Terms and Conditions of Service Agreement

Effective December 1, 2016

Simple Life provides the information and services on its website under the following terms and conditions (“Agreement”).

Acknowledgement

By accessing and/or using the Simple Life website, you indicate your acceptance of the terms and conditions of this Agreement. Please read this Agreement carefully. If you do not agree to the terms of this Agreement, you should discontinue your use of Simple Life’s website and services. This Agreement is a binding contract that governs all use of the Simple Life website and services. By using the Simple Life website and related services you represent that you are at least 18 years old and legally able to enter into this Agreement.

Confirmation of Insurance Placement

You understand and acknowledge that Simple Life is merely the enrollment medium and is not your insurance broker or insurance carrier. Simple Life does not make representations or warranties of any kind regarding your insurance coverage or lack thereof. We suggest that you always carefully review policy information, communications, regulations and tax information with your Trusted Simple Life Insurance Broker regardless of which insurance company you are applying to or maintaining your coverage with. Your effective date, benefits and policy terms should always be reviewed by an active, licensed insurance broker in the state in which you are purchasing the insurance. If you are ever in question of whether your insurance broker is licensed in your state please visit your state's Department of Insurance website to verify the broker's license status and carrier appointments. You must confirm directly with the underwriting insurance company that all policies obtained through the use of Simple Life’s services or website are in force and effect. Do not cancel any existing insurance coverage until you have confirmed with the new insurance company that your new coverage is in place.

Governing Law

This Agreement shall be interpreted and construed in accordance with the laws of the State of California, without regard to principles of conflicts of law. You (on behalf of yourself and/or your property and/or business) irrevocably submit to the exclusive jurisdiction of any state or federal court within San Mateo County, California, as to any action or proceeding arising out of, or relating to, this Agreement and/or use of the Simple Life website and/or or services.  You also agree not to bring any action or proceeding arising out of, or relating to, this Agreement and/or use of the Simple Life website and/or or services, in any other court. You waive any right to invoke the doctrine of inconvenient forum in any action or proceeding so brought. Nothing in this section shall be construed to modify the requirements for mandatory binding arbitration set forth elsewhere in the BINDING ARBITRATION section of this Agreement.

Modifications

Simple Life reserves the right to, in its sole discretion and without prior notice, (a) revise the terms, conditions, disclosures, notices and policies under which the Simple Life website and service are offered, including but not limited to this Agreement; (b) modify the site and/or the service; and/or (c) discontinue the site and/or service, at any time. Simple Life may change this Agreement at any time without notice. The most recent revision date will be listed at the top of this policy and the posted version of the Agreement will apply to your use of our Web site. If at any time you find this Agreement unacceptable, you must immediately leave the site and cease all use of the service and the site.

Privacy

Protecting the privacy of our clients and users of our site is important to Simple Life. Simple Life’s complete Privacy Policy is expressly incorporated into this Agreement by this reference. The Privacy Policy is also available on the Simple Life website. Additionally, in response to a request by you, Simple Life will provide either (1) a list of the categories of personal information disclosed to third parties for their marketing purposes during the preceding calendar year, with the companies’ names and addresses or (2) a privacy statement giving you a cost-free opportunity to opt out of this information sharing.

Electronic Communications

Applicable laws may require that certain information or communications be in writing. By using the Simple Life website, you accept and agree that communication with Simple Life may be electronic. You also confirm that you have the ability, necessary equipment and software to access Simple Life, to view the documents and print copies. Simple Life may contact you by email or provide you with information by posting notices on the Simple Life website. For any contractual purposes, you agree to electronic means of communication and you acknowledge that all contracts, notices, disclosures, information and any other communications that Simple Life provides to you electronically comply with any legal requirements that such communication be in writing. You are entitled to withdraw your consent to electronic disclosures, contracts, notices and/or communications at any time by contacting us. Should you withdraw your consent to electronic disclosure, contracts, notice and communications, we will send you a paper copy of these documents upon request and as required by law. Simple Life reserves the right to charge fees for the provision of paper copies.

Electronic Signatures

The Simple Life website allows you to sign documents electronically.  By your electronic signature, you represent that the contents of the documents to which you affix your electronic signature are true and complete.

Password Security

Your account information is protected by a password for which you are solely responsible. You are further responsible for protecting your account information against unauthorized access to your computer and electronic devices, and unauthorized access to your account through a shared computer or device. You agree to accept all responsibility for all activities that occur under your account or password. You will immediately notify Simple Life or the third party’s system administrator of any unauthorized use of your password or account or any other breach of security.

Security

Simple Life will take all reasonable steps and precautions to ensure that any information you provide as a result of your access to the Simple Life website is kept secure. Only employees or agents who need personal information to perform a specific job (for example, a customer service representative) are granted access to it. All of our employees and agents are required to sign confidentiality agreements that require that they keep such personal information confidential. However, the security of information transmitted through the Internet can never be guaranteed. Simple Life is not responsible for any interception or interruption of any communications through the Internet or for changes to or losses of data. In order to protect you and your data, Simple Life may suspend your use of the Simple Life website, without notice, pending an investigation, if any breach of security is suspected. In the event of a security breach or suspected security breach regarding your personal information, Simple Life will notify and disclose to you the happening of such event, immediately following discovery of any such breach. However, the disclosure of such a security breach may be delayed if a law enforcement agency determines the notification will impede a criminal investigation.

Availability and Access

Simple Life does not warrant that the Simple Life website (or any third party websites for which we provide links) is free of viruses, malware, worms, Trojan Horses or technical defects of any description‚ and accepts no responsibility for any technical problems arising from your use of the Simple Life website or any third party websites for which we provide links. Simple Life website will endeavor to ensure that the Simple Life website is accessible for 24 hours a day but will not be liable if‚ for any reason‚ the Simple Life website is unavailable for any time or for any period. Simple Life will have the right to suspend access to the Simple Life website (or to any part of it) temporarily or permanently and without notice.

Prohibited Use

As a condition of your use of the Simple Life website, you are prohibited from using the Simple Life website for any purpose that is unlawful or otherwise prohibited by this Agreement. You may further not use the Simple Life website in any manner which could damage, disable, overburden, or impair the Simple Life website or interfere with any other party’s use and enjoyment of the Simple Life website or service. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Simple Life website. You are further prohibited from violating or attempting to violate any security features of the Simple Life website or service.  Any violation of system or network security may subject you to civil and/or criminal liability. Simple Life intends to cooperate fully with any law enforcement officials or agencies in the investigation of any violation of this Agreement or of any applicable laws. Simple Life further reserves the right to refuse service, terminate accounts, remove or edit content, or cancel services without prior notice, due to improper use of and access to the Simple Life website that is unlawful or otherwise prohibited by this Agreement. You agree that Simple Life shall not be liable to you or any third party for unilateral termination of your access to the Simple Life website pursuant to this provision.

Third Party Sites

Simple Life provides links to and information regarding many other websites, including those with whom we may, or may not, have a business relationship. We do not exercise control over those websites, and each has its own privacy policy that is distinct from ours. These other websites may also place their own cookies or other files on your computer, collect data or solicit personal information from you. We are not responsible for the privacy practices or the content of such other websites. We encourage you to read the privacy policies of any such linked websites because their policies may differ from ours. Simple Life further makes no guarantees about the accuracy, currency, content, or quality of the information provided by such other websites, and Simple Life assumes no responsibility for unintended, objectionable, inaccurate, misleading, or unlawful content that may reside on those sites. We are not responsible for, and make no representation whatsoever regarding, the contents of any other websites, including without limitation any link contained in any other websites, or any changes or updates to or within any other websites.  We provide these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Simple Life of any other website or any association with their operators.

Copyright and Trademarks

All contents of the Simple Life website are: Copyright © 2016-Present Simple Life. The information available on or through the Simple Life website is the property of Simple Life, or its licensors, and is protected by copyright, trademark, and other intellectual property laws. Users may not modify, copy, distribute, transmit, display, publish, sell, license, create derivative works or otherwise use any information available on or through the Simple Life website for commercial or public purposes. The names of actual companies and products mentioned herein may be the trademarks of their respective owners. Any rights not expressly granted herein are reserved.

Our Warranties and Disclaimers

Simple Life provides Services using a reasonable level of skill and care, but there are things that are not promised regarding the Simple Life website and services. Information and documents provided on the Simple Life website are provided “as is” without warranty of any kind, either express or implied, including without limitation warranties of merchantability, fitness for a particular purpose, and non-infringement. Simple Life uses reasonable efforts to include accurate and up-to- date information on the Simple Life website; it does not, however, make any warranties or representations as to its accuracy or completeness. Simple Life periodically adds, changes, improves, or updates the information and documents on the Simple Life website without notice. Simple Life assumes no liability or responsibility for any errors or omissions in the content of the Simple Life website. Your use of the Simple Life website is at your own risk, and you assume the risk of any and all damage or loss from use of, or inability to use, the Simple Life website or service.  Simple Life further does not warrant that Simple Life website or service will be uninterrupted or error-free.

Some jurisdictions provide for warranties such as the implied warranty of merchantability, fitness for a particular purpose and non-infringement. We exclude all such warranties to the maximum extent permitted by law.

Indemnity

You agree to indemnify, defend, and hold harmless Simple Life, its officers, directors, employees, consultants, agents, attorneys, representatives, contractors, services providers and affiliates from any and all claims, losses, liability, damages, losses, fines, judgments, disputes, charges, expenses, suits, action and/or costs (including, without limitation, reasonable attorney fees and costs incurred in connection with such claims) made by you or others arising from or related to (1) your access to or use of the Simple Life website and/or Simple Life services; and (2) any violation of this Agreement.

Limited Liability for Our Services

Your use of and access to the Simple Life website and service is entirely at your own risk. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL SIMPLE LIFE BE LIABLE FOR DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES; LOST PROFITS; LOST BUSINESS; LOST INFORMATION, PROGRAMS OR OTHER DATA; DAMAGES FOR BUSINESS INTERRUPTION OR COST OF SUBSTITUTE SERVICES, REGARDLESS OF THE FORESEEABILITY OF THOSE DAMAGES) ARISING OUT OF OR IN CONNECTION WITH YOUR ACCESS TO, USE OF, OR INABILITY TO USE THE SIMPLE LIFE WEBSITE OR ANY OTHER MATERIALS OR SERVICES PROVIDED TO YOU BY SIMPLE LIFE, OR DUE TO ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION THROUGH THE INTERNET, UNDER ANY THEORY OF LIABILITY (WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR ANY OTHER THEORY OR FORM OF ACTION).

Severability

In the event any of these terms and conditions are determined to be illegal, invalid or otherwise unenforceable by reason of the laws of any state or country in which such terms and conditions are intended to be effective, then to the extent of such illegality, invalidity or unenforceability, in relation to such state or country only, such terms or conditions shall be deleted and severed from this Agreement and the remaining terms and conditions shall remain in full force and effect.

Waiver

If Simple Life fails at any time to insist upon strict performance of any of your obligations under this Agreement, or if Simple Life fails to exercise any of its rights or remedies to which Simple Life is entitled under this Agreement, such shall not constitute a waiver of any rights or remedies and shall not relieve you from compliance with such obligations.

Mandatory Arbitration

You agree that any dispute, claim or controversy arising under or relating to this Agreement (“Dispute”) shall be resolved by binding arbitration.  If you are the complaining party in a Dispute, you must institute arbitration proceedings by sending a written demand for arbitration to us. The arbitration shall be administered by JAMS pursuant to its Comprehensive Arbitration Rules and Procedures, which can be obtained at www.jamsadr.com, to be heard a single neutral arbitrator.  The arbitration shall be conducted in San Mateo County, California, unless we agree otherwise. The arbitrator’s decision shall be binding and final.  Judgment on the award may be entered in any court having jurisdiction.

 

YOU MAY ONLY RESOLVE YOUR DISPUTE(S) WITH US ON AN INDIVIDUAL BASIS.  YOU MAY NOT BRING A CLAIM AS A PLAINTIFF OR A CLASS MEMBER IN A CLASS ACTION, A CONSOLIDATED ACTION, OR A REPRESENTATIVE ACTION.  CLASS ARBITRATIONS, CLASS ACTIONS, PRIVATE ATTORNEY GENERAL ACTIONS, AND CONSOLIDATION WITH OTHER ARBITRATIONS ARE EXPRESSLY PROHIBITED.

Questions of arbitrability such as the validity of this arbitration agreement and whether this arbitration agreement applies to a particular dispute shall be decided by the arbitrator. The arbitrator will follow the law and will give effect to any applicable statutes of limitation. The Parties shall equally share the costs charged by JAMS. Each Party shall bear its own costs and attorney fees in connection with the arbitration. Any arbitration award rendered pursuant to this Agreement will be final and binding.

Third Party Beneficiaries

This Agreement controls the relationship between you and Simple Life. This Agreement does not create any third party beneficiary rights.

Entire Agreement

This Agreement sets forth the whole of your agreement with Simple Life relating to your use of the Simple Life website. Nothing said by any employee or representative of Simple Life on Simple Life’s behalf should be understood as a variation of this Agreement.