Terms and Conditions

Last updated November 2022

By accessing this web site, you agree to be bound by the following terms and conditions of use (the “Terms”) without limitation or qualification.

Please direct any questions about these Terms or any other questions or problems with this website to info@PolicyBank.com.

This website is for information and life insurance policy evaluation and qualification purposes only. PolicyBank.com (together with its owners, designees, agents, and representatives, collectively, “Policy Bank”) is not a life settlement provider or broker. We will refer qualified policies to a licensed entity. Any details stated in case examples listed on this website may be approximations. Such details may be presented by Policy Bank without independent verification.

The life settlement qualifier questionnaire found on the website is a tool intended to assist us in the evaluation and qualification of life insurance policies. It is not, and shall not be deemed to be, a bid or an offer to purchase a life insurance policy. Use of the life settlement qualifier tool does not guarantee that any life settlement provider will or will not offer to purchase a policy. By using the life settlement qualifier tool, you authorize us or our representatives or agents to contact you, including by telephone. You further authorize us to provide any and all information given by you on this form, including your personal and/or health information, to our affiliates, as well as to non-affiliated life settlement providers, brokers and other contracted parties, for the purpose of evaluating and qualifying for a life settlement, life insurance policy or other financial product or service. For more information about how we uses your personal and/or health information, please visit https://www.PolicyBank.com/privacy-policy/.

Telephonic Communications and Agreement to be Contacted

You acknowledge that telephone calls to or from us or our affiliates may be monitored and recorded, and you agree to such monitoring and recording. You verify that any contact information you provide to us, including, but not limited to, your name, mailing address, email address, your residential telephone number, and/or your mobile telephone number, is true and accurate. You verify that you are the current subscriber or owner of any telephone number that you provide to us. Should any of your contact information change, including your telephone numbers, you agree to notify us before the change goes into effect at info@PolicyBank.com.

You acknowledge that by voluntarily providing your telephone number(s) to Policy Bank, you expressly agree to receive prerecorded voice messages and/or autodialed calls or text messages from us and our third party service providers, and confirm that you are over the age of eighteen. You also agree that we may obtain, and you expressly agree to be contacted at, any email addresses, mailing addresses, or phone numbers provided by you directly at any time or obtained through other lawful means, such as caller ID capture. You agree to receive automated calls and text messages even if your policy does not qualify, except if you opt-out, as provided below. Consent to receive automated marketing calls/texts is not a condition of qualifying your policy. Policy Bank may call or text you even if your telephone number is registered on any state or federal Do Not Call list. You may incur charges for these calls or text messages from your telephone carrier. Policy Bank and is not responsible for these charges.

You may opt-out of automated calls or text messages at any time. To opt-out of text messages, reply STOP to any text message. For additional information, reply HELP to any text message or contact (800) 268-3687.] To opt-out of automated voice calls (but not text messages), you must (i) provide us with written notice revoking your consent; (ii) in that written notice, you must include your full name, mailing address, and the specific phone number(s) for which you wish to cease telephonic communications; and (iii) send this written notice to info@PolicyBank.com. Please allow up to thirty (30) days to process any opt-out request.

The participating carriers in PolicyBank.com’s text messaging program include (but are not limited to) AT&T, Sprint, Verizon Wireless, U.S. Cellular, T-Mobile, and MetroPCS. We may add or remove any wireless carrier from this service at any time without notice. Policy Bank and the mobile carriers are not responsible for any undue delays, failure of delivery, or errors in messages.

Arbitration Agreement

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS AND LIMITS CERTAIN RIGHTS INCLUDING, BUT NOT LIMITED, TO THE RIGHT TO BRING AN ACTION IN COURT, TO SEEK TRIAL BY JURY, AND TO BRING CLASS ACTIONS.

Any claim, dispute, or controversy arising from or relating to your relationship with Policy Bank or its affiliates, whether in contract, tort, pursuant to statute, regulation, ordinance, or in equity or otherwise, wherever and by whomever commenced (“Claim”), shall, upon delivery of a written notice demanding arbitration to the other party (including a written notice after the commencement of a lawsuit or a notice contained in court filings in any such lawsuit), be resolved by binding arbitration on an individual (not class) basis only. Such arbitration shall be governed by the Federal Arbitration Act, 9 U.S.C. §§ 1 et seq. (and not any state law concerning arbitration), these Terms, and the applicable rules of JAMS–excluding any rules pertaining to class arbitration, and subject to any modifications of those rules by this Arbitration Agreement–in effect at the time of the written notice demanding arbitration. In the event of a conflict between JAMS rules and this Arbitration Agreement, this Arbitration Agreement shall control. In the event of a conflict between this Arbitration Agreement and another potentially applicable contractual arbitration provision, this Arbitration Agreement shall control. The arbitrators shall not apply any arbitration provision other than this Arbitration Agreement in administering any arbitration concerning Claims falling within the scope of this Arbitration Agreement. The term “Claim”, as used in this Arbitration Agreement, is to be given the broadest possible meaning, and includes without limitation claims, disputes, or controversies arising from telephone, email, text or written communications from Policy Bank or its affiliates, or qualifying your policy for possible purchase. Any dispute regarding arbitrability, including the permissibly of class arbitration, however, shall be resolved by a court of competent jurisdiction, and not in arbitration. For avoidance of doubt, all disputes regarding the availability of classwide or consolidated arbitration shall be resolved in court and not in arbitration, regardless of the posture under which such disputes arise. YOU WILL NOT HAVE THE RIGHT TO A JURY TRIAL IN ARBITRATION. DISCOVERY AND RIGHTS TO APPEAL GENERALLY ARE MORE LIMITED IN ARBITRATION THAN IN A LAWSUIT, AND OTHER RIGHTS APPLICABLE IN COURT MAY NOT BE AVAILABLE IN ARBITRATION.

THE ARBITRATION AGREEMENT IS FULLY BINDING IN THE EVENT THAT A CLASS ACTION OR SIMILAR LAWSUIT OR CLASS ARBITRATION IS FILED IN WHICH YOU WOULD BE A CLASS REPRESENTATIVE OR MEMBER, OR WOULD ACT IN A PRIVATE ATTORNEY GENERAL CAPACITY. YOU AGREE THAT THERE SHALL BE NO CLASS OR CONSOLIDATED ARBITRATION OF ANY CLAIM, AND YOU EXPRESSLY WAIVE ANY RIGHT TO ARBITRATE OR LITIGATE IN A CLASS ACTION.

JAMS will be used for the purposes of administering an arbitration governed by this Arbitration Agreement. The website containing applicable rules for JAMS is www.jamsadr.com. The arbitration will be decided by one (1) arbitrator, who must be a lawyer with more than ten (10) years of experience or a retired judge.

Arbitrations seeking relief less than $100,000 in the aggregate will be held within the federal judicial district encompassing the city where you reside. Arbitrations seeking relief of $100,000 or more in the aggregate will be held in Philadelphia, Pennsylvania.

Policy Bank will pay the first $2,500.00 in fees charged by the arbitration administrator for Claim(s) associated by you in the arbitration, after you have paid an amount equivalent to the fee, if any, had such Claim(s) been filed in state or federal court (whichever is less) in the judicial district in which you reside or are located. Thereafter, the parties to the arbitration shall share the arbitration fees equally, which amounts shall not be recoverable in the arbitration. Each party to the arbitration shall be responsible for its own attorney, expert, and other fees.

Consistent with the individual (not class) nature of the arbitration for which this Arbitration Agreement provides, there shall be no discovery in such arbitration of the name or other identifying information of any insured or policy owner. Nor shall there be discovery in such arbitration of any trade secret, or any document or information pertaining to one or more transactions in which you were not directly involved. The arbitrator shall apply the Federal Rules of Civil Procedure and Federal Rules of Evidence, except that in the event of a conflict between any of those rules and this Arbitration Agreement, this Arbitration Agreement shall control.

If any portion of this Arbitration Agreement is deemed invalid or unenforceable, it shall not invalidate the other provisions of the Arbitration Agreement; provided, however, that if the prohibition on classwide arbitration is deemed invalid or unenforceable–an issue that may be considered only in a putative class proceeding–then this entire Arbitration Agreement shall be null and void.

Warranty Disclaimer

POLICY BANK MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION CONTAINED IN THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED ON THIS WEBSITE FOR ANY PURPOSE. ALL SUCH DOCUMENTS AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. POLICY BANK AND ITS AFFILIATES HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED ON THIS WEBSITE COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. POLICY BANK, ITS AFFILIATES, AND/OR ITS THIRD PARTY SERVICE PROVIDERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE FORM(S) AND/OR THE TOOL(S) PROVIDED OR DESCRIBED HEREIN AT ANY TIME.

Indemnification

You agree to indemnify, defend and hold Policy Bank and its respective owners, employees, agents, representatives, and affiliates harmless from and against any and all claims, losses, liability, costs, and expenses (including reasonable attorneys’ fees) arising from (i) your voluntary provision of a telephone number that is not your own, and/or from your violation of any federal, state, or local law, regulation, or ordinance; (ii) your misuse of the website; (iii) your violation of these Terms; and (iv) your violation of any law or the rights of any third party (including, without limitation, any copyright, property or privacy right).

Limitation of Liability

IN NO EVENT SHALL POLICY BANK BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF INFORMATION AVAILABLE FROM THIS WEBSITE. POLICY BANK ALSO ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY AS A RESULT OF YOUR ACCESS TO, USE OF, OR BROWSING THIS WEBSITE OR YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO OR AUDIO FROM THIS WEBSITE. YOU WILL BE RESPONSIBLE FOR ANY LIABILITY ARISING OUT OF YOUR ACCESS TO, OR USE OF, THIS WEBSITE OR ITS CONTENTS IN A MANNER OTHER THAN AS EXPRESSLY PERMITTED BY THESE TERMS OR YOUR VIOLATION OF APPLICABLE LAWS OR RIGHTS OF ANY THIRD PARTY.

Copyright Notice

Trademarks

The names of actual companies and products mentioned herein may be the trademarks of their respective owners.

Notice Specific to Content Available on this Website

No permission of any kind is granted regarding the use or reproduction of the design or layout of the PolicyBank.com website. Elements of this website are protected by copyright, trade dress, trademark, unfair competition, and other laws and may not be copied or imitated in whole or in part. All trademarks, service marks, trade names, logos, and icons are proprietary to Policy Bank. Nothing contained on this website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark displayed on this website without the written permission of Policy Bank. Your use of the trademarks displayed on this website, or any other content on this website, except as provided herein, is strictly prohibited. You may not distribute, modify, transmit, reuse, repost, or use the content of this website for public or commercial purposes, including the text, images, logos, audio, and video without our prior written permission. Any unauthorized use of images may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes. Policy Bank neither warrants nor represents that your use of materials displayed on this website will not infringe rights of third parties.

Ownership of Information

Any information, other than personal data or information you transmit to Policy Bank via this website, by email or otherwise, including data, questions, comments, or suggestions, will be treated as non-confidential and non-proprietary and will become the property of Policy Bank. Such information, other than personal data or information, may be used for any purpose, including, but not limited to, reproduction, solicitations, disclosure, transmission, publication, broadcast, and posting. Policy Bank is free to use any ideas, concepts, know-how, or techniques contained in any communication you send to Policy Bank via this website or by any other means for any purpose whatsoever, including, but not limited to, developing and marketing products using such information.

Waiver

No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and Policy Bank’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.

Rights Reserved

Any rights not expressly granted herein are reserved. Policy Bank reserves the right to change the Terms at any time and from time to time by revising these Terms. You are responsible for regularly reviewing these Terms. If any portion of these Terms is found to be unenforceable, the remaining sections of the Terms will remain in effect. It is expressly understood and agreed between the parties that such modification or restriction may be accomplished unilaterally by Policy Bank, or alternatively, by disposition of an arbitrator or a court of law. If such provisions cannot under any circumstances be so modified or restricted, they shall be excised from the Terms without affecting the validity, legality or enforceability of any of the remaining provisions.