Terms and Conditions
By accessing this web site, you agree to be bound by the following terms and conditions of use (the “Terms”) without limitation or qualification.
Please direct any questions about these Terms or any other questions or problems with this web site to email@example.com.
Lifesettlements.com is a website for New Advantage LLC, (“New Advantage”) and is for information and life insurance policy evaluation and qualification purposes only. New Advantage is a marketing company. It is not a life settlement provider or broker. New Advantage will refer qualified policies to a licensed entity. Any details stated in case examples listed on this web site may be approximations. Such details were reported to New Advantage by a third party and are being presented by New Advantage without independent verification.
The Life Settlement Qualifier is a tool intended to assist New Advantage in the evaluation and qualification of life insurance policies. It is not intended to represent a bid or an actual offer to purchase a life insurance policy. Use of the Life Settlement Qualifier tool does not guarantee that any life settlement provider will or will not offer to purchase a policy. By using the Life Settlement Qualifier tool, you authorize New Advantage or its affiliates to contact you, including by telephone. You further authorize New Advantage to provide any and all information given by you on this form, including your personal and/or health information, to New Advantage’s affiliates, as well as to non-affiliated life settlement providers, brokers and other contracted parties, for the purpose of evaluating and qualifying for a life settlement or other mortality-based product.
Telephonic Communications and Agreement to be Contacted
You acknowledge that telephone calls to or from New Advantage or its affiliates may be monitored and recorded and you agree to such monitoring and recording. You verify that any contact information provided to New Advantage, including, but not limited to, your name, mailing address, email address, your residential telephone number, and/or your mobile telephone number, is true and accurate. You verify that you are the current subscriber or owner of any telephone number that you provide to us. Should any of your contact information change, including your telephone numbers, you agree to notify us before the change goes into effect by mail at Attention: New Advantage, 930 Harvest Drive, Blue Bell, PA 19422, or email at firstname.lastname@example.org.
You agree to indemnify, defend and hold New Advantage and its affiliates harmless from and against any and all claims, losses, liability, costs, and expenses (including reasonable attorneys’ fees) arising from failure to update your contact information (including your telephone number), your voluntary provision of a telephone number that is not your own, and /or from your violation of any federal, state, or local law, regulation, or ordinance.
You acknowledge that by voluntarily providing your telephone number(s) to New Advantage, you expressly agree to receive prerecorded voice messages and/or autodialed calls or text messages from us, including alerts about your relationship with New Advantage, and other products or services offered by New Advantage or its affiliates. You also agree that New Advantage may obtain, and you expressly agree to be contacted at, any email addresses, mailing addresses, or phone numbers provided by you directly at any time or obtained through other lawful means, such as caller ID capture. You agree to receive automated calls and text messages even if your policy does not qualify, except if you opt-out, as provided below. Consent to receive automated marketing calls/texts is not a condition of qualifying your policy. New Advantage or its affiliates may call or text you even if your telephone number is registered on any state or federal Do Not Call list. You acknowledge that you may incur a charge for these calls or text messages by your telephone carrier and that New Advantage and its affiliates are not responsible for these charges.
You may opt-out of automated calls or text messages at any time. To opt-out of text messages, you must reply STOP to any text message. For help, text HELP. You acknowledge and agree that you may receive a text message confirming your opt-out. To opt-out of automated voice calls (but not text messages), you must (i) provide us with written notice revoking your consent; (ii) in that written notice, you must include your full name, mailing address, and the specific phone number(s) for which you wish to cease telephonic communications; and (iii) send this written notice to Attention: New Advantage, 930 Harvest Drive, Blue Bell, PA 19422, or email at email@example.com. Please allow up to thirty (30) days to process any opt-out request. Please note that if you opt out of automated calls, we reserve the right to make non-automated calls to you. Your obligations under this Section shall survive termination of these Terms.
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS AND LIMITS CERTAIN RIGHTS INCLUDING, BUT NOT LIMITED, TO THE RIGHT TO BRING AN ACTION IN COURT, TO SEEK TRIAL BY JURY, AND TO BRING CLASS ACTIONS.
Any claim, dispute, or controversy arising from or relating to your relationship with New Advantage or its affiliates, whether in contract, tort, pursuant to statute, regulation, ordinance, or in equity or otherwise, wherever and by whomever commenced (“Claim”), shall, upon delivery of a written notice demanding arbitration to the other party (including a written notice after the commencement of a lawsuit or a notice contained in court filings in any such lawsuit), be resolved by binding arbitration on an individual (not class) basis only. Such arbitration shall be governed by the Federal Arbitration Act, 9 U.S.C. §§ 1 et seq. (and not any state law concerning arbitration), these Terms, and the applicable rules of JAMS–excluding any rules pertaining to class arbitration, and subject to any modifications of those rules by this Arbitration Agreement–in effect at the time of the written notice demanding arbitration. In the event of a conflict between JAMS rules and this Arbitration Agreement, this Arbitration Agreement shall control. In the event of a conflict between this Arbitration Agreement and another potentially applicable contractual arbitration provision, this Arbitration Agreement shall control. The arbitrators shall not apply any arbitration provision other than this Arbitration Agreement in administering any arbitration concerning Claims falling within the scope of this Arbitration Agreement. The term “Claim”, as used in this Arbitration Agreement, is to be given the broadest possible meaning, and includes without limitation claims, disputes, or controversies arising from telephone, email, text or written communications from New Advantage or its affiliates, or qualifying your policy for possible purchase. Any dispute regarding arbitrability, including the permissibility of class arbitration, however, shall be resolved by a court of competent jurisdiction, and not in arbitration. For avoidance of doubt, all disputes regarding the availability of classwide or consolidated arbitration shall be resolved in court and not in arbitration, regardless of the posture under which such disputes arise. YOU WILL NOT HAVE THE RIGHT TO A JURY TRIAL IN ARBITRATION. DISCOVERY AND RIGHTS TO APPEAL GENERALLY ARE MORE LIMITED IN ARBITRATION THAN IN A LAWSUIT, AND OTHER RIGHTS APPLICABLE IN COURT MAY NOT BE AVAILABLE IN ARBITRATION.
THE ARBITRATION AGREEMENT IS FULLY BINDING IN THE EVENT THAT A CLASS ACTION OR SIMILAR LAWSUIT OR CLASS ARIBTRATION IS FILED IN WHICH YOU WOULD BE A CLASS REPRESENTATIVE OR MEMBER, OR WOULD ACT IN A PRIVATE ATTORNEY GENERAL CAPACITY. YOU AGREE THAT THERE SHALL BE NO CLASS OR CONSOLIDATED ARBITRATION OF ANY CLAIM, AND YOU EXPRESSLY WAIVE ANY RIGHT TO ARBITRATE OR LITIGATE IN A CLASS ACTION.
JAMS will be used for the purposes of administering an arbitration governed by this Arbitration Agreement. The web site containing applicable rules for JAMS is www.jamsadr.com. The arbitration will be decided by one (1) arbitrator, who must be a lawyer with more than ten (10) years of experience or a retired judge.
Arbitrations seeking relief less than $100,000 in the aggregate will be held within the federal judicial district encompassing the city where you reside. Arbitrations seeking relief of $100,000 or more in the aggregate will be held in Philadelphia, Pennsylvania.
New Advantage will pay the first $2,500.00 in fees charged by the arbitration administrator for Claim(s) associated by you in the arbitration, after you have paid an amount equivalent to the fee, if any, had such Claim(s) been filed in state or federal court (whichever is less) in the judicial district in which you reside or are located. Thereafter, the parties to the arbitration shall share the arbitration fees equally, which amounts shall not be recoverable in the arbitration. Each party to the arbitration shall be responsible for its own attorney, expert, and other fees.
Consistent with the individual (not class) nature of the arbitration for which this Arbitration Agreement provides, there shall be no discovery in such arbitration of the name or other identifying information of any insured or policy owner. Nor shall there be discovery in such arbitration of any trade secret, or any document or information pertaining exclusively to one or more transactions in which you were not directly involved. The arbitrator shall apply the Federal Rules of Civil Procedure and Federal Rules of Evidence, except that in the event of a conflict between any of those rules and this Arbitration Agreement, this Arbitration Agreement shall control.
If any portion of this Arbitration Agreement is deemed invalid or unenforceable, it shall not invalidate the other provisions of the Arbitration Agreement; provided, however, that if the prohibition on classwide arbitration is deemed invalid or unenforceable–an issue that may be considered only in a putative class proceeding–then this entire Arbitration Agreement shall be null and void.
NEW ADVANTAGE MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION CONTAINED IN THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED ON THIS SERVER FOR ANY PURPOSE. ALL SUCH DOCUMENTS AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. NEW ADVANTAGE AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED ON THIS SERVER COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. NEW ADVANTAGE OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE FORM(S) AND/OR THE TOOL(S) PROVIDED OR DESCRIBED HEREIN AT ANY TIME.
Limitation of Liability.
IN NO EVENT SHALL NEW ADVANTAGE DIRECT BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF INFORMATION AVAILABLE FROM THIS SERVER.
Notice Specific to Content Available on this Web site.
No permission of any kind is granted regarding the use or reproduction of the design or layout of the www.lifesettlements.com web site or any other owned, operated, licensed or controlled site by New Advantage. Elements of this web site are protected by trade dress, trademark, unfair competition, and other laws and may not be copied or imitated in whole or in part. No logo, graphic, sound or image from any New Advantage web site may be copied or retransmitted unless expressly permitted by New Advantage.
Copyright © 2014-2018 New Advantage LLC, 930 Harvest Drive, Blue Bell, PA 19422, U.S.A. All rights reserved.
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. New Advantage reserves the right to change the Terms at any time and from time to time by revising these Terms. You are responsible for regularly reviewing these Terms.