Terms of Use

Last Modified: September 25, 2020

INTRODUCTION

Welcome to this Specialty Benefits Advisors Site, owned and operated by IHC Specialty Benefits, Inc. (“IHCSB”) We want you, the consumer, to be familiar with your rights and obligations relating to use of our Site and services, as well as our promises to you. Please, carefully review all the terms below.

Here are a few important points:

1. About these Terms of Use

IHC Specialty Benefits, Inc. (“IHCSB”, “we”, “us”, or “our”) is a licensed insurance agency, and operates several websites, including this Site (each a “Site” and collectively, the “Sites”). By using or accessing this Site, a mobile application of this Site, or any of the Site’s Elements (as defined below), personally and on behalf of the legal entity of which you are a representative, an agent or an employee when acting in such capacity, you agree to be bound by these Terms of Use (“Terms”) and you represent and warrant that you have the authority to bind such entity to the Terms. The Terms constitute a legally binding agreement between you and IHCSB as the owner or operator of the Site. You covenant, represent, and warrant that you have any and all authorizations as may be necessary to enter into this agreement and that your use of the Site does not violate any applicable law.
If you do not agree with these Terms, please do not access, visit nor make any use of the Site or of the services offered on the Site. Any such access, visit, or use is not authorized.

Modified or Additional Terms and Conditions of Use

These Terms are subject to change. You are therefore advised to read these Terms regularly. Your continued access and use of the Site after changes to these Terms are posted, constitutes your acceptance of the Terms as amended.
Because we provide a wide range of services, we may ask you to review and accept supplemental terms that apply to a specific product, service, or app. To the extent those supplemental terms conflict with these Terms, the supplemental terms associated with the product, service, or app govern with respect to your use of such product, service, or app to the extent of the conflict.

Notice Regarding Dispute Resolution: These Terms contain provisions that govern how disputes between you and IHCSB are resolved, including an agreement to arbitrate, which will, with limited exception, require you to submit claims you have against us to binding and final arbitration and limit you to claims against IHCSB on an individual basis.

2. Consent and Privacy

By clicking on any button indicating an acceptance or agreement to terms, a continuance of processing, a request for information, or by making any other submission (“submission”), you understand that you are agreeing to the stated terms and conditions of that submission and that you are submitting an inquiry, as to any products, services or resources offered by this Site, to IHC Specialty Benefits, Inc., to whom your inquiry is transmitted. By including your telephone number and/or email address in any submission, you are extending an express invitation and providing your express written consent to IHCSB (i) to contact you by telephone at the numbers you have provided (including through auto-dialed, pre-recorded, artificial voice and/or text messages), so it may assist you with your request of information, and you hereby consent to any such calls or texts, even if your phone number is on any corporate, state or national Do Not Call list or registry, or (ii) to contact you by email at any email address you provided. You will never be required to provide your consent to be contacted in order to purchase or receive goods or services. For SMS and MMS text messaging, message and data rates imposed by your mobile data provider may apply. You represent that all of the information you have provided in your submission is true and complete. Additionally, where applicable, you authorize us to verify the accuracy and authenticity of all information supplied by you, both internally and with the assistance of unaffiliated third parties or credit bureaus.

You are never required to give us any health-related information. When you use the Site to make a submission, you agree to allow the Site and IHCSB to add your telephone number and email address to our database of users. You may receive one or more marketing calls or emails from the Site and IHCSB. You may opt not to receive such marketing emails from us at any time. Please review our Privacy Policy for more information regarding our information collection practices and safeguards, and how to opt not to receive such emails. Your use of the Site signifies your acknowledgement of / and agreement with our Privacy Policy, which is expressly incorporated into these Terms.

Please note that we may make and retain records documenting your digital interactions with our Sites. We may engage the services of outside Service Providers to help us perform this compliance activity.

3. Our Services.

The website is built to offer information about IHC Specialty Benefits Advisors, our team, and our resources. Furthermore, the Site acts as a venue to help consumers connect with our independent licensed agents. Unless otherwise expressly provided, materials offered on the Website do not constitute an offer or solicitation to conduct business in any jurisdiction. IHC Specialty Benefits Advisors are independent licensed insurance agents contracted to sell through IHC Specialty Benefits, Inc. The information provided through the Site is intended for general informational purposes

4. Personal Use

We do not charge users to access the public portions of our Site. We may from time to time charge users fees for utilizing various other services that may now or in the future be provided by our Site. Accordingly, we grant each user a limited, revocable, non-exclusive license to access the Site in order to, as applicable, view or make legitimate inquiries to us regarding our services, all in accordance with these Terms. We further grant our third-party service providers a limited, revocable, non-exclusive license to access the password-protected portions of the Site (as applicable) in accordance with a written agreement between us and the service provider. Any other use of the Site or its services is expressly prohibited.

Importantly, these limited licenses do not include any right of collection, aggregation, copying, duplication, display or modification of the Site or tis services, nor any right of use of data mining, robots, spiders or similar data gathering and extraction tools without our prior written permission; provided, however, that a limited exception from the foregoing exclusion is provided to general purpose internet search engines and non-commercial public archives that use tools to gather information for the sole purpose of displaying hyperlinks to a Site, provided that they each do so from a stable IP address or range of IP addresses using an easily identifiable agent and comply with our robots.txt file.

5. Intellectual Property and Prohibited Activities

The Site is protected by copyright as a collective work and/or compilation, pursuant to U.S. copyright laws, international conventions, and other copyright laws. The text, files, images, photos, maps, and other materials, on the Site (collectively, the “Elements”) are only for each user’s personal use in accordance with the limited license grant contained herein or also pursuant to any separate written agreement. All Elements on the Site, and the Site itself, is protected by copyright and database rights, and you will abide by any and all additional copyright (or other proprietary) notices, information, or restrictions contained in or relating to any Elements on the Site. Copying or storing of any Elements other than for your personal, noncommercial use is expressly prohibited without the prior written permission from us or the applicable copyright holder. All trade and service marks and logos used on the Sites (including, without limitation, the Site’s domain name) are the exclusive property of IHC Specialty Benefits, Inc. or its licensors (as applicable), you may not copy or use them in any manner and all goodwill arising from the usage thereof shall inure to our (or our licensors’, as applicable) sole benefit.

6. Unauthorized Use

Unless otherwise provided within these Terms, or unless otherwise applicable law requires us to allow you to do so, you may not do any of the following without our prior written consent:

If we believe that you are engaging in any activity through or in connection with the Site or its services that appears to be in violation of the above, or in violation of any other provision of these Terms, or a violation of applicable law or regulations, we may, without limiting our other rights and remedies, immediately terminate any further use of the Site by you without notice.

7. Changes to the Site

We may change, remove, suspend, or discontinue any aspect of the Site at any time, including the availability of any Site features, Elements, or database without notice. We may also impose limits on certain features or services or restrict your access to parts or all of the Site without notice to you or liability to us.

8. Data Transmittal

Each user acknowledges and agrees that, regardless of such user’s physical location, we may store and process any data transmitted to the Site from such user at locations both within and outside of the United States. By using the Site, you consent to the transfer of your information to the United States and agree that any transactions you conduct through the Site will be deemed to have occurred in the United States.

9. Identity Verification

User verification on the Internet is difficult, and we cannot and do not confirm each user’s purported identity. We encourage you to use appropriate caution with anyone with whom you may be doing business via the Site or the Internet, generally. When you give someone your online ID and online password, you are authorizing that person to access and use your account, and you are responsible for any and all transactions that person performs while using your account, even those transactions that are fraudulent or that you did not intend or want performed. EACH USER ACKNOWLEDGES AND AGREES THAT: (i) NEITHER IHC Specialty Benefits, Inc., NOR ANY OF ITS AFFILIATES WILL HAVE ANY LIABILITY TO ANY USER FOR ANY UNAUTHORIZED TRANSACTION MADE USING ANY USER’S ONLINE ID AND PASSWORD THAT OCCURS BEFORE SUCH USER HAS NOTIFIED US OF POSSIBLE UNAUTHORIZED USE OF SUCH ONLINE ID AND PASSWORD AND WE HAVE HAD A REASONABLE OPPORTUNITY TO ACT ON THAT NOTICE; AND (ii) THE UNAUTHORIZED USE OF YOUR ONLINE ID AND PASSWORD COULD CAUSE YOU TO INCUR LIABILITY TO BOTH IHCSB AND OTHER USERS. Further, we may suspend or cancel your account or your access to the Site and/or the Service at any time with or without notice if we suspect that your account and/or password is being used in an unauthorized or fraudulent manner.

10. Disclaimer of Warranties and Limitation of Liability

While IHCSB makes reasonable efforts to provide accurate and timely materials contained in the Site, to check and update the materials and to assess the reliability and accuracy of its sources, IHCSB makes no warranties or representations as to the accuracy, adequacy, completeness, timeliness or fitness for any specific purpose of the materials included or referred to in the Site or the reliability and accuracy of its sources. There may or may not be technical inaccuracies or typographical errors contained in the Site, and IHCSB will correct such items at its sole discretion as they are discovered. IHC has no liability and assumes no responsibility or liability, on whatever basis, for any errors or omissions in the content on the Site.

Your use and access of the Site is at your own risk. IHCSB and any other party, or their respective directors, employees or agents, involved in creating, producing, or delivering the Site will NOT be liable, on whatever basis, for any direct, indirect, incidental, consequential, punitive or special loss or damages, arising out of your access to, visit of or use of the Site, even if IHCSB was advised of the possibility of such damages, and whether arising in tort (including negligence), contract or otherwise. There is no warranty that your access to or use of the Site will be uninterrupted or error free, or that any particular result may be obtained by use of the Site.

Without limiting the foregoing, you recognize that use and access of the Site is without warranty of any kind, and any materials on the Site are provided “as is.” TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, IHCSB EXPRESSLY EXCLUDES ALL REPRESENTATIONS, LIABILITIES, WARRANTIES, CONDITIONS AND OTHER TERMS, EXPRESS OR IMPLIED, OF ANY KIND (INCLUDING BUT NOT LIMITED TO ANY CONDITIONS OF SATISFACTORY QUALITY, FITNESS FOR PURPOSE AND THE USE OF REASONABLE SKILL AND CARE) WHICH MIGHT OTHERWISE BE IMPLIED INTO OR INCORPORATED IN THESE TERMS AND CONDITIONS, WHETHER BY STATUTE, LAW OR OTHERWISE.

IHCSB also assumes no responsibility, and shall not be liable for any loss or damages caused by any viruses that may infect your computer equipment or other property on account of your access to or use of the Site or your downloading of any materials, images, content, data, video or audio files, etc., from the Site or any websites linked to or from the Site.

Limitation on Time to File Claims

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS AND CONDITIONS OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

11. Release

In the event that you have a dispute with one or more other users of the Site (including, without limitation, any dispute regarding any transaction), you hereby agree to release, remise, and forever discharge the Sites and each member of the IHCSB, each of their respective agents, directors, officers, members, managers, employees, successors, and all other related persons or entities from any and all manner of rights, claims, complaints, suits, demands, causes of action, proceedings, liabilities, obligations, legal fees, costs, and disbursements of any nature whatsoever, whether known or unknown, which now or hereafter arise from, relate to, or are connected with such dispute and/or your use of the Sites or its services. If you are a California resident, you waive California civil code section 1542, which says: “a general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which, if known by him or her must have materially affected his or her settlement with the debtor” (or any equivalent statutory provision with a similar import or intent). If you are a resident of a state other than California, you explicitly waive the terms and protections of any statute of your own state that has a similar import or intent.

12. Indemnification by Consumer

You agree to indemnify, defend and hold the Site and each member of IHCSB (collectively, the “indemnified parties”) harmless from and against any and all liability and costs (including, without limitation, attorneys’ fees and costs) incurred by the indemnified parties in connection with any claim arising out of your use of the Sites (including, without limitation, any dispute regarding any transaction), any act (or failure to act) by you or other users of your account or any breach by you of these terms or the representations, warranties, and covenants made by you herein. You shall cooperate as fully as reasonably required in the defense of any claim. IHCSB reserves the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you shall not in any event settle any matter without our prior written consent.

13. Dispute Resolution

Arbitration

SHOULD A DISPUTE ARISE BETWEEN YOU AND IHCSB CONCERNING THE TERMS AND CONDITIONS OF THESE TERMS, THE BREACH OF SAME BY ANY PARTY HERETO, ANY DATA SUBMITTED BY YOU, THE SITE, ITS SERVICES OR ANY OTHER PRODUCTS OR SERVICES PROVIDED BY IHCSB, YOU AGREE TO SUBMIT THE DISPUTE FOR RESOLUTION BY ARBITRATION BEFORE THE AMERICAN ARBITRATION ASSOCIATION IN ACCORDANCE WITH ITS THEN CURRENT COMMERCIAL ARBITRATION RULES AND THE SUPPLEMENTARY PROCEDURES FOR CONSUMER RELATED DISPUTES (COLLECTIVELY, “AAA RULES”), AS MODIFIED BY THESE TERMS. SUCH ARBITRATION SHALL BE ADMINISTERED BY A SINGLE ARBITRATOR. The arbitrator is bound by these Terms and must issue a written decision sufficient to explain the essential findings and conclusions on which an award is based. All issues are for the arbitrator to decide, except that issues relating to the scope and enforceability of the arbitration provisions in this Section are for a court to decide. ANY AWARD RENDERED SHALL BE FINAL AND CONCLUSIVE TO THE PARTIES, AND A JUDGMENT THEREON MAY BE ENTERED IN ANY COURT OF COMPETENT JURISDICTION. THE ARBITRATION SHALL BE CONDUCTED IN NEW CASTLE COUNTY, DELAWARE. YOU MAY OPT OUT OF THIS ARBITRATION REQUIREMENT BY NOTIFYING IHCSB IN WRITING AT IHC SPECIALTY BENEFITS, INC., 5353 WAYZATA BLVD., SUITE 300, ST. LOUIS PARK, MN 55416, ATTN: LEGAL DEPT. THIRTY (30) DAYS AFTER SUBMITTING YOUR DATA THAT IS INVOLVED IN THE DISPUTE. NOTHING HEREIN SHALL BE CONSTRUED TO PRECLUDE ANY PARTY FROM SEEKING INJUNCTIVE RELIEF IN ANY COURT OF COMPETENT JURISDICTION IN ORDER TO PROTECT ITS INTELLECTUAL PROPERTY OR CONFIDENTIAL INFORMATION.

Class-Action Waiver

TO THE EXTENT PERMITTED BY LAW, YOU AGREE THAT YOU WILL NOT BRING, JOIN OR PARTICIPATE IN ANY CLASS ACTION LAWSUIT, CLASS-WIDE ARBITRATION, CLAIMS BROUGHT IN A REPRESENTATIVE CAPACITY OR CONSOLIDATED CLAIMS AS TO ANY CLAIM, DISPUTE, OR CONTROVERSY THAT YOU MAY HAVE AGAINST IHCSB OR ITS AND/OR THEIR RESPECTIVE EMPLOYEES, OFFICERS, DIRECTORS, MEMBERS, MANAGERS, SHAREHOLDERS, REPRESENTATIVES, AND ASSIGNS. YOU AGREE TO THE ENTRY OF INJUNCTIVE RELIEF TO STOP SUCH A LAWSUIT OR TO REMOVE YOU AS A PARTICIPANT IN THE SUIT. YOU AGREE TO PAY THE ATTORNEYS’ FEES AND COURT COSTS THAT IHCSB INCURS IN SEEKING SUCH RELIEF. THIS PROVISION PREVENTING YOU FROM BRINGING, JOINING, OR PARTICIPATING IN CLASS ACTION LAWSUITS AND OTHER CONSOLIDATED CLAIMS IS AN INDEPENDENT AGREEMENT AND DOES NOT CONSTITUTE A WAIVER OF ANY OF YOUR RIGHTS AND REMEDIES TO PURSUE A CLAIM INDIVIDUALLY AND NOT AS A CLASS ACTION IN BINDING ARBITRATION AS PROVIDED ABOVE. Further, unless both you and IHCSB agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this arbitration provision shall be null and void.

Forum for Certain Disputes that Are Not Arbitrated

Should a dispute arise between you and IHCSB and should the arbitration provisions herein become inapplicable or unenforceable, the parties agree that jurisdiction over and venue of any suit shall be exclusively in the state and federal courts sitting in the City of Wilmington and County of New Castle although we retain the right to bring any suit, action or proceeding against you for breach of these Terms and conditions in your country of residence or any other relevant country. You agree to waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

14. No Agency

The relationship between IHCSB and each user is that of independent contractors, and no agency, partnership, joint venture, employee-employer, or franchisor-franchisee relations is intended or created by these Terms or your use of the Site.

15. Notices

Except as explicitly stated otherwise, written notices, including all legal notices, to us must be given by certified postal mail, return receipt requested, to:

IHC Specialty Benefits, Inc.
Attn: Legal Dept.
5353 Wayzata Blvd., Suite 300
St. Louis Park, MN 55416

IHCSB may communicate electronically or by postal mail with you about these Terms. We may send you notice at any email address you may provide to the Site during a registration process or when submitting an inquiry. Notice shall be deemed given upon receipt or twenty-four (24) hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you notice by U.S. Postal Certified Mail or by national courier service, to any mailing address provided to us during a registration process or when submitting an inquiry (as applicable).

16. Copyright Infringement

As IHCSB asks others to respect its intellectual property rights, it respects the intellectual property rights of others, and requires its users to do so. If you are a copyright owner or an agent thereof and believe in good faith that any third-party content on the Sites infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our Copyright Agent with the following information in writing (see 17 U.S.C.A. 512(c)(3) for further detail): (i) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (ii) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on or available through our Sites are covered by a single notification, a representative list of such works at those locations; (iii) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit IHCSB to locate the material; (iv) information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an electronic mail address; (v) a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (vi) a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

You acknowledge that if you fail to comply with all of the requirements of this Section, your DMCA notice may not be valid. In the event that you believe IHCSB removed any of your content in response to a false notice of copyright infringement, you should notify IHCSB promptly in writing pursuant to the DMCA, at the mailing address provided above. Such notification should include: (i) your physical or electronic signature; (ii) identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled; (iii) a statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and (iv) your name, address, telephone number, and email address, a statement that you consent to the jurisdiction of the U.S. District Court for the District of Delaware, and a statement that you will accept service of process from the person who provided notification of the alleged infringement. Furthermore, you should include a clear statement of your acceptance of the process pertaining to the notifying party or the agent of the party as defined in DMCA § 512(c)(1)(C). If a counter-notice is received by the Copyright Agent, IHCSB may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in ten (10) business days. Unless the copyright owner files an action seeking a court order against the content provider or user, the removed content may be replaced, or access to it restored, in ten (10) to fourteen (14) business days or more after receipt of the counter-notice, at our sole and absolute discretion. IHCSB has a policy of terminating the account of, or denying access or use of the Site to, in its sole and absolute discretion, any user who repeatedly infringes the copyrights or other intellectual property rights of others.

IHCSB’ designated Copyright Agent to receive notifications of claimed infringement:
IHC Specialty Benefits, Inc. – Copyright Agent
5353 Wayzata Blvd., Suite 300
St. Louis Park, MN 55416
Attn: Legal Department

For clarity, only DMCA notices should go to the Copyright Agent; any other feedback, comments, requests for technical support, and other communications should be directed to IHC Specialty Benefits Advisors Customer Service on the web page “Contact Us”.

17. Linked Websites

This Site may contain links to websites published by third parties. Links to the Site may also be included on third-party websites. IHCSB has not reviewed all of the websites linked to or from the Site and is neither responsible nor liable for the contents of any off-Site pages or any other non-IHCSB websites linked to or from the Site. IHCSB provides or allows such links as a convenience and does not endorse the companies or contents of any linked sites. By creating a link to a third-party Site or by being a target of a link from a third-party Site, IHCSB does not endorse or recommend any products or services offered on such third-party Site nor does IHCSB identify with the content of such websites. Neither does IHCSB express any implied or explicit appreciation as to the accuracy and/or reliability of the information to be found, directly or indirectly, on any third-party Site or as to the reliability and/or accuracy of any third party. Your linking to or from any other off-Site pages or other websites is at your own risk.

If you are of the opinion that a linked Site does contain any unlawful or illegal content, please contact IHCSB at the address mentioned on the Web page “Contact Us.”

18. Miscellaneous

Governing Law and Jurisdiction

These Terms and Conditions of Use shall be governed by and construed in accordance with the laws of the United States of America and State of Delaware without regard to conflict of law principles.

Other Terms

We may immediately and in our sole discretion terminate any user’s access to or use of the Site due to such user’s breach of these Terms or our Privacy Policy, or other unauthorized use of the Site. Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of any such right or provision. If for any reason a court of competent jurisdiction or an arbitrator finds any provision of these Terms, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible, so as to effect the intent of these Terms, and the remaining provisions of these Terms shall continue in full force and effect. Except for Sections 11, 12, and 13 above, these Terms do not give rise to any third-party beneficiary rights. All provisions of these Terms shall survive any termination hereof, except for those provisions (like licenses) that are revocable or, by their context, are not intended to survive termination. You may not assign any of your rights or delegate any of your obligations under these Terms; IHCSB may assign or delegate these Terms in whole or in part.

Your Record of These Terms

We do not separately file the Terms entered into by each user of the Site. Please make a copy of these Terms for your records by printing and/or saving a downloaded copy of the Terms on your personal computer.

19. Feedback and Questions

We welcome your comments, feedback, suggestions, and other communications regarding the Site and the information and services we make available through the Site (collectively, “Feedback”). Please contact us with Feedback

Please note our separate address for legal correspondence, above.

If you provide Feedback, you hereby grant to IHCSB a worldwide, non-exclusive, transferrable, assignable, sub-licensable, perpetual, irrevocable, royalty-free license to copy, distribute, create derivative works of, publicly display and perform and otherwise exploit such Feedback and to use, make, have made, sell, offer for sale, import and export products and services based on such Feedback. For this reason, we ask that you not send IHCSB any Feedback that you do not wish to license to us as set forth above.

Our mailing address is:

sbadvisors.com
IHC Specialty Benefits, Inc.
5353 Wayzata Blvd., Suite 300
St. Louis Park, MN 55416