But this being a litigious society, we need to have this Terms and Conditions of Use Agreement (the “Agreement”) so that, if we make a mistake, we can still continue as a company. By using this site, you, the user, are agreeing to comply with and be bound by the terms of this Agreement.
You should read this whole Agreement. After reviewing the following terms and conditions thoroughly, if you do not agree to the terms and conditions, please do not use this site.
- Acceptance of Agreement. You agree to the terms and conditions outlined in this Agreement with respect to Site. This Agreement constitutes the entire and only agreement between us and you concerning the Site and its content and supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to the Site, and its content. This Agreement may be amended by us at any time and at any frequency without specific notice to you. The latest Agreement will be posted on the Site, and you should review this Agreement prior to using the Site.
- Copyright. The content, organization, graphics, design, and other matters related to the Site are protected under applicable copyrights and other proprietary laws, including but not limited to intellectual property laws. The copyright holder may be us, Insurgency Benefits, LLC or third-parties. The copying, reproduction, use, modification or publication by you of any such matters or any part of the Site is strictly prohibited, without the express prior written permission of the copyright owner.
- Deleting and Modification. We reserve the right, in our sole discretion, without any obligation and without any notice requirement to you, to edit or delete any documents, information or other content appearing on the Site, including this Agreement.
- Indemnification. You agree to indemnify, defend and hold us, our officers, our shareholders, our partners, attorneys and employees harmless from any and all liability, loss, damages, claim and expense, including reasonable attorney’s fees, related to your violation of this Agreement or use of the Site.
- Disclaimer. THE CONTENT AND SERVICES, FROM OR LISTED THROUGH THE SITE ARE PROVIDED “AS-IS,” “AS AVAILABLE,” AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED, INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, QUALITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THIS SITE AND ANY WEBSITE WITH WHICH IT IS LINKED. THE INFORMATION AND SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. WE HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF ANY INFORMATION OR SERVICE. IN PARTICULAR, BUT NOT AS A LIMITATION, WE ARE NOT LIABLE FOR ANY INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LOSS OF MONEY, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN US AND YOU THE USER. THIS SITE AND THE INFORMATION WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH THE SITE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT. THE INFORMATION AND ALL OTHER MATERIALS ON THE SITE ARE PROVIDED FOR GENERAL INFORMATION PURPOSES ONLY AND DO NOT CONSTITUTE PROFESSIONAL ADVICE. IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY AND COMPLETENESS OF ALL INFORMATION AVAILABLE ON THIS SITE OR ANY WEBSITE WITH WHICH IT IS LINKED.
- Limits. All responsibility or liability for any damages caused by viruses contained within the electronic file containing the form or document is disclaimed. We will not be liable to you for any incidental, special or consequential damages of any kind that may result from use of or inability to use the site.
- Non-Binding Descriptions: The Site summarizes information concerning the benefits, networks, underwriting and other elements of the Secure Plans. It is not a controlling document and does not supersede the most current versions of The Secure Plans Underwriting Guide, Summary of Benefits and Coverage, Summary Plan Description and stop-loss policies. All information on the Site is subject to change without notice.In other words, this Site is as accurate as possible. If it’s wrong we apologize, but it’s not binding.
- Privacy: Your privacy rights while using the Site are subject to the terms of the Privacy Statement in-force at the time of your use. Please read the most current Privacy Statement and, if you do not agree with its terms, do not use this Site.
- Third-Party Website. All rules, terms and conditions, other policies (including privacy policies) and operating procedures of third-party linked websites will apply to you while on such websites. We are not responsible for the content, accuracy or opinions expressed in such Websites, and such Websites are not investigated, monitored or checked for accuracy or completeness by us. Inclusion of any linked Website on our Site does not imply approval or endorsement of the linked Website by us. This Site and the third-party linked websites are independent entities and neither party has authority to make any representations or commitments on behalf of the other. If you decide to leave our Site and access these third-party linked sites, you do so at your own risk.
- Third-Party Products and Services. To the extent we advertise or link to third-party websites from our Site from which you may purchase or otherwise obtain certain goods, offering or services, you understand that we do not operate or control those goods, offerings or services. Third-party linked websites are responsible for all aspects of order processing, fulfillment, billing and customer service. We are not a party to the transactions entered into between you and third-party linked websites. You agree that use of such third-party linked websites is at your sole risk and is without warranties of any kind by us, expressed, implied or otherwise. Under no circumstances are we liable for any damages arising from the transactions between you and third-party linked websites or for any information appearing on third-party linked websites or any other site linked to or from our site.
- Submissions. All suggestions, ideas, notes, concepts and other information you may send to us (collectively, “Submissions”) shall be deemed and shall remain our sole property and shall not be subject to any obligation of confidence on our part. Without limiting the foregoing, we shall be deemed to own all known and hereafter existing rights of every kind and nature regarding the Submissions and shall be entitled to unrestricted use of the Submissions for any purpose, without compensation to the provider of the Submissions.
- General. You agree that all actions or proceedings arising directly or indirectly out of this agreement, or your use of the site by you through such use, shall be litigated in the circuit court of Los Angeles County, California. You are expressly submitting and consenting in advance to such jurisdiction in any action or proceeding in any of such courts, and are waiving any claim that Los Angeles, California is an inconvenient forum or an improper forum based on lack of venue. This site is controlled by Insurgency Benefits, LLC. You and we agree that the laws of California will govern the terms and conditions contained in this Agreement and elsewhere throughout the Site, without giving effect to any principles of conflicts of laws.
So that’s our terms and conditions of use. Basically it boils down to “use this site at your own risk.” While we try to be as accurate as possible, we’re human and make mistakes. We’re not promising to be right 100% of the time and you can’t sue us when and if we are wrong or make a mistake. Further, Site is not a controlling documents when it comes to The Secure Plans. The controlling documents are the policies and agreements in-force at the time you use this Site. These include the Underwriting Guide, the Summary of Benefits and Coverage, Summary Plan Description, the stop-loss policy and binding agreements used by third-parties in connection with The Secure Plans.
If after all this if you’re still interested in using this Site subject to the terms of this Agreement, welcome. If not, we understand and we won’t take it personally.