Terms of Use

Please read the following terms of use (collectively, these “Terms of Use”) carefully before you start to use our Website.

When we refer to “Everly,” “we,” “us,” or “our” in these Terms of Use, we are referring to Everly, LLC and each of its affiliates, including Security Benefit Life Insurance Company (“SBLIC”). Everly is a direct-to-consumer company that is reimagining insurance with more simplicity, flexibility and control. “Website” means www.Everlylife.io and any other Internet sites operated by us, our online services, mobile services, and software.

By visiting or using the Website, you acknowledge that you have read, understood, and accept these Terms of Use and the Online Privacy Policy found at www.Everlylife.io. If you do not agree to these Terms of Use or the Online Privacy Policy, you must not access or use the Website.

Accessing the Website and Account Security

You must be at least 18 years old (or, if greater, the age of majority) to use this Website. We reserve the right to withdraw or amend this Website, and any service or content we provide on the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users, including registered users.

You are responsible for:

  • making all arrangements necessary for you to have access to the Website and
  • ensuring that all persons who access the Website through your Internet connection are aware of these Terms of Use and comply with them.

To access the Website or some of the resources it offers, you may be asked to provide certain registration details or other information. You agree to provide us with correct, current, and complete information about you as prompted by the registration process on this Website or otherwise, including but not limited to through the use of any interactive features on the Website, and you agree to regularly update this information to maintain its accuracy and completeness.

If you choose, or are provided with, a user name, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Website or portions of it using your user name, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

We have the right to disable any user name, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.

Changes to the 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 Website thereafter. By continuing to access and use the Website following the posting of revised Terms of Use, you accept and agree to the changes.

Insurance Products

Eligible individuals may apply for insurance products through the Website. Insurance products are underwritten and issued by Security Benefit Life Insurance Company. Insurance products are only available to people in those jurisdictions in which they may be legally sold. Everly and SBLIC are not licensed in and do not sell insurance or conduct insurance business in New York. For information on the insurance-related licenses we hold, please email legal@everlylife.io.

By applying for insurance products through the Website, we are acting as a licensed insurance producer by taking your application. In addition, we will provide you educational information, which may be created by affiliates or third parties, and will provide administrative and other services with respect to the insurance product you  purchase through the Website. You understand that we are being paid by SBLIC for the marketing, administration, and other services we provide with respect to the insurance product you purchase through the Website.

Approval of your application for an insurance product is not guaranteed and is subject to acceptance by SBLIC, based upon its underwriting guidelines. With respect to any insurance product, if any term or condition of these Terms of Use differ from the terms and conditions of the insurance product, the contract provisions of the insurance product will control.

If you have a complaint about any insurance products offered through the Website, you may also report your complaint to the insurance regulator in the state you purchased your insurance product. However, we would like you to give us an opportunity to resolve your complaint. Contact information for state insurance regulators in the United States may be found at www.naic.org.

Reliance for Financial Decisions

The Websites do not, and are not intended to, provide any financial, investment, retirement planning, insurance, legal, accounting, or tax advice. We do not guarantee the accuracy, completeness or usefulness of this information to your own specific financial circumstances. All products and services are subject to the terms and conditions of the applicable agreements.

Third Party Content

This Website may include content provided by third parties, including content and other materials provided by third-party licensors, syndicators, aggregators, and/or reporting services. We are not responsible, and assume no liability to you or any third party, for content provided by any third party. We are not responsible for the accuracy or completeness of any such content and we reserve the right, in our sole discretion, to remove any such content  at any time.

Collection and Use of Personal Information

All information we collect on this Website is subject to the Privacy Notice found at https://www.everlylife.io/privacy. By using the Website, you consent to all actions taken by us with respect to your information in compliance with  the Privacy Notice.

Website Security

We maintain commercially reasonable safeguards designed to protect files available for downloading from the Website. However, we cannot and do not guarantee that files you download will be free of viruses or other harmful code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our Website for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY ANY VIRUS OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY CONTENT POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

We maintain commercially reasonable safeguards designed to prevent any unauthorized use, access, processing, destruction, loss, alteration, or disclosure of the data and information you provide us. In the event that any data or information under our control is compromised as a result of a breach of security, we will investigate the situation and where appropriate, notify those individuals whose information may have been compromised and take other steps, in accordance with any applicable laws and regulations

Links from the Website

The Website may contain links to other websites or services provided by other parties. These links, which may include links contained in advertisements, are provided for your convenience only. We have no control over those other parties, or their websites, services or content, or how they may use your data, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the other party websites or services via a link from this Website, you do so entirely at your own risk and subject to the terms and conditions of use and privacy policies, where applicable, for such websites and services.

Intellectual Property Rights

The Website and its entire contents, features, and functionality (including but not limited to all information, logos, service marks, trademarks, product and service names, designs, slogans, software, text, displays, images, “look and feel” attributes, video, and audio, and the design, selection, and arrangement thereof), are owned by Everly or by SBLIC, its licensors, or other providers of such content and are protected by United States and/or international copyright, trademark, patent, trade secret, and/or other intellectual property or proprietary rights laws. We reserve all of our rights in and to this property, and will actively and aggressively enforce our intellectual property rights to the fullest extent of the law. Any use requires our written permission.

No right, title, or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted herein are reserved by Everly and by SBLIC.

Any postings made by you to the Website 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.

The Online Copyright Infringement Liability Limitation Act (OCILLA), a portion of the Digital Millennium Copyright Act known as DMCA Section 512, is a U.S. federal law that provides a safe harbor to online service providers that promptly take down content if someone alleges it infringes their copyright. In accordance with this Act, Everly has implemented procedures for receiving written notification of claimed infringements and for processing such claims.

If you believe that your work has been copied on the Sites in a way that constitutes copyright infringement,

please contact our Copyright Agent listed below, who is designated pursuant to the Digital Millennium Copyright Act, 17 U.S.C. § 512(c)(2), with the following information:

  • Your address, telephone number, and/or email address;
  • Identification of the allegedly infringing material that is to be removed or disabled, and information reasonably sufficient to permit us to locate the material (including, if possible, a link to the material);
  • Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works;
  • A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
  • A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; and
  • A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Agent for Notice of claims of copyright infringement can be reached as follows:

Copyright Agent:

Everly, LLC, Attn:  Legal Counsel

PO Box 758605

Topeka, KS 66675-8605

Phone: (855) 290-0529

Legal@everlylife.io:*This e-mail and phone number are for use only for communications relating to DMCA notices. For inquiries or communications on other topics, please find appropriate contact information at  privacy.inquiry@everlylife.io.

If we take measures to remove or disable content, we will make a good-faith attempt to contact the user who uploaded the content so that he or she may make a counter-notification pursuant to 17 U.S.C. § 512(g) of the Copyright Act. Your complaint, along with your personally identifying information, may be shared with the user who uploaded the content at issue. It is our policy to document all notifications of alleged infringement on which we act. As with all legal notices, a copy of the notification may be sent to one or more third parties who may make it available to the public. If you are a user of the Sites and content that you have uploaded has been removed or disabled, you may file a counter-notification pursuant to 17 U.S.C. § 512(g) of the Copyright Act. To be effective, the counter-notification must be a written communication sent to the Copyright Agent listed above that includes the following:

  • Your physical or electronic signature; 
  • Identification of the material that has been removed or to which access has been disabled, and the location at which the material appeared before it was removed or access to it was disabled; 
  • A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and
  • Your name, address, and telephone number, and a statement that you consent to the jurisdiction of Federal 

District Court for the judicial district in which the address is located or, if your address is outside of the United States, for any judicial district in which Everly may be found, and that you will accept service of process from the person who provided notification under subsection 17 U.S.C. § 512(c)(1)(C) or an agent of such person.

Please be advised that it is Everly’s policy to terminate the accounts of users who repeatedly violate this Copyright

Limitations of Use

These Terms of Use permit you to use the Website for your personal and non-commercial use, and only for lawful purposes.

You may not:

  • use, reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the content on our Website, for any other purpose;
  • modify copies of any content from this Website; or
  • delete or alter any copyright, trademark, or other proprietary rights notices from copies of content from this Website.

In addition, you agree not to use the Website:

  • in any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries);
  • to transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any “junk mail”, “chain letter”, “spam”, or any other similar solicitation;
  • to impersonate or attempt to impersonate Everly, an Everly employee, another user, or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing);
  • to engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, may harm Everly or users of the Website or expose them to liability;
  • to introduce any viruses, trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful; or
  • otherwise attempt to interfere with the proper working of the Website.

In the event of your breach of the Terms of Use or for any other reason we determine in our sole discretion, we may immediately suspend or terminate your access to the Website without prior notice. Upon any such suspension or termination, you continue to be bound by these Terms of Use. Any use of the Website not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate, among other things, copyright, trademark, and other laws. We may change the Website, stop offering products and services through the Website, or create usage limits for the Website without prior notice. Notwithstanding the foregoing, any such suspension, termination, or other change to the Website shall not be with respect to and shall not affect any products and services, including insurance coverage, you’ve already obtained through the Website.

Geographic Restrictions

The owner of the Website is based in the State of Kansas in the United States. We provide this Website for use only by persons located in the United States and in those states in which we may conduct insurance business. We make no claims that the Website or any of its content is accessible or appropriate outside of the United States or in states in which we may not conduct insurance business. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws. The insurance products on this Website are not offered in New York and are only offered in those states that Everly and Security Benefit Life Insurance Company may sell insurance or conduct insurance business.

Disclaimer of Warranties

YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER EVERLY NOR ANY INDIVIDUALS OR PERSONS ASSOCIATED WITH EVERLY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER EVERLY NOR ANYONE ASSOCIATED WITH EVERLY REPRESENTS OR WARRANTS, OR MAKES ANY OTHER COMMITMENT, THAT THE WEBSITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

TO THE FULLEST EXTENT PROVIDED BY LAW, EVERLY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Limitation on Liability

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL EVERLY, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE. THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Indemnification

You agree to defend, indemnify, and hold harmless Everly, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns (the “Everly Parties”) from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use of the Website, including, but not limited to, any use of the Website’s content, services, and products other than as expressly authorized in these Terms of Use or your use of any information obtained from the Website. We reserve the right, at our 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 our prior written consent.

Governing Law, Jurisdiction, and Venue

All matters relating to the Website and these Terms of Use and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Kansas without giving effect to any choice or conflict of law provision or rule (whether of the State of Kansas or any other jurisdiction).

Any legal suit, action, or proceeding arising out of, or related to, these Terms of Use or the Website shall be instituted exclusively in the federal courts of the United States or the courts of the State of Kansas, although we retain the right to bring any suit, action, or proceeding against you for breach of these Terms of Use in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

Arbitration

At our sole discretion, we may require you to submit any disputes arising from the use of these Terms of Use or the Website, including disputes arising from or concerning their interpretation, violation, invalidity, nonperformance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying Kansas law.

Waiver and Severability

No waiver by us of any term or condition set out in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of ours to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

Entire Agreement

The Terms of Use and our Privacy Policy constitute the sole and entire agreement between you and Everly regarding the Website and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Website.

General Provisions

General Provisions

These Terms of Use 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 of Use. 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.

Permission to Contact

When you give us your email address, you are giving us permission to contact you through the contact information you provide. You represent to us that you are the subscriber of the email address you provide to us and that we can contact you.  Your consent allows us to contact you for any purpose, including to assist you with your application, service your account, or provide you with marketing offers or promotions regarding our products or services and education/ideas that might interest you. You may change your preferences at any time by logging into www.Everlylife.io.

How to Contact Us

If you have any questions or want to request information related to these Terms of Use, please contact us by email at legal@everlylife.io.

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