Welcome InsuranceMenu.com and/or affiliate website (“InsuranceMenu”). We are very excited to have you use our “Site” and “Service”. Usage of our site is contingent on agreement of these terms and conditions. Please read the following carefully before using our site.
BY USING THE SERVICE, YOU AGREE TO THESE TERMS AND CONDITIONS ON YOUR OWN BEHALF AND ON BEHALF OF THE “USER” OF THE INSURANCEMENU SITE AND SERVICE. YOU REPRESENT AND WARRANT THAT YOU HAVE FULL AUTHORITY TO BIND THE USER TO THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS AND DO NOT HAVE THE AUTHORITY AS PROVIDED HEREIN, DO NOT USE THE SERVICE, SITE, OR CREATE AN ACCOUNT.
The USER Terms and Conditions
1. License Grant & Restrictions.
InsuranceMenu hereby grants The USER a non-exclusive, non-transferable, right to use the Service. All rights not expressly granted to The USER are reserved by InsuranceMenu and its licensors. The USER shall not (i) license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Service or the Content in any way; (ii) modify or make derivative works based upon the Service or the Content; (iii) create Internet "links" to the Service or "frame" or "mirror" any Content; or (iv) reverse engineer or access the Service in order to (a) build a competitive product or service, (b) build a product or service using similar ideas, features, functions or graphics of the Service, or (c) copy any features, functions or graphics of the Service. User passwords cannot be shared or used by more than one individual User but may be reassigned from time to time to new Users who are replacing former Users who have terminated employment or otherwise changed job status or function and no longer use the Service.
The USER may not: (i) interfere with or disrupt the integrity or performance of the Service or the data contained therein; or (ii) attempt to gain unauthorized access to the Service or its related systems or networks.
The USER may not access the Service for purposes of monitoring its availability, performance or functionality, or for any other benchmarking or for competitive purposes.
2. Privacy & Security.
Disclosure InsuranceMenu's privacy and security policies may be viewed at https://insurancemenu.com/privacy-policy.html. InsuranceMenu reserves the right to modify its privacy and security policies at its discretion from time to time without notice.
3. The USER's Responsibilities
The USER is responsible for all activity occurring under The USER's accounts and shall abide by all applicable local, state, and national laws, treaties and regulations in connection with The USER's use of the Service, including those related to data privacy, communications, export or import of data and the transmission of technical, personal or other data. The USER shall: (i) notify InsuranceMenu immediately of any unauthorized use of any password or account or any other known or suspected breach of security; (ii) report to InsuranceMenu and immediately stop any copying or distribution of Content that is known or suspected by The USER or The USER's Users; and (iii) not impersonate another InsuranceMenu user or provide false identity information to gain access to or use the Service.
4. Account Information and Data
InsuranceMenu does not own any data, information or material that the USER submits or enters to the Service in the course of using the Service ("Customer Data"). The USER, not InsuranceMenu, shall have sole responsibility for the accuracy and intellectual property ownership or right to use of all Customer Data, and, to the extent permitted by applicable law, InsuranceMenu shall not be responsible or liable for the deletion, correction, destruction, damage, or loss of any Customer Data by InsuranceMenu, the The USER or otherwise.
5. Intellectual Property Ownership
InsuranceMenu alone shall own all right, title and interest, including all related Intellectual Property Rights, in and to the InsuranceMenu Technology, the Content and the Service and any suggestions, ideas, enhancement requests, feedback, integration components and application programming interfaces, recommendations or other information provided by The USER or any other party relating to the Service. In the event any such intellectual property rights in the InsuranceMenu Technology the Content or the Service do not fall within the specifically enumerated works that constitute works made for hire under applicable copyright laws or are deemed inventions owned by InsuranceMenu, The USER hereby irrevocably, expressly and automatically assigns all right, title and interest worldwide in and to such intellectual property rights to InsuranceMenu. These Terms and Conditions are not a sale and does not convey to The USER any rights of ownership in or related to the Service, the InsuranceMenu Technology or the Intellectual Property Rights owned by InsuranceMenu. The InsuranceMenu name, the InsuranceMenu logo, and the product names associated with the Service are trademarks of InsuranceMenu or third parties, and no right or license is granted to use them.
6. E-mail Notifications
The USER hereby consents to receiving e-mail notifications such as but not limited to reminders that payments are due or to be paid with respect to an invoice or charges for a benefit, plan, or service listed on the Site. Such e-mail notifications will include a link to the Service and will be related to the services available on the InsuranceMenu site.
7. Termination for Cause
Any breach of The USER's obligations under these Terms and Conditions or unauthorized use of the InsuranceMenu Technology or Service will be deemed a material breach of the Terms and Conditions. InsuranceMenu, in its sole discretion, may terminate The USER's password, account or use of the Service if The USER breach or otherwise fail to comply with these Terms and Conditions. In addition, InsuranceMenu may terminate a free account at any time in its sole discretion, including without limitation any violation of these Terms and Conditions. The USER agrees and acknowledges that InsuranceMenu has no obligation to retain the Customer Data, and may delete such Customer Data, if The USER has materially breached the Terms and Conditions, including but not limited to failure to pay outstanding fees, and such breach has not been cured within 30 days of notice of such breach.
8. Representations & Warranties
The USER represents and warrants that it has the legal power and authority to enter into the Terms and Conditions. The USER represents and warrants that The USER has not falsely identified itself nor provided any false information to gain access to the Service and that The USER's billing information is correct.
9. Fees are Non-Refundable
Any applicable InsuranceMenu fees paid by The USER are non-refundable once processed.
10. Disclaimer of Warranties
EXCEPT AS PROVIDED IN THIS AGREEMENT, INSURANCEMENU AND ITS LICENSORS MAKE NO REPRESENTATIONS, WARRANTIES, OR GUARANTIES . INSURANCEMENU AND ITS LICENSORS DO NOT REPRESENT OR WARRANT THAT (A) THE USE OF THE SERVICE WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM OR DATA, (B) THE SERVICE WILL MEET THE USER'S REQUIREMENTS OR EXPECTATIONS, (C) ANY STORED DATA WILL BE ACCURATE OR RELIABLE, OR (D) THAT THE SERVICE WIL RUN ERROR-FREE OR DEFECTS FREE OR THAT ANY SUHC ERRORS OR DEFECTS WILL BE CORRECTED. THE SERVICE AND ALL CONTENT IS PROVIDED TO THE USER STRICTLY ON AN "AS IS" BASIS. ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS, ARE HEREBY DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW BY INSURANCEMENU AND ITS LICENSORS. INSURANCEMENU'S SERVICE MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS. INSURANCEMENU IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM SUCH PROBLEMS.
11. Limitation of Liability and Indemnification
In no event shall InsuranceMenu, employees, Directors, its licensors, its suppliers, content collaborators, or any third parties mentioned on the Site be liable for any damages (including, without limitation, incidental and consequential damages, personal injury/wrongful death, lost profits, or damages resulting from lost data or business interruption) resulting from the use of or inability to use the Site or the Content, whether based on warranty, contract, tort, or any other legal theory, and whether or not InsuranceMenu, its licensors, its suppliers, or any third parties mentioned on the Site are advised of the possibility of such damages. InsuranceMenu, its licensors, its suppliers, or any third parties mentioned on the Site are not liable for any personal injury, including death, caused by your use or misuse of the Site, Content, or information. THE USER ACKNOWLEDGES THAT THEY SHALL BE LIMITED TO INJUNCTIVE RELIEF ONLY.
The User agrees to indemnify and hold InsuranceMenu, its subsidiaries and affiliates, and each of their directors, officers, agents, contractors, partners and employees, harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable attorney's fees, arising out of The User’s use of the Service or the Site, conduct in connection with the Service or the Site or with other users of the Service or the Site, or any violation of this Agreement or of any law or the rights of any third party.
InsuranceMenu may give notice by means of a general notice on the Service, electronic mail to The USER's e-mail address on record in InsuranceMenu's account information, or by written communication sent by first class mail or pre-paid post to The USER's address on record in InsuranceMenu's account information.
13. Modification to Terms
InsuranceMenu reserves the right to modify these Terms and Conditions or its policies relating to the Service at any time, effective upon posting of an updated version of the Terms and Conditions at https://insurancemenu.com/terms-of-use.html. The USER is responsible for regularly reviewing these Terms and Conditions. Continued use of the Service after any such changes shall constitute The USER's consent to such changes.
These Terms and Conditions shall be governed by Massachusetts law and controlling United States federal law, without regard to the choice or conflicts of law provisions of any jurisdiction, and any disputes, actions, claims or causes of action arising out of or in connection with the Terms and Conditions or the Service shall be subject to the exclusive jurisdiction of the state and federal courts located in Boston, Massachusetts. These Terms and Conditions may not be assigned by The USER without the prior written approval of InsuranceMenu. No text or information set forth on any other purchase order, preprinted form or document shall add to or vary the Terms and Conditions. If any provision of the Terms and Conditions is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the invalid or unenforceable provision(s), with all other provisions remaining in full force and effect. No joint venture, partnership, employment, or agency relationship exists between The USER and InsuranceMenu as a result of this agreement or use of the Service. The failure of InsuranceMenu to enforce any right or provision in these Terms and Conditions shall not constitute a waiver of such right or provision unless acknowledged and agreed to by InsuranceMenu in writing.
As used in these Terms and Conditions:
"Terms and Conditions" means these terms and conditions, whether agreed to electronically, in writing or submitted online and any materials available on the InsuranceMenu website specifically incorporated by reference herein, as such materials, including the terms of these Terms and Conditions, may be modified by InsuranceMenu from time to time in its sole discretion;
"Content" means the audio and visual information, documents, software, products and services contained or made available to The USER in the course of using the Service;
"Customer Data" means any data, information or material provided or submitted by the USER or submitted on behalf of the User by an authorized Agent or Service Provider the User is doing business with or knowingly is considering doing business with, in the course of using the Service for the intended purpose of the Site;
"Intellectual Property Rights" means unpatented inventions, patent applications, patents, design rights, copyrights, trademarks, service marks, trade names, domain name rights, mask work rights, know-how and other trade secret rights, derivative data generated by Users while using the Services, and all other intellectual property rights, derivatives, integration components and application programming interfaces thereof, and forms of protection of a similar nature anywhere in the world;
"InsuranceMenu" means collectively InsuranceMenu, Inc, InsuranceMenu.com and any affiliate site accessible via https://InsuranceMenu.com;
"InsuranceMenu Technology" means all of InsuranceMenu's proprietary technology (including software, hardware, products, processes, algorithms, user interfaces, know-how, techniques, designs and other tangible or intangible technical material or information) made available to The USER by InsuranceMenu in providing the Service;
"The USER" means the customer, person, agent, employer, employee, carrier, or organization that uses the Site or any Service of InsuranceMenu;
"Service(s)" includes but is not limited to browsing, quoting, enrollment, premium payment, and plan maintenance services, or other corporate services developed, operated, and/or maintained by InsuranceMenu, accessible via https://InsuranceMenu.com or another designated web site or IP address, or ancillary online or offline products and services provided to The USER by InsuranceMenu, to which The USER are being granted access under these Terms and Conditions, including the InsuranceMenu Technology and the Content;
Questions or Additional Information:
If The USER has questions regarding these Terms and Conditions or wishes to obtain additional information, please send an e-mail to help@InsuranceMenu.com.
Last Updated: 07/13/18