Terms and Conditions - User Registration › EB › resources › files › 101017... · 2019-01-11 · EB Terms and Conditions Pg 2 of 13 are meant to facilitate the insurance sale

EB Terms and Conditions

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Terms and Conditions

Empowered Benefits, LLC ("Empowered Benefits") owns and operates this EverwellTM website. By using this EverwellTM website or any other site owned and operated by Empowered Benefits (collectively, the "EB Web Sites"), you are agreeing to be bound by our Terms and Conditions and our Privacy Policy, as modified from time to time and as set forth herein (the "Agreement"). By submitting any content or materials through the EB Web Sites, or by utilizing any of the features of the EB Web Sites, you hereby agree that you have read, understood, and agree to be bound by all the terms and conditions of this Agreement. If you are not in agreement with any of the terms or conditions of this Agreement, you are not authorized to access or use the EB Web Sites. Your continued use of an EB Web Site indicates your agreement to be bound by these Terms and Conditions and any revisions thereto. The last update to these Terms and Conditions is posted at the bottom of the page.

All on-line services and transactions offered through the EB Web Sites and your use of

the EB Web Sites is governed by this Agreement. The EB Web Sites are provided only

to individuals who agree to be bound by these Terms and Conditions and who are of

legal majority or authorized to form legally binding agreement(s) under applicable law. If

you are under 18 years of age, you may use the EB Web Sites only with the consent

and involvement of a parent or guardian. Any new products, services, Content (as

defined below) or software posted to our EB Web Sites from time to time, shall also be

subject to this Agreement, effective upon the date of any such posting, unless otherwise

noted. All capitalized words used in the Agreement shall have the meanings set forth

herein.

EverwellTM Services

This EverwellTM website and our other EB Web Sites are designed to provide you with

the information and tools needed to sell or purchase insurance products and services.

Such insurance products and services are made available to you based upon the

information you have provided to us, and this EverwellTM website provides you with an

opportunity to engage and transact with third parties involved in the sale and solicitation

of such insurance products and services (e.g., consumers, insurance carriers, brokers,

agents, service providers and industry organizations) (collectively, the "Services"). The

Services include compiling complementary and comparative insurance rates and quotes

from licensed insurance carriers who have contracted with Empowered Benefits, and

providing a technology platform to facilitate the sale of, and enrollment in, insurance

products and services offered through this EverwellTM website. The information and

materials provided on our EB Web Sites are for general information purposes only and


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are meant to facilitate the insurance sale and enrollment process, and will not describe

all of the terms and conditions applicable to the specific insurance products and

services you may be interested in purchasing from an insurance carrier. The premium

rates shown on our EB Web Sites are for quoting purposes only, are not an offer of

coverage, may not be current, and are not guaranteed. Final premium rates and offers

of coverage will be determined by the insurance carrier alone, and are based on

individual circumstances. As a result of underwriting, final premium rates may differ from

quoted premium rates.

Empowered Benefits does not issue insurance contracts/policies or bind coverage

directly. Only an insurance contract/policy between an insurance carrier and a

policyholder can validly bind coverage. Empowered Benefits does not provide

insurance, tax or financial advice nor do we guarantee that any of the agents, brokers

and/ or insurance carriers who participate in this EverwellTM website will provide you

coverage. All coverages are subject to the specific terms and conditions in insurance

contracts/policies issued by the licensed insurance carriers who have contracted with

Empowered Benefits to provide insurance coverage through this EverwellTM website.

Coverage and availability will vary from state to state and your individual circumstance.

User Information

While using the EB Web Sites, you may be asked to provide, or choose to provide on

your own, information, which may include an application to purchase insurance

coverage (your "User Information"). Should you electronically purchase insurance

coverage through this EverwellTM website, your prior consent will be required pursuant to

the Consent Statement. User Information that you may submit to us will be used to

provide our Services and not for any other purpose not contained in this Agreement. For

more information about what information Empowered Benefits collects from you, and

how your User Information will be used and disclosed to others, please review our

Privacy Policy and the Consent Statement, which are incorporated herein by

reference, and these Terms and Conditions. In consideration of your use of the

Services, you agree to provide true, accurate and current User Information as prompted

by the required registration. If any User Information you provide is untrue, inaccurate or

not current, or if Empowered Benefits has reasonable grounds to suspect that such

information is untrue, inaccurate or not current, Empowered Benefits, at its sole

discretion, has the right to refuse all current or future access to the Content and use of

the Services or suspend any portion thereof. Further, you agree that Empowered

Benefits and the insurance carriers participating in this EverwellTM website will not be

liable to you or any third party if Empowered Benefits terminates your access to the


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Services or Content for any reason. Our EB Web Sites are designed to promote our

Services only in the United States. We invite only residents of the United States to

submit information to us through our EB Web Sites. By submitting information to us

through our EB Web Sites, you represent, warrant, and agree that: (i) you are at least

18 years old; (ii) you are a resident of the United States; (iii) you consent to the transfer

of your User Information outside of your home jurisdiction for processing; and (iv) you

are providing accurate and current User Information about yourself or your family

members.

Changes, Modifications and Additions

Empowered Benefits reserves the right, at its discretion, to change, modify, add, or

remove the terms or conditions of this Agreement at any time by posting the amended

Agreement to the EB Web Sites. Please check back periodically for changes to the

Agreement. Your continued use of the EB Web 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 when

posted on the EB Web Sites, and provided however, that any dispute that arises under

the Agreement shall be resolved according to the terms and conditions of the

Agreement in place at the time the dispute arose. In the event that a change materially

alters your rights or obligations, Empowered Benefits will use commercially reasonable

efforts to notify you of the change, such as by posting a notification to the home page of

the EverwellTM website, or sending a notification to you at the address we have on file

for you, if any.

Empowered Benefits reserves the right, at its discretion, to change, modify, add, or

remove features of the EB Web Sites at any time without notice to you.

Licensing

All insurance quotes and products are offered through Aflac Benefit Advisors, Inc., a

Georgia resident insurance agency (National Producer No. 16512385) which is licensed

as a non-resident agency or otherwise authorized to transact business as an insurance

agency in all states and the District of Columbia and/or an officer of Aflac Benefit

Advisors, Inc. Collectively, Aflac Benefit Advisors, Inc. and/or its officers are licensed in

good standing in the following states and the District of Columbia.


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State License Number State

License Number State

License Number

Alabama 499382 Louisiana L&H 555015 North Carolina 1000146766

Alaska 102130 Louisiana P&C 555015 North Dakota 2000018655

Arizona 1011194 Maine AGN199224 Ohio 954152

Arkansas 396687 Maryland 2082805 Oklahoma 100123646

California 0H86831 Massachusetts 1914006 Oregon 822605

Colorado 392706 Michigan 97246 Pennsylvania 625381

Connecticut 2397530 Minnesota 40283870 Rhode Island n/a

District of Columbia

2904854 Mississippi 15019059 South Carolina 187196

Delaware 1148181 Missouri 8093264 South Dakota 10015452

Florida L077867 Montana L&D 754672 Tennessee 2049518

Georgia 166186 Montana P&C 754671 Texas 1754624

Hawaii 390235 Nebraska 417706 Utah 400878

Idaho 401006 Nevada 805141 Vermont 800244

Illinois 100377729 New Hampshire 2101278 Virginia 131660

Indiana 800307 New Jersey 1236817 Washington 802056

Iowa 1002078743 New Mexico 100009049 West Virginia 100130861

Kansas 454133319-00 New York L&H LA1217696 Wisconsin 2590429

Kentucky 773014 New York P&C PC1217696 Wyoming 222403

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.

Proprietary Rights

American Family Life Assurance Company of Columbus owns the everwellbenefits.com

service mark, as well as the selection, arrangement and look and feel of this EverwellTM

website and any of the other EB Web Sites. EverwellTM is a registered service mark of

Empowered Benefits. Other service names or marks presented on the EB Web Sites

are service marks of Empowered Benefits, 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 associated with Empowered Benefits, EverwellTM or any of the

insurance companies represented by Empowered Benefits may not be used in any

advertising or publicity, or otherwise to indicate our sponsorship of or affiliation with any


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product or service, without Empowered Benefits’ prior express written consent. The

Content (as defined below) presented on Everwellbenefits.com is that of Empowered

Benefits, and not necessarily that of the participating insurance carriers. The Content

presented by an insurance carrier, 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 this

EverwellTM 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 Empowered Benefits, its

affiliates or third parties who have given us permission to use it.

Subject to your full and ongoing compliance with all the terms and conditions of this

Agreement, Empowered Benefits hereby grants you limited permission to access and

make personal use of the EB Web Sites, but not to download (other than page caching),

redistribute, or modify it, or any portion of it. The permission granted does not include

any resale or commercial use of the EB Web Sites or their Contents; any collection and

use of any information, product listings, descriptions, or prices; any derivative use of the

EB Web Sites or their Contents; or any use of data mining, robots, or similar data

gathering and extraction tools. The EB Web Sites or any portion of this EverwellTM

website may not 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 Empowered Benefits brand, Empowered

Benefits or its affiliates without their express written consent. You may not use any

meta-tags or any other "hidden text" utilizing any of Empowered Benefits' name(s) or

service marks. Any unauthorized use terminates the permission granted by Empowered

Benefits.

You may download information from the EB Web 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 EB Web Sites, in


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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 Empowered Benefits 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 Empowered Benefits nor its affiliates warrant or represent that your use of

Content or any other materials displayed on any of the EB Web Sites will not infringe

rights of third parties.

You may only use the Content and the Intellectual Property, access the EB Web Sites

and use any services we provide through the EB Web Sites solely as expressly

permitted in this Agreement and for no other purposes.

User Submissions

The EB Web Sites provide certain features which enable users to upload content, such

as text, receipts, or any other content submitted by you and other users through the EB

Web 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 Empowered Benefits. 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 Empowered Benefits, are entirely responsible

for all User Submissions that you upload, post, e-mail, transmit or otherwise make

available through the EB Web Sites. This also means that Empowered Benefits is not

responsible to you for User Submissions submitted by other users of the EB Web Sites.

Empowered Benefits makes no representations that it will publish or make available on

the EB Web Sites any User Submissions, and reserves the right, in its sole discretion, to

refuse to allow any User Submissions on the EB Web Sites, or to remove any User

Submission at any time with or without notice. Without limiting the generality of the

preceding sentence, Empowered Benefits 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).

You retain all of your ownership rights in original aspects your User Submissions. By

submitting User Submissions to Empowered Benefits, you hereby grant Empowered

Benefits and its affiliates, sublicensees, partners, designees, agents, subcontractors


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and assignees of the EB Web Sites (collectively, the "Empowered Benefits Licensees")

a worldwide, non-exclusive, fully paid-up, royalty-free, perpetual, irrevocable,

sublicensable, and transferable license to use, reproduce, distribute, modify, transmit,

publicly display, and publicly perform your User Submissions and adaptations thereof,

and to collect, combine, aggregate, and analyze, data related thereto, in each case, in

connection with the operation and promotion of the EB Web Sites.

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: (i) you own, or have the necessary licenses, rights, consents, and

permissions to use and authorize Empowered Benefits 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 EB Web Sites in the manner

contemplated by these Terms and Conditions, and to grant the rights and licenses set

forth above, (ii) your User Submissions, Empowered Benefits' or any Empowered

Benefits Licensee's use of such User Submissions pursuant to these Terms and

Conditions, and Empowered Benefits' or any of Empowered Benefits 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 and Conditions.

You grant the Empowered Benefits 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 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

Empowered Benefits 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 Empowered

Benefits for promotional or related purposes without any prior approval or additional

compensation.


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Prohibited Conduct

By using the Services you agree not to: (i) use the Services for any purposes other than

to access the Service as such services are offered by Empowered Benefits; (ii) rent,

lease, loan, sell, resell, sublicense, distribute or otherwise transfer your access to the

EB Web Sites or the Services, or any of the permissions granted herein or any Content;

(iii) 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; (iv)

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, or perform any other similar fraudulent activity; (v) delete indications or notices

regarding the copyright or other proprietary rights on the Service; (vi) use the Service for

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; (vii) 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; (viii) 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; (ix) 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; (x) 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; (xi) take any

action that imposes or may impose (in Empowered Benefits' sole discretion) an

unreasonable or disproportionately large load on Empowered Benefits' infrastructure;

(xii) interfere or attempt to interfere with the proper workings of the Service or any

activities conducted on the Service; or (xiii) bypass robot exclusion headers or other

measures Empowered Benefits may use to prevent unauthorized access to the

Empowered Benefits Service.

Password Accounts, Passwords, and Security

If you elect to open an on-line account through this EverwellTM website, we will be able

to provide you with access to password protected portions of this EverwellTM website. In


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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. Empowered

Benefits and the insurance carriers participating in this EverwellTM website 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 Empowered Benefits or another party due to someone else using

your account or password. You may not use anyone else's account at any time, without

the permission of the account holder.

Third Party Services and Resources

Through links, postings, articles, or other elements of the EB Web 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 Empowered Benefits and the insurance carriers participating in

this EverwellTM website 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. EMPOWERED BENEFITS AND THE INSURANCE

CARRIERS PARTICIPATING IN THIS EVERWELL™ WEBSITE ARE NOT LIABLE

FOR THE ACTS, ERRORS, OMISSIONS, REPRESENTATIONS, WARRANTIES,

BREACHES OR NEGLIGENCE OF ANY SUCH SUPPLIERS OR FROM ANY

PERSONAL INJURIES, DEATH, PROPERTY DAMAGE, OR OTHER DAMAGES OR

EXPENSES RESULTING THEREFROM.

The EB Web Sites may also contain hyperlinks to websites operated by Third-Party

Service providers or other parties other than Empowered Benefits. Such hyperlinks are

provided 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 EB Web 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.


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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 EB Web Sites infringes your copyrights, then you may submit a

written takedown notice that complies with the Digital Millennium Copyright Act

("DMCA") to Empowered Benefits with the following information: (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 the EB Web Sites are covered by a

single notification, a representative list of such works on the EB Web Sites; (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 Empowered Benefits to locate the material;

(iv) information reasonably sufficient to permit Empowered Benefits 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; (v) 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 (vi) 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 Empowered Benefits' policy to

respond to notices of alleged infringement that comply with the DMCA.

Notifications and counter-notifications regarding claimed infringement can be sent to

Empowered Benefits as follows: Attention: Copyright Notices, 525 N. Tryon St. Suite

900, Charlotte, NC 28202 or by electronic mail at [email protected]. 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 Empowered Benefits customer service through

[email protected].


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Termination

We may terminate your right to use our EB Web Sites at any time and without notice or

liability to you. We will terminate your right to use our EB Web Sites if you violate any of

this Terms and Conditions or any other policy posted on our EB Web Sites.

Indemnification

Empowered Benefits will hold you fully liable in all claims and losses resulting from your

use or misuse of the EB Web Sites, including, but not limited to any activity related to

account information (user name, password, financial data, health information, etc.) You

agree to defend, indemnify and hold Empowered Benefits, its affiliates and their

respective employees, directors, partners, contractors, officers, trustees, and other third

parties assisting in the operation of the EB Web Sites (including, but not limited to, the

insurance carriers participating in this EverwellTM website), harmless from and against all

claims, liabilities and expenses (including attorney's fees) that may arise from your use

of the EB Web Sites, any account set up in connection with the EB Web 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 EB WEB SITES ARE PROVIDED BY EMPOWERED BENEFITS ON AN "AS IS"

AND "AS AVAILABLE" BASIS. EMPOWERED BENEFITS MAKES NO

REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS

TO THE OPERATION OF THE EB WEB SITES OR THE INFORMATION, CONTENT,

MATERIALS, OR PRODUCTS INCLUDED ON THE EB WEB 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 EB WEB SITES IS AT YOUR SOLE RISK. ANY LINKS TO OTHER WEB

SITES ARE PROVIDED AS A COURTESY. THEY ARE NOT INTENDED TO NOR DO

THEY CONSTITUTE AN ENDORSEMENT BY EMPOWERED BENEFITS OF THE

LINKED MATERIALS.TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW,

EMPOWERED BENEFITS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED,

INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF

MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. EMPOWERED


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BENEFITS DOES NOT WARRANT THAT THE EB WEB SITES, THEIR SERVERS, OR

E-MAIL SENT FROM EMPOWERED BENEFITS ARE FREE OF VIRUSES OR OTHER

HARMFUL COMPONENTS. EMPOWERED BENEFITS AND THE INSURANCE

CARRIERS PARTICIPATING IN THIS EVERWELL™ WEBSITE WILL NOT BE LIABLE

FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE EB WEB

SITES, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL,

PUNITIVE, AND CONSEQUENTIAL DAMAGES, EVEN IF EMPOWERED BENEFITS

OR ANY INSURANCE CARRIER PARTICIPATING IN THIS EVERWELL™ WEBSITE

IS MADE AWARE OF THE POSSIBILITY OF SUCH DAMAGES. IN PARTICULAR, WE

MAKE NO WARRANTY THAT THE CONTENT OF THIS EVERWELL™ 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.

Miscellaneous

This Agreement (including the Privacy Policy and any other rules and guidelines

published on the EB Web Sites) is the entire agreement between you and Empowered

Benefits relating to the subject matter herein, and supersedes all previous

communications, representations, understandings and agreements, either oral or

written, between you and Empowered Benefits with respect to said subject matter. This

Agreement shall not be modified except in a writing signed by both parties or by a

change to this Agreement as provided in the section entitled "Modifications", above. In

the event any of the provisions of this Agreement are held unenforceable or invalid by a

court of competent jurisdiction, such provisions shall be deemed severed from the

Agreement and the remaining provisions thereof shall remain in full force and effect. A

provision of this Agreement may be waived only by a written instrument executed by the

party entitled to the benefit of such provision, and the failure of Empowered Benefits to

enforce, in any one or more instances, any of the provisions herein shall not be

construed as a waiver of the future performance of any such terms or conditions. No

consent to a breach of any express or implied term of this Agreement or any other

notice, directive, or rule otherwise posted through the EB Web Sites shall constitute

consent to any prior or subsequent breach. You agree that no joint venture, partnership,

employment, or agency relationship exists between you and Empowered Benefits as a

result of this Agreement or use of the EB Web Sites. You further acknowledge that by


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submitting User Submissions, no confidential, fiduciary, contractually implied, or other

relationship is created between you and Empowered Benefits other than pursuant to

this Agreement. This Agreement, and any rights and licenses granted hereunder, may

not be transferred or assigned by you, but may be assigned by Empowered Benefits

without restriction, including by operation of law, merger, or sale of all or substantially all

of the assets to which this agreement pertains. Any assignment attempted to be made

in violation of this Agreement shall be void. The headings and captions in this

Agreement are used for convenience only and are not to be considered in interpreting

this Agreement.

Contact Empowered Benefits

If you have any questions or comments regarding these Terms and Conditions or our

Privacy Policy, please send an e-mail to Customer Support at

[email protected].

Last updated: October 10, 2017

mailto:[email protected]

Terms and Conditions - User Registration › EB › resources › files › 101017... · 2019-01-11 · EB Terms and Conditions Pg 2 of 13 are meant to facilitate the insurance sale

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