Terms

Last Modified: November 9, 2018

At Life by Spot Inc. (“Life by Spot"), we believe that you want an improved and different solution to purchasing typical life and/or accident insurance. Our platform is an entirely new way for purchasing life and/or accident insurance; for when you feel like you need it most.

By Spot’s website and its features are intended solely for use by United States citizens and legal residents and long-term green card holders who are at least 18 years of age and have otherwise reached the age of majority in their respective states of residence. By accessing Life by Spot’s website and its features, you represent and warrant that you have the right, authority and capacity to enter into these Terms of Use and that you meet all eligibility requirements. By accessing Life by Spot’s website, you agree to be bound to these Terms of Use, Life by Spot’s Privacy Policy and Life by Spot’s Legal Notices, which are incorporated in these Terms of Use by reference. If you do not agree to these Terms of Use, the Privacy Policy or the Legal Notices, you must not access or use Life by Spot’s website.

Definitions

“Life by Spot” or “Spot” or “us” or “our” or “we” refers to Life by Spot, Inc. and each of its affiliates. “Site” means www.lifebyspot.com and any other Internet sites operated by us, our online services, mobile services, and software. “You” and “Your” means the user of this Site. “Terms” and “Terms of Use” means, collectively, these terms and conditions, together with any documents they expressly incorporate by reference.

Limitations of Use

You agree to use the Site only for lawful purposes. You may not use the Site in any way that would constitute a violation of any applicable law, regulation, rule or ordinance of any nationality, state or locality. Any unauthorized use of this Site, including but not limited to unauthorized entry into our systems, misuse of passwords, or misuse of any information posted on the Site is strictly prohibited.

We may change the Site, stop offering products and services through the Site, or create usage limits for the Site without prior notice. We may permanently or temporarily terminate or suspend your access to the Site without notice and liability for any lawful reason, including if in our sole determination you violate any provision of these Terms, or for no reason if lawfully permitted. Upon any such termination, you continue to be bound by these Terms. Notwithstanding the foregoing, any such suspension, termination, or other change to the Site shall not be with respect to and shall not affect any products and services, including insurance coverage, you’ve already obtained through the Site.

Collection and Use of Personal Information

Your use of the Site, including your application for the products and services offered through the Site, may involve the transmission of certain personally-identifiable information. Our policies in regard to our collection and use of such information are set forth in our Privacy Policy, which is incorporated by reference in its entirety.

User Generated Content

In addition to the Site, we may use Life by Spot branded social media pages, on sites such as Instagram, Facebook and Twitter, to promote and share Life by Spot events, etc. Any content that you post on these social media pages will be considered non-confidential and non-proprietary. Any content posted must comply with our content standards. By posting any content to our social media pages, you represent that you own or control all rights in the content. By posting any content to our social media pages, you grant Life by Spot the right to reproduce, distribute, or otherwise use any such material for any purpose. We are not responsible and assume no liability for content displayed on any Life by Spot branded social media pages that may be provided by another party.

Content Standards

You agree that you will not post any content on our website and social media pages that is:

  • defamatory, abusive, obscene, profane or offensive; is inaccurate, false or misleading in any way;
  • is off-topic, repetitive or constitutes spam posts;
  • disparages or criticizes any person or entity;
  • infringes or violates another person's intellectual property rights;
  • violates any person's right of publicity or right of privacy;
  • is threatening, harassing or promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
  • is illegal or promotes any illegal activities; or
  • contains any advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation.

Monitoring and Enforcement; Termination

We have the right to:

  • Remove or refuse to post any user contributions for any reason or not reason in our sole discretion.
  • Take any action with respect to user contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such user contribution violates these Terms, including the content standards set forth above, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Site or the public, or could create liability for Life by Spot.
  • Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
  • Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Site.
  • Terminate or suspend your access to all or part of the Site for any violation of these Terms.

Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Site. You waive and hold harmless Spot and its affiliates, licensees, and service providers, from any claims resulting from any action taken by any of the foregoing parties during, or taken as a consequence of, investigations by either such parties or law enforcement authorities. However, we do not undertake to review all material before it is posted on the Site, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.

Hardware/Software Requirements

It is your responsibility to maintain all necessary equipment or software requirements, associated with accessing our website and any of its interactive features through your computer or mobile device. You must have access to a computer or mobile device capable of running a current Internet browser, have access to an Internet service and an email account that can be used to receive and access all communications. You must be able to view all communications through the use of a pdf viewer or similar software and be able to print all such communications and be able to send and receive emails that contain hyperlinks to websites. If you are using a mobile device, you must have a wireless subscription with a participating carrier or have other network access. You are solely responsible for all service fees and charges from your carrier or network provider, You must be able to print and save the transmitted communications. You acknowledge that you can access the electronic Communications in the designated formats described herein.

Your Obligations and Authorizations

You do not need to register with us to visit and view the Site. However, to access certain password-protected areas of the Site and to apply for the products and services offered through the Site, you must register for an account. When registering for an account through the Site, you must provide accurate and complete information, and you must keep this information up to date. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify us immediately of any breach of security or unauthorized use of your account. We will not be liable for any losses caused by any unauthorized use of your account.

In order to access or use certain aspects of the Site, we may need your authorization to (i) collect information provided by you through the Site, including certain personal information, signatures, data, passwords, usernames, and other information, materials, and content necessary for us to provide the products and services offered through the Site to you, and (ii) retrieve and manage information of yours maintained by certain third-party institutions, including Fidelity Life Association, other insurance companies, reinsurers and/or their vendors and third party administrators (“Your Data”). You hereby grant us a non-exclusive, royalty-free license under any applicable intellectual property rights to use Your Data solely in connection with the provision of the products and services offered through the Site.

You represent and warrant that the portion of Your Data you provide us is accurate and complete, and that you are authorized to submit it to us without any obligations on us, including but not limited to the payment of fees. We have no liability or other responsibility for inaccuracy or incompleteness, or your inability to use the Site due to such inaccuracy or incompleteness. You are and will be responsible for the consequences of any instructions you provide us and that we follow. In order to connect the Site with any third-party service, you hereby authorize us to: (i) store Your Data in accordance with applicable laws, (ii) use any signatures or other materials you provide us in order to provide you the products and services offered through the Site, (iii) gather and export from such third party service any data or other information reasonably necessary for us to provide the products and services offered through the Site to you, and (iv) otherwise take any action in connection with such third party service as reasonably necessary for us to provide the products and services offered through the Site to you. You agree that those third-party service providers are entitled to rely on the foregoing authorization, agency, and power of attorney granted by you. While the Site may be endorsed by the third-parties with whom Your Data is held from time to time, you should not assume that we are working directly with the third-party or that the third-party has sponsored or endorsed the Site or our interaction with the third-party’s services at your direction. You also understand you are providing written instructions in accordance with the Fair Credit Reporting Act and other applicable law for us or our authorized representatives to request and receive copies of consumer reports, scores, and related information about you from third parties. We or our authorized representatives may release information to our plan administrators, business associates, insurance companies, reinsurers, MIB or others.

Prohibited Activities

You agree that you will not: (i) register for an account on behalf of somebody other than yourself, (ii) impersonate another person or otherwise misrepresent your affiliation with a person or entity, conduct fraud, hide or attempt to hide your identity, (iii) use or attempt to use another’s account without authorization from that person and us, (iv) copy, distribute, or disclose any part of the Site in any medium, including without limitation by any automated or non-automated “scraping”, (v) use any automated system, including without limitation “robots,” “spiders,” “offline readers,” etc., to access the Site in a manner that sends more request messages to our servers than a human can reasonably produce in the same period of time by using a conventional on-line web browser (except that we grant the operators of public search engines revocable permission to use spiders to copy publicly available materials from the Site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials), (vi) transmit spam, chain letters, or other unsolicited email, (vii) attempt to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Site, (viii) take any action that may impose an unreasonable or disproportionately large load on our infrastructure, as determined by us, (ix) upload invalid data, viruses, worms, or other software agents through the Site, (vii) collect or harvest any personally identifiable information, including account names, from the Site, (x) use the Site for any commercial solicitation purposes, (xi) use the Site in order to obtain information about us, the Site, or our customers for the purpose of competing with us or otherwise replicating some or all of the Site for any reason, (xii) interfere with the proper working of the Site, (xiii) access any content on the Site through any technology or means other than those provided or authorized by the Site, or (xiv) bypass the measures we may use to prevent or restrict access to the Site, including without limitation features that prevent or restrict use or copying of any content or enforce limitations on use of the Site or the content.

Intellectual Property

The Site and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection and arrangement thereof) are owned by the Company, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. Unless otherwise specified, no person has permission to copy, display, distribute, republish, or create derivative works from such information in any form.

Unless otherwise stated, we do not accept unsolicited ideas, suggestions, or materials relating to development, design, or marketing of our services and products. Any such postings to the Site will be considered non-confidential and non-proprietary, and will remain, our exclusive property. We may copy, disclose, distribute, incorporate, and otherwise use the item and any information contained therein for any purpose without compensation.

By providing content, we do not allow you to use trademarks referenced in the Site. You may not use meta tags or any other “hidden text” using our name or trademarks without our express written permission. The trademarks, logos, and service marks (the “Marks”) displayed on the Site are our or other third parties’ property. You are prohibited from using any Marks without the express written permission of us or the third party that owns the Marks.

We respect the copyright interests of others. It is our policy to respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act. If you believe that any material contained on the Site may infringe on your copyright, you must provide us notice in writing of the following: (i) identification of the copyrighted work claimed to have been infringed, (ii) identification of the allegedly infringing material, (iii) information sufficient to permit us to locate the infringing material, (iv) a statement that the complaining party has a good faith belief that use of the material is not authorized or permissible by law, and (v) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the copyright owner, agent, or licensee. Anyone who knowingly misrepresents that material is infringing in such a notice will be liable for any damages and any associated costs incurred by us. Written notice must be sent to us by U.S. mail (Life by Spot Inc., 6836 Austin Center Blvd., Ste. 280, Austin, TX 78731, Attn: Legal, or email legal@lifebyspot.com).

Third-Party Practices

This Site contains links to other Internet sites that are not maintained by us. Unless otherwise stated, we make no warranties or representations regarding these websites or the products and services offered on them. We do not control the privacy or security practices of third parties, or the locations where they process data. You should read the privacy and security policies of the other sites, as their practices may differ from ours.

Disclaimer of Warranties and Limitation of Liability

The Site is provided by us on an “as is” and “as available” basis. To the full extent permissible by applicable law, we disclaim all warranties, express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose or non-infringement of intellectual property. We do not represent or warrant that the Site or its content is error free, that defects will be corrected, or that the Site is free of viruses or other harmful code.

Under no circumstances will we, our agents, providers or their respective officers, directors employees, agents, independent contractors or licensors (the “Life by Spot Parties”) be liable to you or anyone else for damages of any kind arising from your use of the Site, your inability to use the Site, or circumstances beyond our control, including, but not limited to direct, indirect, incidental, punitive and consequential damages, even if the Life by Spot Parties are expressly advised of the possibility of such damages. The Life by Spot Parties will not be liable for any defamatory, offensive or illegal conduct of any user. Your sole remedy for dissatisfaction with the Site is to stop using the Site. If your use of materials from the Site results in the need for servicing, repair or correction of equipment or data, you assume any costs thereof. Some jurisdictions do not allow the exclusion or limitation of liability for negligence, consequential, incidental or other damages. In such jurisdictions, our liability is limited to the greatest extent permitted by law.

Indemnification

You agree to indemnify and hold harmless Life by Spot Parties from and against any and all claims, losses, expenses, demands or liabilities, including attorneys’ fees and costs, incurred by the Life by Spot Parties in connection with any claim by a third party (including any intellectual property claim) arising out of: (i) materials and content you submit to, post to or transmit through the Site, or (ii) your use of the Site in violation of these Terms or in violation of any applicable law. You further agree that you will cooperate fully in the defense of any such claims. The Life by Spot Parties reserve the right, at their 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 the prior written consent of us. You further agree to indemnify and hold harmless the Life by Spot Parties from any claim arising from a third party’s use of information or materials of any kind that you post to the Site.

Permission to Contact

When you give us your home and/or mobile phone number, we have your permission to contact you at that number or numbers, and any other number we believe we may reach you through (unless prohibited by applicable law), about your Life by Spot account. Your consent allows us to use text messaging, artificial or prerecorded voice messages and automatic dialing technology, for all purposes not prohibited by applicable law. Message and data rates may apply. You may contact us anytime to change these preferences. We may also send an e-mail to any address where we reasonably believe we can contact you. Some of the purposes for calls and messages include: suspected fraud; obtaining information; administration of your account; and collection of premiums. Our rights under this Section extend to our affiliates, subsidiaries, parents and agents. To permanently cease receiving text messages from us, please reply STOP to any message we send.

Governing Law, Jurisdiction and Venue

These Terms, except in the Binding Arbitration section, and all other aspects of your use of the Site shall be governed by and construed in accordance with the laws of the United States and, to the extent applicable, to the laws of the State of Texas, without giving effect to its conflicts of laws rules.

You agree that you will notify us in writing by e-mail (legal@lifebyspot.com) or U.S. Mail (Life by Spot Inc., 6836 Austin Center Blvd., Ste. 280, Austin, TX 78731, Attn: Legal) of any claim or dispute concerning or relating to the Site and the information, products and services provided through the Site, and give us a reasonable period of time to address your claim or dispute before bringing any legal action against us. Except for proceedings commenced by us to protect our intellectual property or confidential information which may be brought in any court of competent jurisdiction or in the Binding Arbitration section, you and we mutually agree that any and all disputes arising hereunder shall be resolved exclusively by state courts located in Travis County, Texas or federal courts located in the Western District of Texas.

Binding Arbitration

You and Life by Spot agree that, except as provided in “Exceptions to Arbitration” below, all disputes, controversies and claims related to these Terms of Use (each a “Claim”), shall be finally and exclusively resolved by binding arbitration, which may be initiated by either party by sending a written notice requesting arbitration to the other party. Any election to arbitrate by one party shall be final and binding on the other. The arbitration will be conducted under the rules and procedures of arbitrator that are in effect at the time the arbitration is initiated and under the terms set forth in this Terms of Use. In the event of a conflict between the terms set forth in this section and the arbitrator’s rules, the terms in this section will control and prevail. Except as otherwise set forth in this section, you may seek any remedies available to you under federal, state or local laws in an arbitration action. As part of the arbitration, both you and Life by Spot will have the opportunity for discovery of non-privileged information that is relevant to the Claim. The arbitrator will provide a written statement of the arbitrator’s decision regarding the Claim, the award given and the arbitrator’s findings and conclusions on which the arbitrator’s decision is based. The determination of whether a Claim is subject to arbitration shall be governed by the Federal Arbitration Act and determined by a court rather than an arbitrator. Except as otherwise provided in this Terms of Use, (a) you and Life by Spot may litigate in court to compel arbitration, stay proceedings pending arbitration, or confirm, modify, vacate or enter judgment on the award entered by the arbitrator; and (b) the arbitrator’s decision shall be final, binding on all parties and enforceable in any court that has jurisdiction, provided that any award may be challenged if the arbitrator fails to follow applicable law. The arbitration will take place in Austin, Texas, unless the parties agree to video, phone or internet connection appearances. You and Life by Spot agree that any arbitration shall be limited to the Claim between Life by Spot and you individually. You and Life by Spot agree that (a) there is no right or authority for any dispute to be arbitrated on a class-action basis or to utilize class action procedures; (b) there is no right or authority for any dispute to be brought in a purported representative capacity or as a private attorney general; and (c) no arbitration shall be joined with any other arbitration. If you initiate arbitration for a Claim, you will need to pay any arbitration initiation fee. If we are initiating arbitration for a Claim, we will pay all costs charged by arbitrator for initiating the arbitration. All other fees and costs of the arbitration will be charged pursuant to the arbitrators rules. You and Life by Spot agree that if any portion of this section is found illegal or unenforceable (except any portion of Exceptions to Arbitration), that portion shall be severed and the remainder of the section shall be given full force and effect. If Exceptions to Arbitration is found to be illegal or unenforceable then neither you nor Life by Spot will elect to arbitrate any Claim falling within that portion of Exceptions to Arbitration found to be illegal or unenforceable and such Claim shall be exclusively decided by a court of competent jurisdiction within the Travis County, Texas, United States of America, and you and Life by Spot agree to submit to the personal jurisdiction of that court.

Exceptions to Arbitration

You and Life by Spot agree that the following Claims are not subject to the above provisions concerning negotiations and binding arbitration: (a) any Claim seeking to enforce or protect, or concerning the validity of, any of Life by Spot’s intellectual property rights; (b) any Claim related to, or arising from, allegations of theft, piracy, invasion of privacy or unauthorized use; and (c) any claim for equitable relief. In addition to the foregoing, either party may assert an individual action in small claims court for Claims that are within the scope of such court’s jurisdiction in lieu of arbitration.

This Binding Arbitration section shall survive any termination of your relationship with Life by Spot.

Changes to Terms of Use

We may revise and update these Terms of Use 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 Site thereafter. Your continued use of the website following the posting of revised Terms of Use means that you accept and agree to the changes. We recommend that you review this page periodically for the latest version of the Terms of Use.

General Provisions

These Terms shall be subject to any other agreements you have entered into with us. In the event of a conflict between these Terms and any insurance policy issued to you through the Site, the terms of the insurance policy shall control. These Terms supersede any previous Terms to which you and we may have been bound. If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall be enforced to the fullest extent possible, and the remaining provisions of these Terms shall remain in full force and effect. 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. Failure by us to enforce any of our rights under these Terms shall not be construed as a waiver of those rights or any other rights in any way whatsoever.

Contact Information

The owner of this Site is Life by Spot. You can reach us at www.lifebyspot.com, or Life by Spot Inc., 6836 Austin Center Blvd., Ste. 280, Austin, TX 78731. Fidelity Life Association can be contacted at 8700 W. Bryn Mawr Avenue, Ste. 900S, Chicago, IL 60631. Please keep us informed of any changes in your e-mail address so that you can continue to receive all Communications without interruption. To notify us of changes in your e-mail address, please send a written notice by e-mail to (help@lifebyspot.com) or U.S. Mail (Life by Spot, Inc., 6836 Austin Center Blvd., Ste. 280, Austin, TX 78731, Attn: Legal).

Spot Spot policies are issued by Fidelity Life Association and reinsured by Hannover Life Reassurance Company of America.

© 2019 Life by Spot. All rights reserved.