Terms

Acceptance

These Terms apply to your use of this Site. By visiting or using this Site or indicating your agreement to be bound by these Terms, you acknowledge that you have read, understood, and accepted the Terms. Continued use of the Site constitutes your acceptance of any revisions to these Terms.

Definitions

“Phoenix SRV” or “us” or “our” or “we” refers to Phoenix SRV. “Site” means our website and any other Internet sites operated by us and our online services. “You” and “Your” means the user of this Site.

Limitations of Use

The Site is intended solely for use by United States residents who are at least 18 years of age and have otherwise reached the age of majority.

You agree to use the Site only for lawful purposes. You may not use the Site in any way that would constitute a violation of any applicable law, regulation, rule, or ordinance of any nationality, state, locality, or of any international law or treaty or that could give rise to any civil or criminal liability. Any unauthorized use of this Site, including but not limited to unauthorized entry into our systems, misuse of passwords, or misuse of any information posted on the Site, is strictly prohibited.

We may change the Site, stop offering products and services through the Site, or create usage limits for the Site without prior notice. We may permanently or temporarily terminate or suspend your access to the Site without notice and liability for any lawful reason, including if, in our sole determination, you violate any provision of these Terms or for no reason if lawfully permitted. Upon any such termination, you continue to be bound by these Terms. Notwithstanding the foregoing, any such suspension, stop, or other change to the Site shall not be concerning and shall not affect any products and services, including insurance coverage, you’ve already obtained through the Site.

Collection and Use of Personal Information

Your use of the Site, including your application for the products and services offered through the Site, may involve the transmission to us of certain personally-identifiable information. Our policies concerning our collection and use of such information are outlined in our Privacy Policy, which is hereby incorporated by reference.

Website Security

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

Insurance Products

Eligible individuals may apply for insurance products through the Site. Insurance products are only available to people in those jurisdictions where they may be legally sold. By using for insurance products through the Site, you agree to (i) designate us as your agent of record, (ii) 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 (iii) permit us to receive any compensation that any insurance carrier agrees to pay to us in connection with your purchase of insurance products. Concerning any insurance product, if any term or condition of these Terms differs from the terms and conditions of the Policy, the Policy’s provisions will control. For information on the insurance-related licenses we hold, please visit Licenses. In addition, though we would like you to allow us to resolve any complaint you may have about the insurance products offered through the Site, if we cannot resolve your complaint, you may also report your complaint to the insurance regulator in your state.

Product information and descriptions contained within the Site are not intended to be complete descriptions of all applicable terms, exclusions, and conditions but are provided solely for general informational purposes. If you purchase a Phoenix SRV Life policy, you should refer to the actual Policy for complete coverage details. Approval of your application is not guaranteed, based upon its underwriting guidelines and your personal health history. Insurance policy prices, coverages, features, terms, benefits, exclusions, limitations, and available discounts vary among these insurers and are subject to qualifications. Each insurer is solely responsible for any claims and financial responsibility for its products.

We do not provide forms of professional advice that may require additional professional licensing, such as legal, medical, accounting, or tax advice. The Site does not contain any legal, regulatory, accounting, or tax advice, and you must rely solely upon your advisors regarding such advice.

Your Obligations and Authorizations

You do not need to register with us to visit and view the Site. However, you must register for an account to access certain password-protected site areas and apply for the products and services offered. When registering for an account through the Site, you must provide accurate and complete information, and you must keep this information up to date. You are solely responsible for the activity on your account and must keep your account password secure. You must notify us immediately if you become aware of any breach of security or unauthorized use of your account. We will not be liable for any losses caused by unauthorized use of your account.

To access or use certain aspects of the Site, we may need your authorization to (i) collect information provided by you through the Site, including certain personal information, personal health information, signatures, data, passwords, usernames, PINs, and other information, materials, and content necessary for us to provide the products and services offered through the Site to you, and (ii) retrieve and manage information of yours maintained by certain third-party institutions (“Your Data”). You hereby grant us a non-exclusive, royalty-free license under any applicable intellectual property rights to use Your Data solely in connection with the provision of the products and services offered through the Site.

You represent and warrant that the portion of Your Data you provide us is accurate and complete and that you are authorized to submit it without any obligations on us, including but not limited to the payment of fees. We have no liability or other responsibility for inaccuracy or incompleteness or your inability to use the Site due to such inaccuracy or incompleteness. You are and will be responsible for the consequences of any instructions you provide us and that we follow. You hereby authorize us to (i) store Your Data in accordance with applicable laws and (ii) use any signatures or other materials you provide us to provide you with the products and services offered through the Site.

Prohibited Activities

You agree that you will not: (i) register for an account on behalf of somebody other than yourself, (ii) impersonate another person or otherwise misrepresent your affiliation with a person or entity, conduct fraud, hide or attempt to hide your identity, (iii) use or attempt to use another’s account without authorization from that person and us, (iv) copy, distribute, or disclose any part of the Site in any medium, including without limitation by any automated or non-automated “scraping”, (v) use any automated system, including without limitation “robots,” “spiders,” “offline readers,” etc., to access the Site in a manner that sends more request messages to our servers than a human can reasonably produce in the same period of time by using a conventional on-line web browser (except that we grant the operators of public search engines revocable permission to use spiders to copy publicly available materials from the Site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials), (vi) transmit spam, chain letters, or other unsolicited email, (vii) attempt to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Site, (viii) take any action that may impose an unreasonable or disproportionately large load on our infrastructure, as determined by us, (ix) upload invalid data, viruses, worms, or other software agents through the Site, (vii) collect or harvest any personally identifiable information, including account names, from the Site, (x) use the Site for any commercial solicitation purposes, (xi) use the Site in order to obtain information about us, the Site, or our customers for the purpose of competing with us or otherwise replicating some or all of the Site for any reason, (xii) interfere with the proper working of the Site, (xiii) access any content on the Site through any technology or means other than those provided or authorized by the Site, or (xiv) bypass the measures we may use to prevent or restrict access to the Site, including without limitation features that prevent or restrict use or copying of any content or enforce limitations on use of the Site or the content.

Intellectual Property

Unless otherwise stated, we do not accept unsolicited ideas, suggestions, or materials relating to our services and product development, design, or marketing. Any such postings to the Site will be considered non-confidential and non-proprietary and will remain our exclusive property. We may copy, disclose, distribute, incorporate, and otherwise use the item and any information without compensation.

The entire Site is our copyrighted work. Unless otherwise specified, no person has permission to copy, display, distribute, republish, or create derivative works from such information.

By providing content, we do not allow you to use trademarks referenced on the Site. Without our written permission, you may not use meta tags or any other “hidden text” utilizing our name or trademarks. The trademarks, logos, and service marks (the “Marks”) displayed on the Site are our or other third parties property. You are prohibited from using any Marks without the express written permission of us or the third party that owns the Marks.

We respect the copyright interests of others. If you believe that any material contained on the Site may infringe on your copyright, you must provide us notice in writing of the following: (i) identification of the copyrighted work claimed to have been infringed, (ii) identification of the allegedly infringing material, (iii) information sufficient to permit us to locate the infringing material, (iv) a statement that the complaining party has a good faith belief that use of the material is not authorized or permissible by law, and (v) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the copyright owner, agent, or licensee. Anyone who knowingly misrepresents that material infringes on such notice will be liable for any damages and associated costs incurred by us.

Third-Party Practices

This Site contains links to, and services from, other third-party websites that we do not maintain. Unless otherwise stated, we make no warranties or representations regarding these third-party websites or the products and services offered. We also do not control these third-party websites’ privacy or security practices or the locations where they process data. You should read third-party websites’ privacy and security policies, as their practices may differ from ours. In particular, we use specific Google Maps APIs on the Site. Google’s Terms of Service cover the use of these APIs.

Disclaimer of Warranties and Limitation of Liability

The Site is provided by us on an “as is” and “as available” basis. To the full extent permissible by applicable law, we disclaim all warranties, express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, or non-infringement of intellectual property. We do not represent or warrant that the Site or its content is error-free, that defects will be corrected, or that the Site is free of viruses or other harmful code.

Under no circumstances will we, our agents, providers, or their respective officers, directors, employees, agents, independent contractors, or licensors (the “Phoenix SRV  Parties”) be liable to you or anyone else for damages of any kind arising from your use of the Site, your inability to use the Site, or circumstances beyond our control, including, but not limited to direct, indirect, incidental, punitive and consequential damages, even if the Phoenix SRV  Parties are expressly advised of the possibility of such damages. The Phoenix SRV will not be liable for any user’s defamatory, offensive or illegal conduct. Your sole remedy for dissatisfaction with the Site is to stop using the Site. If your use of materials from the Site results in the need for servicing, repairing or correcting equipment or data, you assume any costs. Some jurisdictions do not allow the exclusion or limitation of liability for negligence, consequential, incidental, or other damages. In such jurisdictions, our liability is limited to the greatest extent permitted by law.

Indemnification

You agree to indemnify and hold harmless Phoenix SRV Parties from and against any and all claims, losses, expenses, demands, or liabilities, including attorneys’ fees and costs, incurred by the Phoenix SRV Parties in connection with any claim by a third party (including any intellectual property claim) arising out of: (i) materials and content you submit to, post to or transmit through the Site, or (ii) your use of the Site in violation of these Terms or violation of any applicable law. You further agree that you will cooperate fully in defense of such claims. At their own expense, the Phoenix SRV reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. You shall not, in any event, settle any such claim or matter without our prior written consent. You further agree to indemnify and hold harmless the Phoenix SRV from any claim arising from a third party’s use of information or materials that you post to the Site.

Permission to Contact

When you give us your home and/or mobile phone number, we have your permission to contact you at that number or numbers, and any other number we believe we may reach you through (unless prohibited by applicable law), about your Phoenix SRV account. Your consent allows us to use text messaging, artificial or prerecorded voice messages, and automatic dialing technology for all purposes not prohibited by applicable law. Message and data rates may apply. You may contact us anytime to change these preferences. We may also send an e-mail to any address where we reasonably believe we can contact you. Some purposes for calls and messages include suspected fraud, obtaining information; administration of your account; and collecting premiums.

Miscellaneous

Governing Law, Jurisdiction, and Venue

These Terms and all other aspects of your use of the Site shall be governed by and construed in accordance with the laws of the United States and, to the extent applicable, without giving effect to its conflicts of laws rules.

You agree that you will notify us in writing by e-mail of any claim or dispute concerning or relating to the Site and the information, products, and services provided through the Site, and give us a reasonable period of time to address your claim or dispute before bringing any legal action against us. Except for proceedings commenced by us to protect our intellectual property or confidential information which may be brought in any court of competent jurisdiction, you and we mutually agree that any and all disputes arising hereunder shall be resolved exclusively by state courts.

Notices

If you have registered for an account through the Site, we will notify you of any material changes to these Terms by using any of the contact information you provided or by posting a message on the Site’s home page. In addition, we will update the “last modified” date at the bottom of this page.

General Provisions

These Terms shall be subject to any other agreements you have entered into; if there is a conflict between these Terms and any insurance policy issued to you through the Site, the insurance policy’s terms shall be controlled. These Terms supersede any previous Terms to which you and we may have been bound. If any provision of these Terms is found invalid or unenforceable, the remaining provisions shall be enforced to the fullest extent possible, and the remaining provisions of these Terms shall remain in full force and effect. These Terms will be binding on, inure to the benefit of, and be enforceable against you and us and their respective successors and assigns. Neither the course of conduct between you and us nor trade practice shall act to modify any provision of these Terms. All rights not expressly granted herein are hereby reserved. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Failure to enforce our rights under these Terms shall not be construed as a waiver of those rights or any other rights in any way whatsoever.

Contacting Us

Please get in touch with us if you have any questions regarding these Terms or our practices.