The following Terms of Use (“TOU”) describe the terms and conditions applicable to your registration, access and use of the MyPlanAdvocate. By using these Websites, you are accepting and agreeing to the TOU. If you do not agree to the TOU, do not use these Websites. We reserve the right to change the TOU at any time without notice; modifications will be included in the TOU. It is your responsibility to check the TOU from time to time for modifications. Continued use of these Websites after any modifications of the TOU will constitute acceptance of such modifications. These Websites are owned and operated by MyPlanAdvocate Insurance Solutions, Inc. (also operating as MyPlanAdvocate Insurance Services, “Company”), a Delaware corporation. The Company is located at 460 West 50 North, Suite 500 Salt Lake City, UT 84101 and is licensed to do business as an insurance agency in the following states.
Ownership: These Websites, including without limitation, any information, software, photographs, images, video, audio, graphics, or text on these Websites (“Company Content”), and all patent, copyright, trademark, trade dress, domain name, trade secret, and other proprietary rights therein are the sole property of the Company and various third-party owners. You agree to abide by all applicable intellectual property laws and any additional restrictions set forth on these Websites in relation to the Company Content.
Limited License; Permitted Uses: You are granted a non-exclusive, non-transferable, revocable license: (a) to access and use these Websites strictly in accordance with this TOU; (b) to use these Websites solely for internal, personal, non-commercial purposes; and (c) to print out discrete portions of Company Content from these Websites solely for internal, personal, non-commercial purposes and provided that you maintain all copyright and other policies contained therein. No print out or electronic version of any part of these Websites or its contents may be used by you in any litigation or arbitration matter whatsoever under any circumstances.
Use of Websites: By using these Websites, you represent that you are at least 18 years old and are a resident of the United States. You may not be eligible for all of the insurance products or services described in these Websites. The Company reserves the right to determine all eligibility for such products or services. If you are under 18 or not a U.S. resident, do not use these Websites. The Company does not intend to market any products or services to children and does not knowingly collect personal information from children under the age of 13 through these Websites. You may not store, modify, reproduce, transmit or distribute content (including Company Content) from these Websites without the prior written consent of the Company. The Company may change or restrict your use of these Websites and/or make changes to the products and services described on these Websites at any time without notice. You also agree not to use these Websites for any unlawful purpose or in any manner that could damage, disable, overburden or impair any server, or the network(s) connected to any server of Company, its affiliates or service providers, or interfere with any other party’s use and enjoyment of these Websites. You may not attempt to gain unauthorized access to these Websites or any services, other accounts, computer systems or networks connected to any server or to any of the services, through hacking, password mining or any other means. Certain third party owners may impose additional terms and conditions set forth elsewhere herein. Your use of Company Content from those third party owners is also subject to those terms and conditions. Any and all caching, hypertext linking to these Websites or framing of any Company Content is prohibited without the Company’s prior written consent. The Company reserves the right to disable any unauthorized links or frames.
Information Contained on these Websites: The information contained on these Websites is not intended as professional, medical, or legal advice. The Company makes no warranties or representations related to the information contained on these Websites and disclaims all liability for errors or omissions in the information presented. The Company does not recommend or endorse any specific insurance company and does not provide advice on which insurer to select or which products to buy. The insurance quotations obtained by use of these Websites do not constitute an offer of insurance and are subject to the approval of the respective insurance providers. No contract for the provision of a policy of insurance is formed by the use of these Websites. YOU ARE ADVISED TO SEEK THE ADVICE OF PROFESSIONALS, AS APPROPRIATE, REGARDING THE EVALUATION OF ANY SPECIFIC, REPORT, QUOTE, OPINION, ADVICE OR OTHER MATERIAL ON THESE WEBSITES.
Disclaimer of Warranties: THESE WEBSITES, THE COMPANY CONTENT AND ANY PRODUCTS OR SERVICES AVAILABLE THROUGH THESE WEBSITES ARE PROVIDED TO YOU ON AN “AS IS” “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, SYSTEMS INTEGRATION, ACCURACY, AND NON-INFRINGEMENT. THE COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES THAT USE OF THE WEBSITE, WEBSITE CONTENT OR PRODUCTS OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. YOU ARE RESPONSIBLE FOR TAKING ALL NECESSARY PRECAUTIONS TO ENSURE THAT ANY WEBSITE CONTENT YOU MAY OBTAIN ARE FREE OF VIRUSES OR ANY OTHER HARMFUL COMPONENTS.
Limitation of Liability: YOUR USE OF THESE WEBSITES IS AT YOUR OWN RISK. IN NO EVENT SHALL THE COMPANY OR ANY THIRD PARTY PROVIDER OR ANY OF THEIR RESPECTIVE AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR LICENSORS BE LIABLE FOR ANY CLAIM ARISING OUT OF OR RELATING TO THESE WEBSITES, THE OFFERING OF PRODUCTS AND SERVICES HEREUNDER, COMPANY CONTENT, OR USER CONTENT, WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, ANY DECISION OR ACTION TAKEN IN RELIANCE UPON ANY COMPANY CONTENT, ANY DELAYS, ERRORS, OMISSIONS OR INTERRUPTIONS IN DELIVERY, NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, THEFT OR DESTRUCTION OF, OR UNAUTHORIZED ACCESS TO THESE WEBSITES OR THE WEBSITE CONTENT, OR FOR ANY TYPES OF DAMAGES OR LIABILITY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Exclusion of Consequential Damages; Further Limitation of Liability: IN NO EVENT SHALL THE COMPANY OR ANY THIRD PARTY PROVIDER OR ANY OF THEIR RESPECTIVE AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR LICENSORS BE LIABLE TO YOU OR TO ANYONE ELSE FOR ANY DIRECT, SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE, CONSEQUENTIAL DAMAGES OR ANY OTHER LOSS OR INJURY CAUSED IN WHOLE OR IN PART IN RELATION TO THESE WEBSITES, THE OFFERING OF PRODUCTS AND SERVICES HEREUNDER, THE COMPANY CONTENT OR THE USER CONTENT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS IN THE “DISCLAIMER OF WARRANTIES” AND “DISCLAIMER OF LIABILITY” SECTIONS MAY NOT APPLY TO YOU. IN THOSE CIRCUMSTANCES, AS WELL AS ANY OTHER WHERE LIABILITY OCCURS, YOU ACKNOWLEDGE THAT THE ENTIRE LIABILITY OF COMPANY UNDER THIS TOU, OR ANY MATTER RELATING TO THIS TOU, REGARDLESS OF THE FORM OF ANY CLAIM OR ACTION OR THEORY OF LIABILITY (INCLUDING CONTRACT, TORT, OR WARRANTY) SHALL NOT EXCEED ONE THOUSAND DOLLARS ($1,000) AND THAT AMOUNT SHALL BE IN LIEU OF ALL OTHER REMEDIES WHICH YOU MAY HAVE AGAINST US, OUR THIRD PARTY PROVIDERS, AND ANY AFFILIATED PARTY.
User Submissions: By submitting information, graphics, images, photographs or other materials (“User Content”) through these Websites, you grant to the Company an unrestricted, irrevocable, worldwide, royalty-free license to use, reproduce, display, modify, create derivative works from and transmit such User Content for any purpose, including without limitation, disclosing any such User Content as necessary to satisfy any law, regulation, or governmental request. All remarks, suggestions, ideas, or inventions communicated by you to us (collectively, a “Submission”) will forever be our property. We will not be required to treat any Submission as confidential and will not be liable for any ideas (including without limitation, product, service or advertising ideas) and will not incur any liability as a result of any similarities that may appear in our future products, services or operations. Without limitation, we will have exclusive ownership of all present and future existing rights to the Submission of every kind and nature everywhere. We will be entitled to use the Submission for any commercial or other purpose whatsoever, without compensation to you or any other person sending the Submission. You agree not to submit or transmit any User Content through these Websites that in Company’s opinion: (i) are defamatory, threatening, obscene or harassing; (ii) contain a virus, worm, Trojan horse or any other harmful component; (iii) incorporate copyrighted or other proprietary material of any third party without that party’s permission; (iv) violate Company’s rules or procedures; or (v) otherwise violate any applicable laws or regulations. You acknowledge that Company does not have a duty to pre-screen User Content but that Company expressly reserves the right to reject any submission of User Content on these Websites. The Company shall not be subject to any obligations of confidentiality regarding any User Content that you submit except as specified in Company’s Privacy Policy, or as otherwise specifically agreed to or required by law. You understand that all User Content you submit through these Websites is the sole responsibility of the person from whom such information or materials originated. Thus, you, not Company, are entirely responsible for such information and materials and liable for any infringement, violation of privacy, defamation, libel or other causes of action that arise from such User Content.
Indemnification: You agree to indemnify and hold harmless Company and its subsidiaries, affiliates, officers, agents, employees, partners and licensors from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of User Content or Submission you submit, transmit or otherwise make available to us, your use of any Company Content, your violation of any provision of this TOU, or your violation of any rights of another party.
Trademarks: The Company’s trademarks, service marks and/or logos are protected marks of the Company. Unauthorized use of trademarks, service marks or logos owned by the Company is strictly prohibited and may also be a violation of federal and state trademark laws.
Copyright: These Websites are protected by U.S. copyright laws of the Company, its affiliates, and certain third party providers. Except as expressly provided under “Use of Websites” section above, you may not use, reproduce, modify, transmit, distribute or publicly display any part of these Websites or Company Content without the prior written consent of the Company.
We respect the intellectual property of others, and we ask you to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide our Copyright Agent the following information:
a. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
b. A description of the copyrighted work that you claim has been infringed;
c. A description of where the material that you claim is infringing is located on the Site;
d. Your address, telephone number, and email address;
e. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
f. A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. Our Copyright Agent for Notice of claims of copyright infringement on these Websites can be reached by directing an e-mail to the Copyright Agent at compliance@myplanadvocate.com, or by letter sent postage prepaid to MyPlanAdvocate, 460 West 50 North, Suite 500 Salt Lake City, UT 84101, attention: MyPlanAdvocate Compliance Officer.
Governing Law: The TOU shall be governed in all respects by the laws of the State of Utah USA, without reference to its choice of law rules. By accessing these Websites you understand and agree that all transactions take place in Salt Lake City, Utah and agree that the Salt Lake County Superior Court has exclusive jurisdiction over any disputes with the Company arising from or related to your use of these Websites or any of the products or services offered hereunder or Company Content or User Content on these Websites. You irrevocably consent and submit to the exclusive personal jurisdiction of that court, and you irrevocably waive any jurisdictional, venue or inconvenient forum objections to such court.
Statute of Limitations: Except for claims arising from your misuse of these Websites or Company Content, you agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the TOU must be filed within one (1) year after such claim or cause of action arose or be forever barred.
Third Party Links: These Websites may contain links to third party websites. The Company makes no representations regarding the content or accuracy of any website that you may access through these Websites. The Company does not monitor and is not responsible for the content found on other websites that are linked from these Websites. The Company does not imply endorsement, recommendation or sponsorship for any linked website or the services, products or advice described on the site, and the Company shall have no liability for its content, including its accuracy, subject matter, quality or timeliness, or any personal information that you provide to such site. USE OF SUCH SITE IS AT YOUR OWN RISK. The views, opinions, statements, offers or other information or content expressed therein are those of the respective author(s) or distributor(s), not of the Company.
Third Party Services: We may allow access to or advertise certain third-party product or service providers (“Merchants”) from which you may purchase certain goods or services. You understand that we do not operate or control the products or services offered by Merchants. Merchants 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 Merchants. You agree that use of or purchase from such Merchants is AT YOUR SOLE RISK AND IS WITHOUT WARRANTIES OF ANY KIND BY US, EXPRESSED, IMPLIED OR OTHERWISE INCLUDING WARRANTIES OF TITLE, FITNESS FOR PURPOSE, MERCHANTABILITY OR NON-INFRINGEMENT. UNDER NO CIRCUMSTANCES ARE WE LIABLE FOR ANY DAMAGES ARISING FROM THE TRANSACTIONS BETWEEN YOU AND MERCHANTS OR FOR ANY INFORMATION APPEARING ON MERCHANT SITES OR ANY OTHER SITE LINKED TO OUR SITES.
Third Party Merchant Policies: All rules, policies (including privacy policies) and operating procedures of Merchants will apply to you while on any Merchant sites. We are not responsible for information provided by you to Merchants. We and the Merchants are independent contractors and neither party has authority to make any representations or commitments on behalf of the other.
Security: The Company does not make warranties or representations regarding the security of Company Content or User Content. Data sent over the Internet may be intercepted by third parties; if you are concerned about the security of your data, you should not send it over the Internet.
User ID and Password: You are required to have a user ID and password to access certain areas of these Websites. You are responsible for maintaining the confidentiality of your user ID and password and are responsible for all uses of them, regardless of whether the uses were authorized by you. The Company prohibits the transfer or sharing of user IDs and passwords. You agree to immediately notify the Company of any unauthorized use of your user ID or password or any other breach of security.
Linking to the Websites: You may not link to these Websites prior to obtaining written permission from the Company, which may be withheld in Company’s sole discretion.
Information and Press Releases: These Websites contain information and press releases about us. We disclaim any duty or obligation to update this information or any press releases. Information about companies other than ours contained in the press release or otherwise, should not be relied upon as being provided or endorsed by us.
Your Registration Obligations: By registering on these Websites, you represent that you are of legal age to form a binding contract and are not a person barred from receiving products or services under the laws of the State of Utah and of the United States or other applicable jurisdiction. You also agree to: (a) provide true, accurate, current and complete information about yourself in the registration form (“Registration Data”) and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or the Company has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, the Company has the right to suspend or terminate your account and refuse any and all current or future use of these Websites or any products or services offered hereunder.
Interstate Nature Of Communications On Websites: When you register with these Websites, you acknowledge that you will be causing communications to be sent through the Company’s computer networks. As a result, and also as a result of the Company’s network architecture and business practices and the nature of electronic communications, even communications that seem to be intrastate in nature can result in the transmission of interstate communications regardless of where you are physically located at the time of transmission. Accordingly, by agreeing to the TOU, you acknowledge that communication via these Websites results in interstate data transmissions.
Special Admonitions For International Use: Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
No Resale: You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, the Company Content, including any product or service obtained from us through these Websites.
General Practices Regarding Use And Storage: You agree that the Company has no responsibility or liability for the deletion or failure to store any messages and other communications or other User Content maintained or transmitted through these Websites. You acknowledge that the Company reserves the right to log off accounts that are inactive for an extended period of time. You further acknowledge that Company reserves the right to modify these general practices and limits from time to time.
Termination: You agree that Company may, in its discretion, and without prior notice, immediately terminate your Website account and your access to these Websites.
No Third Party Beneficiaries: You agree that, except as otherwise expressly provided in this TOU, there shall be no third-party beneficiaries to this TOU.
Waiver: The failure of the Company to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision.
Headings: The section and paragraph headings used in this TOU are inserted for convenience only and will not affect the meaning or interpretation of this TOU.
Violation of TOU: The Company reserves the right to seek all remedies available at law and in equity for violations of the rules and regulations set forth in this TOU and the Privacy Policy (which is incorporated by reference), including, but not limited to, the right to block access from a particular Internet address to these Websites.
Entire Agreement; Severability: This TOU, and the Privacy Policy, constitutes the entire agreement between you and the Company relating to the use of these Websites. Additional terms and conditions may apply when you use any services of Merchants or other third parties, or access any linked websites. Should any provision of our TOU be held invalid, unlawful or for any reason unenforceable, then the invalid, unlawful or unenforceable provision shall be severable from the remaining provisions. Such invalid, unlawful or unenforceable provision shall not affect the validity or enforceability of the remaining provisions.
Contacting The Company: If you have Website questions, comments, or concerns, please email info@myplanadvocate.com. Please include detail of your questions, comments or concerns and your complete name and contact information.