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these terms of use contain MANDATORY BINDING arbitration, CLASS ACTION waiver, limitation of liability and indemnity provisions. please read carefully.
Using our site
Cardinal Technologies Inc. and its subsidiaries and affiliates (collectively, “Cardinal”) make life insurance simpler for people to buy online. These Terms of Use (the “Terms”), including the Terms of Service attached below as Annex A (which are incorporated herein by reference with the same force and effect as though fully set forth herein), outline the rules and expectations that protect both you and Cardinal. Our goal is to keep them simple and easy to understand. If there’s something you’re not sure about, please reach out to us.
We use the term “Services” to refer to any of the products and services we sell online, any site information or Services provided on www.CardinalLife.com or our affiliated sites (collectively, the “Site”), and the growing community of people who use our platform. We use the term your “Cardinal Account” to mean where you can find data about your insurance policies, your contact information, and any additional data you choose to add such as videos, photos, and property listings. When we write “we”, “our”, “us”, or “Cardinal”, we mean Cardinal Technologies Inc. (dba in CA and NY as Cardinal Life Insurance Services). And, any time we write “you” or “your”, we mean the person who is using our Services (and reading these Terms).
Remember: if you buy insurance using Cardinal, there are important laws, rules, conditions, exceptions, and requirements that apply to you and your insurance carrier for your issued insurance policy. Your rights and responsibilities are explained in your insurance policy, which will be digitally provided to you after you sign and remit your first payment. It will also be available in your Cardinal Account.
These Terms apply to you. You agree, as long as you continue to use our Services, to accept and follow these Terms, and to only use our Services as permitted. You understand that Cardinal sells insurance and should only be used by those who can legally buy an insurance contract where they live. Our Services are not available to minors. By accessing or using the Services in any way, accepting these Terms by clicking on the “I Accept” or “Next” button, completing the application process, or browsing or downloading our mobile application, you represent that you have read, understand, and agree to be bound by these Terms. Further, by using or applying for Services, (i) you must be the person being insured on the policy; (ii) you must be the person that owns and pays for the policy; (iii) the primary purpose of the policy must be to protect your family; and at the time of submitting your application, (iv) you do not have any agreements in place to assign/sell the policy for which you are applying.
THE ARBITRATION AGREEMENT SECTION CONTAINS PROVISIONS THAT GOVERN HOW TO RESOLVE DISPUTES BETWEEN YOU AND Cardinal. AMONG OTHER THINGS, THE ARBITRATION AGREEMENT SECTION INCLUDES AN AGREEMENT TO ARBITRATE WHICH REQUIRES, WITH LIMITED EXCEPTIONS, THAT ALL DISPUTES BETWEEN YOU AND Cardinal SHALL BE RESOLVED BY BINDING AND FINAL ARBITRATION. THE ARBITRATION AGREEMENT SECTION ALSO CONTAINS A CLASS ACTION AND JURY TRIAL WAIVER. PLEASE READ THE ARBITRATION AGREEMENT SECTION CAREFULLY.
UNLESS YOU OPT OUT OF THE ARBITRATION AGREEMENT WITHIN THIRTY (30) DAYS IN ACCORDANCE WITH THE SECTION TITLED “30-DAY RIGHT TO OPT OUT”: (1) YOU WILL ONLY BE PERMITTED TO PURSUE DISPUTES OR CLAIMS AND SEEK RELIEF AGAINST US ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING, AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION; AND (2) YOU ARE WAIVING YOUR RIGHT TO PURSUE DISPUTES OR CLAIMS AND SEEK RELIEF IN A COURT OF LAW AND TO HAVE A JURY TRIAL.
ANY DISPUTE, CLAIM OR REQUEST FOR RELIEF RELATING IN ANY WAY TO YOUR USE OF THE SERVICE WILL BE GOVERNED AND INTERPRETED BY AND UNDER THE LAWS OF THE STATE OF TEXAS, CONSISTENT WITH THE FEDERAL ARBITRATION ACT, WITHOUT GIVING EFFECT TO ANY PRINCIPLES THAT PROVIDE FOR THE APPLICATION OF THE LAW OF ANY OTHER JURISDICTION. THE UNITED NATIONS CONVENTION ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS IS EXPRESSLY EXCLUDED FROM THIS AGREEMENT.
Consent to Doing Business Electronically
By using our Services, you agree that all communications from us or our affiliates or other partners relating to products and Services, including insurance products, offered through the Site may be provided or made available to you electronically by e-mail, SMS, text message, calls to your phone number (if provided) or at the Site. You understand that (i) calls, texts and SMS messages may be auto-dialed and/or generated by an artificial or pre-recorded voice; (ii) you may opt out of these communications at any time by following the directions provided by Cardinal; (iii) you are responsible for all the charges and fees associated with mobile messaging imposed by your wireless carrier and you acknowledge that your carrier may charge you or deduct usage credit from your account when you text us or we send messages to you ; (iv) your consent to these communications is not required as a condition of any purchase; and (v) such messages may be subject to the additional terms of our affiliates or other partners transmitting the messages. You further agree that we may accept an electronic signature from you, and that this electronic signature will have the same binding effect as a physical wet signature and will appear on all records related to the provision of any such products and services.
You agree that you have the ability to access, view, store, download, and print communications, documents, and hyperlinks we deliver or make available to you electronically through your computer or on your mobile device. You can find apps that support printing and saving electronic communications using your mobile device’s app store. If your mobile device does not have this functionality, you must access the Site through alternate means that provide you with the capability to print and save communications.
You may withdraw your consent to electronic communications and to use an electronic signature at any time. If you do withdraw your consent, from that time forward (1) you will be unable to apply for products or services, including insurance products, through the Site, and (2) we will be unable to continue processing any pending applications for products and services, including insurance products. To withdraw your consent of doing business electronically, please send us a written notice by email (legal@cardinallife.com) or U.S. Mail (710 Tanager Rd. Estes Park, CO 80517, Attn: Legal Department).
Leaving www.CardinalLife.com
Sometimes we may link to other companies or services, like an article, reference, referral, social media content, promotion, website, application, or advertisements (collectively “Third-Party Services”). When you click on a link to a Third-Party Service, we may not warn you that you have left our Site and you become subject to the terms and conditions (including privacy policies) of another website or destination. Such Third-Party Services are not under the control of Cardinal. We cannot guarantee these links as we don’t manage content which is not on our Site, and links can change after they’re posted. Cardinal isn’t responsible for the practices of the sites or services to whom we link, including any of the content they show you. And, those sites are not acting or ruled by the Site policies of Cardinal. Cardinal provides these Third-Party Services only as a convenience and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third-Party Services, or any product or service provided in connection therewith. You use all links in Third-Party Services at your own risk. When you leave our Site, this Agreement and our policies no longer govern. You should review applicable terms and policies, including privacy and data gathering practices, of any Third-Party Services, and make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any third party.
You agree that Cardinal may share information you provide to the applicable Third-Party Service. Cardinal is not responsible for any Third-Party Service’s use of your exported information. Further, the information you may share with any third parties, like the sites and services we may link to, are controlled by them and their site policies and terms. You understand and agree that we don’t have control of those sites and we are not responsible if you give any third-party access to your data. You own any risk yourself for sharing information or viewing content on other sites. You are solely responsible for your purchasing decisions and if you choose to visit any third party websites, you may be subject to additional or different terms and conditions and privacy policies.
This does not apply to sites we require you to visit in order to use our Services, such as third-party services for filing claims which may be hosted separately from our main domain. Also, if any of the Services provided to you contain an open-source license, there may be provisions in those licenses that expressly conflict with the Terms, in which case, the open source provisions will apply.
Cardinal only sells insurance in states where we are licensed to sell.
Our Services are offered through our licensed insurance producer entity, Cardinal Technologies Inc. (dba in CA and NY as Cardinal Life Insurance Services). Cardinal is not an insurance carrier. Instead we provide the products and services of our admitted insurance carrier partners licensed to sell insurance in your state. Not all products are available in all states. Cardinal is paid commissions and may receive other performance-based compensation for its services. You can find a list of Cardinal insurance licenses at this link.
The products we offer are only for people who live in the United States. We don’t and don’t intend to sell insurance products outside the United States, or anywhere Cardinal isn’t licensed.
Our quote is not the final price
Cardinal generates quotes for life insurance products. These prices change based on your answers to our questions and information collected during your application, your choices for different products, or due to changes of insurance pricing guides. For example, if you apply for life insurance just before your birthday, but don’t pay for it that day, it can cost more a few days later --- as it’s after your birthday and your price may go up as you get older. Whenever you leave your application before you pay, your price may change. Your price isn’t final and set until you sign your insurance contract with our insurance carrier and pay your initial premium.
Cardinal protects its brand and assets
© 2024 Cardinal Technologies Inc. All rights reserved. Cardinal and all of our logos and designs are trademarks and/or service marks of Cardinal Technologies Inc., a Delaware corporation. You may not use our images or logos without first getting the okay from us in writing.
Everyone who uses our Services and visits our Site should respect intellectual property laws and the rights of Cardinal. If something does not look right on our Site or if you have any concerns, you may send us questions. We will work quickly to look into your question and will remove material from our Site if we determine third party copyrighted material is displayed without Cardinal holding a license to do so. Your notice must follow the requirements of U.S. Copyright Act 17 U.S.C. 512(c)(3) and all regulations promulgated, each as amended (Notice Requirements), and/or the specific requirements of the Digital Millennium Copyright Act of 1998 (DMCA), whichever applies. If you inappropriately report a violation, infringement, or ownership of a copyright, you may be liable for damages (including reasonable costs and attorneys’ fees).
Cardinal’ name, logos, designs, business processes, and everything else that’s part of our Services are protected by intellectual property rights including copyright, trademark, trade secret, and other laws of the United States. Our Terms don’t give you any license to use any of our intellectual property, other than as necessary to use our Services and to assist you in purchasing insurance products we make available to you.
You agree to honor Cardinal’ ownership rights related to our Services and the rights of the other parties whose intellectual property is included in the Services. You will not misuse Services or any third party intellectual property used along with the Services. You may not copy or reproduce any of the Services in any form or by any means; you may not rent, sell, lease, grant, modify, distribute, or create derivative works based on the Services. You will not trespass, bypass, interfere with, disrupt any host or network systems, burden the network capacity, overload, flood, spam, mail-bomb, infect, or install or send a virus, spyware, or any other malware or Trojan horse of any kind, or in any other way disrupt the proper operation of the Services.
We are not granting you any right, title, license, or interest in the Services.
Any questions, comments, suggestions, testimonials, ideas, original or creative materials or other information you submit about our products, Site or Services (collectively, “Feedback”), is non-confidential and will become the sole property of Cardinal. We will own exclusive rights, including, without limitation, all intellectual property rights, in and to Feedback and will be entitled to the unrestricted use and dissemination of Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
Your Cardinal Account
Your Cardinal Account keeps your relevant content and documents related to the Services, such as copies of your policy documents. We strive to keep your information safe. The most sensitive part of data security is your password. We need to be able to assume that anyone using your Cardinal Account, by using your password and credentials, is you. We’ll never ask you to email us your password. Don’t share it with anyone. Always use a unique, hard-to-guess password. Quickly ask to reset your password if you ever suspect that your password and credentials are ever at risk.
Also, by creating your Cardinal Account, you agree that the information you share is true and accurate, and that you will keep your information up-to-date, complete, and accurate. This is important for both managing your insurance products and offering you exceptional service. For example, if you move to a new place, your policy may have to be updated as each state has different rules for insurance products.
Disclaimer of Warranties
WE DO NOT PROVIDE ANY WARRANTIES WITH RESPECT TO THE USE OF THE SERVICES, INCLUDING ANY AND ALL SOFTWARE INCLUDED THEREIN, WHICH IS PROVIDED “AS-IS”. YOU USE OUR SERVICES WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OR CONDITION OF ANY KIND, AT YOUR OWN RISK. Cardinal DISCLAIMS ANY AND ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. We do not take on or assume any responsibility for any harm, loss, or corruption to you, your computer, or your data (or any third party data or computer) from your use of our Services. Some states don’t allow for these limitations of liability. If you live in one of these states, then these warranties will be limited and the limitation on liability will be $100.00 in the aggregate for any and all claims.
Cardinal MAKES NO WARRANTY, REPRESENTATION OR CONDITION THAT: (1) THE SERVICES WILL MEET YOUR REQUIREMENTS (SUCH AS THE QUALITY, EFFECTIVENESS, REPUTATION AND OTHER CHARACTERISTICS OF SERVICE); (2) YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; OR (3) THE ADVICE, RESULTS, OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE.
ANY CONTENT DOWNLOADED FROM OR OTHERWISE ACCESSED THROUGH THE SERVICES IS ACCESSED AT YOUR OWN RISK, AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY, INCLUDING, BUT NOT LIMITED TO, YOUR COMPUTER SYSTEM AND/OR ANY DEVICE YOU USE TO ACCESS THE SERVICE, OR ANY OTHER LOSS THAT RESULTS FROM ACCESSING SUCH CONTENT.
The Services include information to help you think through what insurance is best for you. We aren’t a replacement for your lawyer, financial advisor, or tax planning specialist. We simply provide useful information to help you think through your insurance decisions. Cardinal is not responsible for damages or losses that result from obtaining or inability to obtain any insurance policies, or reliance on or use of information or services provided on or through Cardinal. You acknowledge and agree that Cardinal does not endorse the contents of third parties' websites, or assume responsibility or liability for the accuracy of material contained therein, or any infringement of third party intellectual property rights arising therefrom, or any privacy practices of such entity, or any fraud or other crime facilitated thereby. Cardinal is not responsible and assumes no liability for changes or discontinuance of services from third party providers.
You are responsible for choosing to engage a third party provider and making other financial decisions. The Services provide a venue where you may be provided information about certain third party providers and financial and risk management products. However, such information is provided for informational purposes only, and we urge you to obtain the advice of financial advisors, insurance agents, brokers or other qualified professionals who are fully aware of your individual circumstances before you make any financial decisions. We do not validate or investigate the licensing, certification or other requirements and qualifications of third party providers. It is your responsibility to investigate third party providers. You acknowledge and agree that third party providers are solely responsible for any services that they may provide to you and that we are not liable for any losses, costs, damages or claims in connection with, arising from, or related to, your use of a third party provider’s products or services. You acknowledge and agree that you rely on your own judgment and that of such advisors in selecting any products or services offered by third party providers.
We make no guarantees regarding any third party coverage. We cannot and do not make any promises or guarantees, whether concerning accuracy, appropriateness, sufficiency, or otherwise, regarding the quotes, fees, terms, rates, coverage or services offered or made available by third party providers, or otherwise displayed on the Services. We do not guarantee that quotes, fees, terms, rates, coverage or services offered by third party providers are the best available.
No Liability for Conduct of Third Parties. YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH THIRD PARTIES, INCLUDING PARTNERS AND PROVIDERS, THROUGH THE SERVICES, AND INCLUDING ANY THIRD-PARTY SERVICES TO WHICH WE MAY PROVIDE LINKS. YOU ACKNOWLEDGE AND AGREE THAT Cardinal IS NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD Cardinal LIABLE, FOR THE CONDUCT OF SUCH THIRD PARTIES AND THAT THE RISK OF INJURY FROM SUCH THIRD PARTIES RESTS ENTIRELY WITH YOU. Cardinal MAKES NO WARRANTY THAT THE GOODS OR SERVICE PROVIDED BY SUCH THIRD PARTIES WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS.
Indemnification
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS Cardinal, EACH OF OUR SUBSIDIARIES AND AFFILIATES, OUR LICENSORS, AND THIRD PARTY PROVIDERS AND PARTNERS, INCLUDING INSURANCE CARRIERS, UNDERWRITERS AND REINSURERS (COLLECTIVELY, “PARTNERS”), AND EACH OF OUR AND OUR PARTNERS’ RESPECTIVE OFFICERS, DIRECTORS, AGENTS, PARTNERS AND EMPLOYEES (INDIVIDUALLY AND COLLECTIVELY, THE “Cardinal PARTIES”) FROM AND AGAINST ANY LOSS, LIABILITY, CLAIM, DEMAND, CAUSE OF ACTION, SUIT, DAMAGES, FINES AND ANY RELATED EXPENSES OR COSTS (“CLAIMS”) ARISING OUT OF OR RELATED TO (A) YOUR ACCESS TO OR USE OF THIS SITE OR YOUR Cardinal ACCOUNT; (B) YOUR ACCESS TO OR USE OF OUR SERVICES; (C) YOUR VIOLATION OF THESE TERMS; (D) YOUR VIOLATION, MISAPPROPRIATION OR INFRINGEMENT OF ANY RIGHTS OF ANOTHER (INCLUDING INTELLECTUAL PROPERTY RIGHTS OR PRIVACY RIGHTS); (E) YOUR CONDUCT IN CONNECTION WITH OUR SERVICES; OR (F) ANY VIOLATION BY YOU OF ANY FEDERAL, STATE, OR LOCAL LAWS, STATUTES, RULES, OR REGULATIONS. YOU AGREE TO PROMPTLY NOTIFY THE Cardinal PARTIES OF ANY THIRD-PARTY CLAIMS, COOPERATE WITH THE Cardinal PARTIES IN DEFENDING SUCH CLAIMS AND PAY ALL FEES, COSTS AND EXPENSES ASSOCIATED WITH DEFENDING SUCH CLAIMS (INCLUDING, BUT NOT LIMITED TO, ATTORNEYS’ FEES, COSTS AND EXPENSES). YOU ALSO AGREE THAT THE Cardinal PARTIES RESERVE THE RIGHT TO ASSUME EXCLUSIVE CONTROL OF THE DEFENSE OR SETTLEMENT OF ANY THIRD PARTY CLAIMS. THIS INDEMNITY IS IN ADDITION TO, AND NOT IN LIEU OF, ANY OTHER INDEMNITIES SET FORTH IN A WRITTEN AGREEMENT BETWEEN YOU AND Cardinal OR THE OTHER Cardinal PARTIES.
Limitation of Liability
IN NO EVENT SHALL (I) Cardinal BE LIABLE TO YOU OR ANY THIRD PARTY FOR SPECIAL, INDIRECT, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, REVENUES OR SAVINGS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES IN ADVANCE, AND (II) OUR LIABILITY FOR DAMAGES TO YOU OR ANY THIRD PARTIES EXCEED, IN THE AGGREGATE, THE FEES PAID BY YOU TO US DURING THE LAST YEAR PRIOR TO THE DATE SUCH CAUSE OF ACTION ARISES.
YOU ACKNOWLEDGE THAT (I) THE LIMITATIONS ON LIABILITY IN THIS SECTION ARE REASONABLE AND THAT THE PROVISIONS OF THIS SECTION ALLOCATE THE RISKS UNDER THESE TERMS BETWEEN YOU AND US (AND OUR AFFILIATES), AND (II) WE AND YOU HAVE RELIED UPON THE LIMITATIONS SET FORTH HEREIN IN DETERMINING WHETHER TO AUTHORIZE YOU TO USE THE SERVICES. THE REMEDIES PROVIDED TO YOU IN THE TERMS ARE EXCLUSIVE. Some states do not allow for these limitations of liability. If you live in one of these states, these limits don’t apply to you, and the maximum liability for any of these violations will be $100.00 in the aggregate for any and all claims.
Governing Law
THE TERMS AND YOUR USE OF THE SERVICES WILL BE GOVERNED BY COLORADO LAW, CONSISTENT WITH THE FEDERAL ARBITRATION ACT, WITHOUT GIVING EFFECT TO ANY PRINCIPLES THAT PROVIDE FOR THE APPLICATION OF THE LAW OF ANOTHER JURISDICTION.
Arbitration Agreement
Arbitration Agreement. Please read this section (the “Arbitration Agreement”) carefully. It is part of your contract with Cardinal and affects your rights. It contains procedures for MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.
Applicability of Arbitration Agreement. Subject to the terms of this Arbitration Agreement, you and Cardinal agree that any dispute, claim, disagreements arising out of or relating in any way to your access to or use of the Services, any communications you receive, any products sold or distributed through the Services or the Site and prior versions of the Site, including claims and disputes that arose between you and us before the effective date of these Terms (each, a “Dispute”) will be resolved by binding arbitration, rather than in court, except that: (i) you and Cardinal may assert claims or seek relief in small claims court if such claims qualify and remain in small claims court; and (ii) you or Cardinal may seek equitable relief in court for infringement or other misuse of intellectual property rights (such as trademarks, trade dress, domain names, trade secrets, copyrights, and patents). For purposes of this Arbitration Agreement, “Dispute” will also include disputes that arose or involve facts occurring before the existence of this or any prior versions of these Terms as well as claims that may arise after the termination of these Terms.
Informal Dispute Resolution. There might be instances when a Dispute arises between you and Cardinal. If that occurs, Cardinal is committed to working with you to reach a reasonable resolution. You and Cardinal agree that good faith informal efforts to resolve Disputes can result in a prompt, low‐cost and mutually beneficial outcome (“Informal Dispute Resolution”). You and Cardinal therefore agree that before either party commences arbitration against the other (or initiates an action in small claims court if a party so elects), we will personally meet and confer telephonically or via videoconference, in a good faith effort to resolve informally any Dispute covered by this Arbitration Agreement (“Informal Dispute Resolution Conference”). If you are represented by counsel, your counsel may participate in the conference, but you will also participate in the conference.
The party initiating a Dispute must give notice to the other party in writing of its intent to initiate an Informal Dispute Resolution Conference (“Notice”), which shall occur within forty-five (45) days after the other party receives such Notice, unless an extension is mutually agreed upon by the parties. Notice to Cardinal that you intend to initiate an Informal Dispute Resolution Conference should be sent by email to legal@cardinallife.com or regular mail to our offices located at 710 Tanager Rd. , Attn: Legal Department Estes Park, CO 80517. The Notice must include: (1) your name, telephone number, mailing address, e‐mail address associated with your Account (if you have one); (2) the name, telephone number, mailing address and e‐mail address of your counsel, if any; and (3) a description of your Dispute.
The Informal Dispute Resolution Conference shall be individualized such that a separate conference must be held each time either party initiates a Dispute, even if the same law firm or group of law firms represents multiple users in similar cases, unless all parties agree; multiple individuals initiating a Dispute cannot participate in the same Informal Dispute Resolution Conference unless all parties agree. In the time between a party receiving the Notice and the Informal Dispute Resolution Conference, nothing in this Arbitration Agreement shall prohibit the parties from engaging in informal communications to resolve the initiating party’s Dispute. Engaging in the Informal Dispute Resolution Conference is a condition precedent and requirement that must be fulfilled before commencing arbitration. The statute of limitations and any filing fee deadlines shall be tolled while the parties engage in the Informal Dispute Resolution Conference process required by this section.
Waiver of Jury Trial. YOU AND Cardinal HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. You and Cardinal are instead electing that all Disputes shall be resolved by arbitration under this Arbitration Agreement, except as specified in the Section titled “Applicability of Arbitration Agreement”. There is no judge or jury in arbitration, and court review of an arbitration award is subject to very limited review.
Waiver of Class and Other Non-Individualized Relief. YOU AND Cardinal AGREE THAT, EXCEPT AS SPECIFIED IN THE SECTION TITLED “BATCH ARBITRATION”, EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT ON A CLASS, REPRESENTATIVE, OR COLLECTIVE BASIS, AND THE PARTIES HEREBY WAIVE ALL RIGHTS TO HAVE ANY DISPUTE BE BROUGHT, HEARD, ADMINISTERED, RESOLVED, OR ARBITRATED ON A CLASS, COLLECTIVE, REPRESENTATIVE, OR MASS ACTION BASIS. ONLY INDIVIDUAL RELIEF IS AVAILABLE, AND DISPUTES OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. Subject to this Arbitration Agreement, the arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by the party’s individual claim. Nothing in this paragraph is intended to, nor shall it, affect the terms and conditions under the Section titled “Batch Arbitration”. Notwithstanding anything to the contrary in this Arbitration Agreement, if a court decides by means of a final decision, not subject to any further appeal or recourse, that the limitations of this section are invalid or unenforceable as to a particular claim or request for relief (such as a request for public injunctive relief), you and Cardinal agree that that particular claim or request for relief (and only that particular claim or request for relief) shall be severed from the arbitration and may be litigated in the state or federal courts located in the State of Texas. All other Disputes shall be arbitrated or litigated in small claims court. This section does not prevent you or Cardinal from participating in a class-wide settlement of claims.
Rules and Forum. These Terms evidence a transaction involving interstate commerce; and notwithstanding any other provision herein with respect to the applicable substantive law, the Federal Arbitration Act, 9 U.S.C. § 1 et seq., will govern the interpretation and enforcement of this Arbitration Agreement and any arbitration proceedings. If the Informal Dispute Resolution process described above does not resolve satisfactorily within sixty (60) days after receipt of your Notice, you and Cardinal agree that either party shall have the right to finally resolve the Dispute through binding arbitration. The arbitration will be administered by National Arbitration and Mediation (“NAM"), in accordance with NAM’s Standard Rules and Procedures (the “NAM Rules”) then in effect, except as modified by this section of this Arbitration Agreement. NAM Rules are currently available at https://www.namadr.com/content/uploads/2020/04/RULES-STANDARD.pdf.
A party who wishes to initiate arbitration must provide the other party with a request for arbitration (the “Request”). A Request to Cardinal should be sent either by mail to 710 Tanager Rd. Estes Park, CO 80517 or by email to legal@cardinallife.com. A Request to you will be sent to your email address or regular address associated with your Cardinal Account. The Request must include: (1) the name, telephone number, mailing address, e‐mail address of the party seeking arbitration and the account username (if applicable) as well as the email address associated with any applicable Account; (2) a statement of the legal claims being asserted and the factual bases of those claims; (3) a description of the remedy sought and an accurate, good‐faith calculation of the amount in controversy in United States dollars; (4) a statement certifying completion of the Informal Dispute Resolution process as described above; and (5) evidence that the requesting party has paid any necessary filing fees in connection with such arbitration.
If the party requesting arbitration is represented by counsel, the Request shall also include counsel’s name, telephone number, mailing address, and email address. Such counsel must also sign the Request. By signing the Request, counsel certifies to the best of counsel’s knowledge, information, and belief, formed after an inquiry reasonable under the circumstances, that: (1) the Request is not being presented for any improper purpose, such as to harass, cause unnecessary delay, or needlessly increase the cost of dispute resolution; (2) the claims, defenses and other legal contentions are warranted by existing law or by a nonfrivolous argument for extending, modifying, or reversing existing law or for establishing new law; and (3) the factual and damages contentions have evidentiary support or, if specifically so identified, will likely have evidentiary support after a reasonable opportunity for further investigation or discovery.
The arbitration hearing (if any) will be held by videoconference, unless either party requests an in-person hearing and the arbitrator agrees. Unless you and Cardinal otherwise agree, an in-person hearing will be held in the county where you reside, or as determined by the arbitrator (in the case of Batch Arbitration). Subject to NAM Rules, the arbitrator may direct a limited and reasonable exchange of information between the parties, consistent with the expedited nature of the arbitration. If NAM is not available to arbitrate, the parties will select an alternative arbitral forum. Your responsibility to pay any NAM fees and costs will be solely set forth in the applicable NAM Rules.
You and Cardinal agree that all materials and documents exchanged during the arbitration proceedings shall be kept confidential and shall not be shared with anyone except the parties’ attorneys, accountants, or business advisors, and shall be subject to the condition that they agree to keep all materials and documents exchanged during the arbitration proceedings confidential.
Arbitrator. The arbitrator will be either a retired judge or an attorney licensed to practice law in the state of Texas and will be selected by the parties from NAM’s roster of Neutrals. If the parties are unable to agree upon an arbitrator within thirty-five (35) days of delivery of the Request, then NAM will appoint the arbitrator in accordance with NAM Rules, provided that if the Batch Arbitration process under Section titled “Batch Arbitration” is triggered, NAM will appoint the arbitrator for each batch.
Authority of Arbitrator. The arbitrator shall have exclusive authority to resolve any Dispute, including, without limitation, disputes arising out of or related to the interpretation or application of the Arbitration Agreement, including the enforceability, revocability, scope, or validity of the Arbitration Agreement or any portion of the Arbitration Agreement, except for the following: (1) all Disputes arising out of or relating to Section titled “Waiver of Class and Other Non-Individualized Relief”, including any claim that all or part of Section titled “Waiver of Class and Other Non-Individualized Relief” is unenforceable, illegal, void or voidable, or that such Section titled “Waiver of Class and Other Non-Individualized Relief” has been breached, shall be decided by a court of competent jurisdiction and not by an arbitrator; (2) except as expressly contemplated in Section titled “Batch Arbitration”, all Disputes about the payment of arbitration fees shall be decided only by a court of competent jurisdiction and not by an arbitrator; (3) all Disputes about whether either party has satisfied any condition precedent to arbitration shall be decided only by a court of competent jurisdiction and not by an arbitrator; and (4) all Disputes about which version of the Arbitration Agreement applies shall be decided only by a court of competent jurisdiction and not by an arbitrator. The arbitration proceeding will not be consolidated with any other matters or joined with any other cases or parties, except as expressly provided in Section titled “Batch Arbitration”. The arbitrator shall have the authority to grant motions dispositive of all or part of any Dispute. The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The award of the arbitrator is final and binding upon you and us. Judgment on the arbitration award may be entered in any court having jurisdiction.
Attorneys’ Fees and Costs. The parties shall bear their own attorneys’ fees and costs in arbitration unless the arbitrator finds that either the substance of the Dispute or the relief sought in the Request was frivolous or was brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)). If you or Cardinal need to invoke the authority of a court of competent jurisdiction to compel arbitration, then the party that obtains an order compelling arbitration in such action shall have the right to collect from the other party its reasonable costs, necessary disbursements, and reasonable attorneys’ fees incurred in securing an order compelling arbitration. The prevailing party in any court action relating to whether either party has satisfied any condition precedent to arbitration, including the Informal Dispute Resolution process, is entitled to recover their reasonable costs, necessary disbursements, and reasonable attorneys’ fees and costs.
Batch Arbitration. To increase the efficiency of administration and resolution of arbitrations, you and Cardinal agree that in the event that there are ten (10) or more individual Requests of a substantially similar nature filed against Cardinal by or with the assistance of the same law firm, group of law firms, or organizations, within a ninety (90) day period (or as soon as possible thereafter), NAM shall (1) administer the arbitration demands in batches of 100 Requests per batch (or, if between ten (10) and ninety-nine (99) individual Requests are filed, a single batch of all those Requests, and, to the extent there are less than 100 Requests remaining after the batching described above, a final batch consisting of the remaining Requests); (2) appoint one arbitrator for each batch; and (3) provide for the resolution of each batch as a single consolidated arbitration with one set of filing and administrative fees due per side per batch, one procedural calendar, one hearing (if any) in a place to be determined by the arbitrator, and one final award (“Batch Arbitration”).
All parties agree that Requests are of a “substantially similar nature” if they arise out of or relate to the same event or factual scenario and raise the same or similar legal issues and seek the same or similar relief. To the extent the parties disagree on the application of the Batch Arbitration process, the disagreeing party shall advise NAM, and NAM shall appoint a sole standing arbitrator to determine the applicability of the Batch Arbitration process (“Administrative Arbitrator”). In an effort to expedite resolution of any such dispute by the Administrative Arbitrator, the parties agree the Administrative Arbitrator may set forth such procedures as are necessary to resolve any disputes promptly. The Administrative Arbitrator’s fees shall be paid by Cardinal.
You and Cardinal agree to cooperate in good faith with NAM to implement the Batch Arbitration process including the payment of single filing and administrative fees for batches of Requests, as well as any steps to minimize the time and costs of arbitration, which may include: (1) the appointment of a discovery special master to assist the arbitrator in the resolution of discovery disputes; and (2) the adoption of an expedited calendar of the arbitration proceedings.
This Batch Arbitration provision shall in no way be interpreted as authorizing a class, collective and/or mass arbitration or action of any kind, or arbitration involving joint or consolidated claims under any circumstances, except as expressly set forth in this provision.
30-Day Right to Opt Out. You have the right to opt out of the provisions of this Arbitration Agreement by sending written notice of your decision to opt out to: 710 Tanager Rd. Estes Park, CO 80517, within thirty (30) days after first becoming subject to this Arbitration Agreement. Your notice must include your name and address, the email address associated with your Cardinal Account (or if no email address is associated with your account, any valid email address where you can be contacted), and an unequivocal statement that you want to opt out of this Arbitration Agreement. If you opt out of this Arbitration Agreement, all other parts of these Terms will continue to apply to you. Opting out of this Arbitration Agreement has no effect on any other arbitration agreements that you may currently have, or may enter in the future, with us.
Modification. You and we agree that Cardinal retains the right to modify this Arbitration Agreement in the future. Any such changes will be posted at www.Cardinallife.com/terms and you should check for updates regularly. Unless you reject the change within thirty (30) days of such change becoming effective by writing to Cardinal at 710 Tanager Rd. Estes Park, CO 80517, your continued use of the Serviceor the Terms, including the acceptance of products and services offered on the Service following the posting of changes to this Arbitration Agreement constitutes your acceptance of any such changes. Changes to this Arbitration Agreement do not provide you with a new opportunity to opt out of the Arbitration Agreement if you have previously agreed to a version of these Terms and did not validly opt out of arbitration. If you reject any change or update to this Arbitration Agreement, and you were bound by an existing agreement to arbitrate Disputes arising out of or relating in any way to your access to or use of the Service, any communications you receive, any products sold or distributed through the Service or these Terms, the provisions of this Arbitration Agreement as of the date you first accepted these Terms (or accepted any subsequent changes to these Terms) remain in full force and effect. Cardinal will continue to honor any valid opt outs of the Arbitration Agreement that you made to a prior version of these Terms.
Governing Courts. To the extent that the Dispute is not covered by any arbitration agreement between you and us, it shall proceed before the state or federal courts located in the State of Colorado (except for small claims court actions which may be brought in the county where you reside).
Miscellaneous
These Terms constitute the entire agreement between you and Cardinal relating to your access to and use of our Services. The section titles in these Terms are for convenience only and have no legal or contractual effect. Except as otherwise provided herein, these Terms are intended solely for the benefit of the parties and are not intended to confer third party beneficiary rights upon any other person or entity.
You agree that these are the Terms for your use of the Services, and you have not entered into any other agreement related to your use of the Services. If we waive or fail to enforce any of the Terms, it doesn’t waive our right to enforce the Terms against you or someone else in the future. You may not assign any rights granted by the Terms to any third party, and any attempt to do so will be null and void. Cardinal may assign the Terms to any affiliate, subsidiary, or any acquirer of substantially all of the assets or capital securities of Cardinal.
With the exception of the “Waiver of Class and Other Non-Individualized Relief” section above, if any provision or part of a provision of these Terms is unlawful, void or unenforceable, that provision or part of the provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions, and the remaining provisions of the Terms will remain in full effect, and we will substitute a replacement enforceable term reflecting our intent as closely as possible. To the extent of any conflict between the terms and conditions in the main body of these Terms and the terms and conditions contained below in Annex A (Terms of Service), the terms and conditions in Annex A shall govern and control with respect to any access and use of the websites, applications (including, mobile application(s)) and other online products and services provided by Cardinal Estate Planning, LLC.
Our Terms will change as Cardinal evolves and grows
We will change the Terms as Cardinal and the insurance industry evolves and grows over time. If we make changes, we will provide you notice by posting the amended Terms at www.Cardinallife.com/terms and updating the “Effective Date” listed below. We may also attempt to notify you by sending an email notification to the address associated with your Cardinal Account or by providing notice through the Services, or require you to accept or acknowledge the updated Terms. Unless we say otherwise in our notice of changes, the amended Terms will be effective immediately. If you no longer agree with the Terms, you must stop using the Services.
Apple Requirements
If you downloaded the Services from the Apple App Store, the following terms also apply to you:
Insurance Products
The insurance products offered may change from time to time and can be accessed on our Site at the following link: https://www.Cardinallife.com/insurance/life-insurance-policies/. Insurance products are only available to people in those jurisdictions in which they may be legally sold. By applying for insurance products through the Site, you are agreeing to (1) designate us as your agent of record, (2) authorize us to communicate such designation to any insurance carrier, your prior insurance producer, and any other person or entity we determine should be advised, and (3) permit us to receive any compensation that any insurance carrier agrees to pay to us in connection with your purchase of insurance products. With respect to any insurance product, if any term or condition of these Terms differ from the terms and conditions of the policy, the policy’s provisions will control.
Cardinal does not provide any legal, regulatory, accounting, or tax advice, and you must rely upon your own advisors before making any financial decision.
The list of carriers who Cardinal works with to provide the Services may change from time to time and can be accessed on our Site at the following link: https://www.Cardinallife.com/carriers/.
The insurance premiums quoted on the Site are based on the information provided for your quote. The premium quoted is only an estimate and the actual premium and rate class will be determined after the underwriting and approval process is completed. Approval and actual premiums will be based upon the entire underwriting process, including but not limited to, information provided by you on the application, exam results and specific underwriting requirements and criteria. Premium rates may vary by gender (in states where permitted), underwriting class, coverage amount and duration. Premiums quoted may include an annual policy fee, which is subject to change prior to policy issue. Once issued, your annual policy fee will not increase or decrease. Premiums are guaranteed to stay level for the initial term period of term life policies. Policies can be returned without obligation within 30 days of receipt in most states. Two year contestability and suicide provisions may apply. Policy descriptions provided in these Terms are not a statement of contract. Please refer to the policy forms for full disclosure of all benefits and limitations.
Fees
You shall pay all fees or charges (“Fees”) for the Services in accordance with the fees, charges and billing terms in effect between you and Cardinal at the time a Fee is due and payable. By providing Cardinal or its third party payment service provider with your payment information, you agree that Cardinal, or its third party providers of such services, are authorized to immediately invoice your account or charge your designated payment method (including without limitation credit or debit cards) for all Fees due and payable to Cardinal hereunder and that no additional notice or consent is required. You shall immediately notify Cardinal of any change in your payment information to maintain its completeness and accuracy. Except with respect to in-force term policies, Cardinal and its carriers reserve the right at any time to change their prices and billing methods in their sole discretion. You agree to have sufficient funds or credit available upon purchase of any product or service to ensure that the purchase price is collectible by us (including on a monthly, recurring basis), or our third party provider for such product or service. Your failure to provide accurate payment information to Cardinal or our inability to collect payment constitutes your material breach of these Terms. Except as set forth in this Agreement, all Fees for the Services are non-refundable.
The Referral Program
Cardinal may at times offer you the opportunity to refer friends via our referral program (“Program”). Using your unique personal referral link (“Personal Link”), you can refer friends, family members or colleagues whom you personally know (collectively, “Friends”). Referred Friends must submit a life insurance application with Cardinal as described in the referral message.
Referral Program Restrictions
This Program only applies to Legal & General America/Banner Life, and Ameritas Life Insurance Corp. Referrers cannot refer themselves, pay a Friend to apply to Cardinal for coverage, create multiple or fake accounts with Cardinal, or refer a person more than once. You may not use the Program to violate any law, infringe or violate the rights of any third party, or otherwise act in a manner that is deemed harassing, harmful, illegal, hateful, obscene or outside the spirit and intent of the Program. In addition, you may not (i) tamper with the Program, (ii) act in an unfair or disruptive manner, or (iii) use any system, bot or other device or artifice to participate or receive any benefit in the Program. This includes but is not limited to a general prohibition on posting of the referral codes on any Site which offers the referral code to anyone other than Friends, i.e. individuals to whom you personally know. No purchase necessary, and you need not be an existing Cardinal customer to participate. The Program may be subject to additional restrictions in some states to comply with applicable law. When referring a Friend, you can tell them about Cardinal and that we offer a great term life insurance product, but you should not discuss any details of the policies, coverage amounts, or rates. You also cannot pay a friend to apply for coverage.
Referral Program Rewards
By making a Valid Referral (defined below), you will receive a reward subject to the restrictions set forth below. In order to qualify as a “Valid Referral”, your Friend must not be an existing Cardinal customer and must be a first-time applicant for a policy as a result of your referral. These rewards will be in the form of an Amazon Gift Card (or as otherwise determined by Cardinal), which may be subject to the gift card issuer’s terms and conditions. Rewards will not exceed $100 per fiscal year. Rewards are subject to verification. Cardinal may delay a reward for the purposes of investigation. Cardinal may also refuse to verify and process any transaction for any reason.
Referral Program Liability
YOU UNDERSTAND AND AGREE THAT THE INDEMNIFIED PARTIES (DEFINED BELOW) SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, ACTUAL, CONSEQUENTIAL, ECONOMIC, SPECIAL OR EXEMPLARY DAMAGES (INCLUDING BUT NOT LIMITED TO LOST PROFITS OR LOSS OF GOODWILL) ARISING UNDER, RELATED TO, AND/OR IN CONNECTION WITH THE PROGRAM, EVEN IF ADVISED OF THE POSSIBILITY OF THE SAME. By participating in the Program, you agree to indemnify, defend, and hold harmless Cardinal and its subsidiaries, affiliates, and its and their respective attorneys, officers, directors, employees, insurers, independent contractors, agents, successors and assigns (the “Indemnified Parties”) from and against any and all liabilities incurred in connection with (i) your breach or violation of these Terms; and/or (ii) your violation of any law, or the rights of any third party; and (iii) your use of software robots, spiders, crawlers, or similar data gathering and extraction tools, or any other action you take that imposes an unreasonable burden on our infrastructure. Cardinal reserves the right, in its own sole discretion, to assume the exclusive defense and control at its own expense of any matter otherwise subject to your indemnification. You will not, in any event, settle any claim or matter without the prior written consent of Cardinal. TO THE FULLEST EXTENT POSSIBLE BY LAW, THE INDEMNIFIED PARTIES’ MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION WITH THE PROGRAM, REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY, OR OTHERWISE), SHALL BE $100.00.
Referral Program Bulk Distribution (“Spam”)
Each Referrer is the actual sender of the emails and must comply with applicable law. Referrals must be created and distributed in a personal manner that is appropriate and customary for communications with friends, colleagues and family members. Bulk Personal Link distribution, distribution to strangers, or any other use of the services described herein in a manner that is not promoted is expressly prohibited and may be grounds for further legal action. Cardinal has no obligation to monitor the Program or any communications you send to third parties; however, Cardinal may choose to do so and prohibit any use of the Program. Referrers who do not comply with the law, including anti-spam laws, are obligated to indemnify Cardinal against any liabilities, costs and expenses it incurs as a result of such spam.
Referral Program Right to Cancel, Modify or Terminate.
We reserve the right to cancel, modify or terminate the Program at any time for any reason with or without notice. We reserve the right to investigate all referral activities and suspend accounts or not pay fees if we notice any activity that we believe is abusive, fraudulent, or in violation of the Program terms or these Terms. We reserve the right to disqualify any User at any time from participation in the Program if we have a good faith belief that he/she has violated any of these Terms.
Anti-Money Laundering (AML)
Cardinal strives to monitor, detect, and prevent transactions that may involve fraud, money laundering, terrorist financing, or other illegal activity and to report applicable situations as may be required by law. Cardinal reserves the right to deny Service to anyone where we have a reasonable suspicion of violations of any applicable law.
Please click here to view the previous version of our Terms of Use.
Effective Date: October 22, 2024
Customers get approved in as little as 5 minutes. You can purchase instantly or do it anytime in the next 30 days.
1,740 is the average number of customers qualified for approval through Cardinal on a daily basis.
*For people ages 40 and over, the average rate increase is 10% every 6 months. For all people regardless of age, the average rate increase is 6% every 6 months. Once you purchase, your rate is the same your whole term.
*Not all policies are eligible to receive the Cardinal Estate Planning perk and documents may not be available in all states. Your use of the estate planning documents is subject to the Terms of Service and Privacy Policy. Cardinal Estate Planning is not a law firm and our products and services are not a substitute for the advice of an attorney. Questions? Contact us.
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© 2024 Cardinal Technologies Inc. Cardinal operates in some states as Cardinal Life Insurance Services. CA license #0L28949; AR license #100164629. Cardinal offers policies issued by the carriers listed at www.cardinallife.com/carriers. Products and their features may not be available in all states. To help avoid requiring a medical exam, our application asks certain health and lifestyle questions.