Objective
Inshura is committed to a work environment where all individuals are treated with respect and dignity. Each individual may work in a professional atmosphere that promotes equal employment opportunities and prohibits unlawful discriminatory practices, including harassment. Therefore, Inshura expects that all relationships among persons in the office will be business-like and free of explicit bias, prejudice, and harassment.
Inshura has developed this policy to ensure that all its employees can work in an environment free from unlawful harassment, discrimination, and retaliation. Inshura will make every reasonable effort to ensure that all concerned are familiar with these policies and aware that any complaint violating such policies will be investigated and resolved appropriately. Any employee who has questions about these policies should talk with the director of human resources or a member of the personnel practices committee.
These policies should not, and may not, be a basis for excluding or separating individuals of a particular gender, or any other protected characteristic, from participating in business or work-related social activities or discussions. No one should mistakenly engage in discrimination or exclusion to avoid allegations of harassment. The law and the policies of Inshura prohibit disparate treatment based on sex or any other protected characteristic regarding terms, conditions, privileges, and perquisites of employment. The prohibitions against harassment, discrimination, and retaliation are intended to complement and further those policies, not to support an exception.
Equal employment opportunity
It is the policy of Inshura to ensure equal employment opportunity without discrimination or harassment based on race, color, religion, sex, sexual orientation, gender identity or expression, age, disability, marital status, citizenship, national origin, genetic information, or any other characteristic protected by law. Inshura prohibits any such discrimination or harassment.
Retaliation
Inshura encourages reporting of all perceived incidents of discrimination or harassment. It is the policy of Inshura to investigate such reports promptly.
Inshura prohibits retaliation against any individual who reports discrimination or harassment or participates in an investigation of such reports.
Sexual harassment
Sexual harassment constitutes discrimination and is illegal under federal, state, and local laws. For this policy, “sexual harassment” is defined, as in the Equal Employment Opportunity Commission Guidelines, as unwelcome sexual advances, requests for sexual favors, and other verbal or physical sexual conduct when, for example, a) submission to such conduct is made either explicitly or implicitly a term or condition of an individual’s employment, b) submission to or rejection of such conduct by an individual is the basis for employment decisions affecting such individual, or c) such conduct has the purpose or effect of unreasonably interfering with an individual’s work performance or creating an intimidating, hostile or offensive working environment.
Title VII of the Civil Rights Act of 1964 recognizes two types of sexual harassment: a) quid pro quo and b) hostile work environment. Sexual harassment may include a range of subtle and not-so-subtle behaviors and may involve individuals of the same or different gender. These behaviors may consist of unwanted sexual advances or requests for sexual favors; sexual jokes and innuendo; verbal sexual abuse; commentary about an individual’s body, sexual prowess, or sexual deficiencies; leering, whistling or touching; insulting or obscene comments or gestures; display in the workplace of sexually suggestive objects or pictures; and other physical, verbal or visual sexual conduct.
Harassment
Harassment based on any other protected characteristic is also strictly prohibited. Under this policy, harassment is verbal, written, or physical conduct that denigrates or shows hostility or aversion toward an individual because of their race, color, religion, sex, sexual orientation, gender identity or expression, national origin, age, disability, marital status, citizenship, genetic information, or any other characteristic protected by law, or that of their relatives, friends or associates, and that: a) has the purpose or effect of creating an intimidating, hostile or offensive work environment, b) has the purpose or effect of unreasonably interfering with an individual’s work performance or c) otherwise hurts an individual’s employment opportunities. Harassing conduct includes epithets, slurs, or negative stereotyping; threatening, intimidating, or hostile acts; denigrating jokes; and written or graphic material that denigrates or shows hostility or aversion toward an individual or group placed on walls or elsewhere on the employer’s premises or circulated in the workplace, on company time, or using company equipment by e-mail, phone (including voice messages), text messages, social networking sites or other means.
Individuals and Conduct Covered
These policies apply to all applicants and employees, whether related to conduct by fellow employees or someone not directly connected to Inshura (e.g., an outside vendor, consultant, or customer).
Conduct prohibited by these policies is unacceptable in the workplace and any work-related setting outside the workplace, such as during business trips, business meetings, and business-related social events.
Reporting an Incident of Harassment, Discrimination, or Retaliation
Inshura encourages reporting all perceived discrimination, harassment, or retaliation incidents, regardless of the offender’s identity or position. Individuals who believe they have been the victim of such conduct should discuss their concerns with their immediate supervisor, any member of the personnel practices committee, human resources, or any ombudsman. See the complaint procedure described below.
In addition, Inshura encourages individuals who believe they are being subjected to such conduct to advise the offender that their behavior is unwelcome promptly and to request that it be discontinued. Often this action alone will resolve the problem. Inshura recognizes that an individual may prefer to pursue the matter through complaint procedures.
Complaint Procedure
Individuals who believe they have been the victims of conduct prohibited by this policy or have witnessed such conduct should discuss their concerns with their immediate supervisor, human resources, any member of the personnel practices committee, or any ombudsman.
Inshura encourages the prompt reporting of complaints or concerns so rapid and constructive action can be taken before relationships become irreparably strained. Therefore, while no fixed reporting period has been established, early reporting and intervention have proven to be the most effective method of resolving actual or perceived incidents of harassment.
Any reported harassment, discrimination, or retaliation allegations will be investigated promptly. The investigation may include individual interviews with the parties involved and, where necessary, with individuals who may have observed the alleged conduct or may have other relevant knowledge.
Inshura will maintain confidentiality throughout the investigatory process, consistent with adequate investigation and corrective action.
Retaliation against an individual for reporting harassment or discrimination or for participating in an investigation of a claim of harassment or discrimination is a serious violation of this policy and, like harassment or discrimination itself, will be subject to disciplinary action. Acts of retaliation should be reported immediately and will be promptly investigated and addressed. Misconduct constituting harassment, discrimination, or retaliation will be dealt with appropriately. Responsive action may include, for example, training, referral to counseling, or disciplinary action such as a warning, reprimand, withholding of a promotion or pay increase, reassignment, temporary suspension without pay, or termination, as Inshura believes appropriate under the circumstances.
If a party to a complaint does not agree with its resolution, that party may appeal to Inshura’s executive director or the Chief Operating Officer.
False and malicious complaints of harassment, discrimination, or retaliation (as opposed to complaints that, even if erroneous, are made in good faith) may be the subject of appropriate disciplinary action.
Effective Date: January 1, 2023
PRIVACY NOTICE STATEMENT
We are authorized to collect personally identifiable information (PII) from you by applicable federal and state laws.Any PII we collect is used to create and manage your account, and to communicate with you about your account. PII is also used to help you apply for financial help and/or enrolling in a Marketplace qualified health plan (QHP).
If you choose to give us PII, we may share this information with Centers for Medicare and Medicaid Services (“CMS”), and will be maintained in a federal System of Records. Your PII will also be shared with other related entities. See HOW INFORMATION MAY BE SHARED section for detail. PII is used or disclosed only for the limited purposes listed in the HOW INFORMATION MAY BE USED section below.
The requested PII is mandatory under the applicable laws and CMS requirements. If you chose not to provide us with the PII requested, or not to respond to certain questions, your application will be denied.
DEFINITIONS
As used in this Privacy Notice, the terms “Inshura,” “we,” and “us” refer to Inshura, and its parents and affiliates, members, managers, officers, directors, employees, contractors, and agents. If you accept this Privacy Notice as an employee or representative of a company or other legal entity, the terms “you” and “your” will refer to both you, personally, and any entity you represent.
This Privacy Notice describes how we collect, use, protect and share information about you we obtain when you access and use our Website (defined below), including when you register for an account or request a quote. This Privacy Notice also applies to information we obtain when you communicate or interact with us outside of our Website, including by email, telephone, and otherwise.
Your use of our Website is also governed by our Inshura Portal Grant of Limited License and Terms of Use (the “Terms of Use”), any additional terms provided to you in connection with certain features, functionality, tools, content, and promotions available on or through our Website (“Supplemental Terms”), and any policies and rules referenced or, posted on our Website, or otherwise communicated to our Users (the “Website Policies”). If a provision of the Terms of Use, Supplemental Terms, or Website Policies conflicts with this Privacy Notice, such provision shall control.
Please read this Privacy Notice carefully before using our Website or communicating with us. Changes to this Privacy Notice are discussed at the end of this document.
“Users” means any individuals that access or use our website, including applicants for health insurance, insurance agents, and other registered users. References to “access” and/or “use” of our Website (and any variations thereof) include the acts of accessing or browsing our Website and accessing or using the services, information, content, features, functionality, tools, and promotions available on or through the Website.
“Website” refers to any website owned, operated, or powered by Inshura (including the Website at https://www.inshura.com/). References to our “Website” include any services, information, content, features, functionality, tools, and promotions available on or through each Website.
BY ACCESSING OR USING OUR WEBSITE OR COMMUNICATING WITH US OUTSIDE OF OUR WEBSITE, YOU ARE ACCEPTING AND CONSENTING TO THE PRACTICES DESCRIBED IN THIS PRIVACY NOTICE, WHICH MAY BE UPDATED AND AMENDED FROM TIME TO TIME. IF YOU DO NOT AGREE TO THE TERMS OF THIS PRIVACY NOTICE, YOU MUST NOT ACCESS OR USE OUR WEBSITE OR OTHERWISE COMMUNICATE WITH US.
INFORMATION WE COLLECT
Information You Provide to Us
We collect information you provide directly to us, including when you register for an account, solicit a health insurance quote, prepare or submit a health insurance application directly or on behalf of another individual, use our Website, update your contact information, respond to a communication from us, or contact us with questions.
We may also collect information about you when you opt-in to receive text messages from us (such as when you sign up for health insurance). You may opt-in to receive such updates and offers by providing your mobile telephone number through our Website.
We may also collect information about you if a company or organization authorizes you to manage its account or use our Website on its behalf.
PII
Some of the information we may collect through your use of our Website or communications with us may identify you. The types of PII you may submit in connection with our Website include, but are not limited to:
Information Generated from Our Website
We also may collect certain technical information when you access, browse and use our Website, including information we automatically receive and record from your browser or mobile platform on our server logs. This technical information helps us operate and provide our Website to you and includes standard information about visits and system capabilities, such as:
Technical information from your use of our Website is treated as “Non-PII” unless it is combined with PII or otherwise required by applicable law.
Information from Other Sources
We may receive certain information about you from the organizations or entities on behalf of which we provide our Website to you and/or on behalf of which you access or use our Website. We may also supplement the technical information we collect from your use of our Website with information collected by third parties. Such third parties may include service providers, such as Google Inc., advertising partners, and ad networks that help us understand our Users and provide better service to our Users. Occasionally, we may compare or combine PII from third-party sources to/with other information we have collected. For example, we may obtain contact information from other sources to contact you if we think you or the company you represent would be interested in our Website.
HOW INFORMATION MAY BE USED
PII
We may use the PII we collect to:
Additionally, we may use your information as described in any notice provided when you provide the information and for any other purpose for which you may provide consent.
Non-PII
Besides the uses described above, we may also use Non-PII to:
We may also combine technical information, or Non-PII, about your use of our Website with information we obtain from other Users to use in an aggregate or anonymous manner for similar purposes.
HOW INFORMATION MAY BE SHARED
PII
We will not sell or share your PII with third parties for the third parties’ own direct marketing purposes without your express consent. We may share your PII with:
We may also share PII with law enforcement agencies, government officials, or other third parties for the purpose of:
Non-PII
In addition, we may share Non-PII, including aggregated or anonymized data:
Notice to California Residents / Your California Privacy Rights
The California Consumer Privacy Act (“CCPA”) provides California residents with certain rights regarding their personal information collected by businesses. If you are a California resident, please review Inshura’s California Privacy Notice.
COOKIES AND BEACONS
We may use cookies, beacons, and similar automatic data collection technologies, now or to support the functionality of our Website. These technologies help us provide a better experience when you visit our Website and allows us to improve our Website. The technologies we may use for this automatic data collection may include:
Our service providers, advertising partners, and ad networks may use cookies, beacons, and similar tracking technologies to collect and share Non-PII about your activities on our Website and on other Websites, including to provide you targeted advertising based upon your interests. In addition, third parties unaffiliated with us may also collect information about you, including tracking your browsing history when you use our Website. We do not have control over these third-party collection practices. If you wish to minimize these third-party collections, and you can adjust the settings of your browsers or install plug-ins and add-ins.
Ability to Limit
You may request us to limit the collection, creation, disclosure, access, maintenance, storage, and use of your PII solely to obtain our assistance in applying for health insurance and obtaining an eligibility determination and for performing related functions authorized and specified in our agreements with the Centers for Medicare and Medicaid Services (“CMS”). To request this limitation, email to support@Inshura.com.
Email Communications
You may have the opportunity to receive certain communications from us related to our Website. If you provide us with your email address to receive communications, you can opt-out of marketing emails at any time by following the instructions at the bottom of our emails and adjusting your email preferences. Certain emails may be necessary for operating our Website. You will continue to receive these emails, if appropriate, even if you unsubscribe from our optional communications.
Cookies/ Beacons
If you wish to minimize information collected by cookie or beacon, you can adjust the settings of your browsers to notify you when you receive a cookie, which lets you choose whether to accept it. You can also set your browser to automatically reject any cookies. You may also install plug-ins and add-ins that serve similar functions. However, please be aware that some features and services on our Website may not work properly if we cannot recognize and associate you with your account. In addition, the offers we provide when you visit us may not be as relevant to you or tailored to your interests.
Network Advertising Initiative
Certain Websites you visit may provide options regarding advertisements you receive. If you wish to minimize the amount of targeted advertising you receive, you can opt-out of certain network advertising programs through the Network Advertising Initiative (NAI) Opt-Out Page. Even if you remove your information (opt-out), you will still see advertisements while you’re browsing online. However, the advertisements you see may be less relevant to you. For more information or to opt-out of certain online behavioral advertising, please visit http://www.aboutads.info.
Additionally, many advertising network programs allow you to view and manage the interest categories they have compiled from your online browsing activities. These interest categories help determine the targeted advertisements you may receive. The NAI Opt–Out Page provides a tool that identifies its member companies with cookies on your browser and links to those companies.
Do Not Track
Some browsers support a “Do Not Track” (or DNT) feature, a privacy preference that Users can set in certain web browsers, which is intended to be a signal to Websites and services you do not wish to be tracked across different Websites or online services you visit. Our Website does not currently recognize or respond to DNT signals, so DNT settings do not change the way our Website operates.
We cannot control how third-party Websites or online services you visit through our Website respond to Do Not Track signals. Check the privacy policies of those third parties for information on their privacy practices.
Text Alerts
You may have the opportunity to receive certain information, updates, and/or offers from us via text communications. If you provide us with your mobile number to receive such communications, you can opt-out of receiving text messages at any time by contacting us at support@Inshura.com.
Updating Information
The accuracy of the information we have about you is important. To review, correct, or delete your PII, please update your account profile on our Website. or contact us as stated in the “Contact Us” section of this Privacy Notice.
We will retain your information for as long as your account is active or as needed to provide the Services. We will retain and use your information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements.
SECURING YOUR INFORMATION
The security of your information is important to Inshura, and we have established administrative, technical, and physical safeguards designed to protect your PII against unauthorized alteration, access, loss, theft, use, or disclosure. Unfortunately, no system can guarantee complete security of your information. Inshura cannot ensure or warrant that your information, including your PII, is secure from unauthorized third parties. Thus, your use of our Website and communication with us about them is at your own risk.
You protect your password(s), and for the security of information, you transmit to us over the internet.
CHILDREN
Our Website is directed to and is intended to be used only by persons 18 years of age or older. We do not knowingly collect information from children under 18. If you are under 18, you may not register for an account or otherwise submit any PII to us, including your name, address, or email address. By registering for an account or submitting any PII to us, you represent and warrant you are 18 years of age or older.
If we discover that we have received any PII directly from a child under the age of 18, we will suspend the associated account and remove that information from our database soon. By registering for an account or submitting any PII to us, you represent and warrant that you are 18 years of age or older. To avoid doubt, this restriction does not apply to information collected from a parent or legal guardian who provides information regarding a dependent child under the age of 18 with a health insurance application or other related purpose.
LINKS TO THIRD-PARTY WEBSITES
Our Website may contain links to third-party Websites and services, including those of third-party insurance providers and advertisers. These links are provided, and information and the Websites and services may operate independently from us and have their own privacy policies or notices, which we strongly suggest you review. This Privacy Notice applies to Inshura and our Website only. We accept no responsibility or liability for the policies or practices of any third parties. If you access any Websites or services linked from our Website, please check the applicable policies before you use or submit any personal data to such Website or service.
INTERNATIONAL JURISDICTIONS
Our Website is hosted in the United States (U.S.) and is subject to U.S. state and federal law. Our Website is not intended to subject Inshura to the privacy laws or jurisdiction of any state, country, or territory other than that of the U.S., including the European Union. Inshura does not represent that our Website is appropriate for any particular jurisdiction. Those who access our Website do so at their own initiative and comply with all local laws, rules, and regulations. If you are accessing our Website from other jurisdictions, you are transferring your personal information to us in the U.S., and by using our Website, you consent to that transfer and use of your personal information under this Privacy Notice. You also agree to abide by the applicable laws of applicable states and U.S. federal laws about your use of our Website and your agreements with us. Any persons accessing our Website from any jurisdictions with laws or regulations governing the use of the internet, including personal data collection, use, and disclosure, different from those of the jurisdictions mentioned above may only use our Website in a manner lawful in their jurisdiction. If your use of our Website would be unlawful in your jurisdiction, you may not use our Website.
CHANGES TO OUR PRIVACY NOTICE
Inshura may change this Privacy Notice occasionally. Any changes to this Privacy Notice will be reflected on this page, and the effective date will be stated at the top of this Privacy Notice. Unless stated otherwise, our current Privacy Notice applies to all information we have about you and your account. Users should regularly check this page for any changes to this Privacy Notice. Inshura will always post new versions of the Privacy Notice on our Website. If an amendment materially alters your rights or obligations, we may notify you of the amendment, such as by posting a notification to the home page of our Website or sending a notification to you at the address we have on file for you, if any.
Your continued use of our Website or communication with us after the updated Privacy Notice has been posted (or any other indication of your consent) will constitute your acceptance of the updated Privacy Notice.
We may condition your continued access to our Website on your consent to changes to this Privacy Notice.
CONTACT US
If you have questions relating to this Privacy Notice, or if you would like us to update information we have about you or your preferences, please contact us by email at support@Inshura.com, call us at 888-306-2590, or write to us at:
Inshura
2400 Louisiana Blvd. NE, Building 3
Albuquerque, NM 87110
Effective Date: May 1, 2022
This Privacy Notice Addendum for California Residents (the “California Privacy Addendum”) supplements the information in Inshura’s Privacy Notice (the “Privacy Notice”) and describes our collection and use of Personal Information. This California Privacy Addendum applies solely to all visitors, users, and others who reside in the State of California (“consumers” or “you”). We adopt this notice to comply with the California Consumer Privacy Act of 2018 (“CCPA”) and any terms defined in the CCPA have the same meaning when used in this notice.
Note that this California Privacy Addendum does not apply to employment-related personal information collected by a company or other organization about its employees, job applicants, contractors, or similar individuals used to administer those individuals’ (or their dependents’) benefits. Please contact your local human resources department if you are a California employee and would like additional information about how we process your Personal Information.
Where noted, this California Privacy Addendum also does not apply to personal information reflecting a written or verbal business-to-business communication (“B2B Personal Information”) between you and Inshura, which includes the personal information of applicable insurance agents. Unless otherwise noted, this exemption will expire on January 1, 2021.
Information We Will Collect
Our Website collects information that identifies, relates to, describes, references, can be associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or device (“personal information”). Inshura’s Website collects, and over the prior twelve (12) months have collected, these categories of personal information from our consumers:
Category
Applicable Pieces of Personal Information Collected
A. Identifiers.
A real name, postal address, unique personal identifier, online identifier, Internet Protocol address, email address, account name, Social Security number, employee number (when applicable), or other similar identifiers.
B. Personal information categories in the California Customer Records statute (Cal. Civ. Code § 1798.80(e)).
A name, signature, Social Security number, physical characteristics or description, address, telephone number, insurance policy number, employment, bank account number, credit card number, debit card number, or any other financial information, medical information, or health insurance information. Some personal information in this category may overlap with other categories.
C. Protected classification characteristics under California or federal law.
We may collect your age, medical condition, physical or mental disability, and sex (including gender, gender identity, gender expression, pregnancy or childbirth and related medical conditions) as necessary to request an insurance quote or enroll in insurance.
You may also voluntarily disclose your race, color, ancestry, national origin, citizenship, religion or creed, marital status, veteran or military status, genetic information (including familial genetic information), and sexual orientation.
D. Commercial information.
Records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies.
E. Internet or other similar network activity.
Browsing history, search history, information on a consumer’s interaction with a website, application, or advertisement.
F. Professional or employment-related information.
Current or past job history or performance evaluations.
Personal information does not include:
Use of Personal Information
We may use, “sell” for monetary or other valuable consideration, or disclose the personal information we collect and, over the prior twelve (12) months, have used, “sold” for monetary or other valuable consideration, or disclosed the personal information we have collected, for one or more of the business or commercial purposes described in our Privacy Notice.
Inshura will not collect additional categories of personal information or use the personal information we collected for materially different, unrelated, or incompatible purposes without providing you notice. Sources of Personal Information
Inshura obtains the categories of personal information listed above from the categories of sources described in our Privacy Notice.
Sharing Personal Information
Inshura may disclose your personal information to a third party for a business purpose or “sell” your personal information, subject to your right to opt-out of those sales (see Opt-Out and Opt-In Rights). When we disclose personal information for a business purpose, we enter a contract that describes the purpose and requires the recipient to both keep that personal information confidential and not use it for any purpose except performing the contract. The CCPA prohibits third parties who purchase the personal information we hold from reselling it unless you have received explicit notice and an opportunity to opt-out of further sales.
Disclosures of Personal Information for a Business Purpose
In the preceding twelve (12) months, Inshura has disclosed these categories of personal information for a business purpose to the listed categories of third parties:
A. Identifiers
1. Categories of Third Parties: Service providers; employers (when applicable); insurance companies and agents; affiliates, parents, and subsidiary organizations of Inshura; and CMS and other government entities.
B. California Customer Records personal information categories:
2. Categories of Third Parties: Service providers; employers (when applicable); insurance companies and agents; affiliates, parents, and subsidiary organizations of Inshura; and CMS and other government entities.
C. Protected classification characteristics under California or federal law:
3. Categories of Third Parties: Service providers; employers (when applicable); insurance companies and agents; affiliates, parents, and subsidiary organizations of Inshura; and CMS and other government entities.
D. Commercial information:
4. Categories of Third Parties: Service providers; employers (when applicable); insurance companies and agents; affiliates, parents, and subsidiary organizations of Inshura; and CMS and other government entities.
E. Internet or other similar network activity:
5. Categories of Third Parties: social media companies, Internet cookie information recipients, such as analytics and behavioral advertising services.
6. Professional or employment-related information:
7. Categories of Third Parties: Service providers; employers (when applicable); insurance companies and agents; affiliates, parents, and subsidiary organizations of Inshura; and CMS and other government entities.
Sales of Personal Information
In our general Privacy Notice , we do not sell your personal information as the term “sell” is commonly understood to require an exchange for money. However, the California State Attorney General may issue guidance on whether the use of advertising and analytics cookies on our Website may be considered a “sale” of Personal Information as the term “sale” is broadly defined in the CCPA to include both monetary and other valuable considerations. Until such guidance has been issued, we continue to consider it a “sale” (subject to the below exceptions) to be transparent with users of our Website and will comply with the restrictions of the “sale” of this information to the extent technologically feasible. [This “sale” would be limited to our use of third-party advertising and analytics cookies and their use in providing you behavioral advertising and their use in understanding how people use and interact with our Website(s).]
However, the CCPA does not consider disclosure to a third party when you use or direct us to intentionally disclose personal information or to interact with the third party as a “sale” of personal information, provided that the third party does not further “sell” your personal information. We consider no information that you provide to us to disclose it to insurance companies and agents to receive a quote or enroll in their insurance programs as a “sale” and will not be subject to the obligations below.
In the preceding twelve (12) months, Inshura has “sold” these categories of personal information to these categories of third parties for monetary or other valuable consideration:
Your Rights and Choices
The CCPA provides consumers (California residents) with specific rights regarding their personal information. This section describes your CCPA rights and explains how to exercise those rights. You may exercise these rights yourself or through your authorized agent.
Access to Specific Information and Data Portability Rights
You may request that Inshura disclose certain information to you about our collection and use of your personal information over the past 12 months. Once we receive and confirm your verifiable consumer request (see Exercising Access, Data Portability, and Deletion Rights), we will disclose to you: The categories of personal information we collected about you.
If you (or your authorized agent) submit a request to delete your information online, we will use a two-step process to confirm that you want your personal information deleted. This process may include verifying your request through your email address on record, calling you on your phone number on record (which may include the use of an automated dialer), sending you a text message and requesting that you text us a confirmation, or sending you a confirmation through US mail. If you fail to make your submission under the ways described above, we may either treat your request as if it had been submitted with our methods described above, or provide you with information on how to submit the request or remedy any deficiencies with your request.
Only you, or your agent you authorize to act on your behalf, may make a verifiable consumer request related to your personal information. You may also make a verifiable consumer request on behalf of your minor child, where applicable. To designate an authorized agent, see Authorized Agents below. We may request additional information so we may confirm a request to delete your personal information.
You may only make a verifiable consumer request for access or data portability twice within a 12-month period. The verifiable consumer request must:
We cannot respond to your request or provide you with personal information if we cannot verify your identity or authority to make the request and confirm the personal information relates to you. Making a verifiable consumer request does not require you to create an account with us. We will only use personal information provided in a verifiable consumer request to verify the requestor’s identity or authority to make the request.
For instructions on exercising sale opt-out rights, see Opt-Out and Opt-In Rights.
Authorized Agents
You may authorize your agent to exercise your rights under the CCPA on your behalf by registering your agent with the California Secretary of State. You may also provide your authorized agent with power of attorney to exercise your rights. If you authorize an agent, we may require that your agent provide proof they have been authorized to exercise your rights on your behalf. We may request that your authorized agent submit proof of identity We may deny a request from your agent to exercise your rights on your behalf if they fail to submit adequate proof of identity or adequate proof they have the authority to exercise your rights.
Response Timing and Format
We will respond to a verifiable consumer request within ten (10) days of its receipt. We will generally process these requests within forty-five (45) days of its receipt. If we require more time (up to 45 days), we will inform you of the reason and extension period in writing. We will deliver our written response by mail or electronically, at your option.
Any disclosures we provide will only cover the 12-month period preceding the verifiable consumer request’s receipt. The response we provide will also explain the reasons we cannot comply with a request, if applicable. For data portability requests, we will select a format to provide your personal information readily usable and should allow you to transmit the information from one entity to another entity without hindrance.
We do not charge a fee to process or respond to your verifiable consumer request unless it is excessive, repetitive, or manifestly unfounded. If we determine that the request warrants a fee, we will tell you why we made that decision and provide you with a cost estimate before completing your request. Opt-Out (meaning “Do Not Sell My Personal Information”) and Opt-In Rights Regarding the “Sale” of Your Personal Information.
If you are 16 years of age or older, you may direct us to not sell your personal information at any time (the “right to opt-out”). We do not sell the personal information of consumers we actually know are less than 16 years of age, unless we receive affirmative authorization (the “right to opt-in”) from either the consumer who is between 13 and 16 years of age, or the parent or guardian of a consumer less than 13 years of age. Consumers who opt-in to personal information sales may opt-out of future sales.
To exercise the right to opt-out, you (or your authorized representative) may click here, or you may adjust your cookie preferences by setting your browser to refuse all or some browser cookies, or to alert you when cookies are being sent. However, if you do not consent to our use of cookies or select this setting you may not access certain parts of our Website or other websites. You can find more information about cookies at http://www.allaboutcookies.org and http://youronlinechoices.eu.
Non-Discrimination
We will not discriminate against you for exercising any of your CCPA rights. Unless permitted by the CCPA, we will not:
Changes to This California Privacy Addendum
Inshura reserves the right to amend this California Privacy Addendum as described in our Privacy Notice. Your continued use of our Website following posting changes constitutes your acceptance of such changes.
Contact Information
If you have any questions about this California Privacy Addendum, how Inshura collects and uses your information described above and in the Privacy Notice, your choices and rights regarding such use, please contact us through the contact information provided in the Privacy Notice.
These Terms of Use shall apply to each person (referred to as "User” or “you”) who accesses (also referred to as “uses”) www.Inshura.com (the "Portal"). Please read these terms (referred to as “Terms of Use”) Use carefully. By accessing or using the Portal, you accept and agree to be bound and abide by these Terms of Use and any other documents incorporated in these Terms of Use by reference. If you do not want to agree to these Terms of Use, you must not access or use the Portal.
1. Who may use the Portal
The Portal is intended only for users 18 or older and who reside in the United States (including in any of its territories or possessions). By agreeing to these Terms of Use, you represent and warrant that: (a) you are at least 18 years old and reside in the United States or its territories; (b) you have not been suspended or removed from the Portal, and (c) your use of the Portal complies with any applicable laws and regulations, and you will use the Portal only or yourself or on behalf of an entity, organization or company ("Entity")you represent. If you use the Portal on behalf of an Entity, you represent and warrant you have the authority to bind that Entity to these Terms of Use and you agree to be bound by these Terms of Use individually and on behalf of that entity. If you use the Portal only for yourself, you agree to be bound by these Terms of Use individually. You must not access or use the Portal if you do not meet these eligibility requirements.
2. Limited License
Subject to these Terms of Use, Inshura " ("Inshura" ") grants to User a limited, non-exclusive, non-assignable, non-transferable license to access and use the Portal for the permitted purposes set forth herein. Any other use or exploitation of the Portal or any content, code, information, data, or other materials transmitted through the Portal is strictly prohibited. You shall not use any trademark, trade name, service mark, icon, logo, or other indicators of Inshura without Inshura's advance, express, written permission. All rights not granted to User are reserved for Inshura.
3. Account
To use the features of the Portal, you must establish an (“Account”) and obtain a login name(“User ID”) and password ("Account Credentials"). You authorize Inshura to process any account transactions initiated through your Account Credentials, and you accept responsibility for all activities under your Account. You are solely responsible for maintaining the confidentiality of your Account Credentials. If you believe your Account is no longer secure, you must immediately notify us at support@Inshura.com. Inshura shall not be liable for the unauthorized use or misuse of your Account or Account Credentials.
4. Additional Terms
You are prohibited from violating or attempting to violate the security of the Portal.
You agree not to share or disclose your Account Credentials with or to any third party. You agree that you are responsible for all activity under your User ID. You shall be responsible for any access to or use of the Portal by yourself or by any person or entity using your Account Credentials, whether or not you have authorized such access or use.
You may use no automated means to access or copy data on the Portal, link to any feature or content on the website, or bypass the measures we may use to prevent or restrict access to the Portal.
You agree not to use any device, software, or routine to interfere or attempt to interfere with the proper working of this site or any activity conducted on this site.
Violations of system or network security by you may result in civil or criminal liability. Inshura will investigate occurrences that may involve such violations and may involve and cooperate with law enforcement authorities in prosecuting users involved in such violations.
Inshura shall have the right, in its sole discretion, to deactivate your Account or reset an ' 'Agent's ayour Account Credentials for any reason.
5. Acceptable Use of the Portal
You may use,and by using the Portal, agree to use the Portal only for lawful and proper purposes.You may not use,and by using the Portal, agree not to use the Portal for any unlawful or improper purposes.Unlawful or improper purposes include but are not limited to the following, and you agree not to do any of the following:
Inshura shall have the right, in its sole discretion, to deactivate your Account if it believes that you have done any of the above or have otherwise violated any duty or obligation under these Terms of Use. Such duties and obligations are referred to as the “Acceptable Use Policy”.
6. Usage Monitoring and Auditing by Inshura
To ensure that the information provided through the Portal and HealthCare.gov remains accurate and available to you and all other visitors, we monitor network traffic to identify unauthorized attempts to upload or change information or otherwise cause damage to the websites. Use of the Portal and HealthCare.gov constitutes consent to such monitoring and auditing. Unauthorized attempts to upload and/or change information on these websites are strictly prohibited and subject to prosecution under the Computer Fraud and Abuse Act of 1986 and Title 18 USC Sec.1001 and 1030.
7. Accuracy of Information You Provide
You agree to provide true, current, complete, and accurate information about you as required by law and to maintain and update that information as needed to keep it current, complete, and accurate. You agree that all information you submit through the Portal and to Healthcare.gov is accurate and complete to the best of your knowledge.
8. Responsibility for Financial Information You Provide
You are solely responsible for the credit card or bank account information you provide to Inshura and must promptly inform Inshura of any changes to it (e.g., change of expiration date or account number). We are neither responsible for any consequences resulting from your failure to provide such notice nor for your providing outdated, incomplete, or inaccurate information.
9. Personally Identifiable Information
You agree and ensure that any personally identifiable information ("PII") provided, collected or transmitted through the Portal either belongs to you or was obtained by you with proper consent and authority.You shall implement safeguards to protect all PII in your possession and control or that resides in your Account on the Portal and shall comply with all applicable federal and State laws governing the use and disclosure of PII.You shall be responsible for any unauthorized use or disclosure of PII in your possession and control or that resides in your Account on the Portal, except to the extent that such unauthorized use or disclosure of PII was directly caused by Inshura unless you failed to obtain proper consent and authority to collect or transmit such PII through the Portal. You shall notify all affected individuals of any unauthorized use or disclosure per applicable law at ' your sole cost and expense. You shall be solely responsible for unauthorized use or disclosure of PII resulting from a compromise of your Account Credentials, except to the extent such compromise was directly caused by Inshura.Agent shall indemnify, defend, and hold Inshura and its employees, agents, officers, and directors harmless against any claims, damages, fines, penalties, costs, expenses (including reasonable 'attorneys' fees), or other liabilities arising out of or related to unauthorized use or disclosure of PII resulting from (i)your Account Credentials, (ii)your failure to use and follow reasonable safeguards to protect the confidentiality of PII in your possession or control, and (iii) any other cause not directly attributable to Inshura.
10.Compliance with Applicable Law
You agree to comply with and remain in compliance with all applicable federal and state laws including, but not limited to:
11. Intellectual Property
The Portal and its entire contents, features, and functionality, including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof (collectively, "Content"), are owned by Inshura, healthcare.gov, or other providers of such material and are protected by the United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.
These Terms of Use permit you a limited license to access and use the Portal for the permitted purposes set forth herein. Nothing herein transfers any right or license to the underlying code of the Portal.
No right, title, or interest in or to the Portal or any content on the Portal is transferred to you, and all rights not granted to you herein are reserved by Inshura. Any use of the Portal not permitted by these Terms of Use violates these Terms of Use and may violate copyright, trademark, and other laws.
12. Trademarks
Inshura's name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of Inshura. You must not use such marks without the prior written permission of Inshura. All other names, logos, product and service names, designs, and slogans on the Portal are the trademarks of their respective owners.
13.Representations and Warranties
You, represent, warrant, and covenant that:
14. Accuracy of Content and Quotes
Inshura makes no representations, warranties, or guarantees as to the correctness or accuracy of the Portal and the content on the Portal. The Portal might include typographical errors, inaccuracies, or other errors, and that unauthorized additions, deletions, and alterations could be made to the Portal by third parties. If you learn of an inaccuracy, inform Inshura so it can be corrected. Inshura reserves the right to correct any inaccuracies on the Portal without notice unilaterally. Information on the Portal may be changed or updated without notice. Additionally, Inshura shall have no responsibility or liability for information or content posted to the Portal from any non-Inshura-affiliated third party.
Inshura's quotes could change based on additional or contradictory information that emerges during the final insurance underwriting process. Additionally, if a quote shows an incorrect price due to typographical error or pricing information received from our carriers, the correct quotation based on our 'carriers' filed rates shall be controlled.
Product information and descriptions on the Portal are not intended to be complete descriptions of all applicable terms, exclusions, and conditions but are provided solely for informational purposes. You agree to refer to the actual policy for complete coverage details under a specific policy.
15. Disclaimer as to Content
The content of the Portal, including, without limitation, text, copy, audio, video, photographs, illustrations, graphics, and other visuals, is for informational purposes only and does not constitute professional medical advice, diagnosis, treatment, or recommendations of any kind. Inshura does not recommend or endorse any specific tests, physicians, products, procedures, opinions, or other information that may be included on the Portal. Reliance on any information appearing on the Portal is solely at your own risk.
THE CONTENT CONTAINED IN THE PORTAL IS PROVIDED BY INSHURA FOR GENERAL INFORMATIONAL PURPOSES ONLY AND DOES NOT CONSTITUTE A SPECIFIC RECOMMENDATION OR ADVICE. SUCH CONTENT IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, AND IS SUBJECT TO CHANGE WITHOUT NOTICE. YOUR USE OF THE PORTAL IS AT YOUR SOLE RISK, AND YOU ASSUME ALL LIABILITY IN RELATION TO IT.
16. Portal Availability
Inshura cannot and does not guarantee that you will be able to access Inshura 's server at any given time. Inshura represents that it shall make commercially reasonable efforts to ensure that its server is available widely and with as little service interruption as possible. Inshura shall not be liable for any damages arising out of the unavailability of the Portal.
17. Portal Security
Inshura has security measures in place to mitigate risk and uses commercially reasonable procedures and technologies to help protect the confidentiality of any PII collected through the Portal under CMS requirements. You agree that no website can be protected against intentional or malicious intrusion attempts despite our precautions. Inshura does not control the devices, computers, or network through which you access the Portal or over which you may send PII or payment information to the Portal and, therefore, cannot prevent potential interceptions or compromises to your information while in transit to the Portal. Inshura makes no guarantee to Agent as to the security, integrity, or confidentiality of any information transmitted to or from the Portal.
Inshura makes no representations about any other website you may access through the Portal. You agree that when you access a non-Inshura website, it is independent of Inshura and that Inshura has no control over its content. Additionally, a link to a non- Inshura website does not mean that Inshura endorses or accepts any responsibility for the content, or the use, of the linked website. If you access the third-party websites linked to the Portal, you do this at your own risk.
18. DISCLAIMER OF WARRANTIES
THE PORTAL, INCLUDING, WITHOUT LIMITATION, ALL CONTENT, FUNCTION, MATERIALS, AND SERVICES PROVIDED THROUGH THE PORTAL ARE PROVIDED "AS IS" AND "AS AVAILABLE. " "INSHURA MAKES NO EXPRESS OR IMPLIED WARRANTIES OR GUARANTEES ABOUT THE PORTAL. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, INSHURA HEREBY DISCLAIMS ALL SUCH WARRANTIES WITH RESPECT TO THE PORTAL, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ANY WARRANTY FOR INFORMATION, DATA, DATA PROCESSING SERVICES, OR UNINTERRUPTED ACCESS, AND ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, COMPLETENESS, USEFULNESS, OR CONTENT OF INFORMATION. INSHURA DOES NOT WARRANT OR REPRESENT THAT ANY MATERIAL ON THE PORTAL IS ACCURATE, COMPLETE, CURRENT, RELIABLE, OR ERROR-FREE OR THAT DEFECTS WILL BE CORRECTED. INSHURA MAKES NO WARRANTY THAT THE PORTAL WILL MEET 'AGENTS' EXPECTATIONS OR REQUIREMENTS. NO INFORMATION OR MATERIALS, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH THE PORTAL SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. IF YOU ARE DISSATISFIED WITH THE PORTAL, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE PORTAL. YOU AGREE THAT YOUR USE OF THE PORTAL IS SOLELY AT YOUR OWN RISK.
WARRANTIES RELATING TO PRODUCTS OR SERVICES OFFERED, SOLD AND FACILITATED BY AND THROUGH INSHURA ARE SUBJECT TO SEPARATE WARRANTY TERMS AND CONDITIONS, IF ANY, PROVIDED WITH OR IN CONNECTION WITH THE APPLICABLE PRODUCTS OR SERVICES.
19. LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL INSHURA OR ITS REPRESENTATIVES BE LIABLE FOR DAMAGES OF ANY KIND UNDER ANY LEGAL THEORY (WHETHER IN CONTRACT, TORT, OR OTHERWISE), ARISING OUT OF OR IN CONNECTION WITH (A) YOUR USE OF THE PORTAL; (B) YOUR INABILITY TO USE OR ACCESS THE PORTAL; (C) UNAUTHORIZED USE OF YOUR ACCOUNT CREDENTIALS; (D) ANY INFORMATION, CONTENT OR FUNCTIONALITY OFFERED THROUGH THE PORTAL; (E) ANY TRANSACTION CONDUCTED THROUGH OR FACILITATED BY THE PORTAL; (F) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, DEFICIENCIES OR OTHER INACCURACIES IN THE PORTAL; (G) ANY UNAUTHORIZED ACCESS TO, USE, DISCLOSURE OR ALTERATION OF, YOUR TRANSMISSIONS OF DATA INCLUDING, WITHOUT LIMITATION, PERSONALLY IDENTIFIABLE INFORMATION; (H) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE PORTAL; OR (I) ANY EVENT BEYOND INSHURA'S REASONABLE CONTROL. TO THE EXTENT ANY OF THE FOREGOING LIMITATIONS OF LIABILITY ARE NOT ENFORCEABLE, ' 'INSHURA'S MAXIMUM AGGREGATE LIABILITY IN RELATION TO ANY EVENT OR SERIES OF RELATED EVENTS WILL BE LIMITED TO ONE HUNDRED DOLLARS ($100). IN NO EVENT SHALL INSHURA BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES EVEN IF INSHURA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE EXTENT: A STATE DOES NOT PERMIT THE EXCLUSION OR LIMITATION OF LIABILITY AS SET FORTH HEREIN, INSHURA'S LIABILITY IS LIMITED TO THE EXTENT PERMITTED BY LAW IN SUCH STATES.
20. Indemnification
To the extent permitted by law, you agree to release, indemnify, defend and hold Inshura and its agents, employees, officers, directors, shareholders, contractors, affiliates, and assigns harmless from all claims, damages, fines, penalties, costs, expenses (including reasonable attorneys' fees), or any other liabilities relating to or arising out of (a) the breach of your representations, warranties, and obligations under these Terms of Use; (b) use of the Portal other than as permitted by these Terms of Use by you or anyone using your Account Credentials, whether authorized by you or not; (c) infringement of any intellectual property or other proprietary rights of any third party by you; (d) violation of Inshura's Acceptable Use Policy incorporated herein or other operating rules or policies communicated to you by Inshura; or (e) any information or data you supplied to Inshura. The obligations will survive any termination of your Account or these Terms of Use.
21. Suspension by Inshura and Termination by User
Inshura may suspend or terminate your Account at any time or for no reason, with or without notice. You may terminate your Account by following the notice provision herein. Inshura reserves the right to modify or discontinue the Portal at any time (including by limiting or discontinuing certain features of the Portal), temporarily or permanently, with reasonable notice as determined solely by Inshura, or without notice. Inshura will have no liability for any change to the Portal or any suspension or termination of your access to or use of the Portal.
22. Authority to Modify Portal and Revise Terms of Use
Inshura may upgrade, modify, change or enhance the Portal and convert User to a new version of the Portal or revise these Terms of Use in its sole discretion, with or without notice. Any such revision or change will be binding after posting of the revised Terms of Use or change to the Portal on Inshura's website or upon notification to you by email. By continuing to use the Portal after any revision to these Terms of Use or change in the Portal, you agree to abide by and be bound by any such revisions or changes. If you do not agree to such revisions or changes, you may terminate your Account according to these Terms of Use. Designated legal notices or terms may supersede certain provisions of these Terms of Use on particular pages within this website.
23. Inshura's Use of Data Provided by Agent Through the Portal
If you are an insurance agent or broker, Inshura may use information you provide through your Account (such as your name, National Producer Number, carrier appointment settings, etc.) to display advertisements from select partners within your Account for which Inshura may receive compensation. If your Account is terminated due to any violation of these Terms of Use, Inshura reserves the right to share your name, National Producer Number, and that your Account was terminated with any insurance carriers with whom you have indicated that you are appointed and with any insurance regulators with jurisdiction over your license(s). Inshura may also use and disclose to third parties de-identified, aggregated data from the Portal for reports, metrics, media releases, and any other uses permissible by law.
24. Non-Appointed Agent Referrals
If you are an insurance agent or broker, you may enroll clients in health plans offered by insurance carriers with whom you are not appointed through the Portal under Inshura's Agent Referral Program. Inshura will be the Agent of record for such health plan, but you will continue to have access to your client's enrollment information through the Portal to provide servicing and renewal assistance unless the client requests that Inshura revoke your access to such information.
25. General Terms
A. Entire Agreement. These Terms of Use, including our Acceptable Use Policy incorporated herein, Privacy Notice , and, if applicable, Privacy Notice Addendum for California Residents constitute the entire agreement between you and Inshura relating to your use of the Portal and supersede any previous agreements, understandings, representations and warranties (both oral and written) regarding your use of the Portal.
B. Assignment. You may not assign or transfer these Terms of Use or your rights under these Terms of Use, in whole or in part, by law or otherwise, without our prior written consent. We may assign these Terms of Use at any time without notice or consent.
C. No Waiver. Failing to require performance of any provision of these Terms of Use will not affect our right to require performance at any other time after that, nor will a waiver by us of any breach or default of these Terms of Use, or any provision of these Terms of Use, be a waiver of any subsequent breach or default or a waiver of the provision itself.
D. Use of Headings. Use of section headers in these Terms of Use is for convenience only and will not affect the interpretation of any provision. Throughout these Terms of Use, using the word "including" " means "including but not limited to."
E. Severability. If any part of these Terms of Use is held to be invalid or unenforceable, the unenforceable part will be given effect to the greatest extent possible, and the remaining parts will remain in full force and effect.
F. Notices. Except as provided otherwise herein, all notices to Inshura shall be in writing (either paper or electronic format) and delivered either via email to contact@Inshura.com or via postal mail to Inshura, 2400 Louisiana Blvd NE, Albuquerque, NM 87110, which postal mail address is the "Notice Address" for legal claims. All notices to you shall be delivered to your mailing address or email address as provided in your account information (as updated by you under these Terms of Use). You authorize us to contact you as our customer via telephone at the number provided by you in your account information, email, or postal mail regarding information we deem potentially interests you. Notices and announcements may include commercial emails and other notices describing changes, upgrades, new products, and services, or other relevant matters.
G. Dispute Resolution and Arbitration. You agree that disputes arising under these Terms of Use will be resolved by binding, individual arbitration. By accepting these Terms of Use, YOU AND INSHURA ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN ANY CLASS ACTION OR REPRESENTATIVE PROCEEDING. Your rights will be determined by a neutral arbitrator instead of a judge or jury. Any arbitration between you and Inshura will be settled under the Federal Arbitration Act and administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules (collectively, "AAA Rules"). Notwithstanding the foregoing, nothing in these Terms of Use will be deemed to waive, preclude, or otherwise limit the right of either party to (a) pursue enforcement action through the applicable federal, State, or local governmental agency if that right of action is available; (b) seek injunctive relief in a court of law in aid of arbitration, or (c) to file suit in a court of law to address an intellectual property infringement claim.
If you desire to assert a claim against Inshura, and you, therefore, elect to seek arbitration, you must first send to Inshura, by certified mail, a written notice of your claim ("Notice"). The Notice to Inshura should be addressed to the Notice Address. If Inshura desires to assert a claim against you and therefore elects to seek arbitration, it will send, by certified mail, a written Notice to the most recent address we have on file or otherwise in our records for you. A Notice, whether sent by you or by Inshura, must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought ("Demand"). If you and Inshura do not agree to resolve the claim within 30 days of receiving the Notice, you may commence an arbitration proceeding. Any settlement offer made by Inshura or you during the arbitration shall not be disclosed to the arbitrator. You may download or copy a form Notice and a form to initiate arbitration from the AAA at www.adr.org. If you must pay a filing fee after Inshura receives Notice at the Notice Address you have commenced arbitration, it will promptly reimburse you for your payment of the filing fee, unless your claim is for more than US $2,000. The AAA Rules and Forms are available online at www.adr.org , by calling the AAA at 1-877-495-4185 or requesting them from us by writing to us at the Notice Address. The arbitrator is bound by the terms of these Terms of Use. All issues are for the arbitrator to decide, including issues relating to the scope and enforceability of these Terms of Use, including this arbitration agreement. Unless you and Inshura agree otherwise, any arbitration hearings will take place in Albuquerque, New Mexico. The payment of all filing, administration, and arbitrator fees will be governed by the AAA Rules. Each party shall pay for its own costs and attorneys' fees, if any. However, if any party prevails on a statutory claim that affords the prevailing party attorneys' fees, or if a written agreement provides for payment or recovery of attorneys' fees, the arbitrator may award reasonable fees to the prevailing party under the standards for fee shifting provided by law.
YOU AND INSHURA AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless you and Inshura agree otherwise, the arbitrator may not consolidate more than one person's claims with your claims and may not otherwise preside over any form of a representative or class proceeding. The arbitrator may award declaratory or injunctive relief only for the individual party seeking relief and only for providing relief warranted by that party's individual claim.
H. Governing Law. These Terms of Use are governed by the laws of the State of New Mexico without regard to conflicts of law principles. You and Inshura agree to submit to the personal and exclusive jurisdiction of the state courts and federal courts within Bernalillo County, New Mexico, for resolution of any lawsuit or court proceeding permitted under these Terms of Use.
I. No Third-Party Rights. Except as otherwise in these Terms of Use, these Terms of Use benefit you and Inshura and are not intended to benefit any third party or be enforceable by any third party. Exercising our and your rights in relation to these Terms of Use is not subject to the consent of any third party.
J. Privacy Policy. Our Privacy Notice and, if applicable, Privacy Notice Addendum for California Residents contains information relating to our collection, use, storage, and disclosure of personal information and payment information. The Privacy Policy is incorporated by this reference into and made a part of these Terms of Use.
K. Additional Terms. Your use of the Portal is subject to all additional terms, policies, rules, or guidelines applicable to the Portal or certain features of the Portal we may communicate to you (the "Additional Terms"). All Additional Terms are incorporated by this reference into and made a part of these Terms of Use.
L. Consent to Electronic Communications. By providing us with your contact information, you agree to receive communications, including via email, voice calls, and text messages from or on behalf of Inshura at the email address or telephone number you provided, even if that number is on a national or state "Do Not Call Registry."""."These calls will be for purposes related to your use of the Portal or our other services, such as to provide you with help or information on using the Portal. Standard text messaging and telephone minute charges applied by your cell phone carrier may apply. Inshura may, without further Notice or warning and in our discretion, monitor and/or record telephone conversations for our business purposes, such as quality assurance and training purposes, and to protect our rights and the rights of others. YOU WILL HAVE THE ABILITY TO IF YOU WISH TO OPT-OUT OF MARKETING EMAILS AND TEXTS BY FOLLOWING THE APPLICABLE "UNSUBSCRIBE" OR "OPT-OUT" INSTRUCTIONS. You may continue to receive communications while we process your unsubscribe or opt-out request, and you may also receive a communication confirming the receipt of your opt-out request.
Effective Date: May 1, 2022
This Privacy Notice Addendum for California Residents (the “California Privacy Addendum”) supplements the information in Inshura’s Privacy Notice (the “Privacy Notice”) and describes our collection and use of Personal Information. This California Privacy Addendum applies solely to all visitors, users, and others who reside in the State of California (“consumers” or “you”). We adopt this notice to comply with the California Consumer Privacy Act of 2018 (“CCPA”) and any terms defined in the CCPA have the same meaning when used in this notice.
Note that this California Privacy Addendum does not apply to employment-related personal information collected by a company or other organization about its employees, job applicants, contractors, or similar individuals used to administer those individuals’ (or their dependents’) benefits. Please contact your local human resources department if you are a California employee and would like additional information about how we process your Personal Information.
Where noted, this California Privacy Addendum also does not apply to personal information reflecting a written or verbal business-to-business communication (“B2B Personal Information”) between you and Inshura, which includes the personal information of applicable insurance agents. Unless otherwise noted, this exemption will expire on January 1, 2021.
Our Website collects information that identifies, relates to, describes, references, can be associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or device (“personal information”). Inshura’s Website collects, and over the prior twelve (12) months have collected, these categories of personal information from our consumers:
A real name, postal address, unique personal identifier, online identifier, Internet Protocol address, email address, account name, Social Security number, employee number (when applicable), or other similar identifiers.
A name, signature, Social Security number, physical characteristics or description, address, telephone number, insurance policy number, employment, bank account number, credit card number, debit card number, or any other financial information, medical information, or health insurance information. Some personal information in this category may overlap with other categories.
We may collect your age, medical condition, physical or mental disability, and sex (including gender, gender identity, gender expression, pregnancy or childbirth and related medical conditions) as necessary to request an insurance quote or enroll in insurance.
You may also voluntarily disclose your race, color, ancestry, national origin, citizenship, religion or creed, marital status, veteran or military status, genetic information (including familial genetic information), and sexual orientation.
Records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies.
Browsing history, search history, information on a consumer’s interaction with a website, application, or advertisement.
Current or past job history or performance evaluations.
We may use, “sell” for monetary or other valuable consideration, or disclose the personal information we collect and, over the prior twelve (12) months, have used, “sold” for monetary or other valuable consideration, or disclosed the personal information we have collected, for one or more of the business or commercial purposes described in our Privacy Notice.
Inshura will not collect additional categories of personal information or use the personal information we collected for materially different, unrelated, or incompatible purposes without providing you notice. Sources of Personal Information
Inshura obtains the categories of personal information listed above from the categories of sources described in our Privacy Notice.
Inshura may disclose your personal information to a third party for a business purpose or “sell” your personal information, subject to your right to opt-out of those sales (see Opt-Out and Opt-In Rights). When we disclose personal information for a business purpose, we enter a contract that describes the purpose and requires the recipient to both keep that personal information confidential and not use it for any purpose except performing the contract. The CCPA prohibits third parties who purchase the personal information we hold from reselling it unless you have received explicit notice and an opportunity to opt-out of further sales.
In the preceding twelve (12) months, Inshura has disclosed these categories of personal information for a business purpose to the listed categories of third parties:
2. Categories of Third Parties: Service providers; employers (when applicable); insurance companies and agents; affiliates, parents, and subsidiary organizations of Inshura; and CMS and other government entities.
3. Categories of Third Parties: Service providers; employers (when applicable); insurance companies and agents; affiliates, parents, and subsidiary organizations of Inshura; and CMS and other government entities.
4. Categories of Third Parties: Service providers; employers (when applicable); insurance companies and agents; affiliates, parents, and subsidiary organizations of Inshura; and CMS and other government entities.
5. Categories of Third Parties: social media companies, Internet cookie information recipients, such as analytics and behavioral advertising services.
6. Professional or employment-related information:
7. Categories of Third Parties: Service providers; employers (when applicable); insurance companies and agents; affiliates, parents, and subsidiary organizations of Inshura; and CMS and other government entities.
In our general Privacy Notice , we do not sell your personal information as the term “sell” is commonly understood to require an exchange for money. However, the California State Attorney General may issue guidance on whether the use of advertising and analytics cookies on our Website may be considered a “sale” of Personal Information as the term “sale” is broadly defined in the CCPA to include both monetary and other valuable considerations. Until such guidance has been issued, we continue to consider it a “sale” (subject to the below exceptions) to be transparent with users of our Website and will comply with the restrictions of the “sale” of this information to the extent technologically feasible. [This “sale” would be limited to our use of third-party advertising and analytics cookies and their use in providing you behavioral advertising and their use in understanding how people use and interact with our Website(s).]
However, the CCPA does not consider disclosure to a third party when you use or direct us to intentionally disclose personal information or to interact with the third party as a “sale” of personal information, provided that the third party does not further “sell” your personal information. We consider no information that you provide to us to disclose it to insurance companies and agents to receive a quote or enroll in their insurance programs as a “sale” and will not be subject to the obligations below.
In the preceding twelve (12) months, Inshura has “sold” these categories of personal information to these categories of third parties for monetary or other valuable consideration:
The CCPA provides consumers (California residents) with specific rights regarding their personal information. This section describes your CCPA rights and explains how to exercise those rights. You may exercise these rights yourself or through your authorized agent.
You may request that Inshura disclose certain information to you about our collection and use of your personal information over the past 12 months. Once we receive and confirm your verifiable consumer request (see Exercising Access, Data Portability, and Deletion Rights), we will disclose to you: The categories of personal information we collected about you.
If you (or your authorized agent) submit a request to delete your information online, we will use a two-step process to confirm that you want your personal information deleted. This process may include verifying your request through your email address on record, calling you on your phone number on record (which may include the use of an automated dialer), sending you a text message and requesting that you text us a confirmation, or sending you a confirmation through US mail. If you fail to make your submission under the ways described above, we may either treat your request as if it had been submitted with our methods described above, or provide you with information on how to submit the request or remedy any deficiencies with your request.
Only you, or your agent you authorize to act on your behalf, may make a verifiable consumer request related to your personal information. You may also make a verifiable consumer request on behalf of your minor child, where applicable. To designate an authorized agent, see Authorized Agents below. We may request additional information so we may confirm a request to delete your personal information.
You may only make a verifiable consumer request for access or data portability twice within a 12-month period. The verifiable consumer request must:
We cannot respond to your request or provide you with personal information if we cannot verify your identity or authority to make the request and confirm the personal information relates to you. Making a verifiable consumer request does not require you to create an account with us. We will only use personal information provided in a verifiable consumer request to verify the requestor’s identity or authority to make the request.
You may authorize your agent to exercise your rights under the CCPA on your behalf by registering your agent with the California Secretary of State. You may also provide your authorized agent with power of attorney to exercise your rights. If you authorize an agent, we may require that your agent provide proof they have been authorized to exercise your rights on your behalf. We may request that your authorized agent submit proof of identity We may deny a request from your agent to exercise your rights on your behalf if they fail to submit adequate proof of identity or adequate proof they have the authority to exercise your rights.
We will respond to a verifiable consumer request within ten (10) days of its receipt. We will generally process these requests within forty-five (45) days of its receipt. If we require more time (up to 45 days), we will inform you of the reason and extension period in writing. We will deliver our written response by mail or electronically, at your option.
Any disclosures we provide will only cover the 12-month period preceding the verifiable consumer request’s receipt. The response we provide will also explain the reasons we cannot comply with a request, if applicable. For data portability requests, we will select a format to provide your personal information readily usable and should allow you to transmit the information from one entity to another entity without hindrance.
We do not charge a fee to process or respond to your verifiable consumer request unless it is excessive, repetitive, or manifestly unfounded. If we determine that the request warrants a fee, we will tell you why we made that decision and provide you with a cost estimate before completing your request. Opt-Out (meaning “Do Not Sell My Personal Information”) and Opt-In Rights Regarding the “Sale” of Your Personal Information.
If you are 16 years of age or older, you may direct us to not sell your personal information at any time (the “right to opt-out”). We do not sell the personal information of consumers we actually know are less than 16 years of age, unless we receive affirmative authorization (the “right to opt-in”) from either the consumer who is between 13 and 16 years of age, or the parent or guardian of a consumer less than 13 years of age. Consumers who opt-in to personal information sales may opt-out of future sales.
To exercise the right to opt-out, you (or your authorized representative) may click here, or you may adjust your cookie preferences by setting your browser to refuse all or some browser cookies, or to alert you when cookies are being sent. However, if you do not consent to our use of cookies or select this setting you may not access certain parts of our Website or other websites. You can find more information about cookies at http://www.allaboutcookies.org and http://youronlinechoices.eu.
We will not discriminate against you for exercising any of your CCPA rights. Unless permitted by the CCPA, we will not:
Inshura reserves the right to amend this California Privacy Addendum as described in our Privacy Notice. Your continued use of our Website following posting changes constitutes your acceptance of such changes.
If you have any questions about this California Privacy Addendum, how Inshura collects and uses your information described above and in the Privacy Notice, your choices and rights regarding such use, please contact us through the contact information provided in the Privacy Notice.
Benefitalign®, LLC and its subsidiaries (“Benefitalign®”, “We” or “we”) take your privacy seriously and committed to protecting the personal information that you provide to us. This privacy statement covers our corporate website, www.Benefitalign.com and explains our policies and practices regarding the use and disclosure of your personal information collected by us.
benefitalign® reviews and updates this policy from time to time as needed without notice. Therefore, we advise you to review this policy periodically on the Website.
In general, you can visit our Website without explicitly providing us any personal information. However, certain services offered on this Website may require you to enter a varying amount of a user’s personal information. This information includes user registration data such as user’s name, phone number, Email address, Title, etc. Also, as with many other web servers, we may collect and log tracking information via Website request data and response data. This policy applies to all information (User Information) collected by the Website.
Benefitalign® is committed to the privacy of the User Information collected by the Website and will not transfer any personal information to any outside parties. Any requested information is for internal Benefitalign use only. For any correction or amendment in PII data, you may contact at contact@benefitalign.com
We do not share information about individual users or the organizations they represent for marketing purposes with any third party.
Benefitalign opposes the emailing of any junk mail and does not sell user information to email lists or telemarketers. If you receive a junk email that mentions the Website services, contact@benefitalign.com, and we will investigate promptly.
Though we make every effort to preserve user privacy, we may need to disclose personal and corporate information when required by law wherein we have a good-faith belief that such action is necessary to comply with a current judicial proceeding, a court order or legal process served on our Website. Benefitalign further reserves the right to use or disclose the information if we believe in good faith that the disclosure is appropriate to protect the security or integrity of the Website or our property or to take precautions against liability.
If we decide to change our privacy policy, we will post those changes to this privacy statement on the Website and other places we deem appropriate so our users are always aware of what information we collect, how we use it, and under what circumstances, if any, we disclose it.
Our corporate Website may also provide links to other websites that are either owned or operated by Benefitalign or other third-party websites. Such external websites have their privacy policies separate from this policy. Even if the third party is affiliated with Benefitalign through a business partnership or otherwise, Benefitalign is not responsible for the privacy policies or practices or the content of such external links. All external links are provided to you for convenience purposes only and you access them at your own risk.
Cookies are small files that are placed on your computer by websites that you visit. They are widely used to make websites work, or work more efficiently, as well as to provide information to the owners of the site. For example, cookies are used to remember users’ preferences and to help navigate between pages efficiently. Benefitalign uses cookies for enhancing the browser speed for accessing the system. These cookies collect only sufficient information to enable website functions and they do not collect any personal information for other purposes.
The objective of “Benefitalign Terms of Use” is to set the rules of usage of our Website and services. Our users must agree to the terms and conditions as per the products and services offered. Users must also abide by the privacy policy of the organization. It also describes the restrictions, disclaimers, indemnification, and limitation of liability governing the use of the entire Benefitalign Website.
“Benefitalign Terms of Service” is defined to have clarity on usage of our Website, products, and services through a laptop, desktop, mobile, and other handheld devices. Terms of services should be in line with the agreement/contract between Benefitalign and user/customer for specific products and services.
Please email us at contact@benefitalign.com if you have any questions or suggestions regarding this policy statement.
ATTENTION: These terms of use set forth the basis on which you are permitted to access and use this website, www.Benefitalign.com (the "Website"). Please read the terms of use carefully before using the Website. By accessing and using the Website in any way, including, without limitation, browsing the Website, you agree to and are bound by the terms of use described herein. If you do not agree to all the terms and conditions contained herein, do not use the Website in any manner.
All copyrights and other intellectual property rights in the Website, including without limitation all software, written and graphical content included in the Website, are owned by Benefitalign, LLC (“Benefitalign”, “We” or “we”) and all rights are hereby reserved.
Benefitalign hereby authorizes you to make a single copy of the content displayed on the Website for your use in learning about; evaluating or acquiring Benefitalign services or solutions, provided (i) you mark such copy “© 2025 Benefitalign, LLC. All rights reserved.”; (ii) the use of such copy is for informational and non-commercial or personal use and will not be copied or posted on any network computer or broadcast in any media; and (iii) no modifications to such copy are made. No other permission is granted to you to print, copy, reproduce, distribute, transmit, upload, download, store, perform, display in public, alter, or modify the content contained on the Website. Accredited educational institutions, such as K-12, universities, and colleges, may download and reproduce the content displayed on the Website for distribution in the classroom. Distribution outside the classroom requires express written permission. Use for any other purpose is expressly prohibited by law and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible. The Website may contain email services, bulletin board services, forums, communities, and/or other message or communication facilities designed to enable you to communicate with others (collectively “Communication Services”). You agree to use the Communication Services only to post, send and receive messages and material that are proper. By way of example, and not as a limitation, you agree that when using the Communication Services or the Website, you will not (i) use them in connection with surveys, contests, pyramid schemes, chain letters, junk email, spamming or any duplicative or unsolicited messages; (ii) defame, abuse, harass, threaten or otherwise violate the legal rights of others; (iii) publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, obscene, pornographic, racist, lewd, lascivious, excessively violent, harassing, unlawful, or otherwise objectionable topic, name, material or information; (iv) upload, or otherwise make available, files that contain material protected by intellectual property laws unless you own or control the rights thereto or have received all necessary consent to do the same; (v) advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Services specifically allows such messages; (vi) restrict or inhibit any other user from using and enjoying the Communication Services or the Website; (vii) harvest or otherwise collect information about others, including email addresses; or (viii) violate any applicable laws or regulations. Benefitalign has no obligation to monitor the Website or Communication Services. However, Benefitalign reserves the right to review materials posted to the Website and the Communication Services and to remove and/or edit any materials in its sole discretion. Benefitalign reserves the right to terminate your access to the Website and the Communication Services at any time, without notice, for any reason whatsoever. Benefitalign reserves the right at all times to disclose any information as it deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Benefitalign’ sole discretion.
Benefitalign ®, the Benefitalign logo, and any other marks used on the Website are trademarks of Benefitalign or their respective owners. Such marks may not be used without the prior written consent of Benefitalign. Any use of those marks, or any others displayed on the Website, will inure solely to the benefit of their respective owners. Copyright Notice. Copyright © 2025 Benefitalign, LLC. All rights reserved.
Benefitalign does not accept or consider unsolicited ideas, suggestions, materials or other information (all of the foregoing being “Submissions”). The purpose of this policy is to avoid misunderstandings or disputes with respect to the origin of ideas, products, services, and strategies of Benefitalign. Please do not send your unsolicited Submissions to Benefitalign or anyone at Benefitalign. In the event that you disregard this policy and post, upload, input, provide, submit or otherwise make a Submission to Benefitalign, (i) you will be granting Benefitalign and its affiliates permission to use your Submission in connection with the operation of its businesses (the “License”), including, without limitation, the right to copy, distribute, display, edit, reproduce, translate and reformat your Submission for both commercial and non-commercial purposes, (ii) you warrant and represent that you own or otherwise control all of the rights to your Submission, including, without limitation, the rights necessary to grant the License and (iii) any such Submissions will be considered non-confidential and non-proprietary communications. No compensation will be paid with respect to your Submission. Benefitalign will not be subject to any obligation of confidence with respect to your Submission.
You may not use the Website for any purpose that is unlawful or prohibited by the terms and conditions provided herein. You may not use the Website in any manner that could damage, disable, overburden or otherwise impair any Benefitalign server or the network(s) connected to any Benefitalign server, or interfere with any other person’s use and enjoyment of the Website. You may not attempt to gain unauthorized access to the Website or the computer systems or networks connected to any Benefitalign server through any means. You may not obtain any materials or information through any means not intentionally made available to you through the Website.
Any links to third-party websites are provided for your convenience only, and Benefitalign makes no recommendation or endorsement as to such websites or the products or services offered thereon. You may link to the Benefitalign website unless notified otherwise in writing by Benefitalign. However, you may not frame the Website in a manner that may confuse Benefitalign customers, nor may you interfere or attempt to interfere in any way with the operation of the Website, including without limitation through data mining, the use of any robot, scraper or other automated devices, or circumvention or attempted circumvention of any website security features.
You agree that Benefitalign would be irreparably harmed by the use, by you or others, of the Website or facilities in connection with the transmission of spam, newsgroup postings or unsolicited email in violation of the terms of use as provided herein, and that Benefitalign is entitled to obtain injunctive relief against any such transmission (in addition to all other remedies available at law or in equity). Benefitalign reserves the right to block, filter, or delete unsolicited email.
You acknowledge and agree that material on the Website is subject to the U.S. Export Administration Laws and Regulations. Diversion of such material contrary to U.S. law is prohibited. You agree that none of the material on the Website, nor any direct product therefrom, is being or will be acquired for, shipped, transferred, or re-exported, directly or indirectly, to proscribed or embargoed countries or their nationals, nor be used for nuclear activities, chemical biological weapons, or missile projects unless authorized by the U.S. Government. You certify that you are not on the U.S. Department of Commerce’s Denied Person List or affiliated lists or the U.S. Department of Treasury’s Specially Designated Nationals List. You agree to comply strictly with all U.S. export laws and assume sole responsibility for obtaining licenses to export or re-export as may be required.
<strong>Disclaimer: </strong>This website is operated by __Tenant__ and is not the Health Insurance Marketplace<sup>®</sup> website at <a href="https://HealthCare.gov/" class="primary_color anchor_withunderline" target="_blank">HealthCare.gov</a>. In offering this website, by __Tenant__ is required to comply with all applicable federal laws, including the standards established under 45 CFR 155.220(c) and (d) and standards established under 45 CFR 155.260 to protect the privacy and security of personally identifiable information. This website may not display all data on Qualified Health Plans (QHPs) being offered in your state through the Health Insurance Marketplace<sup>SM</sup> website. To see all available data on QHP options in your state, go to the Health Insurance Marketplace<sup>SM</sup> website at <a href="https://HealthCare.gov/" class="primary_color anchor_withunderline" target="_blank">HealthCare.gov</a>.
AS CONSIDERATION FOR YOUR USE OF AND ACCESS TO THE WEBSITE, AND TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU AGREE THAT: (i) IN NO EVENT WILL BENEFITALIGN OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE WEBSITE OR ANY SITE LINKED TO THE WEBSITE, BE LIABLE TO YOU IN ANY MANNER WHATSOEVER FOR ANY DECISION MADE OR ACTION OR NON-ACTION TAKEN BY YOU IN RELIANCE UPON THE INFORMATION PROVIDED THROUGH THE WEBSITE; AND (ii) THE AGGREGATE LIABILITY OF BENEFITALIGN OR ANY OF ITS DISTRIBUTORS OR DEALERS, ARISING FROM OR RELATING TO THIS AGREEMENT (REGARDLESS OF THE FORM OF ACTION OR CLAIM, e.g. CONTRACT, WARRANTY, TORT, STRICT LIABILITY, NEGLIGENCE, FRAUD, AND/OR OTHERWISE) IS LIMITED TO $100; AND (iii) BENEFITALIGN SHALL NOT IN ANY CASE BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, EVEN IF BENEFITALIGN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
If you believe that material posted on the Website infringes your copyright, you should provide notice of such infringement to the following person, who is Benefitalign’s designated agent for the purposes of the Digital Millennium Copyright Act (17 U.S.C. 512): contact@benefitalign.com
These terms of use are the entire agreement between you and Benefitalign in relation to your use of the Website, and all other representations or discussions are hereby excluded from this agreement. If any part of these terms is held to be invalid or unenforceable, the remaining provisions shall remain in full force and effect. Benefitalign’s failure to insist on or enforce strict performance of these terms shall not constitute a waiver of any breach or any future breaches thereof.
The Website is controlled and operated from within the United States, and Benefitalign does not represent that the Website is appropriate for use outside the United States. If you access the Website from outside the United States, you are responsible for compliance with any applicable local law. Your use of the Website shall be governed in all respects by the laws of the State of New Mexico, USA, without regard to choice of law provisions, and not by the United Nations Convention on Contracts for the International Sale of Goods. You agree that jurisdiction over and venue in any proceeding directly or indirectly arising out of or relating to the Website shall be in the state or federal courts located in Bernalillo County, New Mexico, USA.
Effective Date: January 1, 2024
PRIVACY NOTICE STATEMENT
We are authorized to collect personally identifiable information (PII) from you by applicable federal and state laws. Any PII we collect is used to create and manage your account, and to communicate with you about your account. PII is also used to help you apply for financial help and/or enrolling in a Marketplace qualified health plan (QHP). Protecting your privacy is very important to us. This privacy policy describes what information we collect, why we collect it, and what we do with it.
If you choose to give us PII, we may share this information with Centers for Medicare and Medicaid Services (“CMS”), and will be maintained in a federal System of Records. Your PII will also be shared with other related entities. See HOW INFORMATION MAY BE SHARED section for detail. PII is used or disclosed only for the limited purposes listed in the HOW INFORMATION MAY BE USED section below.
The requested PII is mandatory under the applicable laws and CMS requirements. If you chose not to provide us with the PII requested, or not to respond to certain questions, your application will be denied.
DEFINITIONS
As used in this Privacy Notice, the terms “benefitalign®”, “We” and “us” refer to benefitalign®, LLC and its subsidiaries, members, managers, officers, directors, employees, contractors, and agents. If you accept this Privacy Notice as an employee or representative of a company or other legal entity, the terms “you” and “your” will refer to both you, personally, and any entity you represent.
This Privacy Notice describes how we collect, use, protect and share information about you we obtain when you access and use our Website (defined below), including when you register for an account or request a quote. This Privacy Notice also applies to information we obtain when you communicate or interact with us outside of our Website, including by email, telephone, and otherwise.
Your use of our Website is also governed by our benefitalign® Portal Grant of Limited License and Terms of Use (the “Terms of Use”), any additional terms provided to you in connection with certain features, functionality, tools, content, and promotions available on or through our Website (“Supplemental Terms”), and any policies and rules referenced or, posted on our Website, or otherwise communicated to our Users (the “Website Policies”). If a provision of the Terms of Use, Supplemental Terms, or Website Policies conflicts with this Privacy Notice, such provision shall control.
Please read this Privacy Notice carefully before using our Website or communicating with us. Changes to this Privacy Notice are discussed at the end of this document.
“Users” means any individuals that access or use our website, including applicants for health insurance, insurance agents, and other registered users. References to “access” and/or “use” of our Website (and any variations thereof) include the acts of accessing or browsing our Website and accessing or using the services, information, content, features, functionality, tools, and promotions available on or through the Website.
“Website” refers to any website owned, operated, or powered by benefitalign® (including the Website at https://www.benefitalign.com). References to our “Website” include any services, information, content, features, functionality, tools, and promotions available on or through each Website.
BY ACCESSING OR USING OUR WEBSITE OR COMMUNICATING WITH US OUTSIDE OF OUR WEBSITE, YOU ARE ACCEPTING AND CONSENTING TO THE PRACTICES DESCRIBED IN THIS PRIVACY NOTICE, WHICH MAY BE UPDATED AND AMENDED FROM TIME TO TIME. IF YOU DO NOT AGREE TO THE TERMS OF THIS PRIVACY NOTICE, YOU MUST NOT ACCESS OR USE OUR WEBSITE OR OTHERWISE COMMUNICATE WITH US.
INFORMATION WE COLLECT
Information You Provide to Us
We collect information you provide directly to us, including when you register for an account, solicit a health insurance quote, prepare or submit a health insurance application directly or on behalf of another individual, use our Website, update your contact information, respond to a communication from us, or contact us with questions.
We may also collect information about you when you opt-in to receive text messages from us (such as when you sign up for health insurance). You may opt-in to receive such updates and offers by providing your mobile telephone number through our Website.
We may also collect information about you if a company or organization authorizes you to manage its account or use our Website on its behalf.
PII
Some of the information we may collect through your use of our Website or communications with us may identify you. The types of PII you may submit in connection with our Website include, but are not limited to:
HOW INFORMATION MAY BE USED
PII
We may use the PII we collect to:
Additionally, we may use your information as described in any notice provided when you provide the information and for any other purpose for which you may provide consent.
Non-PII
Besides the uses described above, we may also use Non-PII to:
We may also combine technical information, or Non-PII, about your use of our Website with information we obtain from other Users to use in an aggregate or anonymous manner for similar purposes.
HOW INFORMATION MAY BE SHARED
PII
We will not sell or share your PII with third parties for the third parties’ own direct marketing purposes without your express consent. We may share your PII with:
We may also share PII with law enforcement agencies, government officials, or other third parties for the purpose of:
COOKIES AND BEACONS
We may use cookies, beacons, and similar automatic data collection technologies, now or to support the functionality of our Website. These technologies help us provide a better experience when you visit our Website and allows us to improve our Website. The technologies we may use for this automatic data collection may include:
Ability to Limit
You may request us to limit the collection, creation, disclosure, access, maintenance, storage, and use of your PII solely to obtain our assistance in applying for health insurance and obtaining an eligibility determination and for performing related functions authorized and specified in our agreements with the Centers for Medicare and Medicaid Services (“CMS”). To request this limitation, email to solutions@benefitalign.com.
Email Communications
You may have the opportunity to receive certain communications from us related to our Website. If you provide us with your email address to receive communications, you can opt-out of marketing emails at any time by following the instructions at the bottom of our emails and adjusting your email preferences. Certain emails may be necessary for operating our Website. You will continue to receive these emails, if appropriate, even if you unsubscribe from our optional communications.
Cookies/ Beacons
If you wish to minimize information collected by cookie or beacon, you can adjust the settings of your browsers to notify you when you receive a cookie, which lets you choose whether to accept it. You can also set your browser to automatically reject any cookies. You may also install plug-ins and add-ins that serve similar functions. However, please be aware that some features and services on our Website may not work properly if we cannot recognize and associate you with your account. In addition, the offers we provide when you visit us may not be as relevant to you or tailored to your interests.
Do Not Track
Some browsers support a “Do Not Track” (or DNT) feature, a privacy preference that Users can set in certain web browsers, which is intended to be a signal to Websites and services you do not wish to be tracked across different Websites or online services you visit. Our Website does not currently recognize or respond to DNT signals, so DNT settings do not change the way our Website operates.
We cannot control how third-party Websites or online services you visit through our Website respond to Do Not Track signals. Check the privacy policies of those third parties for information on their privacy practices.
Text Alerts
You may have the opportunity to receive certain information, updates, and/or offers from us via text communications. If you provide us with your mobile number to receive such communications, you can opt-out of receiving text messages at any time by contacting us at solutions@benefitalign.com.
Updating Information
The accuracy of the information we have about you is important. To review, correct, or delete your PII, please update your account profile on our Website. or contact us as stated in the “Contact Us” section of this Privacy Notice.
We will retain your information for as long as your account is active or as needed to provide the Services. We will retain and use your information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements.
SECURING YOUR INFORMATION
The security of your information is important to benefitalign®, and we have established administrative, technical, and physical safeguards designed to protect your PII against unauthorized alteration, access, loss, theft, use, or disclosure. Unfortunately, no system can guarantee complete security of your information. benefitalign® cannot ensure or warrant that your information, including your PII, is secure from unauthorized third parties. Thus, your use of our Website and communication with us about them is at your own risk.
You protect your password(s), and for the security of information, you transmit to us over the internet.
CHILDREN
Our Website is directed to and is intended to be used only by persons 18 years of age or older. We do not knowingly collect information from children under 18. If you are under 18, you may not register for an account or otherwise submit any PII to us, including your name, address, or email address. By registering for an account or submitting any PII to us, you represent and warrant you are 18 years of age or older.
If we discover that we have received any PII directly from a child under the age of 18, we will suspend the associated account and remove that information from our database soon. By registering for an account or submitting any PII to us, you represent and warrant that you are 18 years of age or older. To avoid doubt, this restriction does not apply to information collected from a parent or legal guardian who provides information regarding a dependent child under the age of 18 with a health insurance application or other related purpose.
LINKS TO THIRD-PARTY WEBSITES
Our Website may contain links to third-party Websites and services, including those of third-party insurance providers and advertisers. These links are provided, and information and the Websites and services may operate independently from us and have their own privacy policies or notices, which we strongly suggest you review. This Privacy Notice applies to benefitalign® and our Website only. We accept no responsibility or liability for the policies or practices of any third parties. If you access any Websites or services linked from our Website, please check the applicable policies before you use or submit any personal data to such Website or service.
INTERNATIONAL JURISDICTIONS
Our Website is hosted in the United States (U.S.) and is subject to U.S. state and federal law. Our Website is not intended to subject benefitalign® to the privacy laws or jurisdiction of any state, country, or territory other than that of the U.S., including the European Union. benefitalign® does not represent that our Website is appropriate for any particular jurisdiction. Those who access our Website do so at their own initiative and comply with all local laws, rules, and regulations. If you are accessing our Website from other jurisdictions, you are transferring your personal information to us in the U.S., and by using our Website, you consent to that transfer and use of your personal information under this Privacy Notice. You also agree to abide by the applicable laws of applicable states and U.S. federal laws about your use of our Website and your agreements with us. Any persons accessing our Website from any jurisdictions with laws or regulations governing the use of the internet, including personal data collection, use, and disclosure, different from those of the jurisdictions mentioned above may only use our Website in a manner lawful in their jurisdiction. If your use of our Website would be unlawful in your jurisdiction, you may not use our Website.
CHANGES TO OUR PRIVACY NOTICE
benefitalign® may change this Privacy Notice occasionally. Any changes to this Privacy Notice will be reflected on this page, and the effective date will be stated at the top of this Privacy Notice. Unless stated otherwise, our current Privacy Notice applies to all information we have about you and your account. Users should regularly check this page for any changes to this Privacy Notice. benefitalign® will always post new versions of the Privacy Notice on our Website. If an amendment materially alters your rights or obligations, we may notify you of the amendment, such as by posting a notification to the home page of our Website or sending a notification to you at the address we have on file for you, if any.
Your continued use of our Website or communication with us after the updated Privacy Notice has been posted (or any other indication of your consent) will constitute your acceptance of the updated Privacy Notice.
We may condition your continued access to our Website on your consent to changes to this Privacy Notice.
CONTACT US
If you have questions relating to this Privacy Notice, or if you would like us to update information we have about you or your preferences, please contact us by email at solutions@benefitalign.com or call us at (888) 556-3382.
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ATTENTION: These terms of use set forth the basis on which you are permitted to access and use this website, www.Benefitalign.com (the "Website"). Please read the terms of use carefully before using the Website. By accessing and using the Website in any way, including, without limitation, browsing the Website, you agree to and are bound by the terms of use described herein. If you do not agree to all the terms and conditions contained herein, do not use the Website in any manner.
All copyrights and other intellectual property rights in the Website, including without limitation all software, written and graphical content included in the Website, are owned by Benefitalign, LLC (“Benefitalign”, “We” or “we”) and all rights are hereby reserved.
Benefitalign hereby authorizes you to make a single copy of the content displayed on the Website for your use in learning about; evaluating or acquiring Benefitalign services or solutions, provided (i) you mark such copy “© 2025 Benefitalign, LLC. All rights reserved.”; (ii) the use of such copy is for informational and non-commercial or personal use and will not be copied or posted on any network computer or broadcast in any media; and (iii) no modifications to such copy are made. No other permission is granted to you to print, copy, reproduce, distribute, transmit, upload, download, store, perform, display in public, alter, or modify the content contained on the Website. Accredited educational institutions, such as K-12, universities, and colleges, may download and reproduce the content displayed on the Website for distribution in the classroom. Distribution outside the classroom requires express written permission. Use for any other purpose is expressly prohibited by law and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible. The Website may contain email services, bulletin board services, forums, communities, and/or other message or communication facilities designed to enable you to communicate with others (collectively “Communication Services”). You agree to use the Communication Services only to post, send and receive messages and material that are proper. By way of example, and not as a limitation, you agree that when using the Communication Services or the Website, you will not (i) use them in connection with surveys, contests, pyramid schemes, chain letters, junk email, spamming or any duplicative or unsolicited messages; (ii) defame, abuse, harass, threaten or otherwise violate the legal rights of others; (iii) publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, obscene, pornographic, racist, lewd, lascivious, excessively violent, harassing, unlawful, or otherwise objectionable topic, name, material or information; (iv) upload, or otherwise make available, files that contain material protected by intellectual property laws unless you own or control the rights thereto or have received all necessary consent to do the same; (v) advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Services specifically allows such messages; (vi) restrict or inhibit any other user from using and enjoying the Communication Services or the Website; (vii) harvest or otherwise collect information about others, including email addresses; or (viii) violate any applicable laws or regulations. Benefitalign has no obligation to monitor the Website or Communication Services. However, Benefitalign reserves the right to review materials posted to the Website and the Communication Services and to remove and/or edit any materials in its sole discretion. Benefitalign reserves the right to terminate your access to the Website and the Communication Services at any time, without notice, for any reason whatsoever. Benefitalign reserves the right at all times to disclose any information as it deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Benefitalign’ sole discretion.
Benefitalign ®, the Benefitalign logo, and any other marks used on the Website are trademarks of Benefitalign or their respective owners. Such marks may not be used without the prior written consent of Benefitalign. Any use of those marks, or any others displayed on the Website, will inure solely to the benefit of their respective owners. Copyright Notice. Copyright © 2025 Benefitalign, LLC. All rights reserved.
Benefitalign does not accept or consider unsolicited ideas, suggestions, materials or other information (all of the foregoing being “Submissions”). The purpose of this policy is to avoid misunderstandings or disputes with respect to the origin of ideas, products, services, and strategies of Benefitalign. Please do not send your unsolicited Submissions to Benefitalign or anyone at Benefitalign. In the event that you disregard this policy and post, upload, input, provide, submit or otherwise make a Submission to Benefitalign, (i) you will be granting Benefitalign and its affiliates permission to use your Submission in connection with the operation of its businesses (the “License”), including, without limitation, the right to copy, distribute, display, edit, reproduce, translate and reformat your Submission for both commercial and non-commercial purposes, (ii) you warrant and represent that you own or otherwise control all of the rights to your Submission, including, without limitation, the rights necessary to grant the License and (iii) any such Submissions will be considered non-confidential and non-proprietary communications. No compensation will be paid with respect to your Submission. Benefitalign will not be subject to any obligation of confidence with respect to your Submission.
You may not use the Website for any purpose that is unlawful or prohibited by the terms and conditions provided herein. You may not use the Website in any manner that could damage, disable, overburden or otherwise impair any Benefitalign server or the network(s) connected to any Benefitalign server, or interfere with any other person’s use and enjoyment of the Website. You may not attempt to gain unauthorized access to the Website or the computer systems or networks connected to any Benefitalign server through any means. You may not obtain any materials or information through any means not intentionally made available to you through the Website.
Any links to third-party websites are provided for your convenience only, and Benefitalign makes no recommendation or endorsement as to such websites or the products or services offered thereon. You may link to the Benefitalign website unless notified otherwise in writing by Benefitalign. However, you may not frame the Website in a manner that may confuse Benefitalign customers, nor may you interfere or attempt to interfere in any way with the operation of the Website, including without limitation through data mining, the use of any robot, scraper or other automated devices, or circumvention or attempted circumvention of any website security features.
You agree that Benefitalign would be irreparably harmed by the use, by you or others, of the Website or facilities in connection with the transmission of spam, newsgroup postings or unsolicited email in violation of the terms of use as provided herein, and that Benefitalign is entitled to obtain injunctive relief against any such transmission (in addition to all other remedies available at law or in equity). Benefitalign reserves the right to block, filter, or delete unsolicited email.
You acknowledge and agree that material on the Website is subject to the U.S. Export Administration Laws and Regulations. Diversion of such material contrary to U.S. law is prohibited. You agree that none of the material on the Website, nor any direct product therefrom, is being or will be acquired for, shipped, transferred, or re-exported, directly or indirectly, to proscribed or embargoed countries or their nationals, nor be used for nuclear activities, chemical biological weapons, or missile projects unless authorized by the U.S. Government. You certify that you are not on the U.S. Department of Commerce’s Denied Person List or affiliated lists or the U.S. Department of Treasury’s Specially Designated Nationals List. You agree to comply strictly with all U.S. export laws and assume sole responsibility for obtaining licenses to export or re-export as may be required.
<strong>Disclaimer: </strong>This website is operated by __Tenant__ and is not the Health Insurance Marketplace<sup>®</sup> website at <a href="https://HealthCare.gov/" class="primary_color anchor_withunderline" target="_blank">HealthCare.gov</a>. In offering this website, by __Tenant__ is required to comply with all applicable federal laws, including the standards established under 45 CFR 155.220(c) and (d) and standards established under 45 CFR 155.260 to protect the privacy and security of personally identifiable information. This website may not display all data on Qualified Health Plans (QHPs) being offered in your state through the Health Insurance Marketplace<sup>SM</sup> website. To see all available data on QHP options in your state, go to the Health Insurance Marketplace<sup>SM</sup> website at <a href="https://HealthCare.gov/" class="primary_color anchor_withunderline" target="_blank">HealthCare.gov</a>.
AS CONSIDERATION FOR YOUR USE OF AND ACCESS TO THE WEBSITE, AND TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU AGREE THAT: (i) IN NO EVENT WILL BENEFITALIGN OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE WEBSITE OR ANY SITE LINKED TO THE WEBSITE, BE LIABLE TO YOU IN ANY MANNER WHATSOEVER FOR ANY DECISION MADE OR ACTION OR NON-ACTION TAKEN BY YOU IN RELIANCE UPON THE INFORMATION PROVIDED THROUGH THE WEBSITE; AND (ii) THE AGGREGATE LIABILITY OF BENEFITALIGN OR ANY OF ITS DISTRIBUTORS OR DEALERS, ARISING FROM OR RELATING TO THIS AGREEMENT (REGARDLESS OF THE FORM OF ACTION OR CLAIM, e.g. CONTRACT, WARRANTY, TORT, STRICT LIABILITY, NEGLIGENCE, FRAUD, AND/OR OTHERWISE) IS LIMITED TO $100; AND (iii) BENEFITALIGN SHALL NOT IN ANY CASE BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, EVEN IF BENEFITALIGN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
If you believe that material posted on the Website infringes your copyright, you should provide notice of such infringement to the following person, who is Benefitalign’s designated agent for the purposes of the Digital Millennium Copyright Act (17 U.S.C. 512): contact@benefitalign.com
These terms of use are the entire agreement between you and Benefitalign in relation to your use of the Website, and all other representations or discussions are hereby excluded from this agreement. If any part of these terms is held to be invalid or unenforceable, the remaining provisions shall remain in full force and effect. Benefitalign’s failure to insist on or enforce strict performance of these terms shall not constitute a waiver of any breach or any future breaches thereof.
The Website is controlled and operated from within the United States, and Benefitalign does not represent that the Website is appropriate for use outside the United States. If you access the Website from outside the United States, you are responsible for compliance with any applicable local law. Your use of the Website shall be governed in all respects by the laws of the State of New Mexico, USA, without regard to choice of law provisions, and not by the United Nations Convention on Contracts for the International Sale of Goods. You agree that jurisdiction over and venue in any proceeding directly or indirectly arising out of or relating to the Website shall be in the state or federal courts located in Bernalillo County, New Mexico, USA.
ATTENTION: These terms of use set forth the basis on which you are permitted to access and use this website to register for coverage through Sentara Health Plans, (the “Website“). Please read the terms of use carefully before using the Website. By accessing and using the Website in any way, including, without limitation, browsing the Website, you agree to and are bound by the terms of use described herein. If you do not agree to all of the terms and conditions contained herein, do not use the Website in any manner.
All copyrights and other intellectual property rights in the Website, including without limitation all software, written and graphical content included in the Website, are owned by Sentara Health Plans, LLC (“Sentara Health Plans”, “We” or “we”) and all rights are hereby reserved.
Sentara Health Plans hereby authorizes you to make a single copy of the content displayed on the Website for your use in learning about; evaluating or acquiring Sentara Health Plans services or solutions, provided (i) you mark such copy “© 2025 Sentara Health Plans, LLC. All rights reserved.”; (ii) the use of such copy is for informational and non-commercial or personal use and will not be copied or posted on any network computer or broadcast in any media; and (iii) no modifications to such copy are made. No other permission is granted to you to print, copy, reproduce, distribute, transmit, upload, download, store, perform, display in public, alter, or modify the content contained on the Website. Accredited educational institutions, such as K-12, universities, and colleges, may download and reproduce the content displayed on the Website for distribution in the classroom. Distribution outside the classroom requires express written permission. Use for any other purpose is expressly prohibited by law and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible. The Website may contain email services, bulletin board services, forums, communities, and/or other message or communication facilities designed to enable you to communicate with others (collectively “Communication Services”). You agree to use the Communication Services only to post, send and receive messages and material that are proper. By way of example, and not as a limitation, you agree that when using the Communication Services or the Website, you will not (i) use them in connection with surveys, contests, pyramid schemes, chain letters, junk email, spamming or any duplicative or unsolicited messages; (ii) defame, abuse, harass, threaten or otherwise violate the legal rights of others; (iii) publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, obscene, pornographic, racist, lewd, lascivious, excessively violent, harassing, unlawful, or otherwise objectionable topic, name, material or information; (iv) upload, or otherwise make available, files that contain material protected by intellectual property laws unless you own or control the rights thereto or have received all necessary consent to do the same; (v) advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Services specifically allows such messages; (vi) restrict or inhibit any other user from using and enjoying the Communication Services or the Website; (vii) harvest or otherwise collect information about others, including email addresses; or (viii) violate any applicable laws or regulations. Sentara Health Plans has no obligation to monitor the Website or Communication Services. However, Sentara Health Plans reserves the right to review materials posted to the Website and the Communication Services and to remove and/or edit any materials in its sole discretion. Sentara Health Plans reserves the right to terminate your access to the Website and the Communication Services at any time, without notice, for any reason whatsoever. Sentara Health Plans reserves the right at all times to disclose any information as it deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Sentara Health Plans’ sole discretion.
Sentara Health Plans ®, the Sentara Health Plans logo, and any other marks used on the Website are trademarks of Sentara Health Plans or their respective owners. Such marks may not be used without the prior written consent of Sentara Health Plans. Any use of those marks, or any others displayed on the Website, will inure solely to the benefit of their respective owners. Copyright Notice. Copyright © 2025 Sentara Health Plans, LLC. All rights reserved.
Sentara Health Plans does not accept or consider unsolicited ideas, suggestions, materials or other information (all of the foregoing being “Submissions”). The purpose of this policy is to avoid misunderstandings or disputes with respect to the origin of ideas, products, services, and strategies of Sentara Health Plans. Please do not send your unsolicited Submissions to Sentara Health Plans or anyone at Sentara Health Plans. In the event that you disregard this policy and post, upload, input, provide, submit or otherwise make a Submission to Sentara Health Plans, (i) you will be granting Sentara Health Plans and its affiliates permission to use your Submission in connection with the operation of its businesses (the “License”), including, without limitation, the right to copy, distribute, display, edit, reproduce, translate and reformat your Submission for both commercial and non-commercial purposes, (ii) you warrant and represent that you own or otherwise control all of the rights to your Submission, including, without limitation, the rights necessary to grant the License and (iii) any such Submissions will be considered non-confidential and non-proprietary communications. No compensation will be paid with respect to your Submission. Sentara Health Plans will not be subject to any obligation of confidence with respect to your Submission.
You may not use the Website for any purpose that is unlawful or prohibited by the terms and conditions provided herein. You may not use the Website in any manner that could damage, disable, overburden or otherwise impair any Sentara Health Plans server or the network(s) connected to any Sentara Health Plans server, or interfere with any other person’s use and enjoyment of the Website. You may not attempt to gain unauthorized access to the Website or the computer systems or networks connected to any Sentara Health Plans server through any means. You may not obtain any materials or information through any means not intentionally made available to you through the Website.
Any links to third-party websites are provided for your convenience only, and Sentara Health Plans makes no recommendation or endorsement as to such websites or the products or services offered thereon. You may link to the Sentara Health Plans website unless notified otherwise in writing by Sentara Health Plans. However, you may not frame the Website in a manner that may confuse Sentara Health Plans customers, nor may you interfere or attempt to interfere in any way with the operation of the Website, including without limitation through data mining, the use of any robot, scraper or other automated devices, or circumvention or attempted circumvention of any website security features.
You agree that Sentara Health Plans would be irreparably harmed by the use, by you or others, of the Website or facilities in connection with the transmission of spam, newsgroup postings or unsolicited email in violation of the terms of use as provided herein, and that Sentara Health Plans is entitled to obtain injunctive relief against any such transmission (in addition to all other remedies available at law or in equity). Sentara Health Plans reserves the right to block, filter, or delete unsolicited email.
You acknowledge and agree that material on the Website is subject to the U.S. Export Administration Laws and Regulations. Diversion of such material contrary to U.S. law is prohibited. You agree that none of the material on the Website, nor any direct product therefrom, is being or will be acquired for, shipped, transferred, or re-exported, directly or indirectly, to proscribed or embargoed countries or their nationals, nor be used for nuclear activities, chemical biological weapons, or missile projects unless authorized by the U.S. Government. You certify that you are not on the U.S. Department of Commerce’s Denied Person List or affiliated lists or the U.S. Department of Treasury’s Specially Designated Nationals List. You agree to comply strictly with all U.S. export laws and assume sole responsibility for obtaining licenses to export or re-export as may be required.
THE CONTENT CONTAINED IN THE WEBSITE IS PROVIDED BY SENTARA HEALTH PLANS FOR GENERAL INFORMATIONAL PURPOSES ONLY AND DOES NOT CONSTITUTE A SPECIFIC RECOMMENDATION OR ADVICE. SUCH CONTENT IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, AND IS SUBJECT TO CHANGE WITHOUT NOTICE. YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK, AND YOU ASSUME ALL LIABILITY IN RELATION TO IT. ANY INFORMATION OR ADVICE PROVIDED THROUGH THE WEBSITE THAT IS RELATED TO SUPPORT OF SENTARA HEALTH PLANS SOFTWARE PRODUCTS IS SUBJECT TO THE TERMS AND CONDITIONS OF THE LICENSE AND SUPPORT AGREEMENT BETWEEN YOU AND SENTARA HEALTH PLANS, AND NOT TO THESE TERMS OF USE. ANY MENTION IN THE WEBSITE OF NON SENTARA HEALTH PLANS PRODUCTS OR SERVICES IS FOR INFORMATION PURPOSES ONLY AND CONSTITUTES NEITHER AN ENDORSEMENT NOR A RECOMMENDATION.
AS CONSIDERATION FOR YOUR USE OF AND ACCESS TO THE WEBSITE, AND TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU AGREE THAT: (i) IN NO EVENT WILL SENTARA HEALTH PLANS OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE WEBSITE OR ANY SITE LINKED TO THE WEBSITE, BE LIABLE TO YOU IN ANY MANNER WHATSOEVER FOR ANY DECISION MADE OR ACTION OR NON-ACTION TAKEN BY YOU IN RELIANCE UPON THE INFORMATION PROVIDED THROUGH THE WEBSITE; AND (ii) THE AGGREGATE LIABILITY OF SENTARA HEALTH PLANS OR ANY OF ITS DISTRIBUTORS OR DEALERS, ARISING FROM OR RELATING TO THIS AGREEMENT (REGARDLESS OF THE FORM OF ACTION OR CLAIM, e.g. CONTRACT, WARRANTY, TORT, STRICT LIABILITY, NEGLIGENCE, FRAUD, AND/OR OTHERWISE) IS LIMITED TO $100; AND (iii) SENTARA HEALTH PLANS SHALL NOT IN ANY CASE BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, EVEN IF SENTARA HEALTH PLANS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
If you believe that material posted on the Website infringes your copyright, you should provide notice of such infringement to the following person, who is Sentara Health Plans’ designated agent for the purposes of the Digital Millennium Copyright Act (17 U.S.C. 512): contact@benefitalign.com
These terms of use are the entire agreement between you and Sentara Health Plans in relation to your use of the Website, and all other representations or discussions are hereby excluded from this agreement. If any part of these terms is held to be invalid or unenforceable, the remaining provisions shall remain in full force and effect. Sentara Health Plans’ failure to insist on or enforce strict performance of these terms shall not constitute a waiver of any breach or any future breaches thereof.
The Website is controlled and operated from within the United States, and Sentara Health Plans does not represent that the Website is appropriate for use outside the United States. If you access the Website from outside the United States, you are responsible for compliance with any applicable local law. Your use of the Website shall be governed in all respects by the laws of the State of New Mexico, USA, without regard to choice of law provisions, and not by the United Nations Convention on Contracts for the International Sale of Goods. You agree that jurisdiction over and venue in any proceeding directly or indirectly arising out of or relating to the Website shall be in the state or federal courts located in Bernalillo County, New Mexico, USA.
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