Longevity Planners | Terms and Conditions

Terms and Conditions

Longevity Planners Insurance Agency LLC, and its subsidiaries and affiliates (collectively, “Longevity”) seek to make buying long-term care and other insurance simpler for people. These Terms of Use (the “Terms”) outline the rules and expectations that protect both you and Longevity. 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 offer online through www.longevityplanners.com or any of our affiliated sites (collectively, the “Site”). We use the term your “Longevity Account” to mean a website where you can find data about your insurance policies, your contact information, and any additional data you choose to add. When we write “we”, “our”, or“us”, we mean Longevity. 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 through Longevity, 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 Longevity 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 Longevity 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” button, or completing the profile questionnaire and/or the application process, you represent that you have read, understand, and agree to be bound by these Terms. Further, by using the 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; and (iii) you do not have any agreements in place to assign/sell the policy for which you are applying. If you are entering into these Terms on behalf of a third party, you represent that you have the authority to bind such a third party to these Terms, in which case the term “you” will include such third party. If you do not agree to be bound by these Terms, please do not access or use any of our Services.

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 Longevity; (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.

LEAVING OUR SITE

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 Longevity. 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. Longevity isn’t responsible for the practices of the sites or services to whom we link, including any of the content they show you. Understandably, those sites are not acting or ruled by the Site policies of Longevity. Longevity provides these Third-Party Services solely 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. Your use of all links in Third-Party Services is 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.

SELLING INSURANCE

Longevity only sells insurance in states where we are licensed to sell. The products we offer are only for people who live in the United States. We do not and do not intend to sell insurance products outside the United States, or anywhere Longevity isn’t licensed.

INSURANCE PRODUCTS

Insurance products are only available to people in those jurisdictions in which they may be legally sold. By discussing or applying for insurance products through Longevity, 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.

Longevity does not provide any legal, medical, regulatory, accounting, or tax advice, and you must rely upon your own advisors before making any financial decision. Specifically, among other things, to the extent that you utilize any of Longevity’s calculating tools on the Site, you agree that Longevity is not providing medical advice of any kind – you should consult your physician or other medical provider for medical advice.

INTELLECTUAL PROPERTY

Longevity protects its brand and assets, and all of our logos and designs are trademarks and/or service marks of Longevity. You may not use our images or logos without first obtaining our prior written approval. Everyone who uses our Services and visits our Site should respect the applicable intellectual property laws governing the Site and our Services, and the rights of Longevity. Longevity’s name, logos, designs, business processes, and everything else that comprises our Services are protected by intellectual property rights including copyright, trademark, trade secret, and other laws of the United States. Our Terms do not grant 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 Longevity’s 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 the 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.

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. You grant us a royalty-free, fully paid-up, worldwide, perpetual, and irrevocable license to incorporate the Feedback into the Services or any of our current or future products or services, and/or into our marketing materials with or without notice or compensation to you.

YOUR LONGEVITY ACCOUNT

Your Longevity 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 Longevity 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, complex password. Quickly to reset your password if you ever suspect that your password and credentials are compromised. You agree to notify us immediately of any unauthorized use of your Longevity Account access or any other concern for breach of your Longevity Account security. You further agree, confirm, and acknowledge that we will not be liable for any loss or damage incurred as a result of someone else using your Longevity Account, either with or without your consent and/or knowledge.

Also, by creating your Longevity 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.

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 Longevity at the time a Fee is due and payable. By providing Longevity or its third party payment service provider with your payment information, you agree that Longevity, 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 Longevity hereunder and that no additional notice or consent is required. You shall immediately notify Longevity of any change in your payment information to maintain its completeness and accuracy. Except with respect to in-force term policies, Longevity 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 Longevity 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.

COPYRIGHT INFRINGEMENT

We disclaim any responsibility or liability for copyrighted materials posted on our Site. If you believe that your work has been copied in a manner that constitutes copyright infringement, please follow the procedures set forth below.

We respect the intellectual property rights of others and expect our users to do the same. In accordance with the Digital Millennium Copyright Act ("DMCA"), we will respond promptly to notices of alleged infringement that are reported to our Designated Copyright Agent, identified below.

Notices of Alleged Infringement for Content Made Available on the Sites:

If you are a copyright owner, authorized to act on behalf of one, or authorized to act under any exclusive right under copyright, please report alleged copyright infringements taking place on or through our Sites by sending us a notice ("Notice") complying with the following requirements.

1. Identify the copyrighted works that you claim have been infringed.

2. Identify the material or link you claim is infringing (or the subject of infringing activity) and that access to which is to be disabled, including at a minimum, if applicable, the URL of the link shown on the Sites where such material may be found.

3. Provide your mailing address, telephone number, and, if available, email address.

4. Include both of the following statements in the body of the Notice:

"I hereby state that I have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use)."
"I hereby state that the information in this Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed."

5. Provide your full legal name and your electronic or physical signature. Deliver this Notice via email to legal@longevityplanners.com or regular mail to our offices located at 160 Gould St., Suite 207, Needham, MA 02494, Attn: Legal Department.

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. LONGEVITY 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.

LONGEVITY 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 are intended to help you think through what insurance is best for you. Longevity is not a replacement for your physician, lawyer, financial advisor, or tax planning specialist. We simply provide useful information to help you think through your insurance decisions and options. Longevity 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 Longevity. You acknowledge and agree that Longevity does not endorse the contents of third party 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. Longevity is not responsible and assumes no liability for changes or discontinuance of services from 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.

INDEMNIFICATION

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS LONGEVITY, 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 “LONGEVITY 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 LONGEVITY 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 LONGEVITY PARTIES OF ANY THIRD-PARTY CLAIMS, COOPERATE WITH THE LONGEVITY 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 LONGEVITY 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 LONGEVITY OR THE OTHER LONGEVITY PARTIES.

LIMITATION OF LIABILITY

IN NO EVENT SHALL (I) LONGEVITY 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

These Terms and your use of the Services will be governed by Massachusetts 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 Longevity 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 Longevity 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 Longevity may assert claims or seek relief in small claims court if such claims qualify and remain in small claims court; and (ii) you or Longevity 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 Longevity. If that occurs, Longevity is committed to working with you to reach a reasonable resolution. You and Longevity 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 Longevity 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 Longevity that you intend to initiate an Informal Dispute Resolution Conference should be sent by email to legal@longevityplanners.com or regular mail to our offices located at 160 Gould St., Suite 207, Needham, MA 02494, Attn: Legal Department. 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 LONGEVITY 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 Longevity 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 LONGEVITY 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 Longevity 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 Commonwealth of Massachusetts. All other Disputes shall be arbitrated or litigated in small claims court. This section does not prevent you or Longevity 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 Longevity 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 Longevity should be sent either by mail to 160 Gould St., Suite 207, Needham, MA 02494 or by email to legal@longevityplanners.com. A Request to you will be sent to your email address or regular address associated with your Longevity 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 after hearing the arguments of the parties. Unless you and Longevity 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 Longevity 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 Commonwealth of Massachusetts 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. 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 Longevity 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 Longevity agree that in the event that there are ten (10) or more individual Requests of a substantially similar nature filed against Longevity 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 Longevity.

You and Longevity 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 legal@longevityplanners.com, 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 Longevity 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 Longevity retains the right to modify this Arbitration Agreement in the future, at its sole discretion. Any such changes will be posted at www.longevityplanners.com/terms and you should check for updates regularly. Your continued use of the Service, 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. Longevity 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 Massachusetts (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 Longevity relating to your access to and use of our Services and the Site. The section headings 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. Longevity may assign the Terms to any affiliate, subsidiary, or any acquirer of substantially all of the assets or capital securities of Longevity.

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.

OUR TERMS WILL CHANGE AS LONGEVITY CONTINUES TO EVOLVE

We will change the Terms as Longevity and the insurance industry evolves and grows over time. If we make changes, we will provide you notice by posting the amended Terms here at www.longevityplanners.com/terms-and-conditions 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 Longevity 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, and your continued use of the Services will confirm your acceptance of such changes. If you no longer agree with the Terms, you must stop using the Services.

Effective Date: January 30, 2025