Updated July 2022
all wholly owned subsidiaries of Sammons Financial Group, listed below, jointly and individually, as well as
to their subsidiaries, affiliates, predecessors, successors and assigns.
Midland National Life Insurance Company®
North American Company for Life and Health Insurance®
Sammons Institutional Group, Inc. ®
This Agreement applies to your use of any of the Companies' online interfaces (e.g. websites, applications,
or online services) (collectively the "Sites") including any content, functionality, and services offered
on or through the Sites, regardless of how you access the Sites.
Your access and use of the Sites and features, transactions, and services provided by the Companies through
the Sites (individually and collectively, the "Service") are subject to the terms and conditions in this
Agreement. Please read these terms and conditions carefully before using the Sites. These terms and
conditions include provisions (i) requiring arbitration of certain disputes (from which you can opt out
within 30 days); (ii) waiving the right to a jury trial; (iii) waiving the right to file a class action
lawsuit; (iv) waiving the right to arbitrate a class action; and (v) limiting the Companies'
The information contained on the Sites is not an offer to sell or a solicitation to buy any insurance
product. No insurance product is offered or will be sold in any jurisdiction in which such offer,
solicitation, purchase or sale would be unlawful under the laws of such jurisdiction.
By using any aspect of the Service, including by a click-through, you expressly acknowledge that you have
read this Agreement and agree to all of its terms and conditions. You represent and warrant that you have
the legal capacity to enter a contract in the jurisdiction where you reside. You must agree to this
Agreement in order to use the Service, and if you do not accept this Agreement then you may not use any
aspect of the Service. This Agreement contains important language governing your use of the Service. It
addresses, among other things, information about how we provide the Service, how we or you may terminate the
Service, the requirements imposed on you when managing your account, and how we handle disputes (which are
handled by binding arbitration in most cases).
Please Read This Carefully and in Full as it is a Binding Contract
Agreement Updates. The Companies may update this Agreement at any time, and will post the updated
version of this Agreement on the Sites. You understand and agree that you will be deemed to have accepted
the updated Agreement if you use any aspect of the Service after the updated Agreement is posted. If at any
point you do not agree to any then-current portion of this Agreement, you must immediately stop using the
Service. If the Companies make any material change to this Agreement, we will make reasonable efforts to
notify you of the change, such as by sending an email to any email address you used to register for an
account, through a pop-up window on the Sites, or other similar mechanism. Disputes arising under this
Agreement will be resolved in accordance with the version of the Agreement in place at the time the dispute
Provision of the Service. You are responsible for any Internet connection and telecommunications fees
and charges that you incur when accessing the Service. You acknowledge and agree that the Companies may make
changes to any aspect of the Service at any time without notifying you in advance.
Consent to Doing Business Electronically. By consenting to do business electronically with the
Companies or their subsidiaries and affiliates, you agree that:
- You are who you say you are when logging in and transacting business through the Sites.
- If you are logging in on behalf of your employer, you have the appropriate authority to log in and
conduct business electronically on its behalf.
- This consent applies to any transactions conducted through the Sites.
- You have access to a computer with a current Internet browser and an operating system that allows you to
save files or print web pages and documents.
- You may print this consent and any electronic record or you can contact us to request a paper copy from
- You will notify us of changes to your email address or mailing address by logging in to your online user
- Your online activity may be viewed, monitored, and recorded for the purposes of fraud prevention and
fraud detection and to improve the user experience.
If you do not consent, you will not be able to access account information or conduct transactions online.
Scope of Consent. By using the Sites and voluntarily providing the Companies or their affiliates with
your email address, you agree to receive ""Communications," which may include, but are not limited to, your
application and insurance policy or contract, if one is issued, and disclosures, agreements, notices, and
documents from us relating to the products and services offered through the Sites electronically by email,
or by posting them at the Sites or through the Service. You further agree that we may accept an electronic
signature from you, and that this electronic signature will have the same effect as a physical wet signature
and will appear on all records related to any products and services. Your consent also applies to all
Communications and information that we receive from you. Your consent is voluntary and, if you consent, you
still have the right to receive a paper copy of any Communication, by contacting us. You agree that you have
the ability to access, view, store, download and print Communications, documents, consents, and hyperlinks
we deliver or make available to you electronically through your computer or on your mobile device. You agree
that all Communications that we provide to you electronically satisfy any legal requirement that such
Communications be in writing.
Withdrawing Consent. You may withdraw your consent to receive Communications electronically and your
consent to use an electronic signature at any time by contacting the Companies. To withdraw your consent to
do business electronically, please send a written notice via e-mail to: Corporate Markets
Permission to Contact. When you give us your home and/or mobile phone number, we have your permission
to contact you at that number or numbers, and any other number we may reach you, about the Service or your
insurance product, unless prohibited by applicable law. You may contact us any time to change these
preferences. We may also send an email to any address where we reasonably believe we can contact you,
including the email address associated with your account. Some of the purposes for calls and messages
include: suspected fraud, obtaining information, administration of your account, and collection of premiums.
Our rights under this section extend to our affiliates and subsidiaries.
Termination of Service. The Companies reserve the right to deny service to any person or entity at the
Companies' sole and absolute discretion. You acknowledge and agree that the Companies may stop providing any
aspect of the Service or restrict your use of the Service at any time, without notifying you in advance, for
any reason or no reason, including, without limitation, for any violation of this Agreement or if the
Companies suspect that you have used any aspect of the Service to conduct any fraudulent or illegal
activity. If the Companies disable your access to your online user account, you may be prevented from
accessing the Service, your online user account details, or any materials contained in your online user
account. Any insurance product you obtain will remain in effect pursuant to the terms of such insurance
By Telephone: 833-496-0546
Changes in your email address can be made through your online user account or by sending written notice via
e-mail: Corporate Markets (firstname.lastname@example.org). To request a paper copy of any Communication you can
contact the Companies at the email address above.
Hardware & Software Requirements. You can access the Sites using a current Internet browser. If you
are on an older browser and are having issues with the Sites, we suggest you install a more current browser.
To access and retain Communications, you must:
- Have access to a computer capable of running a current Internet browser;
- Have access to Internet service and an e-mail account that can be used to receive and access all
- Be able to view all Communications on a monitor through the use of Adobe Reader or similar software and
be able to print all such Communications; and
- Be able to send and receive e-mails that contain hyperlinks to websites.
If you are accessing the Sites electronically through a mobile device, such as a tablet, smartphone or
similar device, you must be able to print and save the transmitted Communications. You can find apps that
support printing and saving for most mobile devices through your mobile device's app store. If your mobile
device does not have this functionality, you must access the Sites through alternate means that provide you
with the ability to print and save the Communications. You acknowledge that you can access the electronic
Communications in the designated formats described herein.
Restrictions and Conditions of Use
Use of the Service. Subject to the terms and conditions of this Agreement, the Companies hereby grant
you a limited, non-exclusive, personal, non-sublicensable, non-assignable license to use the Service solely
in accordance with this Agreement and any rules, restrictions, or documentation set forth by the Companies
from time to time. The Companies reserve all rights not expressly granted to you. You agree not to license,
create derivative works from, transfer, sell, or re-sell any information, content, materials, data, or
services obtained from the Service. The Companies reserve the right to add or remove information, content,
or services from the Sites at any time at their sole discretion.
Updates. You acknowledge and agree that the Companies may update the Service from time to time with or
without notifying you, and may add or remove features or functions to the Service at any time in their sole
discretion. You acknowledge and agree that the Companies have no obligation to make the Service available to
you, make any subsequent versions of the Sites available to you, or to continue to support the Service in
any way. You acknowledge that your access to the Service may not be continuous, features may change during
your use of the Service, and the Companies may terminate your access to the Service or stop offering the
Service at any time, provided that any insurance product will remain in effect pursuant to the terms of such
Accessing the Service. You agree not to access, or attempt to access, the Service by any means other
than through the user interface provided through the Sites. You specifically agree not to access, or attempt
to access, the Service through any automated means (including, without limitation, through the use of
scripts, bots, spiders, or web crawlers).
No Violation of Laws. You agree that, in connection with your use of the Service, you will not violate
any applicable law, ordinance, rule, regulation or treaty. Without limiting the foregoing, you agree that
you will not make available through the Service any material or information that infringes any copyright,
trademark, patent, trade secret, or other right of any party (including rights of privacy or publicity).
Use Restrictions. You may not connect to or use the Service in any way that is not expressly permitted by
- Without limiting the generality of the foregoing, you agree that you will not: (i) remove any
proprietary notices from the Service; (ii) cause, permit, or authorize the modification, creation of
derivative works, translation, reverse engineering, decompiling, disassembling, or hacking of the
Service; (iii) sell, assign, rent, lease, act as a service bureau, or grant rights in the Service,
including, without limitation, through sublicense, to any other person or entity without the prior
written consent of the Companies; or (iv) make any false, misleading or deceptive statement or
representation regarding the Companies or the Service.
- Without limiting the generality of the foregoing, you agree that you will not: (i) institute, assist, or
become involved in any type of attack including, without limitation, denial of service attacks, upon the
Service (or any servers, systems, or networks connected to the Service) or otherwise attempt to
obstruct, disrupt, or interfere with the operation of the Service or any other person's or entity's use
of the Service (or any servers, systems, or networks connected to the Service); (ii) attempt to gain
unauthorized access to the Sites, the Service, accounts registered to other users, or any servers,
systems or networks connected to the Service; (iii) use the Service for any commercial purpose unless
consistent with this Agreement and the intended use of the Service, or for the benefit of any third
party, or charge any person or entity, or receive any compensation for, the use of the Service, unless
you are specifically authorized to do so in a separate written agreement with the Companies; (iv) use
the Service to develop, generate, transmit, or store information that is defamatory, harmful, abusive,
obscene or hateful; (v) use the Service to perform any unsolicited commercial communication not
permitted by applicable law; or (vi) use the Service to engage in any activity that (A) constitutes
harassment or a violation of privacy or threatens other people or groups of people; (B) is harmful to
children in any manner; (C) constitutes phishing, pharming, or impersonates any other person or entity,
or steals or assumes any person's identity (whether a real identity or online nickname or alias); or (D)
violates any applicable law, ordinance, rule, regulation or treaty.
- Without limiting the generality of the foregoing, you agree that you will not use the Service for any
other unlawful, prohibited, abnormal or unusual activity as determined by the Companies in their sole
No Data Mining or Harmful Code. You agree that you will not (a) obtain or attempt to obtain any
information from the Service including, without limitation, email addresses or mobile phone numbers of users
or other data; (b) intercept, examine or otherwise observe any proprietary communications protocol used by
the Service, whether through the use of a network analyzer, packet sniffer or other device; or (c) use any
type of bot, spider, virus, clock, timer, counter, worm, software lock, drop dead device, Trojan horse, trap
door, time bomb or any other codes, instructions or third party software that is designed to provide a means
of surreptitious or unauthorized access to, or distort, delete, damage or disassemble, any aspect of the
Violation of this Agreement. You acknowledge and agree that you are solely responsible, and the
Companies have no responsibility or liability to you or any other person or entity, for any breach by you of
this Agreement or for the consequences of any such breach. The Companies may, at their option, terminate
their relationship with you or suspend your account immediately if they determine you are using the Service
contrary to the restrictions found in this Section or any other terms of this Agreement.
Online User Accounts and Security
Online User Account. You do not need to create an online user account to visit the Sites, but you must
have an account to access and utilize certain aspects of the Service. You may be required to provide
information about yourself and payment information as part of your continued use of the Service. You agree
that any information that you submit to the Companies will be correct, accurate, and current.
Account Security. Maintaining account security is very important. You are solely responsible for
maintaining the confidentiality of your account username and password and for all activities that are
conducted via your account. You agree to notify the Companies immediately if you become aware of any
unauthorized use of your password or of your account. To better understand how we maintain the security of
your personal information, please refer to our Privacy Notice.
Account Sharing, Transfers, and Delegate Users. Online user accounts are registered to you personally
and may not be sold, traded, gifted, or otherwise transferred at any time under any circumstances. You may
not share your account with, or disclose your password to, anyone else. Use of the Service by delegate users
is the responsibility of the account holder. Should you become aware of unauthorized use, use that violates
this Agreement or the policies of the Companies, you agree to notify the Companies.
Cancellation by You. Subject to the terms and conditions of any applicable insurance policy, you have
the right to cancel your online user account at any time. You may cancel your account by contacting us via
email: Corporate Markets (email@example.com).
Termination by the Companies. The Companies may at any time terminate your account for any reason,
including but not limited to the following reasons:
- The Companies determine that you are (i) in breach of or otherwise acting inconsistently with this
Agreement, or (ii) engaging in fraudulent or illegal activities or other conduct that may result in
liability to the Companies;
- The Companies determine it is required by law to terminate your account;
- You fail to access your account for eighteen (18) months; or
- The Companies decide to stop providing the Service or critical portions of the Service, provided that
any insurance policy you obtain through the Service will remain in effect pursuant to the terms of such
Effect of Account Termination or Cancellation. If you voluntarily terminate your account, you may
reactivate that account at any time by logging in to the Service through the Sites and reactivating the
account. Accounts terminated by the Companies for any type of abuse including, without limitation, a
violation of this Agreement, may not be reactivated for any reason.
Links. The Service may contain links to websites operated by independent third parties. The Companies
provide these links to other websites as a convenience and use of these websites is at your own risk. The
linked websites are not under the control of the Companies and the Companies are not responsible for the
content available on the other websites or services. Such links do not imply the Companies' endorsement of
information or material on any other website and the Companies disclaim all liability with regard to your
access to and use of such linked websites. You understand and acknowledge that your access and use of linked
websites and the services provided through these websites is governed by the terms of service and other
agreements posted on such websites.
Third-Party Services. The Service includes features that operate in conjunction with certain
third-party services ("Third-Party Services"). Your access and use of Third-Party Services is governed by
the terms of service and other agreements posted by the providers of such Third-Party Services. You
understand and acknowledge that the Service is not endorsed or certified by any of the aforementioned
Trademarks. The names and logos are trademarks and service marks of the member companies of Sammons
Financial Group. Unless permitted in a separate written agreement with the Companies, you do not have the
right to use any of the Companies' trademarks, service marks or logos and your unauthorized use of any of
these may be a violation of federal and state trademark laws. Your use of the trademarks and service marks
displayed on the Sites, or any other content on the Sites, except as provided herein is, is strictly
prohibited. Questions concerning the use of the Companie's trademarks, service marks, trade names, logos,
icons, copyrights or other intellectual property should be addressed to: Attention: General Counsel, 8300
Mills Civic Parkway, West Des Moines, IA 50266.
Ownership. You acknowledge and agree that the Companies, or their licensors, own all right, title and
interest in and to the Service, including all intellectual property, industrial property and proprietary
rights recognized anywhere in the world at any time and that the Service is protected by U.S. and
international copyright laws.
Feedback. You may choose to, or the Companies may invite you to, submit comments, bug reports, ideas
or other feedback about the Sites and the Service ("Feedback"). By submitting Feedback, you agree that the
Companies are free to use such Feedback at their discretion without any obligation to you and you will not
receive any remuneration for your Feedback. The Companies may also choose to disclose Feedback to third
parties. You hereby grant the Companies a royalty-free, perpetual, irrevocable, transferable, sublicensable,
worldwide, nonexclusive license under all rights necessary to incorporate and use your Feedback for any
purpose, including, but not limited to, developing and marketing products using such information.
Location and Availability of Products or Services. The Service is operated by the Companies in the
United States. If you choose to access the Service from a location outside of the United States, you do so
at your own risk and you are responsible for compliance with applicable local laws.
We are not authorized to do business in every jurisdiction. There may be products or services
referenced on the Sites that are unavailable in your jurisdiction or are otherwise not available to you.
Required Age. The Service is not directed toward persons who are defined as minors under applicable
state law and the Companies do not knowingly collect information from such persons or allow them to create a
user account or access account features. If you are a minor, please do not submit any personal information
about yourself to the Companies. User accounts may be registered by a legal guardian on behalf of minors.
Disclaimer of Warranties
Please read the following provisions carefully; they contain important legal disclaimers:
You understand and agree that your use of the Service is at your sole risk and that the Service is
provided on an "as is" and "as available" basis without warranties or conditions of any kind, either
express or implied.
To the maximum extent permitted by applicable law, the Companies expressly disclaim all warranties and
conditions including, without limitation, warranties and conditions of satisfactory quality,
merchantability, fitness for a particular purpose, non-infringement, and those arising from course of
dealing or usage of trade.
The Companies make no warranty as to the accuracy, completeness or reliability of any materials, information
or data available through, or the performance of, the Service.
The Companies do not represent or warrant that (a) you will be able to access or use the Service at the times
or locations of your choosing; (b) that operation of the Service will be uninterrupted, timely, secure or
error-free; (c) your use of the Service will meet your requirements; (d) defects in the operation of the
Service will be corrected; or (e) the Service is free of viruses or other harmful components.
You acknowledge and agree that any material downloaded or otherwise obtained through the use of the Service
is at your own risk and that you will be solely responsible for any damage to your computer, mobile phone or
other device or any loss of data resulting from downloading or obtaining such material.
Because some states or jurisdictions do not allow the disclaimer of implied warranties, the foregoing
disclaimers may not apply to you.
Limitation of Liability. THE COMPANIES WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES TO YOUR COMPUTER
EQUIPMENT OR OTHER PROPERTY ARISING FROM YOUR USE OF, BROWSING IN, OR DOWNLOADING OF ANY CONTENT,
PROGRAMS, MATERIALS, DATA, TEXT, IMAGES, AUDIO, OR VIDEO FROM THE SITES. IN NO EVENT WILL THE COMPANIES
BE LIABLE FOR ANY INJURY, LOSS, DAMAGE OR CLAIM, OR ANY SPECIAL, EXEMPLARY, PUNITIVE, INDIRECT,
INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, LOST PROFITS OR
SAVINGS), WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, ARISING FROM OR IN ANY WAY
CONNECTED WITH (A) ANY USE OF THE SITES OR THE SERVICE, (B) ANY VIRUSES THAT MAY INFECT YOUR COMPUTER
EQUIPMENT OR OTHER PROPERTY AS A RESULT OF YOUR ACCESS TO, USE OF, OR BROWSING OF THE SITES OR YOUR
DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO, OR AUDIO FROM THE SITES, (C) ANY FAILURE,
DELAY, OR UNAVAILABILITY OF THE SITES OR SERVICE (INCLUDING, BUT NOT LIMITED TO THE USE OF OR INABILITY
TO USE OR ACCESS ANY CONTENT, PROGRAMS, MATERIAL OR DATA PROVIDED ON THE SITES), (D) THE PERFORMANCE OR
NON-PERFORMANCE OF THE COMPANIES WITH RESPECT TO THE SITES OR SERVICE EVEN IF SUCH PARTY HAS BEEN
ADVISED OF THE POSSIBILITY OF DAMAGES; (E) YOUR DISCLOSURE OF YOUR PASSWORD TO, OR USE OF YOUR PASSWORD
BY, ANY THIRD PARTY, OR (F) ANY ACCESS TO, OR USE OF, YOUR INFORMATION BY AN UNAUTHORIZED PERSON OR
UNAUTHORIZED PERSONS. SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY
FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES; IN SUCH STATES OR JURISDICTIONS, THE COMPANIES' LIABLIITY SHALL
BE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW. IF IT IS FINALLY DETERMINED BY A COURT OF LAW OR AN
ARBITRATOR THAT THE LIMITATION OF LIABILITY SET FORTH ABOVE DOES NOT APPLY TO YOU, THEN YOU AGREE THAT
THE COMPANIES' TOTAL LIABLITY IN THE AGGREGATE FOR ANY CLAIMS RELATED TO THE SITES OR THE SERVICE MADE
BY YOU OR ANY THIRD PARTY ON YOUR BEHALF SHALL NOT EXCEED $100.
Indemnification. You agree to defend, indemnify and hold the Companies and their affiliates, licensors
and subsidiaries (collectively the "Related Parties") harmless from and against any and all claims, demands,
liabilities, damages and losses including, without limitation, reasonable attorneys' fees and costs,
resulting from or arising out of (a) your use of the Sites or the Service or (b) your breach of this
Agreement or any other policies that the Companies may issue for the Sites or the Service. You further agree
to cooperate as required by the Companies in the defense of any claim. The Companies reserve the right to
assume the exclusive defense and control of any matter subject to indemnification by you, and you will not
in any event settle any claim without the prior written consent of the Companies.
Limitations Period. Unless otherwise prohibited by law, any cause of action you may have with
respect to your use of the Sites or the Service must be commenced within one year after the claim or
cause of action arises.
Governing Law; Jurisdiction. This Agreement is governed by Iowa law, without regard to conflict of
laws principles. You and the Companies agree that, except as otherwise provided in the Binding Arbitration
section below, the state and federal courts located in Polk County, Iowa will have exclusive jurisdiction of
all disputes arising out of or related to this Agreement or your use of the Sites or Service and you agree
to submit to the personal jurisdiction and venue of these courts. Notwithstanding the foregoing, the
Companies shall be allowed to apply for equitable remedies (including injunctions) in any jurisdiction.
Waiver of Jury Trial and Class Action/Collective Relief in Litigation. THIS SECTION APPLIES TO THE EXTENT
A CLAIM IS NOT SUBJECT TO BINDING ARBITRATION AS DISCUSSED BELOW. YOU AND THE COMPANIES IRREVOCABLY
WAIVE ANY AND ALL RIGHTS TO A TRIAL BY JURY WITH REGARD TO ANY CLAIM RELATED TO THE SITES, THE SERVICE
OR THIS AGREEMENT. YOU FURTHER AGREE THAT THERE SHALL BE NO RIGHT OR AUTHORITY FOR ANY CLAIMS RELATED TO
THE SITES, THE SERVICE OR THIS AGREEMENT TO BE LITIGATED ON A CLASS ACTION, JOINT OR COLLECTIVE BASIS OR
ON BASES INVOLVING CLAIMS BROUGHT IN A PURPORTED REPRESENTATIVE CAPACITY ON BEHALF OF THE GENERAL PUBLIC
(SUCH AS A PRIVATE ATTORNEY GENERAL), OTHER USERS, OR OTHER PERSONS.
Purpose. Any "Dispute" (as defined below) involving you and the Companies shall be resolved through
mandatory and binding individual arbitration. In arbitration, there is no judge or jury and there is less
discovery and appellate review than in court. This section (the "Arbitration Provision") shall be broadly
interpreted in accordance with federal law under the Federal Arbitration Act.
Definitions. The term "Dispute" means any claim or controversy related to the Sites or the Service,
including, but not limited to, any and all claims for relief and theories of liability, whether based in
contract, tort, fraud, negligence, statute, regulation, ordinance, or otherwise, and whether they arose
before, during or after this Agreement went into effect. Notwithstanding the above, the term "Dispute" shall
not include any claim seeking to enforce or protect, or concerning the validity of, any of the Companies'
intellectual property rights; the Companies retain the right to bring a claim for legal or equitable relief
in any jurisdiction to protect those rights. As used in this Arbitration Provision, "the Companies" means
the member companies of Sammons Financial Group and any of their predecessors, successors, assigns, parents,
subsidiaries and affiliated companies and each of their respective officers, directors, employees and
agents, and "you" means the person who accessed the Sites or Service and any users or beneficiaries of your
access to the Sites or Service.
Right to Sue in Small Claims Court. Notwithstanding anything in this Arbitration Provision, either
party may elect to bring an individual action in small claims court if the claim is not aggregated with the
claim of any other person and if the amount in controversy is properly within the jurisdiction of the small
Right to Opt Out. IF YOU DO NOT WISH TO ARBITRATE DISPUTES, YOU MAY DECLINE TO HAVE YOUR DISPUTES WITH
THE COMPANIES ARBITRATED BY NOTIFYING THE COMPANIES IN WRITING WITHIN 30 DAYS OF THE LATER OF YOUR FIRST
ACCESS TO OR USE OF THE SITES OR SERVICE, BY MAIL TO SAMMONS FINANCIAL GROUP, ATTN: LEGAL DEPARTMENT, 8300
MILLS CIVIC PARKWAY, WEST DES MOINES, IOWA 50266. YOUR WRITTEN NOTIFICATION TO THE COMPANIES MUST INCLUDE
YOUR NAME, ADDRESS AND TELEPHONE NUMBER, ANY APPLICABLE POLICY/CONTRACT NUMBERS, AS WELL AS A CLEAR
STATEMENT THAT YOU DO NOT WISH TO RESOLVE DISPUTES WITH THE COMPANIES ABOUT THE SITES OR SERVICE THROUGH
ARBITRATION. YOUR DECISION TO OPT OUT OF THIS ARBITRATION PROVISION WILL HAVE NO ADVERSE EFFECT ON YOUR
RELATIONSHIP WITH THE COMPANIES OR PRODUCTS AND SERVICES PROVIDED BY THE COMPANIES.
Initiation of Arbitration Proceeding/Selection of Arbitrator. The party initiating the arbitration
proceeding may open a case with the American Arbitration Association ("AAA") by visiting its website
(www.adr.org) or calling its toll free number (1-800-778-7879). You may deliver any required or desired
notice to the Companies by mail to Sammons Financial Group, Attn: Legal Department, 8300 Mills Civic
Parkway, West Des Moines, Iowa 50266.
Arbitration Procedures. This Arbitration Provision shall be governed by the Federal Arbitration Act.
Arbitrations shall be administered by the American Arbitration Association ("AAA") pursuant to its Consumer
Arbitration Rules (the "AAA Rules"). If there is a conflict between this Arbitration Provision and the rest
of this Agreement, this Arbitration Provision shall govern. If there is a conflict between this Arbitration
Provision and the AAA rules, this Arbitration Provision shall govern. If the AAA will not administer a
proceeding under this Arbitration Provision as written, the parties shall agree on a reasonable substitute
arbitration organization. A single arbitrator will resolve the Dispute. The arbitration shall be governed by
Iowa law, without regard to conflict of laws principles. Unless you and the Companies agree otherwise, any
arbitration hearing will take place in Des Moines, Iowa, and appearances can be made in person or by video,
phone or internet connection. As part of the arbitration, both you and the Companies will have an
opportunity for limited discovery of non-privileged information relevant to the claim or defense in the
case. The arbitrator shall balance the need for discovery against the policy favoring cost-effective,
expeditious resolution of the Dispute. The arbitrator will honor claims of privilege recognized by law and
will take reasonable steps to protect customer account information and other confidential or proprietary
information. All arbitration proceedings shall remain confidential except to the extent necessary to enforce
or challenge an award in court. The arbitrator shall issue a reasoned written decision that explains the
arbitrator's essential findings and conclusions. The arbitrator's award may be entered in any state or
federal court located in Polk County, Iowa, if necessary for purposes of enforcing the arbitrator's award.
The arbitrator's award shall be final and binding, subject only to the grounds permitted under the Federal
Arbitration Act for vacating, correcting, or modifying an award. Notwithstanding anything else in this
Arbitration Provision, Disputes relating to the scope, validity, or enforceability of this Arbitration
Provision will not be subject to arbitration but will be decided by a court under the Federal Arbitration
Waiver of Class Action/Collective Relief in Arbitration. THERE SHALL BE NO RIGHT OR AUTHORITY FOR ANY
CLAIMS TO BE ARBITRATED ON A CLASS ACTION, JOINT OR COLLECTIVE BASIS OR ON BASES INVOLVING CLAIMS BROUGHT IN
A PURPORTED REPRESENTATIVE CAPACITY ON BEHALF OF THE GENERAL PUBLIC (SUCH AS A PRIVATE ATTORNEY GENERAL),
OTHER USERS, OR OTHER PERSONS. THE ARBITRATOR MAY AWARD RELIEF ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING
RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF WARRANTED BY THAT INDIVIDUAL PARTY'S CLAIM. THE
ARBITRATOR MAY NOT AWARD RELIEF FOR OR AGAINST ANYONE WHO IS NOT A PARTY. THE ARBITRATOR MAY NOT CONSOLIDATE
MORE THAN ONE PERSON'S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS
PROCEEDING. THIS WAIVER OF CLASS ACTIONS AND COLLECTIVE RELIEF IS AN ESSENTIAL PART OF THIS ARBITRATION
PROVISION AND CANNOT BE SEVERED FROM IT. THE REMAINING PORTIONS OF THIS ARBITRATION PROVISION ARE NOT
ESSENTIAL PARTS OF THIS ARBITRATION PROVISION AND CAN BE SEVERED FROM IT BY A COURT OF COMPETENT
Arbitration Fees and Costs. You and the Companies shall each pay your respective share of the costs of
arbitration in accordance with the AAA Rules. If the AAA filing costs would exceed the costs of filing a
civil lawsuit in the jurisdiction in which you reside, then the Companies will pay for any arbitration costs
that exceed that amount. However, if the arbitrator finds that your Dispute was frivolous or brought for an
improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), you
shall reimburse the Companies for all fees and costs that were your obligation to pay in accordance with the
AAA Rules. You may hire an attorney to represent you in arbitration, but you are responsible for paying your
own attorneys' fees. The parties may recover their attorneys' fees and costs in arbitration to the same
extent that they could recover them in a successful court action. Notwithstanding anything in this
Arbitration Provision to the contrary, the Companies will pay all fees and costs that it is required by law
Survival. This Arbitration Provision will survive the termination of (i) your relationship with the
Companies, (ii) the Sites or Service, and/or (iii) this Agreement.
Agreement Revisions. This Agreement may only be revised in a writing signed by the Companies or
published by the Companies on the Sites.
No Partnership. You agree that no joint venture, partnership, employment, or agency relationship
exists between you and the Companies as a result of this Agreement or your use of the Service.
Assignment. The Companies may assign their rights under this Agreement to any person or entity without
your consent. The rights granted to you under this Agreement may not be assigned without the Companies'
prior written consent, and any attempted unauthorized assignment by you shall be null and void.
Severability. Except as provided in the Arbitration Provision, if any part of this Agreement is
determined to be invalid or unenforceable, then that portion shall be severed, and the remainder of the
Agreement shall be given full force and effect.
No Waiver. The Companies' failure to enforce any provision of this Agreement shall in no way be
construed to be a present or future waiver of such provision, nor in any way affect our right to enforce the
same provision at a later time. An express waiver by the Companies of any provision, condition or
requirement of this Agreement shall not be understood as a waiver of your obligation to comply with the same
provision, condition or requirement at a later time.
Equitable Remedies. You acknowledge and agree that the Companies will be irreparably damaged if the
terms of this Agreement were not specifically enforced, and therefore you agree that the Companies shall be
entitled, without bond, other security, or proof of damages, to appropriate equitable remedies with respect
to breaches of this Agreement, in addition to such other remedies as we may otherwise have available to us
under applicable laws.
Entire Agreement. This Agreement, including the documents referenced in this Agreement, constitutes
the entire agreement between you and the Companies with respect to the Sites and Service and supersedes all
prior agreements between you and the Companies relating to the Sites and Service.