Website Terms of Use

TERMS OF USE

Welcome to the Prosperity Life Group website, operated by Prosperity Life Insurance Group, LLC on behalf of certain affiliates of Prosperity Group Holdings LP (collectively, with its subsidiaries and insurance operating company affiliates, “Prosperity,” “we,” “us,” or “our”). Our website and online services (“Website”) provide general information about Prosperity and our products and services. All uses of the Website are subject to these Terms of Use.

READ THESE TERMS OF USE CAREFULLY BEFORE ACCESSING OR USING ANY PART OF THE WEBSITE. BY ACCESSING OR USING THIS WEBSITE, YOU AGREE THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THESE TERMS OF USE (AS AMENDED FROM TIME TO TIME). IF YOU DO NOT AGREE TO THESE TERMS OF USE, DO NOT ACCESS OR USE ANY PART OF THE WEBSITE.

We may amend these Terms of Use at any time in our sole discretion by posting the amended terms to this Website. Any modifications shall be effective immediately upon posting to the Website. Your continued use of the Website following any such modification means that you accept and agree to the updated Terms of Use as amended. If you do not agree to the updated Terms of Use or are dissatisfied with the Website, your sole and exclusive remedy is to discontinue using the Website. The most current version of the Terms of Use are available through the “Terms of Use” link at the bottom of each page on this Website.

Certain services or features and certain areas within this Website may be governed by additional terms (“Additional Terms”) presented in conjunction with those services, features or areas. The Additional Terms and these Terms of Use, taken together, shall apply to your use of those services, features or areas. If there is any inconsistency between the Additional Terms and these Terms of Use, the Additional Terms shall control. We may occasionally revise the Terms of Use and Additional Terms based on changes to the Website, among other factors. Any revisions go into effect once they are posted.

Use of the Website

You agree to use the Website only for lawful purposes. Without limiting the foregoing, you shall not: use the Website to violate the rights of others or to violate the laws of any jurisdiction; upload to or transmit on the Website any advertisements or solicitations of business; upload to or transmit on the Website any defamatory, indecent, obscene, harassing, violent or otherwise objectionable material, or any material that is, or may be, protected by copyright, without permission from the copyright owner; restrict or inhibit use of the Website by others; upload or otherwise transmit files that contain a virus or corrupted data; collect information about others without their consent; download a file or software or include in a message any software, files or links that you know, or have reason to believe, cannot be distributed legally over the Website or that you have a contractual obligation to keep confidential; misrepresent an affiliation with any person or organization; engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by Prosperity, may harm Prosperity or users of the Website or expose them to liability.

You acknowledge and agree that the information and instructions you provide to us through the Website are true, accurate, and complete. You agree to update us if the information changes. We may use third parties to verify all or a portion of your information.

If we provide you with login credentials to access certain features of this Website, you agree that (1) you will keep this information secure and confidential; (2) you will not share such information with third parties; and (3) you understand that you are responsible for all activity any person conducts using your login credentials to access the Website, regardless of whether or not you authorized the activity.

Prosperity reserves the right, but does not assume any responsibility, to: (1) remove, as applicable, any material posted on the Website which we, in our sole discretion, deem inconsistent with the foregoing commitments; and (2) terminate any user’s access to all or part of the Website. However, we cannot review all material before it is posted on the Website or ensure prompt removal of objectionable material after it has been posted; therefore, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by third parties. We reserve the right to take any action we deem necessary to protect the personal safety of users of this Website and the public; however, we have no liability or responsibility to anyone for performance or nonperformance of the activities described in this paragraph, except as required by applicable law.

Prosperity Life Group℠

Prosperity Life Group℠ is a marketing name for products and services provided by certain affiliates of Prosperity Group Holdings LP (“PGH”). This Website is owned and operated by Prosperity Life Insurance Group, LLC (“PLIG”), a Delaware LLC, on behalf of certain PGH affiliates offering insurance and related financial products and services in the United States.

Product Offerings

The insurance products and services described on this Website are offered by Prosperity U.S. underwriting companies SBLI USA Life Insurance Company, Inc., a New York domestic company, S.USA Life Insurance Company, Inc., an Arizona domestic company, and Shenandoah Life Insurance Company, a Virginia domestic company, or their distributors. Only SBLI USA Life Insurance Company, Inc. is authorized to do an insurance business in New York. Neither S.USA Life Insurance Company, Inc. nor Shenandoah Life Insurance Company are authorized insurers in New York and do not market products there. Please be aware that some of the products, services, product features or underlying investment options described on this Website may not be available in your state and generally are not available outside the United States. The laws of each country, state, or territory may differ. References to products or services that are not available in your jurisdiction do not imply that such products or services will be made available to you, and nothing on this Website shall be considered a solicitation to buy or an offer to sell a security, insurance product or service to any person in any jurisdiction where such offer or solicitation, purchase or sale would be unlawful under the securities, insurance or other laws of such jurisdiction. Your eligibility for certain products and services is subject to final determination of underwriting qualifications or other eligibility criteria and acceptance by the member company providing such product or service.

Claims Submissions

If you file a claim under your policy, the information you submit and the loss are subject to review and verification. We reserve the right to request additional information before making a final decision on your claim. In some cases, a claim representative may contact you regarding your claim. In all cases, your claim is subject to the terms and conditions in your policy.

Privacy and Protection of Personal Information

Your use of this Website is also governed by our Privacy Policy, which can be found here. Please review the Privacy Policy to learn about our information practices regarding the collection, use, disclosure and protection of personal information.

Agreement to Conduct Electronic Transactions

We are required by law to provide certain disclosures to you before you enter into a transaction electronically via the Website, as applicable. In addition, we need your consent to enter into such transactions before we can deliver, or authorize the delivery of, certain documents to you electronically. If you enter into a transaction with us via the Website, as applicable, you acknowledge that you have read our Electronic Document Disclosure and Consent form (which has been separately provided to you) and agree to the terms and conditions set forth therein.

Disclaimer of Warranties

Although our intent is to provide accurate and up-to-date information on this Site, that is not always possible. We make no warranty or representation that the information and material contained in this Website is complete, accurate, up-to-date or error-free or that known defects will be corrected. Content, services, or functions available on this Site may contain inaccuracies or errors and may be revised or updated at any time without notice. ALL CONTENT, SERVICES AND FUNCTIONS ON THIS SITE, OR ANY OTHER WEBSITE LINKED TO THIS SITE, ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. Some jurisdictions do not allow the exclusion of certain implied warranties, in which event any required warranty applies to the minimum extent legally required.

Limitation of Liability

IN NO EVENT WILL PROSPERITY OR ITS PREDECESSORS, SUCCESSORS, PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, SHAREHOLDERS, INVESTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, ATTORNEYS AND THEIR RESPECTIVE HEIRS, SUCCESSORS AND ASSIGNS BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY DAMAGES, INCLUDING DIRECT, SPECIAL. INCIDENTAL, PUNITIVE, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, ARISING OUT OF OR RELATED TO THE USE OF, OR THE INABILITY TO USE, THIS WEBSITE OR ANY OTHER LINKED Website OR OBTAINED FROM YOUR USE OF THIS SITE, EVEN IF WE OR ANY OF OUR REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. This disclaimer of liability applies to any damages or injury caused by, without limitation, any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of record, whether for breach of contract, tortuous behavior, negligence, or under any other cause of action. Some jurisdictions do not allow limitation or exclusion of certain liabilities or damages, in which event in such jurisdiction the foregoing shall apply to the maximum extent allowed by law. You are responsible for the entire cost of all servicing, repair or correction of your property or operations, including without limitation your computer, network, software or any device, required of or as a result of or related to using this Site. In no event shall the total liability to you of Prosperity and its predecessors, successors, parents, subsidiaries, affiliates, officers, directors, shareholders, investors, employees, agents, representatives, attorneys and their respective heirs, successors and assigns for all damages, losses and causes of action — whether in contract, tort (including, but not limited to, negligence), strict liability or otherwise — exceed the amount paid by you, if any, for accessing this Site.

Availability

Prosperity may alter, suspend or discontinue this Website or your access to use it at any time for any reason without notice or liability to you or any third party. This Website may also become unavailable due to maintenance or malfunction. No warranty or representation is made that any Content, service, product or function, including without limitation any downloadable files, available at this Website is free of computer viruses, malware or other destructive or harmful programs, software, code or devices which may erase, scramble, lock or disable any computer software, content or equipment or may prevent users from using a site or any other item of hardware or software. You should routinely scan your system and downloaded files for such disabling devices.

Proprietary Information/Copyright

All information, material and content accessible or generated by this Website, including, but not limited to text, graphics, images, icons, software applications and code, video, audio, and user interface design (“Content”) is the proprietary information of Prosperity or our licensor, and is protected by United States and foreign copyright laws and conventions. Prosperity or our licensor retains all right, title and interest in and to the Content. You may print a copy of the Content for personal use only, provided that you do not remove or alter, or cause to be removed or altered, any copyright, trademark, service mark, or any other proprietary notice or regulatory disclosure. You may not modify, reproduce, copy, distribute, transmit, display, publish, download or upload, sell, license, create derivative works of or use any aspect of the Content for commercial or public purposes or for any other purpose not expressly permitted by these Terms.

Trademarks

The trademarks, service marks, and logos (“Trademarks”) used and displayed on this Website are registered and unregistered trademarks of the member companies of Prosperity, or are owned by others and used with the owner’s permission. You may not use, copy, download, display, transmit or modify any Trademark without the prior written consent of its owner. Use of any Trademark as part of a link to or from any site is also prohibited unless establishment of such a link is approved in advance in writing by Us.

Not Providing Investment Advice or Soliciting Offers

This Website does not provide personalized investment advice. All information available to you on or through this Website is provided for informational purposes only, and no reference to any specific security constitutes a recommendation to buy, sell or hold that security or any other security. No security product is offered or will be sold in any jurisdiction in which such offer or sale would be unlawful under the securities, insurance, or other laws of such jurisdiction.

Not Providing Legal or Tax Advice

The information found on this Website is not intended to be, and must not be taken to be, legal or tax advice to any customer, prospective customer or other member of the public. You should rely solely on the advice of your own attorney, accountant, or other professional advisor with respect to legal and tax matters.

Third Party Content

We may provide information on this Website supplied by third parties, or links and frames of sites owned or operated by third parties (“Third Party Sites”). These are provided for convenience and for general informational purposes only. Any views, opinions, advice or information expressed or made available by a third party and displayed or linked in this Website are those of such third party only and do not reflect those of Prosperity. We do not guarantee or assume any legal liability or responsibility for the accuracy, completeness, or usefulness of any of the views, opinions, advice or information expressed or made available by a third party and displayed or linked in this Site. Reference within the articles to any specific commercial products, processes, or services by trade name, trademark, manufacturer, or otherwise does not constitute or imply its endorsement, recommendation, or favoring by Prosperity. Nor shall any information or statements contained in these articles be used for the purposes of advertising, or to imply an endorsement or recommendation.

Prosperity is not responsible for the content of any Third Party Sites and cannot guarantee that such sites will not change without our knowledge. Inclusion of links to and frames of Third Party Sites in this Website does not imply our endorsement, authorization, or sponsorship of the Third Party Sites or their content, unless specifically stated otherwise on that site. We accept no responsibility for the content, products or services provided on any Third Party Site. Your decision to access such Third Party Sites is solely at your own risk. We are not liable for any damages you may incur as a result of clicking on a link to any Third Party Site.

Children

This Website is not intended to market any products or services to children under thirteen (13) years of age. We do not knowingly gather or solicit data from children under thirteen (13) years of age through this Website for marketing or any other purpose. By using this Site, you represent that you are thirteen (13) years of age or older.

Governing Law/Miscellaneous

These Terms of Use are governed by the laws of the State of New York, without regard to its conflicts of law principles, and shall inure to the benefit of Prosperity or its successors and assigns, whether by merger, consolidation or otherwise. These Terms of Use, as they may be amended from time to time, completely and exclusively state the agreement between you and Prosperity with respect to your use of the Website, and no other terms that may have been communicated to you orally or in any other manner shall have any force or effect. Exclusive jurisdiction over any cause of action arising out of these Terms of Use or your use of the website shall be in the state or federal courts located in the State of New York. You agree to submit to the jurisdiction of such courts. Any cause of action you may have arising out of or related to your use of this Website must be commenced within one (1) year after the cause of action arises.

The headings used in these Terms of Use are included for convenience only and will not limit or affect in any way the Terms of Use. We reserve the right to seek all remedies available at law and equity for violations of these Terms of use, as well as the right to restrict access to this Website or any portion of it. These Terms of Use represent the entire agreement between Prosperity and you relating the subject matter herein. If any provision of these Terms of Use is deemed unlawful, void or for any reason unenforceable, then that provision will be deemed severed from these Terms of Use and will not affect the validity and enforceability of the remaining provisions.