Terms of Service
The use of our Sites and the on-line services offered through the Sites are governed by this Agreement. You must be 18 years old or older to use our Sites. Unless otherwise indicated, any new products, services, Content (as defined below) or software added to our Sites will also be subject to this Agreement, effective upon the date of any such addition. All capitalized words used in the Agreement shall have the meanings set forth herein.
The purpose of this website and our other Sites is to provide you with information about insurance options and other products and services that may be available to you based upon information you have provided to us, and to provide you with an opportunity to interact with other users (our "Services"). Our Services include, among other things, providing you with comparative insurance rates from national networks of licensed insurance providers that contract with the Company. The information and materials provided on our Sites are for general reference purposes only and will not describe all the terms and conditions applicable to the insurance products and services you may be interested in. The premium rates shown on our Sites are for quoting purposes only, are not an offer of coverage, may not be current, and are not guaranteed. Final premium rates will be determined by the insurance company and are based on individual circumstances. As a result of underwriting, final premium rates may differ from quoted premium rates.
The Company does not issue insurance contracts or bind coverage directly. We do not provide insurance, tax or financial advice nor do we guarantee that any of the agents, brokers and/ or insurance companies that we will forward your information to will provide you coverage. All coverages are subject to the terms and conditions in insurance policies issued by our partners. Coverage and availability will vary from state to state and your individual circumstance.
Use of Our Services
- You are at least 18 years old;
- You are a resident of the United States;
- You consent to the transfer of your User Information outside of your home jurisdiction for processing; and
- You are providing accurate and current User Information about yourself or your family members.
Agreement Modifications: the Company reserves the right, at its discretion, to change, modify, add, or remove the terms of this Agreement at any time by posting the amended Agreement to the Sites. Please check back periodically for changes to the Agreement. You agree that you will continue to be bound by this Agreement, however and whenever it is updated, revised, supplemented, modified, or amended. Your continued use of the Sites after the modified Agreement becomes effective constitutes your binding acceptance of such changes. Except as stated elsewhere, amendments to the Agreement will automatically be effective thirty (30) days after initially posted on the Sites, provided however that any dispute that arises under the Agreement shall be resolved according to the terms of the Agreement in place at the time the dispute arose. In the event that a change materially alters your rights or obligations, the Company will use commercially reasonable efforts to notify you of the change, such as by posting a notification to the home page of the Site, or sending a notification to you at the address we have on file for you, if any.
Sites Modifications: the Company reserves the right, at its sole discretion, to change, modify, add, or remove features of the Sites and to suspend or discontinue any aspect of the Sites at any time without notice to you, including Content (as defined below), hours of availability and graphics. We will not be liable to you or any third party for doing so. We may impose rules for and limitations on use of the Sites or restrict your access to part, or all of the Sites without notice or penalty. We have the right to change these rules or limitations at any time in our sole discretion.
All insurance quotes and products are offered through Extend Insurance Services, LLC, a Utah resident insurance agency (Utah License No. 104741) which is licensed as a non-resident agency or otherwise authorized to transact business as an insurance agency in all fifty states and the District of Columbia. Collectively, the Company (and/or an officer of the Company) are licensed in good standing in the following fifty states and the District of Columbia.
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Existing Insurance Coverage
DO NOT CANCEL ANY EXISTING HEALTH INSURANCE UNTIL YOU RECEIVE WRITTEN CONFIRMATION FROM THE INSURANCE COMPANY TO WHICH YOU ARE APPLYING THAT YOUR NEW POLICY IS IN EFFECT. WE ARE NOT RESPONSIBLE FOR ANY INTERRUPTION OF COVERAGE IF YOUR EXISTING POLICY IS CANCELLED BEFORE THE NEW POLICY TAKES EFFECT.
My.viabenefits.com is a registered service mark of Via Benefits Insurance Services LLC. Other service names or marks presented on the Sites are service marks of Via Benefits Insurance Services LLC or its affiliates, except for those of insurance carriers, brokers, agents, industry organizations, service providers and educational institutions, which are service marks of their respective entities. The names, trademarks, service marks and logos of the Company and any of the insurance companies represented by the Company may not be used by you in any advertising or publicity, or otherwise to indicate our sponsorship of or affiliation with any third-party product or service, without the Company's prior express written permission. The Content (as defined below) presented on my.viabenefits.com is that of the Company, and not necessarily that of the participating insurance carriers. The Content presented by insurance carriers, brokers, agents, industry organizations, service providers and educational institutions, is solely that of the respective entity providing the Content.
All text, software (including source and object codes), data, information, visual, oral or other digital material, and all other content of any description available on our website or included in any Services we offer (collectively, the "Content"), and all worldwide copyrights, trademarks, service marks, patents, patent registration rights, trade secrets, know-how, database rights and all other rights in or relating to the Content (collectively, the "Intellectual Property") are owned by the Company, its affiliates or third parties who have given the Company permission to use it.
User License: Subject to your full and ongoing compliance with all the terms and conditions of this Agreement, the Company hereby grants you a personal, non-exclusive, non-transferable license to access and make personal use of this website. Except as otherwise permitted in this Agreement you may not use, download (other than page caching), upload, reproduce, delete, transmit, post, redistribute, or modify the Sites, or any portion of them. The permission granted does not include any resale or commercial use of the Sites or their Contents; any collection and use of any information, product listings, descriptions, or prices; any derivative use of the Sites or their Contents; or any use of data mining, robots, or similar data gathering and extraction tools. No portion of the Sites may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including Content and other images, text, page layout, or form) of the Company brand, the Company or its affiliates without ours or their express written consent. You may not use any meta-tags or any other "hidden text" utilizing any of the Company's name(s) or service marks. Any unauthorized use terminates any permission granted by the Company.
You may download information from our Sites and print out a hard copy for your personal use provided that you keep intact and do not remove or alter any copyright or other notice (e.g., trademark, patent, etc.) contained in the information. Except as otherwise expressly stated herein, you may not alter, modify, copy, distribute (for compensation or otherwise), transmit, display, perform, reproduce, reuse, post, publish, license, frame, download, store for subsequent use, create derivative works from, transfer, or sell any information or Content obtained from the Sites, in whole or in part, including any text, images, audio, and video in any manner. The use of Content, including images, by you, or anyone else authorized by you, is prohibited unless specifically permitted by the Company in writing. Any unauthorized use of text or images may violate copyright laws, trademark laws, the laws of privacy and publicity, and other applicable regulations and statutes.
Neither the Company nor its affiliates warrant or represent that your use of any Content or any other materials displayed on this website will not infringe on any rights of third parties.
You may only use the Content and the Intellectual Property, access our Sites and use any services we provide through our Sites solely as expressly permitted in this Agreement and for no other purposes.
If you send the Company or its employees any ideas for features, modifications, enhancements, refinements, products, technologies, content offerings, promotions, strategies, or product/feature names, or any related documentation, artwork, computer code, diagrams, or other materials ("Feedback"), then regardless of what your accompanying communication says, the following terms shall apply. By sending Feedback to the Company, you agree that:
- The Company has no obligation to review, consider, or implement your Feedback, or to return to you all or part of any Feedback for any reason;
- Feedback is provided on a non-confidential basis, and the Company is not under any obligation to keep any Feedback you send confidential or to refrain from using it in any way;
- You irrevocably grant the Company and its successors and assigns permission to use, reproduce, modify, and distribute Feedback, and/or any product or service based on your Feedback, for any purpose and without restriction, including by making, selling, and promoting commercial products and services which incorporate or embody Feedback in whole or in part, or as modified, free of charge and without attribution of any kind; and
- The Company may transfer or assign the rights you grant to the Company hereunder without restriction.
User Generated Content
General. The Sites provide certain features which enable users to upload content, which may include text, photos, or any other content submitted by you or other users through the Sites, including any User Information ("User Submissions"), and provide for the hosting, reproduction, distribution, transmission, public performance, and public display of such User Submissions. User Submissions are displayed for informational purposes only and are not controlled by the Company. You understand that all User Submissions are the sole responsibility of the person from whom such User Submission originated. This means that you, and not the Company, are entirely responsible for all User Submissions that you upload, post, e-mail, transmit or otherwise make available through the Sites. This also means that the Company is not responsible to you for User Submissions submitted by other users of the Sites.
No Obligation to Publish. the Company makes no representations that it will publish or make available on the Sites any User Submissions, and reserves the right, in its sole discretion, to refuse to allow any User Submissions on the Sites, or to remove any User Submission at any time with or without notice. Without limiting the generality of the preceding sentence, the Company complies with the Digital Millennium Copyright Act, and will remove User Submissions upon receipt of a compliant takedown notice (see "Digital Millennium Copyright Act" below).
License Grant by You to the Company. You retain all of your ownership rights in original aspects of your User Submissions. By submitting User Submissions to the Company, you hereby grant the Company and its affiliates, sub-licensees, partners, designees, and assignees of the Sites (collectively, the "Company Licensees") a worldwide, non-exclusive, fully paid-up, royalty-free, perpetual, irrevocable, sub-licensable, and transferable license to use, reproduce, distribute, modify, transmit, publicly display, and publicly perform your User Submissions and adaptations thereof for any purpose, and to collect, combine, aggregate, and analyze, data related thereto, in each case, in connection with the operation and promotion of the Sites.
User Submissions Representations and Warranties. You are solely responsible for your own User Submissions and the consequences of posting or publishing them. In connection with User Submissions, you affirm, represent, and warrant that: (1) you own, or have the necessary licenses, rights, consents, and permissions to use and authorize the Company to use all patent, trademark, copyright, or other proprietary rights in and to any and all User Submissions to enable inclusion and use of User Submissions in the Sites in the manner contemplated by these Terms of Service, and to grant the rights and licenses set forth above, and (2) your User Submissions, the Company's or the Company Licensee's use of such User Submissions pursuant to these Terms of Service, and the Company's or any of the Company Licensee's exercise of the license rights set forth above, do not and will not: (a) infringe, violate, or misappropriate any third party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (b) slander, defame, libel, or invade the right of privacy, publicity or other property rights of any other person; (c) violate any applicable law or regulation; or (d) require obtaining a license from or paying fees or royalties to any third party for the exercise of any rights granted in these Terms of Service.
Additional Grants. You grant the Company Licensees the right to use your name and/or likeness and/or any name and/or likeness that you submit in connection with your User Submissions (including any photo you may submit) if they should choose, without compensation or need for your prior approval, or to exercise any of the rights licensed by you hereunder, in connection with your name, a fictional name or persona, or without any attribution at all. You also agree to irrevocably waive (and cause to be waived) any claims and assertions of moral rights or attribution with respect to any of your User Submissions. You hereby grant the Company Licensees a non-exclusive, perpetual license to print, publish, broadcast and use, worldwide, in any media and at any time, your name, and any picture, voice, likeness, and/or biographical information you submit to the Company for promotional or commercial purposes without any prior approval or additional compensation.
The Sites may be used only for lawful purposes by individuals authorized to use the Sites and Services. You are responsible for your own communications and transmissions. You are responsible for the consequences of your communications and transmissions. Violations of system or network security may result in civil or criminal liability. We will investigate occurrences and may involve, and cooperate with, law enforcement authorities in prosecuting the user or users who are involved in such violations.
By using the Services you agree not to:
- use the Services for any purposes other than to access the Service as such Services are offered by the Company;
- rent, lease, loan, sell, resell, sublicense, distribute or otherwise transfer your credentials to the Sites or the Services, or any of the permissions granted herein or any Content;
- engage in spamming, harvesting e-mail addresses or other personal information (including User Information), sending unauthorized or unsolicited advertising, promotional materials, "junk mail", "chain letters", or any other form of solicitation;
- post any information which is incomplete, false or not your own;
- impersonate any person or entity, falsely claim an affiliation with any person or entity, or access the Service accounts of others without permission, forge another persons' digital signature, misrepresent the source, identity, or content of information transmitted via the Service, misrepresent your identity or provide false or incomplete information about yourself, or perform any other similar fraudulent activity;
- access data not intended for you or logging into a server or account that you are not authorized to access;
- delete indications or notices regarding the copyright or other proprietary rights on the Service;
- use the Service for or encourage conduct that would constitute any illegal purpose, or in violation of any local, state, national, or international law, including, without limitation, laws governing intellectual property and other proprietary rights, and data protection and privacy;
- remove, circumvent, disable, damage or otherwise interfere with security-related features of the Service, features that prevent or restrict use or copying of any content accessible through the Service, or features that enforce limitations on the use of the Service;
- reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Service or any part thereof, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation;
- modify, adapt, translate or create derivative works based upon the Service or any part thereof, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation;
- intentionally interfere with or damage operation of the Service or any user's enjoyment of them, by any means, including uploading or otherwise disseminating viruses, adware, spyware, worms, or other malicious code;
- take any action that imposes or may impose (in the Company's sole discretion) an unreasonable or disproportionately large load on the Company's infrastructure;
- interfere or attempt to interfere with the proper workings of the Company’s networks, systems, network security, the Service or any activities conducted on the Service; or
- bypass robot exclusion headers or other measures the Company may use to prevent unauthorized access to the Company Service.
Password Accounts, Passwords, and Security
If you elect to open an on-line account through any of our Sites, we will be able to provide you with access to password protected portions of the websites. In order to open an on-line account, you must complete the registration process by providing us with current, complete and accurate information as prompted by the applicable registration form, and choose a password and user name. You are entirely responsible for maintaining the confidentiality and security of your password and account and for any and all activities that occur under your account. the Company will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by the Company or other third party due to someone else using your account or password. You may not use anyone else's account at any time, without the prior express permission of that account holder.
Third Party Services and Resources
Through links, postings, articles, or other elements of the Sites, you may be informed of or receive access to third party services, products, offers, promotions, features, websites, resources, information and the like (referred to herein as "Third-Party Services"). While we strive to provide information regarding reputable and competent product and service providers, you acknowledge and agree that we are not responsible for the availability, quality, or performance of Third-Party Services, and we do not endorse and are not responsible or liable for any content, advertising, representations, opinions, advice, services, products, or other materials that you may receive through such Third-Party Services. THE COMPANY IS NOT LIABLE FOR THE ACTS, ERRORS, OMISSIONS, REPRESENTATIONS, WARRANTIES, BREACHES OR NEGLIGENCE OF ANY SUCH THIRD PARTY SUPPLIERS OR FROM ANY PERSONAL INJURIES, DEATH, PROPERTY DAMAGE, OR OTHER DAMAGES OR EXPENSES RESULTING THEREFROM.
The Sites may also contain hyperlinks to websites operated by Third-Party Service providers or other parties other than the Company. Such hyperlinks are provided solely for your reference only. We do not control such websites and are not responsible for their contents or the privacy or other practices of such websites. Further, it is up to you to take precautions to ensure that whatever links you select or software you download (whether from the Sites or other websites) is free of such items as viruses, worms, trojan horses, defects and other items of a destructive nature. Our inclusion of hyperlinks to such websites does not imply any endorsement of the material on such websites.
Permission must be granted by us for any type of link to the Sites. To seek our permission, you may write to us at the address below. We reserve the right to deny any request or rescind any permission granted by us to link through such other type of link, and to require termination of any such link to the Sites, at our sole discretion at any time.
Copyright Owners / Digital Millennium Copyright Act
If you are a copyright owner or an agent thereof, and you believe any content submitted to and hosted on the Sites infringes your copyrights, then you may submit a written takedown notice that complies with the Digital Millennium Copyright Act, as amended ("DMCA") to the Company with the following information:
- a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on the Sites are covered by a single notification, a representative list of such works on the Sites;
- 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 the Company to locate the material;
- information reasonably sufficient to permit the Company to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
- a statement that the complaining party has 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 (for example, "I am under the good faith belief that the use of the copyrighted content that is identified herein is not authorized by the copyright owner, its agent, or the law."); and
- a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed (for example, "I swear, under penalty of perjury, that the information in this notification is accurate and that I am the copyright owner, or authorized to act on behalf of the copyright owner, of the copyright(s) that is/are allegedly infringed by the aforementioned content.").
Please consult your legal counsel (or see 17 U.S.C. § 512) to confirm these requirements and your compliance therewith. It is the Company's policy to respond to notices of alleged infringement that comply with the DMCA.
Notifications and counter-notifications regarding claimed infringement can be sent to the Company as follows: Attention: Copyright Notices, Via Benefits Insurance Services, 10975 S. Sterling View Drive, Suite Al, South Jordan, UT 84095, or by electronic mail at email@example.com. For clarity, only DMCA notices should go to the Designated Copyright Agent. Any other feedback, comments, requests for technical support or other communications should be directed to the Company customer service through firstname.lastname@example.org.
We may terminate your right to use our Sites at any time and without notice or liability to you. We will terminate your right to use our Sites if you violate any of these Terms of Service or any other policy posted on our Sites.
The Company will hold you fully liable in all claims and losses resulting from your use or misuse of the Sites, including, but not limited to any activity related to account information (i.e. user name, password, financial data, health information, etc.). You agree to defend, indemnify and hold the Company, its affiliates and their respective employees, directors, partners, contractors, officers, trustee, and other third parties assisting in the operation of the Sites, harmless from and against all claims, liabilities and expenses (including attorney's fees) that may arise from or relate to your use of the Sites, any account set up in connection with the Sites, User Information, your User Submissions (including without limitation any claims from third parties that your User Submissions violate or infringe the intellectual property, publicity, or privacy rights of such third party), violation of the rights of others and/or breach of this Agreement.
Disclaimer, No Warranties and Limited Liability
THE SITES ARE PROVIDED BY THE COMPANY ON AN "AS IS" AND "AS AVAILABLE" BASIS. THE COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITES OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THE SITES, INCLUDING BUT NOT LIMITED TO, QUOTATIONS PROVIDED BY INSURANCE PROVIDERS, ACCESS TO DATA, DATA PROCESSING, ACCURACY, USEFULNESS OF CONTENT OR LOSS OF INFORMATION. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITES IS AT YOUR SOLE RISK. ANY LINKS TO OTHER WEB SITES ARE PROVIDED SOLELY AS A COURTESY. THEY ARE NOT INTENDED TO NOR DO THEY CONSTITUTE AN ENDORSEMENT BY THE COMPANY OF THE LINKED MATERIALS.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, THE COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE COMPANY DOES NOT WARRANT THAT THE SITES, THEIR SERVERS, OR E-MAIL SENT FROM THE COMPANY ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
THE COMPANY WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE SITES, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, EVEN IF THE COMPANY IS MADE AWARE OF THE POSSIBILITY OF SUCH DAMAGES. IN PARTICULAR, WE MAKE NO WARRANTY THAT THE CONTENT OF THE WEBSITE IS ERROR-FREE AND TIMELY WITH ALL UPDATES.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
Applicable Law, Jurisdiction and Limitation on Actions
You agree that the laws of the state of California, excluding its conflicts-of-laws rules, shall govern this Agreement. Please note that your use of the Sites may be subject to other local, state, national, and international laws. You expressly agree that the exclusive jurisdiction for resolving any claim or dispute with the Company or relating in any way to your use of the Sites resides in the state and federal courts of the City and County of San Francisco, California, and you further agree and expressly consent to the exercise of personal jurisdiction in those courts.
Any claim or cause of action you may have with respect to the Company or the Sites must be commenced within one (1) year after the claim or cause of action arose.
Contact the Company
Last updated: March, 2018