Terms of Service

Effective Date: February 9, 2020
0Thank you for visiting our site! Aktibo, Inc. d/b/a Sproutt ("Aktibo", "Sproutt", "we", "us", or "our") is an online producer/broker of life insurance products and services. These Terms of Service govern your access to and use of our website, including any features and services available on or through our Site (collectively, the "Services").
0These Terms of Service contain provisions that limit our liability to you and require you to solve any dispute with us through binding arbitration on an individual basis and not as part of any class or representative action.

1.
Your Acceptance

0By visiting or using the Services, you agree to and accept these terms and conditions ("Terms of Service"). If you do not agree to any of these Terms of Service, please do not use the Services.

2.
Your Use of the Services - General Conditions

0Sproutt hereby grants you permission to access and use the Services as set forth in these Terms of Service, provided that:
0
A.
You access and use the Services in strict compliance with these Terms of Service.
0
B.
You understand that Aktibo d/b/a Sproutt is not a health care provider, does not provide medical advice, and has no professional healthcare relationship with you. Our Services do not constitute the practice of medical, nursing or other professional health care activity or delivery of advice, diagnosis or treatment. Further, our Services are not intended to be used for medical purposes and is not intended to diagnose, treat, cure or prevent any disease, ailment or injury, and should not be used in place of the advice of your physician or health care provider. You should always talk with your physician or other health care provider for diagnosis and treatment, including your specific medical needs. You rely on any information, content, techniques, ideas, or suggestions accessed through these Services at your sole discretion and risk.
0
C.
You agree not to alter or modify any part of the Services.
0
D.
You agree not to access Services content through any technology or any unauthorized means other than user interaction expressly invited on the Services themselves.
0
E.
You agree not use the Services to violate the legal rights (including the rights of publicity and privacy) of others or to violate the laws of any jurisdiction.
0
F.
You agree not to misrepresent an affiliation with any person or organization.
0
G.
You agree not to restrict or inhibit use of the Services by others or engage in any other conduct that restricts or inhibits an individual's use or enjoyment of the Services, or which, as determined by Sproutt, may harm Sproutt or users of the Sproutt Website or expose them to liability.
0
H.
You agree not to use or launch any automated system, including without limitation, "robots", "spiders", or "offline readers", that accesses the Services in a manner that sends more request messages to the servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line Web browser. Notwithstanding the foregoing, Sproutt grants the operators of public search engines permission to use spiders to copy materials from the Services 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. Sproutt reserves the right to revoke these exceptions either generally or in specific cases.
0
I.
You agree not to collect or harvest any personal information, including account names, from the Services, nor to use the communication systems provided by the Services (for example, comments or email) for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Services.
0
J.
In order to access some of our Services, you may be required to provide, or authorize access to, certain information about yourself (such as identification, contact details, etc.) as part of the registration process, or as part of your ability to use the Services. You agree that any information you provide will always be accurate, correct, and up to date.
0
K.
You agree that you are responsible for maintaining the confidentiality of any login information associated with any account you use to access our Services. Accordingly, you are responsible for all activities that occur under your account(s). You may not share your password or establish an account for any other person.
0
L.
You agree that you are responsible for whatever content you submit and you, not Sproutt, have full responsibility for such content, including its legality, reliability and appropriateness. By uploading or otherwise transmitting material to any area of the Services, you warrant that the material is your own or is in the public domain or otherwise free of proprietary or other restrictions and that you have the right to post it to the Services. You grant to Sproutt the right to use all content you upload or otherwise transmit to the Services in any manner Sproutt chooses, including, but not limited, to copying, displaying, performing or publishing it in any format whatsoever, modifying it, incorporating it into other material or making a derivative work based on it.
0
M.
You agree that you will not use the Services if you are under 18.
0
N.
You agree that we may provide you with any Communication (defined below) in electronic format, and that we may discontinue sending paper Communications to you (including, but not limited to, paper communications required to be sent via U.S. mail), unless and until you withdraw your consent or, at our option, upon notification by us to you. You further agree that we may authorize an agent to deliver certain Communications to you on our behalf and perform other services to help facilitate the delivery of Communications to you. "Communications" means online enrollment or application, declarations page, policy, certificate, terms and conditions, responses to claims, transaction history, privacy policy, periodic billing statements, amendments, services, notices and disclosures about changes in the terms of your contract.
0
O.
Sproutt reserves the right to discontinue any aspect of the Services at any time.

3.
Your Use of Content on the Services

0In addition to the general conditions above, the following restrictions and conditions apply specifically to your use of content on the Services.
0
A.
The content on the Website, including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like ("Content") and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to Sproutt, subject to copyright and other intellectual property rights under the law.
0
B.
Subject to your compliance with these Terms of Service, we grant you a revocable, conditional and limited license to access and use the Content for your own lawful personal and noncommercial use. This license is personal to you and is not transferrable to others, and may be revoked and terminated by us at any time and for any reason, including if you violate these Terms of Service or any applicable law.
0
C.
You agree not to engage in the use, copying, or distribution of any of the Content other than as expressly permitted herein, including any use, copying, or distribution content obtained through the Services for any commercial purposes. You further agree not create derivative works from any Content.
0
D.
Use of the Services or Content for any purpose not expressly permitted by these Terms of Service is strictly prohibited. Sproutt reserves all rights not expressly granted in and to the Content.

4.
Special Provisions Applicable to Software

0
A.
If you download or use any software provided by Sproutt, such as a stand-alone software product, an app, or a browser plugin, you agree that from time to time, the software may download and install upgrades, updates and additional features from us in order to improve, enhance, and further develop the software.
0
B.
You will not modify, create derivative works of, decompile, or otherwise attempt to extract source code from us, unless you are expressly permitted to do so under an open source license, or we give you express written permission.

5.
Compliance

0The owner of the Services is licensed as an insurance producer in the U.S. states listed here. Sproutt makes no representation that the products and services on the Services are appropriate or available for use outside of the states listed. If you access the Services from other locations, you hereby acknowledge and agree that you are viewing the products and services on the Services for general informational purposes only. You also agree that you are solely and entirely responsible for complying with all applicable local laws and regulations.

6.
Insurance Quotes and Coverages

0All pricing and quotes generated on the Services are based on information you provided on the Services, as well as, in some cases, information we obtain from third parties. Quotes or pricing do not constitute a contract or an invitation to contract, or a binder or agreement to extend, continue or renew insurance coverage for any party. The coverage descriptions provided on the Services are general descriptions of potentially available insurance coverage products and services and are not a statement of contract or an invitation to contract. In order to arrange for insurance coverage described on the Services, you must complete all of the steps on the Services through the final application through the Services or otherwise. Applications are subject to underwriting review and approval.
0If you buy a policy on or through the Services, you acknowledge and agree that you have reviewed the information included in your application and you confirm it is correct. By purchasing a policy on or through the Services, you agree that you are entering into a binding agreement with Aktibo, Inc. d/b/a Sproutt and the underwriter issuing the respective policy.

7.
The Quality of Life Index

0The Quality of Life Index (“QL Index”) is an informational tool designed by Sproutt to assess a person's lifestyle based on certain factors that recent studies have shown can be indicative of a healthy lifestyle: movement, nutrition, sleep, use of alcohol and narcotics, smoking or vaping, emotional health and work-life balance. Your QL Index score is determined by your answers to questions about these factors. The QL Index score identifies possible lifestyle enhancements you might wish to consider discussing with a licensed physician or other qualified professional.
0Your answers to the questions in the QL Index related to age, gender, body mass index (BMI), annual income, smoking/vaping history, may be used by an insurance carrier to underwrite an insurance application and/or to accelerate your insurance application without a medical examination. You can use the QL Index without applying for insurance.
0The QL Index should not be relied on as advice, opinion, diagnosis, treatment, cure or other suggestion or recommendation relating to your health. Please consult a licensed physician or health care professional with any questions.

8.
Amendments

0We reserve the right to change these Terms of Service from time to time. You acknowledge and agree that it is your responsibility to review these Terms of Service periodically to familiarize yourself with any modifications. If we make a material modification to these Terms of Service, we will provide you with reasonable notice of such changes (for example, by including a banner on our Services or sending you an email). Your continued use of the Services after being notified of such modifications will constitute acknowledgment and agreement of the modified terms and conditions. Obligations and rights provided for under the terms of insurance policies bound through use of the Services can only be modified under the terms of such insurance policies, as applicable.

9.
Termination

0You agree that we may, at our sole discretion, suspend or terminate your access to all or part of our Services with or without notice and for any reason, including, without limitation, breach of these Terms of Service. Any suspected illegal, fraudulent or abusive activity may be grounds for terminating your relationship and may be referred to appropriate law enforcement authorities. Upon suspension or termination of your account, your right to use the Services will immediately cease, and we reserve the right to remove or delete any information that you may have on file with us, including any account or login information.

10.
Disputes; Arbitration and Class Action Waiver

0
A.
You will resolve any claim, cause of action, or dispute ("Claim") you have with us arising out of or relating to these Terms of Service through binding arbitration rather than in court, except that you may assert your claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration laws apply to this agreement.
0
B.
There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can aware on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of these Terms of Services as a court would.
0
C.
To begin an arbitration proceeding, you must send a letter request arbitration and describing your Claim to the contact information set forth in Section 16 below. The arbitration will be conducted by the American Arbitration Association ("AAA") under its rules, including the AAA's Supplementary Procedures for Consumer-Related Disputes. The AAA's rules are available at www.adr.org. Payment of all filing, administration, and arbitrator fees will be governed by the AAA's rules. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in Hartford, Connecticut or at another mutually agreed location.
0
D.
We each agree that any dispute resolution proceeding will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a Claim proceeds in court rather than in arbitration, we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
0
E.
If anyone brings a Claim against us related to your actions or information on the Services, you will indemnify and hold us harmless from and against all damages, losses, and expenses of any kind (including reasonable legal fees and costs) related to such Claim. Although we provide rules for user conduct, we do not control or direct users' actions on the Services and are not responsible for the information users transmit or share on the Services.

11.
Disclaimer of Warranties

0WE TRY TO KEEP THE SERVICES UP, BUG-FREE, AND SAFE, BUT YOU USE IT AT YOUR OWN RISK. WE ARE PROVIDING THE SERVICES AS IS WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE THAT THE SERVICES WILL ALWAYS BE SAFE, SECURE OR ERROR-FREE OR THAT SPROUTT WILL ALWAYS FUNCTION WITHOUT DISRUPTIONS, DELAYS OR IMPERFECTIONS. SPROUTT IS NOT RESPONSIBLE FOR THE ACTIONS, INFORMATION, OR DATA OF THIRD PARTIES, AND YOU RELEASE US, OUR DIRECTORS, OFFICERS, EMPLOYEES, OWNERS, PARENT COMPANIES, SUBSIDIARIES, AFFILIATES AND AGENTS FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES. WE WILL NOT BE LIABLE TO YOU FOR ANY LOST PROFITS OR OTHER CONSEQUENTIAL, SPECIAL, INDIRECT, OR INCIDENTAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR AGGREGATE LIABILITY ARISING OUT OF THIS AGREEMENT SPROUTT WILL NOT EXCEED THE GREATER OF ONE HUNDRED DOLLARS ($100) OR THE AMOUNT YOU HAVE PAID US IN THE PAST TWELVE MONTHS. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, SPROUTT'S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

12.
Third-Party Websites

0Sproutt may contain links to third-party websites or services that are not owned or controlled by Sproutt, including our payment partners and insurance partners. Sproutt has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites or services. If you access a third-party website from our Services, you do so at your own risk, and you understand that these Terms of Service and Sproutt's Privacy Policy do not apply to your use of such other sites. You expressly relieve Sproutt from any and all liability arising from your use of any third-party website or services or third-party owned content. We encourage you to be aware of when you leave the Website, and to read the terms and conditions and privacy policy of any third-party website or service that you visit.

13.
Waiver and Release

0If you are a resident in a jurisdiction that requires a specific statement regarding waiver and release then the following applies. For example, California residents must, as a condition of these Terms of Service, waive the applicability of California Civil Code Section 1542, which states: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, AND THAT IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY." You hereby waive this section of the California Civil Code and any similar provision in law, regulation or code that has the same effect or intent as the foregoing release.

14.
Privacy

0Our Privacy Notice contains information about how use and disclose the personal information we collect about you when you use the Services. Our privacy notice is available at sproutt.com/privacy-notice.

15.
Other Terms and Conditions

0These Terms of Service, and any other written agreements entered into by Sproutt and you pursuant to activities engaged in as a result of use of the Services, make up the entire agreement between the parties regarding the Services and your use of the Services, and supersedes any prior agreements. If any portion of these Terms of Service is found to be unenforceable, the remaining portion will remain in full force and effect. If we fail to enforce any of these Terms of Service, it will not be considered a waiver. Any amendment to or waiver of these Terms of Service must be made in writing and signed by Sproutt. You will not transfer any of your rights or obligations under these Terms of Service to anyone else without our consent. All of our rights and obligations under these Terms of Service are freely assignable by us in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise. Nothing in these Terms of Service shall prevent us from complying with the law. These Terms of Service do not confer any third-party beneficiary rights. We reserve all rights not expressly granted to you. You will comply with all applicable laws when using or accessing the Services.

16.
AGREEMENT TO CONDUCT ELECTRONIC TRANSACTIONS

0We are required by law to provide certain disclosures to you before you enter into a transaction electronically via the Services. In addition, we need your consent to enter into such transactions before we can deliver, or authorize the delivery of, certain documents to you electronically. If you enter into a transaction with us via the Services, you acknowledge that you have read our Agreement to Conduct Electronic Transactions (available here) and agree to the terms and conditions set forth therein.

17.
Contact Sproutt

0If you have any questions or comments regarding these Terms of Service or Sproutt's Services, please contact us at:
0Aktibo, Inc. d/b/a Sproutt
0100 Pearl Street, 14th Floor
Hartford, CT 06103
help@sproutt.com
sproutt logo