurance Products, answer questions, gather application information, and determine whether an individual wishes to apply for coverage.
The Services may include:
Free guides, ebooks, reports, and checklists;
Live or recorded webinars and educational presentations;
Landing pages and online information forms;
General life insurance education;
Insurance needs discussions and consultations;
Insurance product illustrations or preliminary estimates;
Assistance with insurance applications;
Follow-up communications regarding requested information, appointments, applications, products, or services;
Marketing and promotional communications where lawful consent has been provided; and
Other insurance-related or educational services disclosed at the time they are offered.
The Company reserves the right to add, modify, suspend, replace, or discontinue any portion of the Services at any time, subject to applicable law and any separate written agreement governing a paid service.
5. EDUCATIONAL PURPOSE ONLY
Unless expressly stated otherwise in a separate written agreement or insurance application process, the Content is provided solely for general educational and informational purposes.
The Content is intended to promote general awareness of life insurance and related financial protection concepts. It is not intended to account for every individual’s age, health, financial condition, family circumstances, tax status, estate plan, business interests, existing coverage, risk tolerance, or objectives.
General educational Content does not constitute an individualized insurance recommendation, financial plan, legal opinion, tax analysis, investment recommendation, fiduciary recommendation, or guarantee that a particular insurance strategy is suitable for you.
You are responsible for independently evaluating whether any information, strategy, product, or course of action is appropriate for your circumstances.
6. NO LEGAL, TAX, INVESTMENT, ACCOUNTING, OR FIDUCIARY ADVICE
The Company does not provide legal, tax, accounting, securities, investment advisory, or fiduciary services through its educational materials, advertisements, lead magnets, webinars, or general website Content.
Nothing provided through the Services should be interpreted as:
Legal advice or the creation of an attorney-client relationship;
Tax advice or a representation regarding the tax treatment of any transaction or Insurance Product;
Accounting advice;
Investment advice;
Securities advice;
A fiduciary recommendation;
Estate-planning advice;
A recommendation to purchase, sell, liquidate, replace, surrender, exchange, borrow against, or modify an investment, security, or insurance policy; or
A substitute for advice from a qualified attorney, certified public accountant, tax professional, registered investment adviser, or other appropriately licensed professional.
Any discussion of taxation, estate planning, retirement, cash value, policy loans, business planning, or wealth transfer is general in nature. Tax laws and individual circumstances may change, and the Company does not guarantee any particular tax treatment.
You should consult qualified independent professionals before making legal, tax, accounting, estate-planning, investment, or financial decisions.
7. INSURANCE SERVICES AND CARRIER AUTHORITY
Insurance Products are issued exclusively by the applicable Carrier and are subject to the Carrier’s underwriting requirements, product rules, policy forms, availability, contractual terms, and approval.
The Company does not issue insurance policies and does not control a Carrier’s underwriting, pricing, approval, rating, coverage, claims, processing times, product availability, or administrative decisions.
Any insurance recommendation or solicitation will be made only where the insurance producer is appropriately licensed and, when required, appointed to represent the applicable Carrier.
Availability of an Insurance Product may vary according to state, age, health, occupation, lifestyle, financial circumstances, product rules, and Carrier requirements.
No insurance coverage exists merely because you:
Request information;
Download a guide;
Attend a webinar;
Complete a needs assessment;
Schedule or participate in a consultation;
Receive a quote or illustration;
Submit preliminary information;
Sign an application;
Submit payment information; or
Receive an indication that an application is being reviewed.
Coverage becomes effective only as provided in the applicable Carrier’s written policy, conditional receipt, temporary insurance agreement, or other controlling contract. You must review the actual policy and Carrier documentation carefully.
8. INSURANCE ILLUSTRATIONS, QUOTES, AND ESTIMATES
Any quote, premium estimate, benefit estimate, illustration, projection, example, or hypothetical scenario is provided for discussion purposes and is subject to change.
Insurance illustrations may contain guaranteed and nonguaranteed elements. Nonguaranteed values may change based on interest rates, index performance, dividends, costs, charges, policy performance, Carrier actions, premium timing, withdrawals, loans, or other factors.
No illustration or estimate constitutes a promise that:
A policy will be issued;
A quoted premium will remain available;
A particular underwriting classification will be granted;
A policy will accumulate a stated amount of cash value;
A policy will remain in force for a particular duration;
A death benefit will be payable in a stated amount;
Policy loans or withdrawals will be available;
A policy will achieve a particular rate of return;
Premium payments may be reduced or discontinued in the future; or
Any projected tax treatment will apply.
The governing terms of an Insurance Product are contained only in the final policy and related Carrier documents.
9. POLICY RISKS AND USER RESPONSIBILITIES
Life insurance products may involve material risks, costs, restrictions, and obligations. Depending on the product, these may include:
Premium obligations;
Cost-of-insurance charges;
Administrative charges;
Surrender charges;
Market value adjustments;
Interest-crediting limitations;
Caps, spreads, participation rates, or index restrictions;
Loan interest;
Reduced cash value;
Reduced death benefits;
Taxable distributions;
Modified endowment contract treatment;
Policy lapse;
Loss of coverage;
Loss of previously paid premiums;
Replacement costs;
New contestability or suicide periods where applicable;
Underwriting requirements; and
Limitations, exclusions, and conditions contained in the policy.
You are responsible for reviewing all policy documents, illustrations, disclosures, replacement forms, suitability information, and Carrier materials before accepting coverage.
You are also responsible for making required premium payments, monitoring policy performance, maintaining accurate contact information, reviewing annual statements, and notifying the Carrier or Company of relevant changes.
10. NO GUARANTEES AND NO FINANCIAL OR INCOME CLAIMS
The Company makes no guarantee or representation regarding:
Insurance eligibility;
Policy approval;
Underwriting classification;
Premium amount;
Coverage amount;
Policy performance;
Cash value accumulation;
Interest crediting;
Dividend payments;
Claim approval;
Tax treatment;
Estate-planning results;
Financial savings;
Business results;
Income;
Profit;
Investment performance;
Lead-generation results;
Appointment volume;
Sales results; or
Any other financial, insurance, personal, or business outcome.
Any examples, case studies, testimonials, illustrations, or hypothetical results are provided for informational purposes. They do not represent a promise, warranty, or assurance that you will obtain the same or similar result.
Your results may differ materially based on your circumstances, decisions, conduct, health, age, finances, product selection, Carrier requirements, and other factors outside the Company’s control.
11. LEAD MAGNETS AND FREE CONTENT
Free guides, ebooks, webinars, reports, checklists, consultations, downloads, and other lead magnets are provided for general educational and promotional purposes.
Free Content may:
Present simplified explanations;
Discuss only selected considerations;
Omit exceptions, limitations, or circumstances that may apply to you;
Become outdated because of legal, regulatory, product, Carrier, market, or industry changes; and
Contain general examples that are not appropriate for your circumstances.
Receipt of free Content does not create an attorney-client, accountant-client, investment-adviser, fiduciary, insurer-insured, or other professional relationship.
The Company has no duty to update previously distributed free Content, notify you of subsequent changes, or monitor your use of the information.
You assume responsibility for verifying all information before relying on it or making any decision.
12. CONSULTATIONS AND APPOINTMENTS
Consultations may be offered without charge and may include educational discussion, insurance needs analysis, product information, application assistance, or an invitation to apply for insurance.
A consultation may have a commercial purpose and may result in an offer or recommendation to purchase an Insurance Product.
By scheduling a consultation, you understand that:
The consultation may involve a discussion of Insurance Products;
The Company may request personal, health, financial, beneficiary, or insurance information;
You are responsible for providing accurate and complete information;
The Company may decline, cancel, or reschedule a consultation;
No insurance coverage is created by scheduling or attending a consultation;
No professional relationship exists beyond the scope of any separate written agreement or insurance application process; and
You remain free to accept or reject any product or recommendation.
The Company may refuse service or terminate a consultation where the Company reasonably believes that information is false, incomplete, fraudulent, unlawful, abusive, or inconsistent with Carrier or regulatory requirements.
13. ACCURACY OF USER INFORMATION
You agree to provide truthful, accurate, current, and complete information.
You must not knowingly omit, misrepresent, conceal, or falsify information concerning your identity, age, health, medical history, tobacco or nicotine use, occupation, finances, beneficiaries, existing insurance, replacement activity, residency, citizenship, travel, criminal history, avocations, or any other matter requested by the Company or Carrier.
Material misrepresentations or omissions may result in:
Delayed processing;
Application denial;
Policy rescission;
Increased premiums;
Reduced or denied benefits;
Claim denial;
Cancellation or termination of Services;
Referral to the applicable Carrier or authority; or
Other consequences permitted by law.
The Company may rely on the accuracy of the information you provide and has no obligation to independently verify every statement.
14. PAYMENT TERMS
Certain Services may be offered for a fee now or in the future. Any price, payment schedule, subscription term, financing arrangement, or additional term will be disclosed at or before purchase.
By purchasing a paid product or service, you authorize the Company and its payment processors to charge the payment method you provide for all disclosed amounts, including applicable taxes and authorized recurring charges.
You represent that:
You are authorized to use the payment method;
The billing information you provide is accurate;
Sufficient funds or credit are available; and
You will promptly update expired or inaccurate payment information.
Unless otherwise stated in writing:
Payments are due at the time of purchase;
Prices are stated in United States dollars;
You are responsible for applicable taxes;
Failed or disputed payments may result in suspension of access;
Payment processor fees, financing charges, or bank charges imposed by third parties are your responsibility; and
You may not initiate an improper chargeback to avoid a valid contractual payment obligation.
The terms of any third-party lender, installment provider, payment processor, or financing company are governed by your separate agreement with that provider.
15. REFUND POLICY
Except where a refund is required by applicable law or expressly authorized in a separate written offer, all purchases are final and nonrefundable.
Before making a purchase, you are responsible for reviewing:
The product or service description;
The price;
The payment schedule;
The scope of access;
Any cancellation terms;
Any stated refund period; and
Any separate purchase agreement.
Failure to use, access, attend, download, review, or complete a purchased product or service does not create a right to a refund.
The Company may, in its sole discretion, issue a full or partial refund, credit, or accommodation. Any discretionary refund or accommodation does not create an ongoing obligation or modify this policy for another transaction.
Nothing in this section waives any cancellation, rescission, or refund right that cannot lawfully be waived.
16. ASSUMPTION OF RISK
You voluntarily assume all risks arising from your access to, use of, interpretation of, or reliance upon the Services.
You acknowledge that insurance, financial, business, tax, estate, and family-protection decisions may involve uncertainty and material consequences.
You accept responsibility for:
Evaluating the accuracy and suitability of the Content;
Obtaining independent professional advice;
Reviewing all policy and Carrier documents;
Understanding product costs and risks;
Making your own decisions;
Providing accurate information;
Maintaining insurance coverage;
Monitoring policy performance;
Complying with tax and legal obligations; and
Any action or inaction taken in reliance on the Services.
You agree that you will not treat general educational Content as individualized legal, tax, investment, fiduciary, accounting, or insurance advice.
17. COMMUNICATIONS CONSENT
17.1 Consent to Be Contacted
By voluntarily providing your telephone number, mobile number, email address, mailing address, or other contact information through a Company form, landing page, advertisement, registration page, consultation request, download page, application, or other submission method, you expressly authorize Ruth Anne Clarke to contact you regarding:
Requested guides, ebooks, checklists, reports, or other Content;
Webinar registration, access, reminders, and follow-up;
Consultation scheduling, confirmation, rescheduling, and follow-up;
Insurance education;
Insurance products and services;
Application information and status;
Customer service;
Appointment reminders;
Promotional offers;
Marketing messages; and
Related products or services offered by Ruth Anne Clarke.
17.2 Telephone and Text Message Consent
You expressly consent to receive telephone calls, SMS text messages, MMS messages, voicemail messages, and other communications from or on behalf of Ruth Anne Clarke at the telephone number you provide.
Your consent includes communications made using:
Manual dialing;
An automated system for selecting or dialing telephone numbers;
An automatic telephone dialing system where regulated by law;
Artificial or prerecorded voice technology;
Automated text-messaging platforms;
Customer relationship management software;
Appointment reminder software; and
Other communication technology permitted by applicable law.
This consent includes marketing and promotional communications.
Your consent is provided specifically to Ruth Anne Clarke and her service providers acting solely on her behalf. It does not constitute consent for unrelated third-party sellers to market their products or services to you.
Your consent is not a condition of purchasing any property, goods, Insurance Product, or service. Federal regulations define prior express written consent as written authorization identifying the seller and telephone number, accompanied by a clear disclosure that consent is not required as a condition of purchase. (eCFR)
Message frequency may vary. Message and data rates may apply according to your wireless plan. Carriers are not liable for delayed or undelivered messages.
17.3 Authority to Provide a Telephone Number
By providing a telephone number, you represent and warrant that:
You are the subscriber, customary user, or authorized user of the number;
You are authorized to provide consent for communications to that number;
The number is accurate;
You will notify the Company if the number is reassigned, disconnected, or no longer used by you; and
You will not provide a telephone number belonging to another person without lawful authority.
17.4 Maryland-Specific Communications Practices
Where Maryland law applies, automated telephone solicitations and recorded-message solicitations will be made only after obtaining legally sufficient prior express written consent when required.
Maryland law defines prior express written consent to include a signed written agreement that identifies the telephone number, authorizes automated or recorded solicitations, and discloses that the agreement is not required as a condition of purchase. (Maryland General Assembly)
The Company intends to observe applicable Maryland restrictions concerning caller identification, solicitation hours, frequency, and automated or recorded communications. Maryland law generally prohibits covered telephone solicitations between 8:00 p.m. and 8:00 a.m. in the called party’s time zone and more than three solicitations concerning the same subject matter during a twenty-four-hour period. (Maryland General Assembly)
17.5 Email Consent
By providing an email address, you consent to receive transactional, educational, informational, and promotional emails from the Company.
Promotional emails may include information about webinars, consultations, life insurance education, Insurance Products, services, reminders, and offers.
You may unsubscribe from promotional emails by using the unsubscribe link contained in an email or by contacting the Company at [email protected].
Unsubscribing from promotional emails may not prevent the Company from sending legally permitted transactional, administrative, appointment-related, application-related, or service-related communications.
17.6 SMS Text Messaging Program
Ruth Anne Clarke sends text messages from (667) 247-9988 only to people who opt in by checking an SMS consent box on one of her web forms or in the website chat widget. There are two separate, optional types of messages: (a) marketing messages about life insurance education, coverage options, consultations, and related offers; and (b) non-marketing messages about appointments, requested information, consultation reminders, and service-related updates.
Consent to receive text messages is optional, is not a condition of any purchase, and is given only by checking an SMS consent box. Message frequency varies. Message and data rates may apply. Reply STOP at any time to unsubscribe; you will receive one confirmation message and no further texts unless you opt in again. Reply HELP for help, or contact (302) 438-0283 or [email protected]. Carriers are not liable for delayed or undelivered messages.
Mobile information and SMS opt-in data and consent will not be shared with third parties or affiliates for marketing or promotional purposes. See the Privacy Policy at https://seniorcitizenplan.com/privacy-policy. For text messages, this Section 17.6 controls if it conflicts with any other part of Section 17.
18. OPT-OUT AND REVOCATION OF CONSENT
You may revoke consent to marketing calls or text messages at any time through any reasonable method that clearly communicates your desire to stop receiving communications.
For text messages, you may reply with:
STOP, QUIT, END, REVOKE, OPT OUT, CANCEL, or UNSUBSCRIBE.
You may also revoke consent by:
Calling 302-438-0283;
Emailing [email protected];
Requesting removal during a telephone call;
Leaving a clear voicemail requesting removal;
Using an available preference or unsubscribe tool; or
Communicating your request through another reasonable method.
The Company will process legally sufficient revocation and do-not-contact requests within a reasonable period and no later than the period required by applicable law. Current federal regulations recognize reasonable revocation methods and require covered requests to be honored within no more than ten business days. (eCFR)
Following a text-message opt-out, the Company may send one nonpromotional confirmation message acknowledging the request, where permitted by law.
Revocation of marketing consent does not retroactively invalidate communications sent before the Company received and processed the request. It also does not prohibit legally permitted communications necessary to administer an existing application, policy, transaction, appointment, or service request.
19. ELECTRONIC COMMUNICATIONS AND SIGNATURES
You consent to receive agreements, notices, disclosures, records, policy-related materials, forms, and other communications electronically.
You agree that electronic actions, including:
Clicking an acceptance button;
Checking a consent box;
Typing your name;
Submitting a form;
Responding affirmatively by text message;
Applying an electronic signature;
Scheduling an appointment; or
Completing an online transaction,
may constitute your electronic signature and evidence of your intent to be legally bound, to the extent permitted by applicable law.
You are responsible for maintaining a valid email address, telephone number, internet connection, and device capable of accessing electronic records.
You may retain copies of these Terms and other electronic records by printing or downloading them.
20. INTELLECTUAL PROPERTY RIGHTS
All Content is owned by, licensed to, or lawfully used by the Company and is protected by applicable copyright, trademark, trade dress, trade secret, unfair competition, contract, and other intellectual-property laws.
Protected Content includes:
Educational frameworks;
Insurance education systems;
Proprietary processes;
Training methodologies;
Webinars;
Presentations;
Written guides;
Ebooks;
Checklists;
Worksheets;
Consultation materials;
Scripts;
Forms;
Marketing materials;
Graphics;
Video and audio recordings;
Website layouts;
Advertisements;
Product names;
Logos; and
Compilations and arrangements of Content.
No ownership interest is transferred to you by your access to the Services.
Subject to these Terms, the Company grants you a limited, personal, revocable, nonexclusive, nontransferable, and nonsublicensable license to access and use Content solely for your own lawful, noncommercial, personal use.
21. ACCEPTABLE USE OF MATERIALS
You may download or print a reasonable number of copies of free Content for your personal use, provided that you do not remove copyright, trademark, confidentiality, attribution, or proprietary notices.
Without prior written authorization, you may not:
Copy, reproduce, republish, distribute, sell, license, sublicense, or commercially exploit Content;
Share login credentials or restricted materials;
Record, rebroadcast, retransmit, or publicly display a webinar or consultation;
Create derivative works from Content;
Present Content as your own;
Remove ownership notices;
Use Content to train, develop, fine-tune, evaluate, or populate an artificial-intelligence system or database;
Scrape, crawl, harvest, index, or systematically extract Content;
Upload Content to a file-sharing, course-sharing, membership, social-media, or public-access platform;
Use Content to create a competing guide, course, framework, insurance-marketing system, or information product;
Resell free Content;
Use Company trademarks, names, images, or branding without permission;
Misrepresent an affiliation with the Company;
Alter Content in a misleading manner; or
Use Content for unlawful, fraudulent, deceptive, or infringing purposes.
The Company may revoke access and pursue legal or equitable remedies for unauthorized use.
22. PROHIBITED CONDUCT
You agree not to:
Violate applicable law;
Submit false or fraudulent information;
Impersonate another person;
Interfere with the operation or security of the Services;
Introduce malicious code;
Attempt unauthorized access to any account, database, server, or system;
Use automated tools to extract data or Content;
Harass, threaten, abuse, or defame the Company or another person;
Submit unlawful, defamatory, obscene, or infringing material;
Manipulate forms, analytics, advertising systems, or communications;
Use the Services to facilitate insurance fraud;
Attempt to evade underwriting or Carrier requirements;
Use another person’s personal or contact information without authorization;
Initiate a fraudulent payment dispute or chargeback;
Disrupt a webinar, consultation, or online community; or
Encourage another person to engage in prohibited conduct.
The Company may restrict or terminate access for suspected violations without prior notice.
23. THIRD-PARTY SERVICES, LINKS, AND RESOURCES
The Services may contain links to or integrations with third-party websites, Carriers, scheduling platforms, video platforms, webinar providers, customer relationship management systems, payment processors, lenders, social-media platforms, advertising networks, communication providers, or other services.
The Company does not own or control independent third parties and is not responsible for their:
Content;
Privacy practices;
Security;
Availability;
Accuracy;
Products;
Services;
Fees;
Decisions;
Underwriting;
Terms; or
Conduct.
Your use of a third-party service is governed by the third party’s own agreements and policies.
A link or integration does not constitute an endorsement or guarantee. You assume responsibility for reviewing third-party terms before using their services.
24. PRIVACY AND DATA PROCESSING
The Company may collect, use, store, process, and disclose information as reasonably necessary to:
Deliver requested Content;
Schedule and administer consultations;
Communicate with you;
Evaluate insurance needs;
Assist with insurance applications;
Comply with Carrier requirements;
Maintain records;
Prevent fraud;
Improve Services;
Conduct advertising and analytics;
Comply with legal obligations; and
Protect the Company’s rights.
Information may be provided to Carriers, underwriting vendors, medical-information providers, technology vendors, communication providers, payment processors, compliance providers, contractors, and other parties involved in providing requested Services, subject to applicable law and required authorizations.
Insurance applications may require separate privacy notices, authorizations, medical-information releases, consumer-report disclosures, or Carrier forms. Those documents supplement these Terms.
You acknowledge that no internet transmission or electronic storage method can be guaranteed to be completely secure.
25. DISCLAIMER OF WARRANTIES
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICES AND CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE.
THE COMPANY DISCLAIMS ALL WARRANTIES, INCLUDING WARRANTIES OF:
MERCHANTABILITY;
FITNESS FOR A PARTICULAR PURPOSE;
TITLE;
NON-INFRINGEMENT;
ACCURACY;
COMPLETENESS;
RELIABILITY;
AVAILABILITY;
SECURITY;
QUIET ENJOYMENT; AND
RESULTS.
The Company does not warrant that:
The Services will be uninterrupted, secure, or error-free;
Defects will be corrected;
Content will remain current;
The Services will be compatible with every device;
Communications will always be delivered;
Any Carrier will issue coverage;
Any claim will be approved;
Any product will perform as illustrated; or
The Services will meet your expectations.
No oral or written statement creates a warranty unless expressly included in a written agreement signed by the Company.
26. LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY AND ITS CONTRACTORS, REPRESENTATIVES, SERVICE PROVIDERS, VENDORS, LICENSORS, SUCCESSORS, AND ASSIGNS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, CONSEQUENTIAL, OR ENHANCED DAMAGES.
THIS EXCLUSION INCLUDES DAMAGES FOR:
LOST PROFITS;
LOST REVENUE;
LOST SAVINGS;
LOST BUSINESS;
LOST OPPORTUNITIES;
LOSS OF DATA;
LOSS OF GOODWILL;
BUSINESS INTERRUPTION;
EMOTIONAL DISTRESS;
POLICY LAPSE;
LOSS OF INSURANCE COVERAGE;
DENIAL OF AN INSURANCE APPLICATION;
DENIAL OR REDUCTION OF AN INSURANCE CLAIM;
TAX LIABILITY;
RELIANCE ON CONTENT;
THIRD-PARTY CONDUCT;
COMMUNICATION FAILURE;
SECURITY INCIDENTS; OR
UNAUTHORIZED ACCESS.
These exclusions apply regardless of whether the alleged liability arises from contract, tort, negligence, strict liability, statute, misrepresentation, restitution, or another legal theory, and regardless of whether the Company was advised that such damages were possible.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE COMPANY’S TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE SERVICES, CONTENT, OR THESE TERMS SHALL NOT EXCEED THE GREATER OF:
THE AMOUNT YOU ACTUALLY PAID DIRECTLY TO THE COMPANY FOR THE SPECIFIC PRODUCT OR SERVICE GIVING RISE TO THE CLAIM DURING THE SIX MONTHS PRECEDING THE EVENT; OR
ONE HUNDRED UNITED STATES DOLLARS IF THE CLAIM RELATES TO FREE CONTENT OR A FREE SERVICE.
The limitations in this section do not apply to liability that cannot lawfully be excluded or limited. Where an exclusion or limitation is not enforceable, liability will be limited to the minimum amount permitted by law.
27. RELEASE REGARDING USER DECISIONS
To the maximum extent permitted by law, you release the Company from claims arising from:
Your reliance on general educational Content;
Your failure to obtain independent professional advice;
Your failure to review policy documents;
Your failure to pay premiums;
Your failure to monitor a policy;
Information you omitted or misrepresented;
A Carrier’s underwriting or claims decision;
Changes to a Carrier’s product;
Decisions made by a third-party provider;
Tax consequences;
Policy loans, withdrawals, surrenders, exchanges, replacements, or lapses;
Your unauthorized sharing or misuse of Content; and
Your violation of these Terms.
This release does not apply to claims that cannot lawfully be released.
28. INDEMNIFICATION
To the maximum extent permitted by law, you agree to defend, indemnify, and hold harmless the Company and its contractors, representatives, vendors, service providers, licensors, successors, and assigns from claims, liabilities, losses, damages, judgments, penalties, fines, costs, and reasonable attorneys’ fees arising from or relating to:
Your breach of these Terms;
Your unlawful use of the Services;
Information you submit;
Your fraud, misrepresentation, or omission;
Your infringement of intellectual-property, privacy, publicity, or other rights;
Your misuse or unauthorized distribution of Content;
Your violation of applicable law;
Your submission of another person’s contact information without authorization;
Your interference with the Services;
Your actions relating to an Insurance Product; or
A claim brought by a third party because of your conduct.
The Company may assume control of the defense of a matter subject to indemnification. You agree to cooperate with the defense and may not settle a covered claim without the Company’s prior written consent.
29. AVAILABILITY, ERRORS, AND MODIFICATIONS
The Company may correct errors, inaccuracies, or omissions at any time.
Information concerning products, premiums, benefits, features, eligibility, availability, or services may change without notice.
The Company may:
Modify Content;
Remove Content;
Cancel an event;
Reschedule a consultation;
Restrict access;
Discontinue a Service;
Correct pricing;
Reject a transaction; or
Replace a vendor or platform.
The Company is not liable for delays or failures caused by internet outages, telecommunications failures, power failures, software errors, cyberattacks, Carrier systems, governmental action, labor disputes, natural disasters, public emergencies, illness, or events outside the Company’s reasonable control.
30. TERMINATION AND SUSPENSION
The Company may suspend or terminate your access to any Service where:
You violate these Terms;
You misuse Content;
You provide false information;
You engage in abusive or unlawful conduct;
You fail to make an authorized payment;
Access creates security or compliance risk;
A vendor or Carrier requires termination; or
Continued service is no longer commercially or legally practical.
Termination does not eliminate obligations that accrued before termination.
Sections concerning intellectual property, payments, disclaimers, limitation of liability, indemnification, arbitration, dispute resolution, and other provisions that logically should survive will remain effective.
31. INFORMAL DISPUTE RESOLUTION
Before initiating arbitration, either party must send the other party a written notice describing:
The party’s name and contact information;
The factual basis of the dispute;
The legal claims asserted;
The relief requested; and
A good-faith settlement proposal.
Notices to the Company must be sent to:
Ruth Anne Clarke
Email: [email protected]
Telephone: 302-438-0283
The parties will attempt in good faith to resolve the dispute for at least thirty days after receipt of the notice.
The applicable limitations period will be tolled during this thirty-day informal resolution period to the extent permitted by law.
32. BINDING ARBITRATION AGREEMENT
Except for disputes expressly excluded below, any controversy, dispute, or claim arising out of or relating to:
These Terms;
The Services;
The Content;
A communication;
A consultation;
A purchase;
An Insurance Product discussion or application;
The parties’ relationship;
The interpretation or enforceability of these Terms; or
Any alleged act or omission by either party,
shall be resolved through final and binding arbitration on an individual basis.
The arbitration will be administered by the American Arbitration Association under the rules applicable to the dispute, including its Consumer Arbitration Rules when applicable.
The arbitration shall be conducted before one neutral arbitrator.
Unless the parties agree to remote or document-only proceedings, the arbitration hearing will take place in Chesapeake City, Maryland. A consumer may participate remotely where required by the applicable arbitration rules or law.
The arbitrator may award any individual relief that a court of competent jurisdiction could award, subject to the limitations contained in these Terms and applicable law.
The arbitrator shall issue a written decision stating the material findings and conclusions supporting the award.
Judgment on the arbitration award may be entered in any court with jurisdiction.
Maryland law recognizes written agreements to arbitrate future disputes as valid and enforceable, subject to generally applicable grounds for revoking a contract. (Maryland General Assembly)
32.1 Excluded Disputes
Either party may bring an individual action in small claims court if the dispute qualifies and remains exclusively within that court.
The Company may also seek temporary, preliminary, or permanent injunctive relief in a court of competent jurisdiction to prevent:
Intellectual-property infringement;
Unauthorized access;
Data misuse;
Security threats;
Fraud; or
Misappropriation of confidential or proprietary materials.
Seeking such relief does not waive arbitration of claims for monetary damages.
32.2 Arbitration Costs
Payment of arbitration fees will be governed by the applicable arbitration rules and law.
The Company will not require a consumer to pay fees that would make arbitration prohibitively expensive compared with filing an individual court action.
Each party will bear its own attorneys’ fees unless a statute, rule, contract, or arbitration award provides otherwise.
32.3 Delegation
Except for disputes concerning the class-action waiver, representative-action waiver, or mass-arbitration provisions, the arbitrator shall decide issues concerning the interpretation, scope, applicability, validity, and enforceability of this arbitration agreement.
33. WAIVER OF JURY TRIAL
TO THE MAXIMUM EXTENT PERMITTED BY LAW, EACH PARTY KNOWINGLY AND VOLUNTARILY WAIVES ANY RIGHT TO HAVE A DISPUTE HEARD OR DECIDED BY A JUDGE OR JURY IN COURT.
The parties understand that arbitration uses a neutral arbitrator rather than a judge or jury and that judicial review of an arbitration award is limited.
34. CLASS ACTION AND REPRESENTATIVE ACTION WAIVER
TO THE MAXIMUM EXTENT PERMITTED BY LAW, EACH PARTY AGREES THAT CLAIMS MAY BE BROUGHT ONLY IN AN INDIVIDUAL CAPACITY.
Neither party may bring, participate in, join, or seek relief through a:
Class action;
Collective action;
Consolidated action;
Coordinated action;
Private attorney general action;
Representative action; or
Proceeding seeking relief on behalf of another person.
The arbitrator may not combine the claims of more than one person or preside over a class, collective, consolidated, coordinated, or representative proceeding without the written agreement of all affected parties.
If a final judicial determination finds that a particular request for public injunctive relief cannot lawfully be waived or arbitrated, that request may be severed and resolved by a court after all arbitrable claims have been completed.
35. GOVERNING LAW
These Terms and any dispute arising from them shall be governed by the laws of the State of Maryland, without regard to conflict-of-law principles, except to the extent federal law governs a particular issue.
The Federal Arbitration Act will govern the interpretation and enforcement of the arbitration agreement where applicable.
For any dispute that is not subject to arbitration, the parties consent to the personal jurisdiction of an appropriate state or federal court located in Maryland, subject to applicable venue and consumer-protection law.
36. LIMITATION PERIOD
To the maximum extent permitted by law, any claim arising out of or relating to the Services or these Terms must be commenced within one year after the claim accrued.
A claim not commenced within that period will be permanently barred.
This contractual limitation does not apply where applicable law prohibits shortening the statutory limitations period.
37. MODIFICATION OF TERMS
The Company may modify these Terms to reflect changes in:
The Services;
Business practices;
Insurance products;
Technology;
Communications practices;
Legal requirements;
Regulatory guidance; or
Risk-management procedures.
Revised Terms will be posted with a new “Last Updated” date.
Unless otherwise stated, revised Terms become effective when posted. Your continued use of the Services after the effective date constitutes acceptance of the revised Terms.
Material changes to arbitration provisions will apply prospectively to disputes arising after the revised terms become effective, except where otherwise permitted by law.
38. SEVERABILITY
If any provision of these Terms is found unlawful, invalid, or unenforceable, that provision will be enforced to the maximum extent permitted and severed only to the minimum extent necessary.
The remaining provisions will remain in full force and effect.
If the class-action waiver is found unenforceable for a particular claim or remedy, that claim or remedy will proceed in court only after completion of all arbitrable matters, unless applicable law requires otherwise.
39. NO WAIVER
A party’s delay or failure to enforce a provision does not waive that provision or any other right.
A waiver is effective only if it is in writing and signed by the party granting the waiver.
A waiver concerning one event does not constitute a waiver concerning another event.
40. ASSIGNMENT
You may not assign, delegate, transfer, or sublicense your rights or obligations under these Terms without the Company’s prior written consent.
The Company may assign these Terms in connection with:
A transfer of business operations;
A sale of assets;
A merger;
A reorganization;
A change in service provider;
A succession plan; or
Another lawful business transaction.
Any prohibited assignment is void.
41. NO THIRD-PARTY BENEFICIARIES
Except for parties expressly protected by the disclaimer, limitation-of-liability, release, or indemnification provisions, these Terms do not create rights for any third party.
42. RELATIONSHIP OF THE PARTIES
Nothing in these Terms creates a partnership, joint venture, employment relationship, franchise, agency relationship, fiduciary relationship, attorney-client relationship, or investment-advisory relationship between you and the Company.
The Company’s independent vendors and service providers are not authorized to make promises or contractual commitments beyond the authority expressly granted to them.
43. HEADINGS AND INTERPRETATION
Section headings are provided for convenience and do not limit the meaning of any provision.
Words in the singular include the plural where appropriate. References to “including” mean “including without limitation.”
These Terms shall not be interpreted against a party merely because that party drafted or proposed them.
44. ENTIRE AGREEMENT
These Terms, together with any applicable privacy notice, purchase agreement, insurance application, Carrier disclosure, electronic consent, authorization, policy contract, or separately signed agreement, constitute the entire agreement concerning the subject matter addressed herein.
Where a Carrier policy conflicts with these Terms regarding insurance coverage, benefits, exclusions, premiums, claims, or policy administration, the Carrier policy and applicable insurance documents will control.
Where a separately signed agreement expressly conflicts with these Terms concerning a paid service, the separately signed agreement will control solely as to that conflict.
45. CONTACT INFORMATION
Questions, notices, complaints, communication preferences, and opt-out requests may be directed to:
Ruth Anne Clarke
Doing Business As: None
Business Type: Life Insurance Agent and Insurance Education Provider
Location: Chesapeake City, Maryland
Email: [email protected]
Telephone: 302-438-0283
46. ACKNOWLEDGMENT AND CONSENT
BY ACCESSING OR USING THE SERVICES, SUBMITTING A FORM, DOWNLOADING CONTENT, REGISTERING FOR A WEBINAR, SCHEDULING A CONSULTATION, PROVIDING CONTACT INFORMATION, PURCHASING A PRODUCT OR SERVICE, OR OTHERWISE INDICATING ACCEPTANCE, YOU ACKNOWLEDGE AND AGREE THAT:
You have read and understood these Terms;
You have had an opportunity to review these Terms before accepting them;
You voluntarily agree to be legally bound;
You understand the educational and promotional nature of the Services;
You understand that no legal, tax, investment, accounting, or fiduciary advice is provided;
You understand that insurance approval, pricing, performance, coverage, and claims are not guaranteed;
You accept responsibility for your decisions and use of the Content;
You consent to electronic records and signatures;
You consent to communications as described in these Terms;
You understand that communications consent is not a condition of purchase;
You understand how to revoke communications consent;
You agree to the binding individual arbitration provision;
You waive the right to a jury trial to the extent permitted by law;
You waive participation in class, collective, consolidated, coordinated, and representative proceedings to the extent permitted by law; and
You intend your electronic acceptance to have the same legal effect as a handwritten signature.