Last Modified: September 1, 2022
These terms of use are entered into by and between you and Enterprise Financial Group Inc. and its affiliates (“EFG,” “Company”, “we,” “us,” or “our”). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, these “Terms of Use”), govern your access to and use of https://simplicityprotection.com, https://www.efgcompanies.com/, and http://owneressentials.com/, including any content, functionality, products and services offered on or through these websites (collectively, the “Websites”), whether as a guest or a registered user.
Please read the Terms of Use carefully before you start to use the Website. By using the Website, you accept and agree to be bound and abide by these Terms of Use and our Privacy Notice, incorporated herein by reference and made part of these Terms of Use. If you do not want to agree to these Terms of Use or the Privacy Notice, you must not access or use the Websites.
By using the Websites, you represent and warrant that you are of legal age to form a binding contract with EFG and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use our Websites.
We reserve the right to withdraw or amend the Websites, and any service or material we provide on the Websites, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Websites is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Websites, or the entire Websites, to users, including registered users.
You are responsible for:
To access the Websites or some of the resources it offers, you may be asked to provide certain registration details or other information. For example, depending on your relationship with us, you may have the ability to create an account on or through the Websites by completing our registration process in which you will be asked to provide certain account details and other information.
It is a condition of your use of the Websites that all the information you provide on or through the Websites is correct, current and complete. You agree to: (i) provide true, accurate, current, and complete information when establishing your account, and all other or additional information you input or otherwise transmit on or through our Websites in connection with your use of the Websites (collectively, “Registration Information”); and (ii) maintain and promptly update the Registration Information to keep it true, accurate, current, and complete. If you provide any information that is untrue, inaccurate, not current, or incomplete, or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current, or incomplete, we may suspend or terminate your account.
Your account credentials are personal to you, and you are solely responsible for maintaining the confidentiality of your account credentials, and for all activities that occur under your account or using your account credentials. You agree to (i) protect the confidentiality of your account credentials; (ii) not share or disclose your account credentials to any other person; (iii) prohibit anyone else from using your account credentials; and (iv) immediately notify EFG of any actual or suspected unauthorized use of your account or other security concerns of which you become aware. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
We have the right to disable any user name, password or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.
You agree that all information you provide to register with the Websites or otherwise, including but not limited to through the use of any interactive features on the Websites, is governed by our Privacy Notice, and you consent to all actions we take with respect to your information consistent with our Privacy Notice.
The Websites and their entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by EFG, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.
These Terms of Use permit you to use the Websites for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our Websites, except as follows:
You must not:
If you print, copy, modify, download or otherwise use or provide any other person with access to any part of the Websites in breach of the Terms of Use, your right to use the Websites will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title or interest in or to the Websites or any content on the Websites is transferred to you, and all rights not expressly granted are reserved by EFG. Any use of the Websites not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark and other laws.
The EFG Companies name, the EFG logo, the terms and descriptions set out immediately below (the “Terms and Descriptions”), and all related names, logos, product and service names, designs and slogans are trademarks of EFG or its affiliates or licensors. You must not use such marks without the prior written permission of EFG. All other names, logos, product and service names, designs and slogans on the Websites are the trademarks of their respective owners.
Terms and Descriptions:
You may use the Websites only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Websites:
Additionally, you agree not to:
The information presented on or through the Websites is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Websites, or by anyone who may be informed of any of its contents.
The Websites may include content provided by third parties, including materials provided by other users and third-party licensors, bloggers, syndicators, aggregators and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by EFG, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of EFG. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
We may update the content on the Websites from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Websites may be out of date at any given time, and we are under no obligation to update such material.
Online Payments
You can purchase products and/or services on or through our Websites. You agree to pay all fees due for such products and/or services and pursuant to all payment terms presented to you when engaging in transactions. Prices are subject to change at any point in our sole discretion. You will see a prompt for your payment details, such as your credit or debit card information. By entering your payment information and submitting your request to receive products or services offered on or through our Websites, you authorize us, our affiliated entities, or our third-party payment processors to charge the amount due, including recurring fees associated with subscription-based products and services offered on or through our Websites (see Subscription Terms).
We accept credit and debit cards issued by U.S. banks. If a credit card account is being used for a transaction, we may obtain preapproval for an amount up to the amount of the payment. If you enroll to make recurring payments automatically, all charges and fees will be billed to the credit or debit card you designate during the setup process. If you want to designate a different credit or debit card or if there is a change in your credit or debit card, you must change your information online. This may temporarily delay your ability to make online payments while we verify your new payment information.
You represent and warrant that if you are making online payments that (i) any credit or debit card information you supply is true, correct and complete, (ii) charges incurred by you will be honored by your credit or debit card company or other financial institution, (iii) you will pay the charges incurred by you in the amounts posted, including any applicable taxes, and (iv) you are the person in whose name the card was issued and you are authorized to make a purchase or other transaction with the relevant credit or debit card and payment card information.
Subscription Terms
Certain products or services offered on or through our Websites may be offered on a tiered subscription basis for which we may charge a subscription fee. If you purchase a subscription to such products or services, your subscription will be for a monthly term.
At the end of your subscription period for a product or service, you will have an opportunity to renew or upgrade your subscription. Certain subscriptions may have the option of automatically renewing at the end of the applicable subscription period, unless you cancel your subscription before the end of the then-current subscription period. You may request to cancel your subscription by:
If you cancel your subscription, the product(s) and/or service(s) that you purchased will end (i) automatically at the end of your current billing period, (ii) in accordance with applicable state law requirements, or (iii) as otherwise indicated by us. In the event of such a cancellation, we will refund you in accordance with applicable state law requirements. This refund can include a pro-rated portion of any prepaid fees applicable to the then-current remaining term of your subscription and may be dependent on claims paid during the contrat in certain states).
We may change the price for your subscription, from time to time and will communicate any price changes to you in advance and, if applicable, how to accept those changes. Price changes will take effect at the start of the next subscription period following the date of the price change. If you do not agree with a price change, you have the right to reject the change by unsubscribing prior to the price change going into effect. If payment through your payment method is refused, rejected, or declined for any reason, we reserve the right cancel your subscription without notice. In the event that your subscription is canceled for any reason, you will need to re-subscribe in order to access our subscription-based products or services.
Order Acceptance
We reserve the right, at our sole discretion, to refuse or cancel any order for any reason. Some situations that may result in your order being canceled include inaccuracies or errors in product or pricing information or problems identified by our credit and fraud avoidance department. We may also require additional verification or information from you before accepting any order. We will contact you if all or any portion of your order is canceled or if additional information is required to accept your order. If your order is canceled after your credit card (or other payment account) has been charged, we will issue a credit to your credit card (or other applicable payment account) in the amount of the charge.
All information we collect on the Websites is subject to our Privacy Notice. By using the Websites, you consent to all actions taken by us with respect to your information in accordance with our Privacy Notice.
If the Websites contain links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party websites linked to the Websites, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
EFG DOES NOT WARRANT THAT ACCESS TO OR USE OF THE WEBSITES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS IN THE WEBSITES WILL BE CORRECTED, OR THAT THE WEBSITES OR ANY SERVICES OR PRODUCTS OBTAINED THROUGH THE WEBSITES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. THESE WEBSITES, INCLUDING ANY CONTENT OR INFORMATION CONTAINED WITHIN IT OR ANY PRODUCTS OR SERVICES RELATED TO OR OTHERWISE OFFERED THROUGH THE WEBSITES, IS PROVIDED “AS IS,” WITH ALL FAULTS, WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY OF INFORMATION, QUIET ENJOYMENT, AND TITLE/NON-INFRINGEMENT. COMPANY DOES NOT WARRANT THE ACCURACY, COMPLETENESS OR TIMELINESS OF THE INFORMATION OBTAINED ON OR THROUGH THE WEBSITES.
YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE WEBSITES, PRODUCTS AND SERVICES RELATED TO SUCH WEBSITES, AND LINKED WEBSITES. EFG DOES NOT WARRANT THAT FILES AVAILABLE FOR DOWNLOAD WILL BE FREE OF VIRUSES, WORMS, TROJAN HORSES OR OTHER DESTRUCTIVE PROGRAMMING. YOU ARE RESPONSIBLE FOR IMPLEMENTING PROCEDURES SUFFICIENT TO SATISFY YOUR NEEDS FOR DATA BACK UP AND SECURITY.
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL EFG, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITES, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITES OR SUCH OTHER WEBSITES, ANY PRODUCTS OR SERVICES PURCHASED THROUGH THE WEBSITES OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
You agree to defend, indemnify and hold harmless EFG, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising directly or indirectly out of or in connection with: (i) your use or misuse of the Websites; (ii) your breach of these Terms of Use or our Privacy Notice; (iii) your violation of law; or (iv) your infringement of third party intellectual property rights or privacy rights.
All matters relating to the Websites and these Terms of Use and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Texas without giving effect to any choice or conflict of law provision or rule (whether of the State of Texas or any other jurisdiction).
Any legal suit, action or proceeding arising out of, or related to, these Terms of Use or the Websites shall be instituted exclusively in the federal courts of the United States or the courts of the State of Texas in each case located in the City of Irving and County of Dallas. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
We will try to work in good faith to resolve any issue you have with the Websites, including products or services purchased through the Websites, if you bring that issue to the attention of our customer service department. However, we realize that there may be rare cases where we may not be able to resolve an issue to a customer’s satisfaction.
You and EFG agree that any dispute, claim, or controversy arising out of or relating in any way to these Terms of Use or your use of the Websites, including products or services ordered or purchased through the Websites, shall be determined by binding arbitration instead of in courts of general jurisdiction. Arbitration is more informal than bringing a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, and is subject to very limited review by courts. Arbitration allows for more limited discovery than in court, however, we agree to cooperate with each other to agree to reasonable discovery in light of the issues involved and amount of the claim. Arbitrators can award the same damages and relief that a court can award, but in so doing, the arbitrator shall apply substantive law regarding damages as if the matter had been brought in court, including without limitation, the law on punitive damages as applied by the United States Supreme Court. You agree that, by agreeing to these Terms of Use, the U.S. Federal Arbitration Act governs the interpretation and enforcement of this provision, and that you and EFG are each waiving the right to a trial by jury or to participate in a class action. This arbitration provision shall survive termination of these Terms of Use and any other contractual relationship between you and EFG.
If you desire to assert a claim against EFG, and you therefore elect to seek arbitration, you must first send to EFG, by certified mail, a written notice of your claim (“Notice“). The Notice to EFG should be addressed to: EFG Companies, Attn: LEGAL NOTICE, 122 West Carpenter Frwy., 6th Floor, Irving, TX 75039 (“Notice Address”). If EFG desires to assert a claim against you and therefore elects to seek arbitration, it will send, by certified mail, a written Notice to the most recent address we have on file or otherwise in our records for you. A Notice, whether sent by you or by EFG, must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought (“Demand“). If EFG and you do not reach an agreement to resolve the claim within 30 days after the Notice is received, you or EFG may commence an arbitration proceeding or file a claim in small claims court. During the arbitration, the amount of any settlement offer made by EFG or you shall not be disclosed to the arbitrator. You may download or copy a form Notice and a form to initiate arbitration from the American Arbitration Association at www.adr.org. If you are required to pay a filing fee, after EFG receives notice at the Notice Address that you have commenced arbitration, it will promptly reimburse you for your payment of the filing fee, unless your claim is for more than USD $10,000. The arbitration will be governed by the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (collectively, “AAA Rules“) of the American Arbitration Association (“AAA“), as modified by these Terms of Use, and will be administered by the AAA. The AAA Rules and Forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by requesting them from us by writing to us at the Notice Address. The arbitrator is bound by the terms of these Terms of Use. All issues are for the arbitrator to decide, including issues relating to the scope and enforceability of these Terms of Use, including this arbitration agreement. Unless EFG and you agree otherwise, any arbitration hearings will take place in the county (or parish) of your billing address. (If you reside outside of the United States, any arbitration hearings will take place in your country of residence at a location reasonably convenient to you, but will remain subject to the AAA Rules including the AAA rules regarding the selection of an arbitrator). If your claim is for USD $10,000 or less, we agree that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds USD $10,000, the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based. If the arbitrator issues you an award that is greater than the value of EFG’s last written settlement offer made before an arbitrator was selected (or if EFG did not make a settlement offer before an arbitrator was selected), then EFG will pay you the amount of the award or USD $1,000, whichever is greater. Except as expressly set forth herein, the payment of all filing, administration and arbitrator fees will be governed by the AAA Rules. Each party shall pay for its own costs and attorneys’ fees, if any. However, if any party prevails on a statutory claim that affords the prevailing party attorneys’ fees, or if there is a written agreement providing for payment or recovery attorneys’ fees, the arbitrator may award reasonable fees to the prevailing party, under the standards for fee shifting provided by law.
YOU AND EFG AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and EFG agree otherwise, the arbitrator may not consolidate more than one person’s claims with your claims, and may not otherwise preside over any form of a representative or class proceeding. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim.
If this Agreement to Arbitrate provision is found to be unenforceable, then: (i) the entirety of this arbitration provision shall be null and void, but the remaining provisions of these Terms of Use shall remain in full force and effect; and (ii) exclusive jurisdiction and venue for any claims will be in state or federal courts located in and for Dallas County, Texas. Both EFG and you agree to waive any and all rights to a jury trial in the event this agreement to arbitrate is found to be unenforceable.
No waiver by EFG of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of EFG to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.
If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.
These Terms of Use and our Privacy Notice constitute the sole and entire agreement between you and EFG with respect to the Websites and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Websites.
We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Websites thereafter. Your continued use of the Websites following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page periodically, so you are aware of any changes, as they are binding on you.
If you have any questions about these Terms of Use, please contact us at:
EFG Companies
122 West Carpenter Frwy.
Sixth Floor
Irving, TX 75039
1-800-527-1984
legaldepartment@efgusa.com
