These Terms of Use constitute an Agreement between you and eFinancial (“we”, “us” or “our”) and, where applicable, between you and Michael Bowcock. By using eFinancial.com (“website” or “site”), or any of the associated sites, hardware, software or services (also collectively referred to below as the “website”), you agree to these Terms of Use in full to govern your use of this website. You also agree to provide true, accurate, current and complete information if requested by this website. If you do not agree with these Terms of Use, including our Privacy Policy, then you are not authorized to use any service of eFinancial.com, and you should not provide any information through this website. We may change the Terms of Use from time to time, and at any time without notice to you, by posting such changes on the Site. Please check the most current date at the end of this statement to confirm our most current website terms of use.

Age Restriction (18 Years Or Older)

Currently, you must be eighteen (18) years of age or older to use this website, and if you are under the age of 18, you are hereby expressly notified that you are not permitted to provide any information through this website, for any purpose, including seeking insurance information or services. eFinancial and Michael Bowcock are not responsible for monitoring or seeking verification of user qualification or age. However, if eFinancial discovers that a user is accessing this website in violation of these Terms of Use, eFinancial may immediately take action to terminate such access if possible. We are sorry for any inconvenience this may cause.

Disclaimer

eFinancial’s materials and information are provided “as is.” There are no warranties expressed or implied by this website. Materials on eFinancial.com are provided for research and comparison purposes only. eFinancial.com does not recommend or endorse any particular insurance company. eFinancial.com and Michael Bowcock assume no liability for the accuracy of the information provided. We make every effort to provide the highest quality material on eFinancial.com, but because of the technology involved, we may at times encounter technical difficulties or inaccuracy. eFinancial.com life insurance comparison and shopping service is a free service provided by eFinancial to help consumers compare and shop for life insurance. All disclaimers herein apply. Insurance requested through eFinancial.com is transacted through Michael Bowcock, a life insurance agent. Access to products and carriers are available through eFinancial.

Limitation of Liability

To the fullest extent permissible under applicable law, in no event shall eFinancial, or Michael Bowcock, be liable to you for damages of any kind whatsoever including, but not limited to: direct, indirect, consequential, special, incidental – including without limitation, lost profits or damages resulting from lost data or business interruption. eFinancial or Michael Bowcock also will not be liable for punitive damages of any kind whatsoever that may result from your use of or inability to use this website (or the materials or services provided on this website) as well as the products or services received from this website. Exemptions of implied warranties may not be allowed in all jurisdictions. In such case, in no event shall eFinancial’s total liability to you for all damages, losses and causes of action exceed the amount paid by you, if any, for accessing this website.

It is your responsibility to evaluate your needs for life insurance and the accuracy of the information we provide. eFinancial.com or Michael Bowcock do not render any information contained as legal, professional, tax, or other advice. A tax or legal advisor may be necessary in evaluating your personal situation.

You hereby acknowledge that the preceding limitation on liability will apply to all content and services available through the Site. Because some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, in such jurisdictions liability is limited to the fullest extent permitted by law. Regardless of the previous paragraphs, if we are found to be liable, our liability to you or to any third party is limited to the greater of (a) the amount in dispute not to exceed the total amount which you paid to us in the twelve (12) months prior to the action giving rise to the liability of (b) USD $100.

LEGAL DISPUTES

YOU AND EFINANCIAL AGREE TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT, SUCH AS ACCESS TO DISCOVERY, ALSO MAY BE UNAVAILABLE OR LIMITED IN ARBITRATION.

Any dispute between you and eFinancial, its agents, employees, officers, directors, principals, successors, assigns, subsidiaries or affiliates (collectively for purposes of this section, “eFinancial”) arising from or relating to these Terms of Use and their interpretation or the breach, termination or validity thereof, the relationships which result from these Terms of Use, including disputes about the validity, scope or enforceability of this arbitration provision (collectively, “Covered Disputes”) will be settled by binding arbitration. Prior to initiating any arbitration, the initiating party will give the other party at least 60-days’ advanced written notice of its intent to file for arbitration. eFinancial will provide such notice by email to your e-mail address on file with eFinancial and you must provide such notice by email to legalefinancial@efinancial.com.

Any Covered Disputes you have arising out of or relating to these Terms of Use shall be resolved by a single impartial arbitrator pursuant to proceedings administered by the American Arbitration Association under its rules for resolution of commercial disputes. Any such Claim shall be brought solely by you as an individual and not as part of, or as a representative of, a class. You and we agree that any arbitration you initiate, you will pay the fees (ie., filing, hearing, hearing room, abeyance) and you and us will split the arbitrator’s compensation and expenses. For any arbitration initiated by us, we will pay the fees (ie., filing, hearing, hearing room, abeyance) and you and us will split the arbitrator’s compensation and expenses. The arbitration shall be held in Chicago, IL. All submissions to the arbitrator, the proceedings and the award shall be confidential. The arbitration shall be conducted on an expedited basis with minimal discovery. The arbitrator’s award shall be final and binding. The courts of the State of Illinois and/or the United States District Court for the Northern District of Illinois shall have exclusive jurisdiction and venue over (i) any action concerning the enforcement of an arbitration award, or (ii) if arbitration is not permitted by law, then any Claim you have arising out of or relating to these Terms of Use. You agree to unconditionally and irrevocably submit to the exclusive jurisdiction and venue of such courts and you will not object to such jurisdiction and venue on the grounds of lack of personal jurisdiction, inconvenient forum or otherwise. EACH PARTY IRREVOCABLY WAIVES ANY AND ALL RIGHT TO TRIAL BY JURY IN ANY LEGAL PROCEEDING ARISING OUT OF OR RELATED TO THESE TERMS OF USE. eFinancial reserves all rights and remedies available to it, in law or equity, with respect to any matter relating to these Terms of Use.

Neither party consents or agrees to any arbitration on a class or representative basis, and the arbitrator shall have no authority to proceed with an arbitration on a class or representative basis. No arbitration will be consolidated with any other arbitration proceeding without the consent of all parties. Any claim or controversy as to the enforceability of this arbitration provision’s restriction on your right to participate in or pursue a class action or classwide arbitration shall be brought only in the United States District Court for the Northern District of Illinois or any State of court located in Cook County, Illinois.

If any portion of this section is found to be unenforceable or unlawful for any reason, (a) the unenforceable or unlawful provision shall be severed from these Terms of Use; (b) severance of the unenforceable or unlawful provision shall have no impact whatsoever on the remainder of this section or the parties’ ability to compel arbitration of any remaining claims on an individual basis pursuant to this section; and (c) to the extent that any claims must therefore proceed on a class, collective, consolidated, or representative basis, such claims must be litigated in a civil court of competent jurisdiction and not in arbitration, and the parties agree that litigation of those claims shall be stayed pending the outcome of any individual claims in arbitration. Further, if any part of this section is found to prohibit an individual claim seeking public injunctive relief, that provision will have no effect to the extent such relief is allowed to be sought out of arbitration, and the remainder of this section will be enforceable.”

GOVERNING LAW These Terms of Use and all matters regarding your use of the Site shall be governed by, construed in accordance with, and enforced under the laws of the State of applicable to contracts made and executed and wholly performed in the State of Illinois, without regard to choice of law principles. Neither the Uniform Computer Information Transaction Act nor the United Nations Convention on Contracts for International Sale of Goods apply and their applicability is expressly excluded. Printed copies of any and all agreements and/or notices in electronic form shall be admissible in any legal, investigative or regulatory proceedings.

State License Numbers

Licenses

Michael Bowcock is a life insurance agent in the following states under the following insurance licenses:

User Conduct

Use of the eFinancial.com site for the any following purposes or activities is strictly prohibited:
a) conducting or supporting illegal activity of any type whatsoever;

b) transmitting or storing worms or viruses or any code of a destructive nature;

c) threatening, harassing, abusing, impersonating, injuring or intimidating others;

d) interfering with others’ use of this website, unless such interference is for the purpose of complying with another section of these Terms of Use;

e) delivering spam, collecting information to deliver spam or sending unsolicited email advertisements;

f) decompiling, disassembling, reverse engineering or otherwise attempting to discover any source code contained in this website;

g) disguising the origin of any content transmitted through this website or manipulating your presence on the website; and/or

h) causing the launch of any automated system(s) that accesses this website in a manner that sends more request messages to servers of the website in a given period of time than a human can reasonably produce in the same period by using a conventional website browser.

Other Important Terms

Jurisdiction: We do not imply that the materials or services on this website are available or for use outside the United States or that we are soliciting business in any such jurisdiction.

Miscellaneous: These Terms of Use – and the agreement they create – shall be governed by and interpreted according to the laws of the State of Washington, without giving effect to Washington’s conflict of laws principles.

If any provision of this agreement is unlawful, void or unenforceable, it shall not affect the validity and enforceability of any remaining provisions. We may modify these Terms of Use at any time, simply by updating this posting or the information on this website and without notice to you.

Intellectual Property Notice: The mark EFINANCIAL, and the other design(s) and stylizations associated therewith are the properties of Efinancial, LLC, in the USA. This website and related software are protected under U.S. and international copyright laws, and you are notified that copyrights are claimed by eFinancial. You agree to abide by any and all copyright notices displayed on this website.

For Customer Service, call toll-free 1-866-765-4296.

Last Update: June 12, 2017