Effective Date: January 16, 2026
Last Updated: January 16, 2026
Thank you for using this service, which is owned and operated by Atlanta Life Insurance Company and our affiliates (“Atlanta Life,” “we,” “us,” or “our”). These Terms of Use (“Terms”) govern your use of our websites, apps, and other online and offline services we provide, including https://atlantalife.com/, https://wealthandequity.org/, and other websites and apps provided by Atlanta Life (collectively referred to as the “Services”). These Terms apply to all users of the Services and govern your use of the Services as well as the products that are offered on or through the Services. These Terms incorporate Atlanta Life’s Privacy Policy, which explains how we handle your personal information, and includes legal terms and disclaimers.
PLEASE READ THE FOLLOWING TERMS CAREFULLY BEFORE YOU USE OR ACCESS THE SERVICES OR ANY OF THE PRODUCTS THAT ARE AVAILABLE ON OR THROUGH THE SERVICES AS SUCH TERMS AFFECT YOUR LEGAL RIGHTS.
THESE TERMS INCLUDE AN ARBITRATION AGREEMENT, WHICH WILL GOVERN ANY DISPUTE BETWEEN YOU AND US. UNLESS YOU OPT OUT AS DESCRIBED BELOW, THIS ARBITRATION AGREEMENT WILL:
By accessing or using the Services or any of the products available thereon, you are agreeing to comply with and be bound by these Terms. If you do not agree to these Terms, you may not access or use the Services or any of the products available thereon.
By agreeing to these Terms, you agree to the terms of our Privacy Policy. Before using the Services, please carefully review our Privacy Policy and any applicable Privacy Notices, as more particularly described in the Privacy Policy. All personal information provided to us as a result of your use of the Services will be handled in accordance with our Privacy Policy. To the extent there are inconsistencies between these Terms and our Privacy Policy, these Terms control.
When you sign up to use a special feature of the Services, you may be asked to agree to special terms governing your use of the special feature (“Additional Terms”). In such cases, you may be asked to expressly consent to the special terms, for example, by checking a box or clicking on a button marked “I agree.” If any of the terms of the Additional Terms are different than the terms of these Terms, the terms of the Additional Terms will supplement or amend these Terms, but only with respect to the matters governed by the Additional Terms.
Atlanta Life reserves the right to modify or add to these Terms at any time, effective as of the posting of the new terms or a later date as may be specified in the new terms. You agree that we may notify you of the new terms by making them available via the Services, and that your use of the Services after the effective date of the new terms (or engaging in such other conduct as we may reasonably specify) constitutes your agreement to the new terms. We therefore encourage you to review these Terms every time you use the Services. We may also provide notice to you of any update to these Terms in other ways in our discretion, such as through contact information you have provided, all in accordance with applicable laws and our Privacy Policy.
The Services are not targeted towards, or intended for use by, anyone under the age of eighteen (18). By installing, accessing or using the Services, you represent that you (a) are at least eighteen (18) years of age or the age of majority in your place of residence, and (b) are not located in a country that is subject to a U.S. government embargo, and/or have not been listed on any U.S. government list of prohibited or restricted parties. In addition, you agree to abide by all applicable local, state, provincial, national, and international laws and regulations with respect to your use of the Services and agree not to interfere with the use and enjoyment of the Services by other users and Atlanta Life’s operation or management of the Services.
Use of the Services is unauthorized in any jurisdiction where all or any portion of the Services may violate any legal requirements, and you agree not to access the Services in any such jurisdiction. You are responsible for compliance with applicable laws. Any use in contravention of this provision or any provision of these Terms is at your own risk.
The Services, including all its software and code comprising or used to operate the Services, and all of the text, photographs, images, illustrations, graphics, sound recordings, video and audio-video clips, literary property, works of authorship and/or other information, documents, materials or content available on or through the Services (“Content”) are protected under applicable intellectual property and other laws, including without limitation the laws of the United States and any other jurisdictions from which you are able to access or use the Services or in which the Services are available. All Content and intellectual property rights in and to the Content are the property of Atlanta Life or the material is included with the permission of the rights owner and is protected pursuant to applicable copyright and trademark laws. All rights not expressly granted are reserved.
Subject to these Terms, Atlanta Life grants to you a personal, non-exclusive, non-transferable, non-sublicensable, limited, and revocable license to use the Services for personal use only in accordance with these Terms. Any use of the Services in any other manner, including, without limitation, the resale, transfer, modification or distribution of the Services, Content and the User Generated Content is strictly prohibited. Unless explicitly stated herein, nothing in these Terms shall be construed as conferring in any manner, whether by implication, estoppel or otherwise, any right, title or interest in or to the Services, Content or User Generated Content or any intellectual property (including goodwill) therein or thereto.
You agree not to reverse engineer, decompile, reverse assemble, modify, or attempt to discover any source code that we use or create to generate the Services or any software or other products or processes accessible through the Services. You further agree that, in accessing and using our Content as permitted by these Terms, you will keep intact any copyright or other proprietary notices on the Services and/or Content. You also agree that you will neither (a) use any robot, spider, rover, scraper, or any other data-mining technology or automatic or manual process to monitor, cache, mask, extract data from, copy or distribute the Content (except as may be a result of standard search engine or Internet browser usage); nor (b) modify, provide access to, frame, reproduce, archive, sell, lease, rent, exchange, create derivative works from, publish by hard copy or electronic means, publicly perform, display, disseminate, distribute, broadcast, retransmit, circulate to any third party or on any third-party website, or otherwise use the Content in any way except as specifically permitted by these Terms or otherwise in writing by Atlanta Life. You agree not to allow or assist any third party in violating or attempting to violate any of the above restrictions or prohibitions, whether or not for your benefit.
The Atlanta Life name and logos, all product and service names, all graphics, all button icons, and all trademarks, service marks and logos appearing within the Services, unless otherwise noted, are trademarks (whether registered or not), service marks and/or trade dress of Atlanta Life (the “Atlanta Life Marks”). All other trademarks, product names, company names, logos, service marks and/or trade dress mentioned, displayed, cited or otherwise indicated within the Services are the property of their respective owners. You are not authorized to display or use the Atlanta Life Marks in any manner without our prior written permission. You are not authorized to display or use trademarks, product names, company names, logos, service marks and/or trade dress of other owners featured within the Services without the prior written permission of such owners. The use or misuse of the Atlanta Life Marks or other trademarks, product names, company names, logos, service marks and/or trade dress or any other materials contained herein, except as permitted herein, is expressly prohibited.
We are not responsible if information made available through the Services is not accurate, complete or current. The Content on the Services is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the Content or the Services is at your own risk.
The Services may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the Content of the Services at any time, but we have no obligation to update any information on the Services. You agree that it is your responsibility to monitor changes to the Services.
Atlanta Life may at times require that you register and/or set up an account to access or use the Services. The decision to provide the information necessary to create an account is purely optional, however, please be advised that if you elect not to provide the required information, you may not be able to access or use certain materials or features of the Services. When you provide information to us, you agree to provide only true, accurate, current, and complete information and to update it as necessary to maintain its truth and accuracy.
With respect to any registration or account-creation feature you use, you agree to: (a) create only one account; (b) provide accurate, truthful, current, and complete information when creating your account; (c) maintain and promptly update your account information; (d) help maintain the security of your account by not sharing your user name or password with others and by restricting access to your account and the device(s) from which you access your account; and (e) promptly notify Atlanta Life if you discover or otherwise suspect any security breaches relating to the Services. Your username and password are for your personal use only. If you use the Services, you may not authorize others to use your registration information or account, and you are responsible for your use and disclosure of the same.
YOU ARE ENTIRELY RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF YOUR USERNAME AND PASSWORD AND FOR ANY AND ALL ACTIVITIES (INCLUDING PURCHASES AND CHARGES, AS APPLICABLE) THAT ARE CONDUCTED THROUGH YOUR ACCOUNT.
WE HEREBY DISCLAIM ANY AND ALL RESPONSIBILITY OR LIABILITY FOR ANY UNAUTHORIZED USE OF YOUR ACCOUNT.
We may provide user comment areas, chat rooms, message boards, interactive user communities, or other areas on the Services (“Community Forums”) where users can interact with others and with us, as well as have the opportunity to submit text, photographs, images, illustrations, graphics, sounds, video, audio-video clips, content, works of authorship, documents, data, questions, comments, suggestions, or other content, any of which may include personal information (collectively, “User Generated Content”).
You are responsible for User Generated Content that you post. Under no circumstances will we be liable in any way for any User Generated Content.
This means that you, not Atlanta Life, are entirely responsible for all User Generated Content that you post and that you can be held personally liable for comments that are defamatory, obscene, or libelous, or that violate these Terms, an obligation of confidentiality, or the rights of others. If any part of the User Generated Content you post is not your original work, you acknowledge and agree that it is your sole and exclusive responsibility to obtain any necessary consents, permissions, and licenses to post, upload or otherwise make it available on or through the Services.
Because we do not control the User Generated Content posted on or through the Services, we cannot and do not warrant or guarantee the truthfulness, integrity, suitability, or quality of that User Generated Content. You also agree and understand that by accessing the Services, you may encounter User Generated Content that you may consider to be objectionable. We have no responsibility for any User Generated Content, including without limitation any errors or omissions therein. We are not liable for any loss or damage of any kind you may claim was incurred as a result of the use of any User Generated Content posted, emailed, transmitted or otherwise made available on or through the Services.
You own User Generated Content, but we may use it. You own the copyright in any original User Generated Content you submit. We do not claim any copyrights in User Generated Content. However, by using the Services you acknowledge and agree that you grant us and any of our subsidiaries, affiliates, licensees, successors and assigns, an unlimited, nonexclusive, paid-up, worldwide, perpetual, irrevocable, royalty-free, transferable, sublicenseable right and license to use, reproduce, copy, modify, adapt distribute, publicly display and perform, publish, transmit, remove, retain, repurpose, commercialize and otherwise exploit for any purpose the User Generated Content you post, in whole or in part, in any and all media or form of communication whether now existing or hereafter developed. In connection with any User Generated Content, you hereby waive any and all moral rights you now or may in the future have in and to such User Generated Content. For clarity and without limiting the foregoing, Atlanta Life has no obligation to (a) obtain any additional consent from you in connection with its use or other exploitation of any of your User Generated Content; (b) to notify you in connection with the use or exploitation of the User Generated Content; and/or (c) compensate you in any way in connection with the use or exploitation of the User Generated Content.
We may disclose and/or remove User Generated Content. Atlanta Life has the right (but does not assume the obligation) to:
You agree that our exercise of such discretion shall not render us the owners of User Generated Content you post, and that you will retain ownership thereof as described above.
\Restrictions on User Generated Content. \It is a condition of these Terms that you do not:
By posting User Generated Content, you represent and warrant that (i) you own or otherwise control all of the rights to the User Generated Content and have the right to grant the license set forth in these Terms; (ii) the User Generated Content is accurate, and (iii) you are at least eighteen years old and you have read and understood—and your User Generated Content fully complies with—these Terms and applicable laws and will not cause injury to any person or entity. Nothing in these Terms is intended, or shall be construed to, prevent you from posting reviews based on your opinions or experiences with our products or the Services.
You understand and acknowledge that: (A) Atlanta Life has wide access to content, information, ideas, suggestions, designs, and other materials that may be similar or identical to materials you submit to us; and (B) you will not be entitled to any compensation (nor will Atlanta Life be obligated to negotiate with you) as a result of our use of any similar or identical material.
Atlanta Life is not obligated to post, keep, or use your User Generated Content.
Removal of Content
In general. On certain pages of the Services, we may provide to you a tool to report objectionable User Generated Content. If that tool is not available, you can report objectionable User Generated Content and other objectionable Content by contacting us. While we do not have any obligation to remove Content from the Services merely because of a removal request, we will review all such requests and will remove Content that we determine should be removed, in our sole discretion and in accordance with these Terms and applicable law. Please be aware, however, that if the Content has already been distributed to other websites or published in other media, we will not be able to recapture and delete it. Also, a back-up or residual copy of the Content we remove from the Services may remain on back-up servers.
Violation of copyrights. Atlanta Life does not knowingly violate or permit others to violate the copyrights of others. We will promptly remove or disable access to material that we know is infringing, or if we become aware of circumstances from which infringing activity is apparent.
If you are requesting removal of content because of a violation of your copyrights, please note that the Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe that your own work, or the work of a third party for whom you are authorized to act, is featured on the Services or has been otherwise copied and made available on the Services in a manner that constitutes copyright infringement, please notify us immediately. Your notice must be in writing and must include:
Your statement must be addressed as follows:
Atlanta Life Insurance Company
600 Peachtree St NE Suite 2350
Atlanta, GA 30308
Any notification by a copyright owner or a person authorized to act on its behalf that fails to comply with requirements of the DMCA shall not be considered sufficient notice and shall not be deemed to confer upon us actual knowledge of facts or circumstances from which infringing material or acts are evident.
Atlanta Life operates an SMS program that sends opted-in subscribers various company updates and marketing material. Message and data rates may apply. Message frequency varies. Reply HELP or email Contracting@atlantalife.com for more info. Reply STOP to unsubscribe. Carriers are not liable for delayed or undelivered messages. Our Privacy Policy can be viewed here.
Although we do not claim ownership of User Generated Content you post using the Services, any Content you post on or through the Services that is specifically about how we can improve the Services and the products and services we make available through the Services (“Feedback”) will be and will remain our exclusive property. Your submission of Feedback will constitute an assignment to us of—and you do hereby assign to us—all worldwide rights, title and interests in your Feedback, including all copyrights and other intellectual property rights in your Feedback. We will be entitled to reduce to practice, exploit, make, use, copy, disclose, display or perform publicly, distribute, improve and modify any Feedback you submit for any purpose whatsoever, without restriction and without compensating you in any way. For this reason, we ask that you not send us any Feedback that you do not wish to assign to us.
To the extent that the ownership of the Feedback does not by operation of law vest in Atlanta Life, you agree to irrevocably and unconditionally assign, transfer and convey to Atlanta Life, and do hereby assign, transfer, and covey, free and clear of any security interests, encumbrances, adverse claims or demands, your entire right, title and interest throughout the universe in and to the Feedback, including any and all rights that may exist, now or in the future, under the law of copyright, trademark, patent, industrial design, trade secret or other intellectual property laws of any jurisdiction. Whenever requested to do so, you agree to assist us and our designees to secure our rights in the Feedback and related intellectual property rights in all countries. Your obligation to provide such assistance and execute will continue in perpetuity. You agree to further absolutely, irrevocably, and unconditionally waive in favor of Atlanta Life any and all moral rights (or other similar rights) that you and your successors or assigns may enjoy, now or in the future, throughout the world, in relation to the Feedback.
The Services may provide links to other websites operated by third parties. You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. Because we have no control over third-party websites, we are not responsible for the availability of those websites and do not endorse and are not responsible or liable for any content, advertising, services, products, or other materials on or available from such websites. Atlanta Life shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any content, advertising, services, products, or other materials on or available from such websites. These Terms do not apply to your use of third-party websites; your use of such websites is subject to the terms and policies of the owner of such websites.
Further, functionality on the Services may also permit interactions between the Services and a third-party website or online feature, including without limitation, applications that connect the Services or your profile on the Services with a third-party website. For example, the Services may include a button enabling you to indicate, on your social networking page, that you “like” specific content on the Services, or a feature that lets you post to your social networking page a link to specific content from the Services or the ability to share content from the Services or your User Generated Content posted at the Services with a third party, which may be publicly posted on that third party’s website. Using this functionality typically requires you to login to your account on the third-party website and you do so at your own risk.
We reserve the right at any time and from time-to-time to modify, edit, delete, suspend or discontinue, temporarily or permanently, the Services (or any portion thereof) and/or the information, materials, products and/or services available through the Services (or any part thereof) with or without notice. You agree that we shall not be liable to you or to any third party for any such modification, editing, deletion, suspension or discontinuance of the Services.
WE MAKE NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THE SERVICES OR ITS CONTENT, OR ANY PRODUCT OR SERVICE AVAILABLE ON OR PROMOTED THROUGH THE SERVICES. THE SERVICES AND ALL OF ITS CONTENT (INCLUDING USER GENERATED CONTENT) ARE PROVIDED ON AN “AS IS,” “AS AVAILABLE” BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, ATLANTA LIFE, ANY OF ITS AFFILIATES AND SUBSIDIARIES, DIVISIONS, JOINT VENTURES, LICENSORS, AND THIRD-PARTY SERVICE OR CONTENT PROVIDERS AND EACH OF THEIR EMPLOYEES, OFFICERS, DIRECTORS, MEMBERS, MANAGERS, AND AGENTS, ITS AFFILIATES, (“ATLANTA LIFE AFFILIATES”) DISCLAIM ANY AND ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, ARISING BY STATUTE, CUSTOM, COURSE OF DEALING, COURSE OF PERFORMANCE OR IN ANY OTHER WAY, WITH RESPECT TO THE SERVICES, ITS CONTENT, AND ANY PRODUCTS OR SERVICES AVAILABLE OR PROMOTED THROUGH THE SERVICES. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, ATLANTA LIFE AND THE ATLANTA LIFE AFFILIATES DISCLAIM ALL REPRESENTATIONS AND WARRANTIES (A) OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE; (B) RELATING TO THE SECURITY OF THE SERVICES; (C) THAT THE CONTENT OF THE SERVICES IS ACCURATE, COMPLETE OR CURRENT; OR (D) THAT THE SERVICES WILL OPERATE SECURELY OR WITHOUT INTERRUPTION OR ERROR.
WE DO NOT REPRESENT OR WARRANT THAT THE SERVICES, ITS SERVERS, OR ANY TRANSMISSIONS SENT FROM US OR THROUGH THE SERVICES WILL BE FREE OF ANY HARMFUL COMPONENTS (INCLUDING VIRUSES).
ATLANTA LIFE AND THE ATLANTA LIFE AFFILIATES DO NOT ENDORSE AND ARE NOT RESPONSIBLE FOR STATEMENTS, ADVICE AND OPINIONS MADE BY ANYONE OTHER THAN AUTHORIZED ATLANTA LIFE SPOKESPERSONS. WE DO NOT ENDORSE AND ARE NOT RESPONSIBLE FOR ANY STATEMENTS, ADVICE OR OPINIONS CONTAINED IN USER GENERATED CONTENT AND SUCH STATEMENTS, ADVICE AND OPINIONS DO NOT IN ANY WAY REFLECT THE STATEMENTS, ADVICE AND OPINIONS OF ATLANTA LIFE. WE DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES AGAINST THE POSSIBILITY OF DELETION, MISDELIVERY OR FAILURE TO STORE COMMUNICATIONS, PERSONALIZED SETTINGS, OR OTHER DATA. YOU ACCEPT THAT OUR SHAREHOLDERS, OWNERS, OFFICERS, DIRECTORS, EMPLOYEES AND OTHER REPRESENTATIVES SHALL HAVE THE BENEFIT OF THIS CLAUSE.
APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OF CERTAIN WARRANTIES, SO ALL OR PART OF THIS DISCLAIMER OF WARRANTIES MAY NOT APPLY TO YOU.
YOU ASSUME ALL RESPONSIBILITY AND RISK FOR USE OF THE SERVICES, THE CONTENT, THE USER GENERATED CONTENT AND THE PRODUCTS THAT ARE AVAILABLE ON OR THROUGH THE SERVICES OR THAT ARE PROMOTED OR ADVERTISED ON OR THROUGH THE SERVICES.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS ATLANTA LIFE ON ITS OWN BEHALF AND ON BEHALF OF THE ATLANTA LIFE PARTIES, EXCLUDE AND DISCLAIM LIABILITY FOR ANY LOSSES AND EXPENSES OF WHATEVER NATURE AND HOWSOEVER ARISING INCLUDING, WITHOUT LIMITATION, ANY DIRECT, INDIRECT, GENERAL, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES; LOSS OF USE; LOSS OF DATA; LOSS CAUSED BY A VIRUS; LOSS OF INCOME OR PROFIT; LOSS OF OR DAMAGE TO PROPERTY; CLAIMS OF THIRD PARTIES; OR OTHER LOSSES OF ANY KIND OR CHARACTER, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE SERVICES, CONTENT, USER GENERATED CONTENT OR ANY OF THE PRODUCTS OR SERVICES THAT AVAILABLE ON OR THROUGH THE SERVICES OR THAT ARE PROMOTED OR ADVERTISED ON THE SERVICES. YOU ACKNOWLEDGE AND AGREE THAT YOU ASSUME FULL RESPONSIBILITY FOR ESTABLISHING SUCH PROCEDURES FOR DATA BACK UP AND VIRUS CHECKING AS YOU CONSIDER NECESSARY. THIS LIMITATION OF LIABILITY APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR ANY OTHER BASIS.
THIS DISCLAIMER OF LIABILITY APPLIES, WITHOUT LIMITATION, TO DAMAGES THAT RESULT FROM EVENTS BEYOND OUR REASONABLE CONTROL, SUCH AS DAMAGES CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF ANY RECORD. YOU SPECIFICALLY ACKNOWLEDGE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ATLANTA LIFE AND THE ATLANTA LIFE PARTIES ARE NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES, AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
IF ANY PART OF THIS LIMITATION ON LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF ATLANTA LIFE OR THE ATLANTA LIFE PARTIES SHALL NOT EXCEED TEN DOLLARS ($10.00).
The Services gives you specific legal rights and you may also have other rights which vary from country to country. Some jurisdictions do not allow certain kinds of limitations or exclusions of liability, so the limitations and exclusions set out in these Terms may not apply to you. Other jurisdictions allow limitations and exclusions subject to certain conditions. In such a case the limitations and exclusions set out in these Terms shall apply to the fullest extent permitted by the laws of such applicable jurisdictions. Your statutory rights as a consumer, if any, are not affected by these provisions, and we do not seek to exclude or limit liability for fraudulent misrepresentation.
You agree to indemnify, defend and hold Atlanta Life and the Atlanta Life Parties, and their respective officers, agents, partners and employees, harmless from any loss, damage, costs liability, claim, demand, proceeding, action or expense (including reasonable attorneys’ fees) brought, made or threatened by any third party against Atlanta Life and/or the Atlanta Life Parties due to, in connection with or arising out of (i) your use, misuse or access to the Services; (ii) your breach or violation of these Terms, including without limitation, any breach of your obligations, representations and warranties set forth above; (iii) your infringement or other violation of any third party right, including without limitation, intellectual property, property or privacy right; (iv) any claim that any of your User Generated Content or other materials caused damage to Atlanta Life, a Atlanta Life Party or any third party, including without limitation, if any material that you post using the Services causes us to be liable to another; (vi) any transaction you conduct on or through the Services or as a result of the contact facilitates by the Services; or (vii) any activity using your email address and password by you or any other person accessing the Services, the Content, the User Generated Content or any other information or materials using your account, email address, or other contact information . We reserve the right to assume the exclusive defense of any such claim, and you agree to provide us with such reasonable cooperation and information as we may request. You will not in any event settle any claim without the prior written consent of Atlanta Life.
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT. THERE IS NO JUDGE OR JURY IN ARBITRATION, AND DISCOVERY PROCEDURES AND APPELLATE RIGHTS ARE MORE LIMITED THAN IN COURT.
The laws of the State of Georgia will govern these Terms, without giving effect to any principles of conflicts of laws. To the extent the parties are permitted under these Terms to initiate litigation in a court, you agree that any action arising out of these Terms, or your use of Service, shall be brought in state or federal court in the State of Georgia and you consent to the jurisdiction of such courts.
a) Disputes that Must Be Arbitrated
This agreement applies to any “Dispute” between you and Atlanta Life. “Dispute” means any dispute, claim, or controversy (excluding those exceptions listed below) between you and Atlanta Life that arise out of your use of the Services, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, for which either of us seeks legal recourse, including the validity, enforceability, or scope of this agreement to arbitrate or any portion of it.
The exceptions to this arbitration requirement are: (i) claims that can be brought as individual actions in small-claims court; (ii) pursuit of enforcement actions through a government agency if the law allows; (iii) an action to compel or uphold any prior arbitration decision; (iv) your or Atlanta Life’s right to seek injunctive relief in a court of law to preserve the status quo while an arbitration proceeds; (v) claims of intellectual property infringement; (vi) claims that are the subject of a proposed class or collective action settlement in any court; (vii) the enforceability of the requirement that arbitrations must be conducted on an individual rather than a class basis; and (viii) certain roles expressly specified for courts in the terms below.
b) Informal Resolution
If you have a Dispute against Atlanta Life or if Atlanta Life has a dispute against you, Atlanta Life will attempt to resolve the Dispute informally before an arbitration is filed in order to resolve the Dispute faster and reduce costs for both parties. You and Atlanta Life will make a good-faith effort to negotiate the resolution of any Dispute for at least 30 days (“Informal Resolution”) from the day you or Atlanta Life receive a written notice of a dispute from the other party (a “Notice of Dispute”) in accordance with these Terms.
You must send any Notice of Dispute by email or via U.S. mail to one of the following addresses:
Atlanta Life Insurance Company
600 Peachtree St NE Suite 2350
Atlanta, GA 30308
Email: Paul.miller@atlantalife.comAtlanta Life will send any Notice of Dispute to your registered email address and ATTN: NOTICE OF DISPUTE to the email address and any address you have provided Atlanta Life. The Notice of Dispute sent by either party must include the sender’s name, address, and other contact information, a description of the Dispute (including any relevant account names), and what resolution to the Dispute is being sought.
The Notice requirement is designed to allow Atlanta Life (or you, in the case of a dispute Atlanta Life asserts against you) to make a fair, fact-based offer of settlement if Atlanta Life or you choose to do so. You and Atlanta Life cannot proceed to arbitration unless this information has been provided. If you or Atlanta Life proceed to arbitration without providing a compliant Notice of Dispute, the sufficiency of a Notice of Dispute is an issue to be decided by a court. A court may enjoin the filing of an arbitration demand that has not been preceded by a compliant Notice of Dispute and may order a party that has filed an arbitration demand without having provided a compliant Notice of Dispute to reimburse the other party for any arbitration fees and costs already incurred.
c) Small-Claims Court
You and Atlanta Life agree that notwithstanding the obligation to arbitrate Disputes, Disputes that qualify for small-claims court in either the county where you live or in Fulton County, Georgia may be brought as individual actions in such small-claims courts. Atlanta Life hopes you’ll try Informal Resolution first, and you must do so before commencing an arbitration, but you don’t have to complete the Informal Resolution process before going to small-claims court.
d) Binding Individual Arbitration
THE ARBITRATION PROCEEDINGS IN THIS SECTION WILL BE CONDUCTED ON AN INDIVIDUAL BASIS ONLY. Under no circumstances does Atlanta Life consent to have any Disputes arbitrated using class action procedures, even if the arbitration provider has rules permitting class arbitrations.
You and Atlanta Life agree that Disputes will be settled by binding individual arbitration conducted by National Arbitration and Medication (NAM) according to the U.S. Federal Arbitration Act (“FAA”) and federal arbitration law and according to the Consumer Arbitration Rules of the American Arbitration Association, as modified by these Terms. These Terms affect interstate commerce, and the enforceability of this Section will be substantively and procedurally governed by the FAA, 9 U.S.C. § 1, et seq., to the extent permitted by law.
“Arbitration” means that Disputes between you and Atlanta Life will be resolved by a neutral arbitrator instead of in a court by a judge or jury.
“Individual” means that the arbitrator may award the same remedies to you or to Atlanta Life as a court could, but only to satisfy your or Atlanta Life’s individual claims. To the fullest extent allowed by applicable law, the arbitrator may not award money or other relief for the benefit of any person other than you or us as part of the resolution of any Dispute.
“Binding” means that both you and Atlanta Life will have to live with the arbitrator’s decision, except to the limited extent appeals to a court are permitted under the FAA. As limited by the FAA, these Terms, and the rules applicable to the arbitration, the arbitrator will have exclusive authority to make all procedural and substantive decisions regarding any Dispute and to grant any remedy that would otherwise be available in court, including the power to determine the question of arbitrability. The arbitrator will have authority to award temporary, interim, or permanent injunctive relief or relief providing for specific performance of these Terms, but (as provided above) only to the extent necessary to provide relief to a party in arbitration warranted by the individual claim before the arbitrator. The award rendered by the arbitrator may be confirmed and enforced in any court having jurisdiction.
e) Arbitration Procedure and Location
You or Atlanta Life may initiate arbitration of any Disputes not resolved by Informal Resolution by filing a Demand for Arbitration with the NAM in accordance with the Consumer Arbitration Rules of the American Arbitration Association. Instructions for filing a Demand for Arbitration are available at https://www.adr.org/Rules or by calling the NAM at 1-800-778-7879, TTY 711. You will send a copy of any Demand for Arbitration by email or via U.S. mail to the following address:
Atlanta Life Insurance Company
600 Peachtree St NE Suite 2350
Atlanta, GA 30308
Email: Paul.miller@atlantalife.comAtlanta Life will send any Demand for Arbitration to the email address and to any address you have provided Atlanta Life.
The arbitration will be conducted by a single arbitrator. You and Atlanta Life both agree that the arbitration will be conducted in the English language and that the arbitrator will be bound by these Terms.
The arbitrator shall permit Atlanta Life and You to file a dispositive motion(s) to determine threshold issues, such as arbitrability and whether the Demand for Arbitration states a claim for which relief may be granted.
For Disputes in which the claimant seeks less than $10,000, the arbitrator will decide the matter solely on the basis of written submissions, without a formal hearing, unless the arbitrator decides that a formal hearing is necessary. For matters in which the claimant seeks $10,000 or more, or smaller matters in which the arbitrator determines a hearing to be necessary, hearings shall be conducted by video or telephone, unless the arbitrator determines an in-person hearing to be necessary. If an in-person hearing is required, and you reside in the United States, the hearing will take place in Fulton County, Georgia unless the arbitrator determines that this would pose a hardship for the claimant, in which case the in-person hearing may be conducted in the claimant’s state and county of residence. If you reside outside the United States, the site of any in-person hearing will be determined by the applicable Rules.
The arbitrator (not a judge or jury) will resolve the Dispute. Unless you and Atlanta Life agree otherwise, any decision or award will include a written statement stating the decision of each claim and the basis for the award, including the arbitrator’s essential factual and legal findings and conclusions.
To the fullest extent allowed by applicable law, the arbitrator may only award legal or equitable remedies that are Individual to you or Atlanta Life to satisfy one of our individual claims (that the arbitrator determines are supported by credible relevant evidence). An arbitration award, and any judgment confirming it, apply only to that specific case; it cannot be used or offered as precedent in any other case except to enforce the award itself.
Any decision or award may be enforced as a final judgment by any court of competent jurisdiction or, if applicable, application may be made to such court for judicial confirmation of any award and an order of enforcement.
f) Consumer Arbitration Fees
Payment of all filing, administration, and arbitrator costs and expenses imposed by the NAM will be governed by the Consumer Arbitration Rules, except if you are initiating an arbitration against Atlanta Life and the value of the relief sought is $10,000 or less, then Atlanta Life will advance all filing, administrative and arbitration costs and expenses imposed by the NAM (subject to reimbursement if the arbitrator finds the arbitration to be frivolous or asserted for an improper purpose).
Even if the Dispute involves a claim of damages of more than USD $10,000, Atlanta Life may still help you with your fees if you demonstrate that arbitration costs will be prohibitive compared to litigation costs, Atlanta Life will pay as much of your arbitration costs as the arbitrator finds is necessary to prevent arbitration from being cost-prohibitive (as compared to the cost of litigation).
Notwithstanding Atlanta Life’s agreement to pay all of the arbitration costs if the Dispute involves a claim of damages of USD $10,000 or less, Atlanta Life will not pay a claimant’s share of fees if (1) the claimant is represented by the same common or coordinated counsel as other claimants with similar claims unless the total aggregated claim of damages is USD $10,000 or less for all claimants; or (2) you comply in good-faith with the Informal Resolution provision of this section.
You and Atlanta Life agree not to seek any attorneys’ fees and expert witness costs unless the arbitrator finds that a claim or defense was frivolous or asserted for an improper purpose. Applicable law may allow the arbitrator to award attorneys’ fees and costs to the prevailing party.
You are responsible for all other additional costs that you may incur in the arbitration, including attorney's fees and expert witness costs, unless Atlanta Life is otherwise specifically required to pay such fees under applicable law. Arbitration costs do not include your attorneys’ fees and expenses if you choose to be represented by an attorney. If you choose to be represented by an attorney, you will pay your own attorneys’ fees and costs unless the applicable law provides otherwise. If Atlanta Life starts an arbitration against you, Atlanta Life will pay all filing fees.
g) Notice and Filing
To the fullest extent permitted by applicable law, you or Atlanta Life must start arbitration of a Dispute within one (1) year from when the Dispute first arose. If applicable law requires you or Atlanta Life to bring a claim for a Dispute sooner than two years after the Dispute first arose, that shorter deadline applies instead. The failure to begin arbitration regarding a Dispute within the time frames described above in this section shall bar the Dispute, which means that to the fullest extent permitted by applicable law, you and Atlanta Life will not have the right to assert the Dispute.
h) Coordinated Filings
If 25 or more Disputes are initiated with the NAM that raise similar claims, and counsel for the claimants are the same or coordinated, these will be considered “Coordinated Cases.” Atlanta Life will pay only its share of arbitration fees for Coordinated Cases; the claimants will be responsible for their share of those fees as set by the Rules and the NAM’s fee schedule for mass arbitrations. Applicable statutes of limitations will be tolled for all claimants who have provided compliant Notices of Dispute to Atlanta Life, but demands for arbitration in Coordinated Cases shall only be filed with the arbitration provider as permitted by the bellwether process set forth below, and Atlanta Life shall not be required to pay any fees associated with cases that this agreement does not allow to be filed.
Once all Notices of Dispute have been provided to Atlanta Life for Coordinated Cases, counsel for claimants and counsel for Atlanta Life shall confer in good faith regarding the number of cases that should proceed as bellwethers, to allow each side to test the merits of its arguments, before the remainder of claims may be filed with the arbitration provider. Any number chosen must be an even number so as to allow each side to designate its half of the cases selected for bellwether trials. If counsel for claimants and for Atlanta Life do not agree on the number of bellwethers, the number shall be chosen by the arbitration provider as an administrative matter (or, in the arbitration provider’s discretion, by a process arbitrator). Factors that the arbitration provider may consider in making this decision include the complexity of the dispute and differences in facts or applicable laws among various claims. Once the number of bellwethers is fixed, by agreement or by the arbitration provider, each side shall select half that number from among the claimants who have provided compliant Notices of Dispute, and only those chosen claims may be filed with the arbitration provider. You agree that if your case is among Coordinated Cases filed against Atlanta Life, resolution of your personal claim might be delayed by this bellwether process. Nothing in this paragraph shall be construed to delay the resolution of uncoordinated Disputes based on similar claims to Coordinated Cases filed against Atlanta Life.
A single arbitrator shall preside over each Coordinated Case chosen for a bellwether proceeding, and only one Coordinated Case may be assigned to each arbitrator as part of a bellwether process unless the parties agree otherwise.
Once all bellwether trials have concluded (or sooner if the counsel for the claimants in the Coordinate Cases and Atlanta Life agree), the parties must make a good-faith effort to resolve all remaining cases that were not chosen for a bellwether proceeding by engaging in a single mediation of all remaining cases. Each side shall pay half the applicable mediation fee. Counsel for claimants in the Coordinated Cases and for Atlanta Life must agree on a mediator within 30 days after the conclusion of the last bellwether trial. If counsel for claimants in the Coordinated Cases and for Atlanta Life cannot agree on a mediator within 30 days, the arbitration provider will appoint a mediator as an administrative matter. Counsel for the claimants in the Coordinated Cases and for Atlanta Life will cooperate for the purpose of ensuring that the mediation is scheduled as quickly as practicable after the mediator is appointed. If the mediation does not yield a global resolution, then claimants in Coordinated Cases who provided compliant Notices of Dispute but whose claims were not resolved in bellwether proceedings shall no longer have the right to arbitrate their Dispute. Instead, outstanding claims from such cases may be filed only in the state courts in Fulton County, Georgia if federal jurisdiction exists, in the United States District Court for the District of Georgia and you consent as part of these Terms to venue such cases exclusively in these courts. Nothing in this paragraph shall be construed as prohibiting either you or Atlanta Life from removing a case from state to federal court if removal is allowed under applicable law. To the extent you are asserting the same claims as other persons and are represented by common or coordinated counsel, you agree to waive any objection that the joinder of all such persons is impracticable. If a formerly arbitrable Dispute is brought in court, claimants may seek class treatment, but to the fullest extent allowed by applicable law, the classes sought may comprise only the claimants in the Coordinated Cases who provided compliant Notices of Dispute, and Atlanta Life reserves the right to contest class certification at any stage of the litigation and on any available basis.
A court shall have authority to enforce this bellwether process and may enjoin the filing of lawsuits or arbitration demands not made in compliance with it.
i) Continuation in Effect
The dispute resolution process set forth in this agreement survives the termination of any other agreement between you and Atlanta Life.
j) Future Terms Changes
Although Atlanta Life may revise these dispute resolution terms in its discretion, Atlanta Life does not have the right to alter this agreement, or the arbitration rules specified herein, with respect to any Dispute once that Dispute arises if such change would make arbitration procedures materially less favorable to the claimant. The question of whether a change is materially less favorable to the claimant shall be decided by the arbitration provider as a process matter.
k) Class Action Waiver
To the maximum extent permitted by applicable law, disputes, claims, and controversies not subject to the requirement to arbitrate (including, but not limited to, claims filed in small claims court and claims that are deemed not subject to the requirement to arbitrate) may not be aggregated together in a class action, except that (as set forth above in Coordinated Filings provision) if a formerly arbitrable Dispute is brought in court, claimants may seek class treatment, but to the fullest extent allowed by applicable law, the classes sought may comprise only the claimants in the Coordinated Cases who provided compliant Notices of Dispute, and Atlanta Life reserves the right to contest class certification at any stage of the litigation and on any available basis. Accordingly, to the maximum extent permitted by applicable law, you and Atlanta Life will only bring disputes, claims, or controversies between Atlanta Life in an individual capacity only and shall not:
l) Severability
If all or any provision of this agreement is found invalid, unenforceable, or illegal, then you and Atlanta Life agree that the provision will be severed, and the rest of these terms shall remain in effect and be construed as if any severed provision had not been included. The sole exception is that if the prohibition on class arbitrations is found invalid, unenforceable, or illegal, you and Atlanta Life agree that this entire agreement to arbitrate (but not the separate class action waiver) will be void and unenforceable and any dispute will be resolved in court subject to the venue and choice of law clauses specified herein.
m) Your 30-Day Right to Opt Out
You have the right to opt out of and not to be bound by the Binding Individual Arbitration provisions set forth in these Terms (except for the class action waiver, which is not subject to an opt-out). To exercise this right, you must send written notice of your decision by email or via U.S. mail to one of the following addresses:
Atlanta Life Insurance Company
600 Peachtree St NE Suite 2350
Atlanta, GA 30308
Email: Paul.miller@atlantalife.comYour notice must include your name, mailing address, and email address associated with your account with Atlanta Life, and state that you do not wish to be bound by the Binding Individual Arbitration provisions set forth in these Terms. TO BE EFFECTIVE, THIS NOTICE MUST BE EMAILED, POSTMARKED OR DEPOSITED WITHIN 30 DAYS OF THE DATE ON WHICH YOU FIRST ACCEPTED THESE TERMS UNLESS A LONGER PERIOD IS REQUIRED BY APPLICABLE LAW; OTHERWISE, YOU WILL BE BOUND TO ARBITRATE DISPUTES IN ACCORDANCE WITH THIS SECTION. You are responsible for ensuring that Atlanta Life receives your opt-out notice, so you may wish to send it by a means that provides for a delivery receipt. If you opt out of these provisions, Atlanta Life will not be bound by them with respect to disputes with you.
a) Assignment
These Terms are not assignable, transferable or sublicensable by you except with the prior written consent of a duly authorized Atlanta Life employee.
b) Waiver
Our failure at any time to require performance of any provision of these Terms or to exercise any right provided for herein will not be deemed a waiver of such provision or such right. All waivers must be in writing. Unless the written waiver contains an express statement to the contrary, no waiver by Atlanta Life of any breach of any provision of these Terms or of any right provided for herein will be construed as a waiver of any continuing or succeeding breach of such provision, a waiver of the provision itself, or a waiver of any right under these Terms.
c) Severability
If any provision of these Terms is held by a court of competent jurisdiction to be contrary to law, such provision will be changed and interpreted so as to best accomplish the objectives of the original provision to the fullest extent allowed by law and the remaining provisions of these Terms will remain in full force and effect.
d) Termination
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes. These Terms are effective unless and until terminated by either you or us. You may terminate these Terms at any time by notifying us that you no longer wish to use the Services, or when you cease using our Services. We reserve the right, in our sole discretion, to restrict, suspend, or terminate these Terms and your access to all or any part of the Services at any time without prior notice or liability if you breach any provision of these Terms or violate the rights of any third party on or through the Services. If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
Provisions of these Terms that are intended by their nature to survive termination shall survive, including, without limitation, provisions regarding intellectual property, limitations of liability, disclaimers, indemnification, mandatory arbitration, and governing law.
e) Entire Agreement
These Terms (together with our Privacy Policy and any Additional Terms applicable to you) contain the entire understanding and agreement between you and Atlanta Life with respect to the Services and supersede all previous communications, negotiations, and agreements, whether oral, written, or electronic, between you and Atlanta Life with respect to the Services and your use of the Services.
f) Contact Us
If you have any questions about these Terms or the Services, please send us an email at Contracting@atlantalife.com; write us at: Atlanta Life Insurance Company, 600 Peachtree St NE Suite 2350, Atlanta, GA 30308; or call us at 470.293.5842.