Terms and Conditions and Consent Agreement

Phoenix Comprehensive Insurance & Retirement Services

Doing Business As DBA NAME: None
Terms and Conditions and Consent Agreement
Last Updated: May 20, 2026

1. Important Legal Notice

PLEASE READ THIS TERMS AND CONDITIONS AND CONSENT AGREEMENT CAREFULLY BEFORE ACCESSING, USING, DOWNLOADING, PURCHASING, SUBMITTING INFORMATION THROUGH, OR OTHERWISE ENGAGING WITH ANY WEBSITE, LANDING PAGE, DIGITAL CONTENT, COMMUNICATION PLATFORM, CONSULTATION, SERVICE, LEAD MAGNET, OR MATERIAL PROVIDED BY Phoenix Comprehensive Insurance & Retirement Services (“Company,” “we,” “our,” or “us”).

BY ACCESSING OR USING ANY COMPANY WEBSITE, CONTENT, FORM, APPLICATION, COMMUNICATION CHANNEL, OR SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, ACCEPTED, AND AGREED TO BE LEGALLY BOUND BY THIS AGREEMENT.

IF YOU DO NOT AGREE TO THESE TERMS, YOU MUST IMMEDIATELY DISCONTINUE USE OF ALL COMPANY MATERIALS, SERVICES, AND COMMUNICATION CHANNELS.

2. Parties and Definitions

For purposes of this Agreement:

2.1 “Company”

Refers to Phoenix Comprehensive Insurance & Retirement Services, including its owners, officers, employees, agents, representatives, contractors, affiliates, licensors, successors, assigns, and related entities.

2.2 “User”

Refers to any individual or entity accessing, browsing, downloading, submitting information to, communicating with, or otherwise using any Company website, service, content, or communication platform.

2.3 “Services”

Refers to all products, informational materials, consultations, lead magnets, educational resources, downloadable materials, insurance-related informational content, communications, forms, and related offerings made available by the Company.

2.4 “Content”

Refers to all written materials, PDFs, guides, ebooks, videos, graphics, systems, frameworks, presentations, downloads, templates, educational materials, training materials, branding, and proprietary information provided by the Company.

3. Scope of Services

The Company provides educational and informational materials relating to life insurance and related financial protection topics, including but not limited to:

Educational guides

Informational ebooks and PDFs

General insurance-related information

Consultations

Marketing and informational communications

Lead generation materials

Insurance product discussions and related services

The Company reserves the right to modify, suspend, discontinue, or restrict any Service, Content, or offering at any time without notice or liability.

4. Educational Purpose Only

All information, materials, communications, and Services provided by the Company are intended solely for general educational and informational purposes.

No Content provided by the Company shall be interpreted as individualized financial planning, legal advice, tax advice, investment advice, fiduciary advice, accounting advice, or any other regulated professional advisory service.

Any decisions made based upon Company Content are made solely at the User’s own risk and discretion.

5. No Professional Advice Disclaimer

The Company does not act as a law firm, accounting firm, investment advisory firm, tax advisory firm, fiduciary, securities broker-dealer, or financial planning firm unless explicitly stated in a separate written agreement signed by authorized representatives of the Company.

The Company does not provide:

Legal advice

Tax advice

Investment advice

Securities recommendations

Fiduciary services

Estate planning advice

Accounting services

Guaranteed insurance recommendations

Users are advised to consult qualified licensed professionals regarding their specific circumstances before making financial, insurance, legal, tax, business, or investment decisions.

No communication from the Company shall create any fiduciary relationship unless expressly established through a separate written agreement.

6. No Guarantees and No Income Claims

The Company makes no representations, warranties, guarantees, or assurances regarding:

Financial outcomes

Insurance eligibility

Insurance approvals

Policy performance

Future benefits

Cost savings

Business success

Income generation

Financial improvement

Asset protection outcomes

Tax treatment

Personal results of any kind

Past performance, examples, testimonials, case studies, illustrations, or hypothetical scenarios are not guarantees of future results.

Insurance product availability, pricing, underwriting decisions, benefits, and eligibility are determined by third-party insurance carriers and may vary based upon numerous factors outside the Company’s control.

Users acknowledge that all financial and insurance-related decisions involve inherent risk.

7. Payment Terms

To the extent any paid Services or products are offered:

7.1 Payment Obligation

Users agree to provide accurate and complete payment information and authorize the Company to charge all applicable fees.

7.2 Pricing

The Company reserves the right to modify pricing at any time without prior notice.

7.3 Chargebacks

Users agree not to initiate fraudulent chargebacks or payment disputes. The Company reserves the right to pursue all lawful remedies for improper chargebacks, including collection costs, attorney fees, and damages.

7.4 Late Payments

The Company reserves the right to suspend or terminate access to Services for nonpayment.

8. Refund Policy

Unless otherwise expressly stated in writing by the Company, all purchases, fees, consultations, digital products, educational materials, and services are nonrefundable.

Because digital materials may be immediately accessed or downloaded, Users acknowledge that no refunds, credits, exchanges, or cancellations shall be provided once access has been granted.

The Company reserves sole discretion regarding any exception to this policy.

9. Lead Magnet and Free Content Disclaimer

The Company may provide free informational resources including, but not limited to:

Ebooks

Guides

Checklists

PDFs

Educational downloads

Consultations

Web-based informational materials

Such materials are offered solely for informational and marketing purposes and do not create any professional-client relationship, fiduciary relationship, or guarantee of service availability.

Free Content may contain generalized information that does not apply to every User’s situation.

Users assume full responsibility for any actions taken based upon free Content.

10. Assumption of Risk

Users knowingly and voluntarily assume all risks associated with the use of Company Services and Content.

Such risks include, but are not limited to:

Financial loss

Insurance-related decisions

Reliance upon educational information

Third-party product decisions

Policy selection outcomes

Business or personal financial consequences

Technology failures

Data transmission risks

Users acknowledge that the Company cannot and does not guarantee any specific outcome.

11. Communications Consent

11.1 Consent to Communications

By submitting any form, contact request, application, inquiry, registration, opt-in form, download request, or other information to the Company, Users expressly consent to receive communications from the Company and its representatives.

Such communications may include:

Telephone calls

Text messages

Emails

Artificial or prerecorded voice messages

Automated telephone dialing system communications

Promotional communications

Appointment reminders

Marketing materials

Insurance-related communications

Follow-up communications

11.2 TCPA Consent

Users expressly consent to receive autodialed, prerecorded, and marketing communications at the telephone numbers and email addresses provided, even if such numbers are listed on any state or federal Do Not Call registry.

Consent is not a condition of purchase.

11.3 Carrier Charges

Message and data rates may apply. Users are solely responsible for charges imposed by wireless carriers.

12. Opt-Out Instructions

Users may opt out of marketing communications at any time by:

Replying “STOP” to text messages

Using unsubscribe links in emails

Contacting the Company directly

Opting out of marketing communications does not prevent the Company from sending transactional, administrative, legal, or service-related communications.

13. Intellectual Property Rights

All Company Content is protected under applicable intellectual property laws, including copyright, trademark, trade secret, and unfair competition laws.

The Company retains exclusive ownership of all:

Educational materials

Frameworks

Systems

Processes

Branding

Logos

Downloads

Guides

Templates

Written materials

Marketing materials

Designs

Concepts

Training content

No license or ownership rights are transferred to Users except for a limited, revocable, nontransferable personal-use license.

14. Acceptable Use of Materials

Users agree not to:

Copy or reproduce Company Content

Sell or redistribute materials

Modify proprietary materials

Create derivative works

Share login or access credentials

Misrepresent Company materials as their own

Use Content for unlawful purposes

Reverse engineer proprietary systems

Use Content to compete with the Company

Unauthorized use may result in legal action, injunctive relief, monetary damages, and termination of access.

15. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE COMPANY SHALL NOT BE LIABLE FOR ANY:

INDIRECT DAMAGES

INCIDENTAL DAMAGES

CONSEQUENTIAL DAMAGES

SPECIAL DAMAGES

PUNITIVE DAMAGES

LOSS OF PROFITS

LOSS OF DATA

BUSINESS INTERRUPTION

PERSONAL OR BUSINESS LOSSES

INSURANCE DECISIONS

FINANCIAL LOSSES

LOST OPPORTUNITIES

WHETHER ARISING IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, STATUTE, OR OTHERWISE.

THE COMPANY’S TOTAL AGGREGATE LIABILITY FOR ANY CLAIM SHALL NOT EXCEED THE AMOUNT PAID BY THE USER TO THE COMPANY, IF ANY, DURING THE TWELVE (12) MONTHS PRECEDING THE CLAIM.

16. Indemnification Clause

Users agree to indemnify, defend, and hold harmless the Company from and against any and all claims, liabilities, damages, losses, demands, actions, judgments, settlements, penalties, costs, and expenses, including reasonable attorney fees, arising from or related to:

User conduct

Violation of this Agreement

Misuse of Company Content

Reliance upon Company information

Violation of laws or regulations

Third-party claims related to User conduct

17. Disclaimer of Warranties

All Services and Content are provided on an “AS IS” and “AS AVAILABLE” basis without warranties of any kind, express or implied.

The Company disclaims all warranties including, but not limited to:

Merchantability

Fitness for a particular purpose

Accuracy

Reliability

Availability

Noninfringement

Performance

Completeness

The Company does not warrant that Services will be uninterrupted, error-free, secure, or free from harmful components.

18. Third Party Links Disclaimer

The Company may reference or link to third-party websites, services, insurance carriers, or external resources.

The Company does not control and is not responsible for:

Third-party content

Third-party privacy practices

Third-party products or services

Accuracy of external information

Third-party business conduct

Users access third-party resources entirely at their own risk.

19. Arbitration Agreement

Any dispute, controversy, or claim arising out of or relating to this Agreement, the Services, or the relationship between the parties shall be resolved exclusively through binding arbitration.

Arbitration shall take place in Indianapolis, Indiana.

The arbitration shall be administered pursuant to the applicable rules of the American Arbitration Association or another arbitration provider selected by the Company.

Users waive the right to litigate disputes in court except where prohibited by law.

20. Waiver of Jury Trial

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE PARTIES KNOWINGLY AND VOLUNTARILY WAIVE ANY RIGHT TO A JURY TRIAL FOR ANY CLAIM ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THE SERVICES PROVIDED BY THE COMPANY.

21. Class Action Waiver

Users agree that any dispute shall be brought solely in an individual capacity and not as part of any class action, consolidated action, representative action, or collective proceeding.

Users expressly waive any right to participate in class action litigation or class-wide arbitration.

22. Governing Law

This Agreement shall be governed by and construed in accordance with the laws of the State of Indiana, without regard to conflict of law principles.

23. Modification of Terms

The Company reserves the right to modify, amend, or update this Agreement at any time without prior notice.

Updated versions shall become effective immediately upon posting.

Continued use of Company Services following modifications constitutes acceptance of the revised terms.

24. Severability

If any provision of this Agreement is determined to be unlawful, unenforceable, or invalid, the remaining provisions shall remain in full force and effect.

25. Entire Agreement

This Agreement constitutes the entire agreement between the parties concerning the subject matter herein and supersedes all prior discussions, communications, representations, or agreements, whether oral or written.

No waiver of any provision shall be effective unless in writing and signed by the Company.

26. Contact Information

Phoenix Comprehensive Insurance & Retirement Services
Email: [email protected]
Phone: 317-437-8712

By using the Company’s Services, websites, forms, downloads, communications, or materials, Users acknowledge that they have read, understood, and agreed to be legally bound by this Terms and Conditions and Consent Agreement.