Terms and Conditions
Last Updated:1/1/2023
Welcome and thank you for your
interest in Final Expense Leader. By using Final Expense Leader's
websites, networks, mobile applications, or other services provided by
Final Expense Leader collectively, the services, or accessing any
content provided by Final Expense Leader through the Services, you agree
to be bound by the following terms of use, as updated from time to time
(Terms of Use). Final Expense Leader's Role. This arbitration agreement
includes claims related to our clients, vendors, and Marketing
Partners, which are third party beneficiaries of this arbitration
agreement. Final Expense Leader's business is primarily funded through
advertising and referrals. You understand and agree that the Services
may include advertisements and that these are necessary to support the
Services. To help make the advertisements relevant and useful to you,
Final Expense Leader may serve advertisements based on the information
we collect through the Services.
See the Privacy Policy for more details. Final Expense Leader assumes no
responsibility for any result or consequence related directly or
indirectly to any action or inaction that consumers take based on the
Services or any other information available through or in connection
with the Services. Referrals. While you are not responsible for making
referral payments to Final Expense Leader, as part of the Services,
Final Expense Leader may be paid valuable consideration in exchange for
your referral (Referral). You authorize Final Expense Leader to make
such Referral and acknowledge Final Expense Leader may be paid valuable
consideration for facilitating such referral. Because of this
relationship, Final Expense Leader may receive a financial or other
benefits from a Referral. Eligibility; Accounts and Registration. You
must be at least 18 years of age to use the Service. By agreeing to
these Terms of Use, you represent and warrant that: (a) you are at least
18 years of age; (b) you have not previously been suspended or removed
from the Services; and (c) your registration and your use of the
Services is in compliance with all applicable laws and regulations. To
access some features of the Services, you may be required to register
for an account. When you register for an account, you may be required to
provide us with some information about yourself, such as email address
or other contact information. You agree that the information you provide
is accurate and that you will keep it accurate and up-to-date at all
times. When you register, you may be asked to provide a password. You
are solely responsible for maintaining the confidentiality of your
account and password, and you are responsible for all actions taken via
your account. You may not share your user account(s) with others. Unless
you have entered into a commercial agreement with Final Expense Leader
permitting you to use the Services for transactions on behalf of another
person, you may only use the Services for transactions on your own
behalf, and not on behalf of any other person. Use of the Services;
Restrictions. Use of the Services. As long as you comply with these
Terms of Use, Final Expense Leader grants you a non-exclusive, limited,
revocable, personal, non-transferable license to use the Services, and
to download and use any App (as defined in Section 4(b) below) on your
mobile device in object code form, for your personal use. Except as
expressly stated herein, these Terms of Use do not provide you with a
license to use, reproduce, distribute, display or provide access to any
portion of the Services on third-party web sites or otherwise.
The Services may include software for use in connection
with the Services. Mobile Applications. To use any mobile application
feature of the Services (each, an App), you must have a compatible
mobile device. Final Expense Leader does not warrant that any App will
be compatible with your mobile device. You may use mobile data in
connection with an App and may incur additional charges from your
wireless provider for using an App. You agree that you are solely
responsible for any applicable charges. Final Expense Leader may update
any app and may automatically electronically update the version of any
App that you have installed on a mobile device. You consent to all
automatic upgrades and understand that these Terms of Use will apply to
all updated versions of an App. Any third-party open-source software
included in an App is subject to the applicable open source license and
may be available directly from the creator under an open-source license.
These Terms of Use do not apply to your use of software obtained from a
third-party source under an open-source license. Use of Content.
Subject to the restrictions set forth in these Terms of Use, you may
copy information from the Services only as necessary for your personal
use to view, save, print, fax and/or e-mail such information. Prohibited
Use.
BY USING THE SERVICES, YOU AGREE NOT TO: reproduce, modify,
distribute, display or otherwise provide access to, create derivative
works from, decompile, disassemble, or reverse engineer any portion of
the Services, except as explicitly permitted under these Terms of Use;
provide/post/authorize a link to any of the Services from a third-party
website; remove or modify any copyright or other intellectual property
notices that appear in the Services; use the Services for resale,
service bureau, time-sharing or other similar purposes; use the Services
in any way that is unlawful, or harms Final Expense Leader, its service
providers, suppliers, or any other user; distribute or post spam, chain
letters, pyramid schemes, or similar communications through the
Services; impersonate another person or misrepresent your affiliation
with another person or entity; reproduce, publicly display, or otherwise
make accessible on or through any other website, application, or
service any reviews, ratings, and/or profile information, or other data
or content available through the Services, except as explicitly
permitted by Final Expense Leader for a particular portion of the
Services; upload invalid data, viruses, worms, or other software agents
to the Services; interfere with, or compromise the system integrity or
security of the Services, or otherwise bypass any measures Final Expense
Leader may use to prevent or restrict access to the Services; conduct
automated queries (including screen and database scraping, spiders,
robots, crawlers, bypassing or similar precautions, and any other
automated activity with the purpose of obtaining information from the
Services) on the Services; use any of Final Expense Leader's trademarks
without approval, including but not limited to using them as part of
your business name, screen name or email address on the Services; access
or use any of the Services to develop competitive products or services;
or attempt to, or permit or encourage any third party to, do any of the
above Fees.
Generally. You may be required to pay fees to access
certain features of the Services. All fees are in U.S. dollars and are
non-refundable. If Final Expense Leader changes the fees for all or part
of the Services, including by adding fees or charges, Final Expense
Leader will provide you advance notice of those changes. If you do not
accept the changes, Final Expense Leader may discontinue providing the
applicable part of the Services to you. Final Expense Leader's
authorized third-party payment processor will charge the payment method
you specified at the time of purchase. You authorize Final Expense
Leader to charge all fees as described in these Terms of Use for the
Services you select to that payment method. If you pay any fees with a
credit card, Final Expense Leader may seek pre-authorization of your
credit card account before your purchase to verify that the credit card
is valid and has the necessary funds or credit available to cover your
purchase. Subscriptions. The Services may include features that allow
for automatically recurring payments for periodic charges (Subscription
Service). If you decide to activate a Subscription Service, you
authorize Final Expense Leader to periodically charge, on a
going-forward basis and until cancellation of either the recurring
payments or your account, all accrued sums on or before the payment due
date for the accrued sums. The subscription will continue unless and
until you cancel your subscription, or we terminate it. You must cancel
your Subscription Service before it renews in order to avoid billing of
the next periodic subscription fee to your account. We will bill the
periodic subscription fee to the payment method you provide to us during
registration (or to a different payment method if you change your
payment information).
User Materials. UGC Definition; License Grant. Certain
portions of the Services may allow users to upload or otherwise provide
to Final Expense Leader images, photos, video, data, text, listings and
other content (User Materials). By uploading or otherwise providing User
Materials to the Services, you grant Final Expense Leader an
irrevocable, perpetual, royalty-free worldwide license to (i) use, copy,
distribute, transmit, publicly display, publicly perform, reproduce,
edit, modify, prepare derivative works of or incorporate into other
works, and translate your User Materials, in connection with the
Services, or in any other media; and (ii) sublicense these rights, to
the maximum extent permitted by applicable law. Final Expense Leader
will not pay you for your User Materials or to exercise any rights
related to your User Materials set forth in the preceding sentence.
Final Expense Leader may remove or modify your User
Materials at any time. You are solely responsible for all User Materials
made through your user account(s) on the Services or that you otherwise
make available through the Services. For all User Materials, you
represent and warrant that you are the creator and owner of the User
Materials, or have the necessary licenses, rights, consents, and
permissions (including all permissions required under applicable privacy
and intellectual property law) to authorize Final Expense Leader and
other users to access and use your User Materials as necessary to
exercise the licenses granted by you under these Terms of Use. UGC
Disclaimer. Final Expense Leader is under no obligation to edit or
control your User Materials or the User Materials of any other User and
will not be in any way responsible or liable for any User Materials.
Final Expense Leader may, however, at any time and without prior notice,
screen, remove, edit, or block any User Materials on the Services,
including User Materials, which in Final Expense Leader's sole judgment
violate these Terms of Use or are otherwise objectionable. You
understand that when using the Services, you may be exposed to User
Materials of other users and acknowledge that User Materials may be
inaccurate, offensive, indecent, or objectionable. You agree to waive,
and do waive, any legal or equitable right or remedy you may have
against Final Expense Leader with respect to User Materials. Final
Expense Leader expressly disclaims any and all liability in connection
with User Materials. If notified by a user or content owner that User
Materials allegedly do not conform with these Terms of Use, Final
Expense Leader may investigate the allegation and determine in Final
Expense Leader's sole discretion whether to remove the User Materials,
which Final Expense Leader reserves the right to do at any time and
without notice. For more information on Final Expense Leader's handling
of infringing content, please see Section 12 below. Third-Party/Linked
Services/Sent information. . Generally. The Services may include links
to third-party products, services and websites, as well as materials
provided by third parties, and may include functionality that allows for
the distribution of your User Materials or your personal information
(collectively, your User Information) to third parties not under Final
Expense Leader's control (each, a Third-Party Provider). Third-Party
Providers are solely responsible for their services. You are responsible
for your use and submission of User Information to any third-party, and
your dealings or business conducted with any third party arising in
connection with the Services are solely between you and such third
party. Your use of third-party sites, services, or products may be
subject to associated third-party terms of use and privacy policies or
other agreements, which you are solely responsible for complying with.
Final Expense Leader does not endorse, and takes no responsibility for
such products, services, Web sites, and materials, or a Third-Party
Provider's use of your User Information. By using a tool that allows for
User Information to be transferred, you agree that Final Expense Leader
may transfer the applicable User Information or other information to
the applicable third-parties, which are not under the control of Final
Expense Leader. If you submit a contact form or otherwise indicate your
interest in contacting a Third-Party Provider, you may receive
telemarketing calls from the Third-Party Provider using the contact
information you provided. Third-Party Providers may keep your contact
information and any other information received by the Third-Party
Provider in processing a contact or other request form.
Final Expense Leader is not responsible for any damages or
costs of any type arising out of or in any way connected with your
dealings with these third parties. Certain Third-Party Services.
Non-Affiliated Financial Products. If you choose to contact a
Third-Party Provider on the Services, you authorize Final Expense Leader
to provide the information you submit to the Third-Party Provider. If
you include your name, contact information and other information in a
request, your identity will no longer be anonymous to the Third-Party
Provider. By using these features, the disclosures and consent required
under certain state laws are deemed to be provided, received, and agreed
to. Except for services offered by Final Expense Leader: (a) does not
endorse, refer or recommend any Third-Party Provider that pays Final
Expense Leader or the products of any Third-Party Provider that pays
Final Expense Leader; (b) is not responsible for any errors or delays
caused by consumers or any Third-Party Provider; and (c) does not
guarantee offer of, or acceptance into, any particular program or
specific terms, conditions, or services provided by any Third-Party
Provider, or that any terms, conditions or services offered by any Third
Party Provider will be the best available. Intellectual Property. The
Services are owned and operated by Final Expense Leader. The user
interfaces, design, information, data, code, products, software,
graphics, and all other elements of the Services (Final Expense Leader
Materials) provided by Final Expense Leader are protected by
intellectual property and other laws and are the property of Final
Expense Leader or Final Expense Leader's third-party licensors. Except
as expressly allowed by these Terms of Use, you may not make use of the
Final Expense Leader Materials, and Final Expense Leader reserves all
rights to the Final Expense Leader Materials and Services not granted
expressly in these Terms of Use. Intellectual Property Notices: The
names of actual companies, products, and services mentioned herein may
be the trademarks of their respective owners. Any rights not expressly
granted herein are reserved.
Final Expense Leader does not assert copyright or grant any
rights to the underlying images or descriptions provided through the
Services. Any use of these images and descriptions is subject to the
copyright owner's permission and the requirements of applicable law. If
you choose to provide input and suggestions regarding the Services,
including related to any Final Expense Leader Materials (Feedback), then
you hereby grant Final Expense Leader an unrestricted, perpetual,
irrevocable, non-exclusive, fully-paid, royalty-free right to use the
Feedback in any manner and for any purpose, including the improve the
Services or create other products and services. DMCA; Claims of
Copyright Infringement. Final Expense Leader respects the intellectual
property rights of others and asks that everyone using the Services do
the same. Anyone who believes that their work has been reproduced on the
Services in a way that constitutes copyright infringement may notify
Final Expense Leader's copyright agent in accordance with Title 17,
United States Code, Section 512(c)(2), by providing the following
information: Identification of the copyrighted work that you claim has
been infringed; Identification of the material that you claim is
infringing and needs to be removed, including a description of where it
is located on the Services so that the copyright agent can locate it;
Your address, telephone number, and, if available, e-mail address, so
that the copyright agent may contact you about your complaint; and A
signed statement that the above information is accurate; that you have a
good faith belief that the identified use of the material is not
authorized by the copyright owner, its agent, or the law; and, under
penalty of perjury, that you are the copyright owner or are authorized
to act on the copyright owner's behalf in this situation.
If you give notice of copyright infringement by e-mail, we
may begin investigating the alleged copyright infringement; however, we
must receive your signed statement by mail or as an attachment to your
e-mail before we are required to take any action. Termination/Changes to
Agreement. If you terminate your account, you remain obligated to pay
all outstanding fees, if any, incurred prior to termination relating to
your use of the Services. If you violate any provision of these Terms of
Use, your permission from Final Expense Leader to use the Services will
terminate automatically. In addition, Final Expense Leader may in its
sole discretion terminate your account on the Services or suspend or
terminate your access to the Services at any time for any reason, with
or without notice. Final Expense Leader may alter, suspend or
discontinue the Services or any portion of the Services without notice.
Final Expense Leader will not be liable whatsoever for any
change to the Services or any suspension or termination of your access
to or use of the Services. Final Expense Leader reserves the right to
change these Terms of Use at any time in its sole discretion on a
going-forward basis. We will make commercially reasonable efforts to
notify you of any material changes to these Terms of Use. Your continued
use of the Services after updates are effective will represent your
agreement to the revised version of these Terms of Use. Your continued
use of the Services after the effectiveness of such changes will
constitute acceptance of and agreement to any such changes. You further
waive any right you may have to receive specific notice of such changes
to these Terms of Use. You are responsible for regularly reviewing these
Terms of Use. Privacy Policy/Other Terms. Privacy Policy. Final Expense
Leader will collect, use, store, and disclose personal information in
accordance with its Privacy Policy. Please consult the Privacy Policy
for more information, which is incorporated into, and made a part of,
these Terms of Use. Other Terms. Your use of the Services is subject to
all additional guidelines, rules, and agreements applicable to the
Services or certain features of the Services that we may post on, or
link to, from the Services, such as rules applicable to a particular
product or content available through the Services. You agree to
indemnify, defend, and hold harmless Final Expense Leader, its
affiliates, and their respective directors, officers, employees, and
agents from any and all claims and demands made by any third party due
to or arising out of: (a) your access to or use of the Services; (b)
your breach of these Terms of Use; (c) your violation of any law or the
rights of a third party; (d) any dispute or issue between you and any
third party; (e) any User Materials you upload to, or otherwise make
available through, the Services; (f) your willful misconduct; and (g)
any other party's access to and/or use of the Services using your
account and password. Final Expense Leader reserves the right, at its
own expense, to assume the exclusive defence and control of any matter
otherwise subject to indemnification by you, and in that case, you agree
to corporate with Final Expense Leader's defence of that claim. No
Warranties.
Final Expense Leader PROVIDES THE SERVICES WITH ALL FAULTS
AND AVAILABLE, AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY,
PERFORMANCE, ACCURACY, AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT
PERMITTED BY APPLICABLE LAW, Final Expense Leader AND ITS SUPPLIERS MAKE
NO REPRESENTATIONS, WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED. Final
Expense Leader AND ITS SUPPLIERS EXPRESSLY DISCLAIM ANY AND ALL
WARRANTIES OR CONDITIONS, EXPRESS, STATUTORY AND IMPLIED, INCLUDING
WITHOUT LIMITATION: (A) WARRANTIES OR CONDITIONS OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, ACCURACY, TITLE,
QUIET ENJOYMENT, NO ENCUMBRANCES, NO LIENS AND NON-INFRINGEMENT; (B)
WARRANTIES OR CONDITIONS ARISING THROUGH COURSE OF DEALING OR USAGE OF
TRADE; AND (C) WARRANTIES OR CONDITIONS OF UNINTERRUPTED OR ERROR-FREE
ACCESS OR USE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN,
OBTAINED BY YOU THROUGH THE SERVICES OR ANY MATERIALS AVAILABLE THROUGH
THE SERVICES WILL CREATE ANY WARRANTY REGARDING ANY Final Expense Leader
ENTITY OR THE SERVICES THAT IS NOT EXPRESSIVELY STATED IN THESE TERMS
OF USE. YOU ASSUME ALL RISK FOR ANY DAMAGE THAT MAY RESULT FROM YOUR USE
OF OR ACCESS TO THE SERVICES, YOUR DEALING WITH ANY OTHER USER, AND ANY
MATERIALS, INCLUDING ALL USER AND Final Expense Leader MATERIALS,
AVAILABLE THROUGH THE SERVICES. YOU UNDERSTAND AND AGREE THAT YOUR USE
OF THE SERVICES, AND USE, ACCESS, DOWNLOAD, OR OTHERWISE OBTAINMENT OF
MATERIALS THROUGH THE SERVICES AND ANY ASSOCIATED SITES OR SERVICES, ARE
AT YOUR OWN DISCRETION AND RISK, AND THAT YOU ARE SOLELY RESPONSIBLE
FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM OR
MOBILE DEVICE USED IN CONNECTION WITH THE SERVICES), OR THE LOSS OF DATA
THAT RESULTS FROM THE USE OF THE SERVICES OR THE DOWNLOAD OR USE OF
THOSE MATERIALS. SOME JURISDICTIONS MAY PROHIBIT A DISCLAIMER OR
WARRANTIES AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM JURISDICTION TO
JURISDICTION. Limitation of Liability/Exclusive Remedy. IN NO EVENT WILL
Final Expense Leader OR ANY OF ITS AFFILIATES BE LIABLE FOR ANY
INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES
(INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, OR ANY OTHER
INTANGIBLE LOSS) ARISING OUT OF, BASED ON, OR RESULTING FROM THESE TERMS
OF USE OR YOUR USE OR ACCESS, OR INABILITY TO USE OR ACCESS, THE
SERVICES OR ANY MATERIALS ON THE SERVICES, WHETHER BASED ON (A) BREACH
OF CONTRACT, (B) BREACH OF WARRANTY, (C) NEGLIGENCE, OR (D) ANY OTHER
CAUSE OF ACTION, EVEN IF Final Expense Leader HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY
APPLICABLE LAW, Final Expense Leader ASSUMES NO LIABILITY OR
RESPONSIBILITY FOR ANY (E) ERRORS, MISTAKES, OR INACCURACIES OF
MATERIALS; (F) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE
WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF THE SERVICES; (G)
ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND
ALL PERSONAL INFORMATION STORED THEREIN; (H) ANY INTERRUPTION OR
CESSATION OF TRANSMISSION TO OR FROM THE SERVICES; (I) ANY BUGS,
VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR
THROUGH OUR SERVICES BY ANY THIRD PARTY; (J) ANY ERRORS OR OMISSIONS IN
ANY MATERIALS OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE
OF ANY MATERIALS POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE
AVAILABLE THROUGH THE SERVICES; AND/OR (K) USER MATERIALS OR THE
DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY. THE
AGGREGATE LIABILITY OF Final Expense Leader AND ANY OF ITS AFFILIATES TO
YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE USE OF OR
INABILITY TO USE ANY PORTION OF THE SERVICES OR OTHERWISE UNDER THESE
TERMS OF USE, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS LIMITED TO THE
GREATER OF: (L) THE AMOUNT YOU HAVE PAID TO Final Expense Leader FOR
THE SERVICES IN THE 12 MONTHS PRIOR TO THE EVENTS OR CIRCUMSTANCES
GIVING RISE TO THE CLAIMS; AND (B) $100. SOME JURISDICTIONS DO NOT ALLOW
THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL DAMAGES.
ACCORDINGLY, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. EACH PROVISION
OF THESE TERMS OF USE THAT PROVIDES FOR A LIMITATION OF LIABILITY,
DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS INTENDED TO AND
DOES ALLOCATE THE RISKS BETWEEN THE PARTIES UNDER THESE TERMS. THIS
ALLOCATION IS AN ESSENTIAL ELEMENT OF THE AGREEMENT OF THE PARTIES. THE
LIMITATIONS IN THIS SECTION WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS
ITS ESSENTIAL PURPOSE.
Choice of Law; Disputes. These Terms of Use are governed by
the laws of the State of Illinois, without giving effect to its
conflict of laws provisions. You agree to submit to the personal and
exclusive jurisdiction and venue in the state and federal courts sitting
in Illinois for any and all disputes, claims and actions arising from
or in connection with the Services and/or these Terms of Use. Final
Expense Leader operates the Services from its offices in Illinois, and
we make no representation that the Services are appropriate or available
for use in other locations. You agree not to export from anywhere any
part of the Services provided to you, or any direct product thereof,
except in compliance with, and with all licenses and approvals required
under, applicable export laws, rules and regulations. These Terms of Use
may only be amended by a written agreement signed by authorized
representatives of the parties to these Terms of Use. If any part of
these Terms of Use is determined to be invalid or unenforceable, then
the invalid or unenforceable provision will be replaced with a valid,
enforceable provision that most closely matches the intent of the
original provision and the remainder of these Terms of Use will continue
in effect. The section titles in these Terms of Use are solely used for
the convenience of the parties and have no legal or contractual
significance.
Final Expense Leader may assign this Agreement, in whole or
in part, at any time with or without notice to you. You may not assign
these Terms of Use, or assign, transfer or sublicense your rights, if
any, in the Services. Final Expense Leader's failure to act with respect
to a breach by you or others does not waive its right to act with
respect to subsequent or similar breaches. Except as expressly stated
herein, these Terms of Use, and all expressly incorporated terms and
agreements, constitute the entire agreement between you and Final
Expense Leader with respect to the Services and supersede all prior or
contemporaneous communications of any kind between you and Final Expense
Leader with respect to the Services. The following sections of these
Terms of Use shall survive any termination of these Terms of Use: 4,
6-9, 11-13, and 15-23. Consent to Communications. By using the Services,
you consent to receive certain electronic communications from Final
Expense Leader as further described in the Privacy Policy. Please read
the Privacy Policy to learn more. You agree that any notices,
agreements, disclosures, or other communications that Final Expense
Leader sends to you electronically will satisfy any legal communication
requirements, including that those communications be in writing. The
Services may provide web forms, links, or contact information, including
phone numbers, that can connect you with Final Expense Leader or third
parties, such as Third-Party Providers. Communications through these
methods may be routed through a third-party service (Communications
Service). Calls may be recorded or monitored for quality assurance and
customer service purposes. You will be notified at the beginning of a
call if it may be recorded or monitored. You consent to such recording
and monitoring by Final Expense Leader or the Communications Service.
Final Expense Leader also uses the Communications Service
to track phone calls and text messages so that Final Expense Leader can
access certain details about the contact. As part of this process, Final
Expense Leader and the Communications Service will receive in
real-time, and store, data about your call or text message, including
the date and time of the call or text message, your phone number, and
the content of the text message. You consent to these practices by Final
Expense Leader and the Communications Service.
The information is subject to the Privacy Policy Notice to
California Residents. If you are a California resident, under California
Civil Code Section 1789.3, you may contact the Complaint Assistance
Unit of the Division of Consumer Services of the California Department
of Consumer Affairs in writing at 1625 N. Market Blvd., Suite S-202,
Sacramento, California 95834, or by telephone at (800) 952-5210 in order
to resolve a complaint regarding the Service or to receive further
information regarding use of the Service.
Notice to Apple Users. If you are using our mobile
applications on an iOS device, the terms of this Section 23 apply. You
acknowledge that these Terms of Use are between you and Final Expense
Leader only, not with Apple, and Apple is not responsible for the
Services or related Materials. Apple has no obligation to furnish any
maintenance or support services with respect to the Services. If the
Services fail to conform to any applicable warranty, you may notify
Apple and Apple will refund any applicable purchase price for the mobile
application to you; and, to the maximum extent permitted by applicable
law, Apple has no other warranty obligation with respect to the
Services. Apple is not responsible for addressing any claim by you or
any third party relating to the Services or your possession or use of
the Services, including: (a) product liability claims; (b) any claim
that the Services fail to conform to any applicable legal or regulatory
requirement; and (c) claims arising under consumer protection or similar
legislation. Apple is not responsible for the investigation, defense,
settlement or discharge of any third-party claim that the Services or
your possession and use of the mobile application infringe that third
party's intellectual property rights. You agree to comply with any
applicable third-party terms when using the Services. Apple and Apple's
subsidiaries are third-party beneficiaries of Section 23 of these Terms
of Use, and upon your acceptance of these Terms of Use, Apple will have
the right (and will be deemed to have accepted the right) to enforce
this Section 23 of these Terms of Use against you. You hereby represent
and warrant that: (i) you are not located in a country that is subject
to a U.S. Government embargo, or that has been designated by the U.S.
Government as a terrorist supporting country; and (ii) you are not
listed on any U.S. Government list of prohibited or restricted parties.
TERMS AND CONDITIONS Pursuant to this Agreement,
Final Expense Leader and any person(s) entity that
completes/fills out an online form on Final Expense Leader (henceforth
referred to as the Prospect's) shall agree to the following
terms and conditions. Final Expense Leader is a
matching service and does not make claims or guarantees
including but not limited to service claim, success
claim or income earning potential claim.
By agreeing and digitally signing our terms of service a prospect agrees to receive snail mail, email, phone
and automated prerecorded voice message solicitations from Final Expense Leader, its various business divisions,
affiliates, partners, vendors, list managers and clients who purchase our lists. We may sell the personal
information that you supply to us and we may work with other third party businesses to bring selected retail
opportunities to our members via direct mail, email and telemarketing (including but not limited to
prerecorded phone messages) .These businesses may include providers of direct marketing services and
applications, including lookup and reference, data enhancement, suppression and validation and email
marketing. Refer to our Privacy Policy for more information.
Submitting this form constitutes my signature and agreement that the Final Expense Leader's Marketing Partners may
contact me by telephone (including at my wireless telephone number), email, SMS, or pre-recorded message at
the information I provided through this website, and I understand and agree that this consent applies even
if my number is listed on a state or federal do-not-call list. In no event shall either party be liable for
special, indirect, incidental, or consequential damages, including, but not limited to, loss of use, or loss
of profits.
Prospect agrees he/she is solely responsible for any and all third-party fees a prospect may incur when
being contacted by Final Expense Leader its business divisions, affiliates, partners, clients, vendors and list
managers.
Prospect irrevocably agrees that if a dispute, claim or controversy of any kind arises between the prospect
and Final Expense Leader or any or all of its advertisers/marketing partners, the prospect agrees to resolve the
dispute, claim or controversy by binding arbitration administered by the American Arbitration association in
the state of Illinois (USA) or another location mutually acceptable to the parties. This arbitration
provision limits a prospect's ability to litigate claims in court and a prospect's right to a jury trial. A
prospect also waives his/her right to participate as a class representative or member of any class of
claimants for any and all claims subject to arbitration. This arbitration provision shall survive
termination of this agreement as well as opt-out/cancelling of service of any and all kinds by the prospect.
In event of arbitration the non-prevailing party will pay for any and all reasonable legal expenses (lawyer
fees only) of the prevailing party.
If any of the terms are held unenforceable, the reminder of the terms shall remain in effect. Please DO NOT
digitally sign this agreement if you do not agree with our terms and conditions.
Final Expense Leader reserves the right to terminate this agreement at any time, with or without cause. Termination
notice may be provided via email or any other public means and will be effective immediately. By agreeing
and digitally signing this Agreement, the Prospect warrants that Prospect is at least 18 years of age, and
that there is no legal reason that Prospect cannot enter into a binding contract.