, whether or not you are a registered user of our Service. Ladder Insurance Services LLC is a California agency (license #0K22568), and LadderLifeTM is administered by Ladder Administrators, LLC. Licensed agents are James Hale (license #0K18155) and Theodore Hess (license #0K55990).
This Agreement applies to all visitors, users, and others who access the Service, including but not limited to: (i) individuals purchasing insurance products or Insurance Services; (ii) individuals otherwise using any aspect of the Service (collectively, “Users”). Ladder has different roles with respect to different types of Users and “you” as used in this Agreement will apply to the appropriate type of User under the circumstances.
Please read this agreement carefully to ensure that you understand each provision. This Agreement contains a mandatory individual arbitration and class action/jury trial waiver provision that requires the use of arbitration on an individual basis to resolve disputes, rather than jury trials or class actions.
Use of Our Service
This is a contract between you and Ladder. You must read and agree to these terms before using the Service, and if you do not agree, you may not use the Service. You may use the Service only if you can form a binding contract with Ladder, and only in compliance with this Agreement and all applicable local, state, national, and international laws, rules and regulations.
You can apply for the products and services described on the Service, but you will be offered life insurance at the sole discretion of Ladder and its insurance partners, in accordance with all applicable laws. Not everyone who applies for life insurance will be eligible. Eligibility and pricing are dependent upon various underwriting criteria.
The products and services described on the Service are only available for persons in those jurisdictions in which they may legally be sold. Nothing on the Service shall be considered a solicitation to buy or an offer to sell anything to any person in any jurisdiction in which such offer, solicitation, purchase, or sale would be unlawful.
If you purchase LadderLife TM life insurance, there is a suicide limitation. If the insured commits suicide, while sane or insane, within two years from the effective or reinstatement date, the Company’s only obligation is to return the premiums paid.
Any use of or access to the Service by anyone under 13 is strictly prohibited and in violation of this Agreement. Any use of or access to the Service by anyone under 18 is permitted only with the express written permission of such individual’s legal guardian, and you represent and warrant that you have received such permission (if necessary). The Service is not designed for use by or in connection with anyone under the age of 18, and you accept all responsibility that may arise from your use of the Service in connection with any minors.
The Service is designed for use in the United States. You are not authorized to use the other features of the Service if you are not located in the United States.
License for Ladder Service
Subject to the terms and conditions of this Agreement, Ladder grants you a non-exclusive, limited, non-transferable, freely revocable license to use the Service solely as permitted by the features of the Service we provide to you on a User-by-User basis. We reserve all rights not expressly granted in the Service and the Ladder Content (as defined below). We may terminate this license and your access to the Service at any time for any reason or no reason.
Your Ladder account gives you access to the services and functionality that we may establish and maintain from time to time and in our sole discretion. We may maintain different types of accounts for different types of Users. If you open a Ladder account on behalf of a company, organization, or other entity, then (i) “you” includes you and that entity, and (ii) you represent and warrant that you are an authorized representative of the entity with the authority to bind the entity to this Agreement, and that you agree to this Agreement on the entity’s behalf.
You may never use another User’s account without permission. When creating your account, you must provide accurate and complete information, and you must keep this information up to date. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify Ladder immediately of any breach of security or unauthorized use of your account. Ladder will not be liable for any losses caused by any unauthorized use of your account.
In connection with the receipt of any Insurance Services hereunder, you hereby consent to electronic processing and to receiving your insurance policy electronically. You hereby acknowledge and agree that your consents, authorizations, and other acknowledgments may be electronically signed and that the electronic signature is a valid and binding signature.
By providing your contact information, including your email address, phone number or address, you hereby consent to using such contact information to send you Service-related notices, including any notices required by law, via text, phone, email, chat, messaging, or other communication in conjunction with your use of the Services. These communications can be initiated manually or electronically. We may also use your contact information to send you other messages, such as changes to features of the Service and special offers.
BY SIGNING UP FOR THE SERVICES, YOU AGREE TO RECEIVE TEXT MESSAGES FROM US. To permanently cease receiving text messages from Ladder, reply STOP to any Ladder message. You can also adjust your settings through the Service. You may incur additional charges from your wireless provider for these services. You agree that you are solely responsible for any such charges. Please be aware that texting charges can fluctuate internationally. Text messaging rates can normally be found by asking your service provider.
You represent and warrant that the User Data you provide us is accurate and complete, and that you are authorized to submit it to us without any obligations on Ladder, including but not limited to the payment of fees. We have no liability or other responsibility for inaccuracy or incompleteness, or your inability to use the Service due to such inaccuracy or incompleteness. You are and will be responsible for the consequences of any instructions you provide us and that we follow. In order to connect the Service with any third-party service, you hereby authorize Ladder to: (i) store your User Data in accordance with applicable laws; (ii) use any signatures or other materials you provide us in order to provide you the Service; (iii) gather and export from such service any data or other information reasonably necessary for us to provide the Service to you; and (iv) otherwise take any action in connection with such service as reasonably necessary for us to provide the Service to you. You agree that those third-party service providers are entitled to rely on the foregoing authorization, agency, and power of attorney granted by you. While the Service may be endorsed by the third-parties with whom your User Data is held from time to time, you should not assume that we are working directly with the third-party or that the third-party has sponsored or endorsed the Service or Ladder’s interaction with the third-party’s services at your direction. You also understand you are providing written instructions in accordance with the Fair Credit Reporting Act and other applicable law for Ladder or its affiliated companies to request and receive copies of consumer reports, scores, and related information about you from third parties.
Ladder or its authorized representatives may release information to its plan administrators, business associates, other insurance companies, MIB or others.
Your use of the Services may include the payment of insurance premiums for Insurance Services obtained through the Services. If you choose to use any such aspects of the Service, you agree to any applicable additional terms and conditions as we may update them from time to time. Ladder may add new services for additional fees and charges, add or amend fees and charges for existing services, at any time in its sole discretion. Any refund of insurance premiums for cancellation or termination of the Insurance Services, if any, shall me made pursuant to and in accordance with the terms and conditions of such Insurance Services.
All information that you provide in connection with a purchase or transaction or other monetary transaction interaction with the Service must be accurate, complete, and current. You agree to pay all charges incurred by users of your credit card, debit card, or other payment method used in connection with a purchase or transaction or other monetary transaction interaction with the Service at the prices in effect when such charges are incurred. You will pay any applicable taxes, if any, relating to any such purchases, transactions or other monetary transaction interactions.
You agree not to engage in any of the following prohibited activities: (i) copying, distributing, or disclosing any part of the Service in any medium, including without limitation by any automated or non-automated “scraping”; (ii) using any automated system, including without limitation “robots,” “spiders,” “offline readers,” etc., to access the Service in a manner that sends more request messages to the Ladder servers than a human can reasonably produce in the same period of time by using a conventional on-line web browser (except that Ladder grants the operators of public search engines revocable permission to use spiders to copy publically available materials from https://www.LadderLife.com/ for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials); (iii) transmitting spam, chain letters, or other unsolicited email; (iv) attempting to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Service; (v) taking any action that may impose an unreasonable or disproportionately large load on our infrastructure, as determined by Ladder; (vi) uploading invalid data, viruses, worms, or other software agents through the Service; (vii) collecting or harvesting any personally identifiable information, including account names, from the Service; (viii) using the Service for any commercial solicitation purposes; (ix) impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity; (x) using the Service in order to obtain information about Ladder, the Service, or our customers for the purpose of competing with Ladder or otherwise replicating some or all of the Service for any reason; (xi) interfering with the proper working of the Service; (xii) accessing any content on the Service through any technology or means other than those provided or authorized by the Service; or (xiii) bypassing the measures we may use to prevent or restrict access to the Service, including without limitation features that prevent or restrict use or copying of any content or enforce limitations on use of the Service or the content.
Without prior notice, we may: change the Service; stop providing the Service or features of it, to you or to Users generally; and create usage limits for the Service. We may permanently or temporarily terminate or suspend your access to the Service without notice and liability for any lawful reason, including if in our sole determination you violate any provision of this Agreement, or for no reason if lawfully permitted. Upon any such termination, you continue to be bound by this Agreement. Notwithstanding the foregoing, any such suspension, termination, or other change to the Services shall not be with respect to and shall not affect the Insurance Services obtained through the Services.
Our Proprietary Rights
Except for materials such as logos, trademarks, and service marks owned by our business partners or licensors, the Service and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, and music (the “Ladder Content”), and all related intellectual property rights, are the exclusive property of Ladder. Except as explicitly provided herein, nothing in this Agreement grants to you a license in or under any such intellectual property rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any Ladder Content. Use of the Ladder Content for any purpose not expressly permitted by this Agreement is strictly prohibited.
You may choose to, or we may invite you to, submit comments or ideas about the Service, including without limitation about how to improve the Service or our products (“Ideas”). By submitting any Idea, you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place Ladder under any fiduciary or other obligation, and that we are free to use the Idea without any additional compensation to you, and/or to disclose the Idea on a non-confidential basis or otherwise to anyone. By acceptance of your submission, we do not waive any rights to use similar or related ideas previously known to us, or developed by Ladder’s employees or contractors, or obtained from sources other than you.
Third-Party Services, Links, and Information
Privacy and Data Security
Ladder maintains commercially reasonable administrative, physical, and technical safeguards designed to prevent any unauthorized use, access, processing, destruction, loss, alteration, or disclosure of any User Data, and other sensitive data or information you provide us. In the event that any information under Ladder control is compromised as a result of a breach of security, Ladder 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.
No Professional Advice
Ladder provides insurance services only, and does not provide other forms of professional advice of the type that may require professional licensing, such as legal, medical, accounting, or tax advice. If we provide you any professional information in the course of providing the Service, it is for informational purposes only and should not be construed as professional advice. No action should be taken based upon any such information without first seeking independent professional advice from a person who is licensed and/or qualified in the applicable area.
For clarity, you will be solely responsible for: (i) compliance with any and all applicable laws, rules, and regulations; and (ii) any use you may make of the Service to assist in complying with any such laws, rules, or regulations. The Service does not include any legal, regulatory, accounting, or tax advice, and you will rely solely upon your own advisors with respect to such advice.
You agree to defend, indemnify and hold harmless Ladder and its subsidiaries, agents, licensors, managers, and other affiliated companies, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the Service, including any data or content transmitted or received by you; (ii) your violation of any term of this Agreement, including without limitation your breach of any of the representations and warranties above; (iii) your violation of any third-party right, including without limitation any right of privacy, right provided by any labor or employment law, rule, or regulation, or intellectual property right; (iv) your violation of any applicable law, rule or regulation; (v) any content or User Data that is submitted via your account including without limitation misleading, false, or inaccurate information; (vi) your gross negligence or willful misconduct; or (vii) any other party’s access and use of the Service (or access and use of any third-party service via the Service) with your unique username, password or other appropriate security code (or, with respect to third-party services, your User Data).
The Service is provided on an “as is” and “as available” basis. Use of the Service is at your own risk. To the maximum extent permitted by applicable law, the Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, or non-infringement. No advice or information, whether oral or written, obtained by you from Ladder or through the Service will create any warranty not expressly stated herein. Without limiting the foregoing, Ladder, its subsidiaries, its affiliates, and its licensors do not warrant that the content is accurate, reliable or correct; that the Service will meet your requirements; that the Service will be available at any particular time or location, uninterrupted or secure; that any defects or errors will be corrected; or that the Service is free of viruses or other harmful components. Any content downloaded or otherwise obtained through the use of the Service is downloaded at your own risk and you will be solely responsible for any damage to your computer system or loss of data that results from such download or your use of the Service.
Ladder does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the Service or any hyperlinked website or service, and Ladder will not be a party to or in any way monitor any transaction between you and third-party providers of products or services, except in those circumstances in which Ladder expressly agrees to be a party to a transaction between you and third-party providers of products or services.
Certain results of the Service will be based on preliminary data provided by you and received by us. These results are provided for your personal information and education only and are not a substitute for professional advice. Further, the amount of insurance coverage you need may differ from the results depending on information we did not request of you. These results should not be interpreted as a recommendation that you buy or forgo any insurance product or apply for particular amounts of coverage or obtain coverage with particular limits without doing further independent research.
Federal law, some states, provinces and other jurisdictions do not allow the exclusion and limitations of certain implied warranties, so the above exclusions may not apply to you. This Agreement gives you specific legal rights, and you may also have other rights which vary from state to state. The disclaimers and exclusions under this Agreement will not apply to the extent prohibited by applicable law.
Limitation of Liability
To the maximum extent permitted by applicable law, Ladder, its affiliates, agents, directors, employees, suppliers and licensors shall not be liable for any indirect, punitive, incidental, special, consequential or exemplary damages, including without limitation damages for loss of profits, goodwill, use, data or other intangible losses, arising out of or relating to the use of, or inability to use, the Service. Under no circumstances will Ladder be responsible for any damage, loss or injury resulting from hacking, tampering or other unauthorized access or use of the Service or your account or the information contained therein.
To the maximum extent permitted by applicable law, Ladder assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies of the Service; (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to or use of the Service; (iii) any unauthorized access to or use of our secure servers and/or any and all personal information stored therein; (iv) any interruption or cessation of transmission to or from the Service; (v) any bugs, viruses, trojan horses, or the like that may be transmitted to or through our Service by any third party; (vi) any errors or omissions in the Service or for any loss or damage incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available through the Service; and/or (vii) User Data or the defamatory, offensive, or illegal conduct of any third party. Ladder, its affiliates, agents, directors, employees, suppliers, and licensors shall not be liable to you for any claims, proceedings, liabilities, obligations, damages, losses or costs in an aggregate amount exceeding the amount you paid to Ladder hereunder in the twelve (12) months preceding the claim that gave rise to the liability.
Notwithstanding the foregoing, solely as to Insurance Services, Ladder will be liable for direct damages (and only for direct damages) caused by Ladder’s negligent errors and omissions, subject to applicable principles of contributory negligence.
This limitation of liability section applies whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if Ladder has been advised of the possibility of such damage. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.
Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you. This agreement gives you specific legal rights, and you may also have other rights which vary from state to state. The disclaimers, exclusions, and limitations of liability under this agreement will not apply to the extent prohibited by applicable law.
The Service is designed for the use of people located in the United States. We make no representations that the Service is appropriate or available for use in other locations, and you may not use the Service in locations outside the United States or for individuals outside of the United States without the express prior written permission of Ladder, to be given by Ladder at its sole discretion and on a case-by-case basis. Those who access or use the Service from other jurisdictions do so at their own volition and are entirely responsible for compliance with all applicable United States and local laws and regulations, including but not limited to export and import regulations, and laws and regulations governing international monetary transactions. You may not use the Service if you are a resident of a country embargoed by the United States, or are a foreign person or entity blocked or denied by the United States government. Unless otherwise explicitly stated, all materials found on the Service are solely directed to individuals, companies, or other entities located in the United States.
Governing Law, Arbitration, and Class Action/Jury Trial Waiver
You agree that: (i) the Service shall be deemed solely based in California; and (ii) the Service shall be deemed a passive one that does not give rise to personal jurisdiction over us, either specific or general, in jurisdictions other than California. This Agreement shall be governed by the internal substantive laws of the State of California, without respect to its conflict of laws principles. The parties acknowledge that this Agreement evidences a transaction involving interstate commerce. Notwithstanding the preceding sentences, (x) with respect to Insurance Services requested by you, the substantive insurance laws of the state in which the Insurance Services are provided or any insurance policy is issued shall apply to the policy, and (y) with respect to the substantive law, any arbitration conducted pursuant to the terms of this Agreement shall be governed by the Federal Arbitration Act (9 U.S.C. §§ 1-16). The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. You agree to submit to the personal jurisdiction of the federal and state courts located in Santa Clara County, California for any actions for which we retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a our copyrights, trademarks, trade secrets, patents, or other intellectual property or proprietary rights, as set forth in the Arbitration provision below, including any provisional relief required to prevent irreparable harm. You agree that Santa Clara County, California is the proper forum for any appeals of an arbitration award or for trial court proceedings in the event that the arbitration provision below is found to be unenforceable.
Read this section carefully because it requires the parties to arbitrate their disputes and limits the manner in which you can seek relief from Ladder. For any dispute with Ladder, you agree to first contact us at email@example.com and attempt to resolve the dispute with us informally. In the unlikely event that Ladder has not been able to resolve a dispute it has with you after sixty (60) days, we each agree to resolve any claim, dispute, or controversy (excluding any claims for injunctive or other equitable relief as provided below) arising out of or in connection with or relating to this Agreement, or the breach or alleged breach thereof (collectively, “Claims”), by binding arbitration by JAMS, under the Optional Expedited Arbitration Procedures then in effect for JAMS, except as provided herein. JAMS may be contacted at www.jamsadr.com. The arbitration will be conducted in Santa Clara County, California, unless you and Ladder agree otherwise. If you are using the Service for commercial purposes, each party will be responsible for paying any JAMS filing, administrative and arbitrator fees in accordance with JAMS rules, and the award rendered by the arbitrator shall include costs of arbitration, reasonable attorneys’ fees and reasonable costs for expert and other witnesses. If you are an individual using the Service for non-commercial purposes: (i) JAMS may require you to pay a fee for the initiation of your case, unless you apply for and successfully obtain a fee waiver from JAMS; (ii) the award rendered by the arbitrator may include your costs of arbitration, your reasonable attorney’s fees, and your reasonable costs for expert and other witnesses; and (iii) you may sue in a small claims court of competent jurisdiction without first engaging in arbitration, but this does not absolve you of your commitment to engage in the informal dispute resolution process. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this Section shall be deemed as preventing Ladder from seeking injunctive or other equitable relief from the courts as necessary to prevent the actual or threatened infringement, misappropriation, or violation of our data security, intellectual property rights or other proprietary rights.
Class Action/Jury Trial Waiver.
With respect to all persons and entities, regardless of why they have obtained or used the Service, all claims must be brought in the parties’ individual capacity, and not as a plaintiff or class member in any purported class action, collective action, private attorney general action or other representative proceeding. This waiver applies to class arbitration, and, unless we agree otherwise, the arbitrator may not consolidate more than one person’s claims. You agree that, by entering into this Agreement, you and Ladder are each waiving the right to a trial by jury or to participate in a class action, collective action, private attorney general action, or other representative proceeding of any kind.
This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Ladder without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.
Notification Procedures and Changes to the Agreement.
This Agreement, together with any amendments and any additional agreements you may enter into with Ladder in connection with the Service, shall constitute the entire agreement between you and Ladder concerning the Service. If any provision of this Agreement is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect, except that in the event of unenforceability of the universal Class Action/Jury Trial Waiver, the entire arbitration agreement shall be unenforceable.
No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and Ladder’s failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision.
The provider of services is Ladder Financial, Inc., 444 High Street, #300, Palo Alto, CA 94301. You can reach us by telephone at 415-763-8629. If you are a California resident, in accordance with Cal. Civ. Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 1625 North Market Blvd., Suite N 112 Sacramento, CA 95834, or by telephone at (800) 952-5210 or (916) 445-1254. With respect to Insurance Services, you may report any complaints to the insurance regulator in your state. Contact information for state insurance regulators in the United States may be found at www.naic.org.
Please contact us at firstname.lastname@example.org with any questions regarding this Agreement.
This Agreement was last modified on August 30, 2016.