Terms and Conditions of Use

Please read these terms carefully before using this Site. Your access and use of this Site constitutes your agreement to abide by each of the terms set forth below.


FBAlliance Insurance Company, FBAlliance Insurance Inc. and their affiliate companies (“FBAlliance,” the “Company,” “we,” “us”) provide this website, www.fballianceins.com (the “Site”), subject to the following Terms and Conditions of Use, as periodically updated by us as provided below (the “Terms”). This Site provides you with certain services, including but not limited to, access to information about the products and services offered by FBAlliance. Use of this Site is subject to these Terms and all applicable laws. Certain areas within this Site may be subject to additional or different terms and conditions of use, which are posted in those areas. Not all of the services and materials described on this Site are available for use in all geographic areas of the United States or in all countries where FBAlliance conducts business. By using the Site, you agree to abide by all of the terms and conditions set forth in these Terms. Unless stated otherwise, any services and materials added to this Site after the Last Updated date of these Terms (as set forth below) also will be covered by these Terms.

Limited License

Subject to the Terms, FBAlliance grants you a non-exclusive limited right to access, use and display this Site and the materials thereon. You agree not to interrupt or attempt to interrupt the operation of the Site in any way. FBAlliance authorizes you to view and download the information (“Materials”) at this Site only for your individual use. This authorization is not a transfer of title in the Materials and copies of the Materials and is subject to the following restrictions: (a) you must retain, on all copies of the Materials downloaded, all copyright and other proprietary notices contained in the Materials; and (b) you may not modify the Materials in any way or reproduce or publicly display, perform, or distribute or otherwise use them for any public or commercial purpose. You may not use any meta-tags or any other “hidden text” utilizing any of the Company name(s), trademarks or service marks without the express written consent of their owners. Except as expressly provided above, this Site or any portion thereof may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without the express written consent of the Company. Any unauthorized use of this Site terminates the permission or license granted by the Company.

FBAlliance may terminate the license given above, or change, suspend or discontinue any aspect of the Site, including the availability of any features of the Site, at any time without notice. FBAlliance may also impose limits on certain features and services or restrict your access to all or parts of the Site without notice or liability.

Copyrights/Trademarks

This Site, including all Materials, is copyrighted and protected by worldwide copyright, trademark and intellectual property laws and treaty provisions. You agree to comply with all such laws in your use of this Site and to prevent any unauthorized copying of the Materials. Except as expressly provided herein, FBAlliance does not grant any express or implied right to you under any patents, trademarks, copyrights or trade secret information.

Proprietary Software

Any software accessible through this Site is the property of the Company or its suppliers and is protected by U.S. patent, trade secret, and copyright laws and international treaties. Any use of the software by you other than as required to navigate and to utilize the intended functionality offered through this Site is prohibited. You agree not to copy, distribute, publicly display, alter, modify, decompile, disassemble, reverse engineer or otherwise attempt to discover the source code of such software. Further, you agree not to access the services or content on this Site by any means other than the interface provided through this Site for your use in accessing such services and content.

Ownership of Information Submitted Via This Site

With the exception of any personal information or sensitive information you submit (which will be maintained in accordance with the Site’s Privacy Policy), any information you transmit to us via this Site, whether by direct entry, submission, electronic mail or otherwise, including data, questions, comments, or suggestions, will be treated as non-confidential and non-proprietary and will become the property of the Company. Such information may be used for any purpose, including, but not limited to, reproduction, solicitations, disclosure, transmission, publication, broadcast, and posting.

Prohibited Use

Any use or attempted use of this Site (i) for any unlawful, unauthorized, fraudulent or malicious purpose, or (ii) that could damage, disable, overburden, or impair any server, or the network(s) connected to any server, or (iii) to interfere with any other party’s use and utility of the Site, or (iv) to gain unauthorized access to any other accounts, computer systems or networks connected to any server or systems through hacking, password mining or any other means, or (v) to access systems, data or information not intended by the Company to be made accessible to a user, or (vi) to attempt to obtain any materials or information through any means not intentionally made available by the Company, or (vii) for any use other than the business purpose for which it was intended, is prohibited.

Further, in connection with your use of the Site, you agree you will not:

  1. create a false identity for the purpose of misleading others or impersonate any person or entity, including but not limited to any Company representative, or falsely state or otherwise misrepresent your affiliation with a person or entity;
  2. register, subscribe, attempt to register, attempt to subscribe, unsubscribe, or attempt to unsubscribe, any party for any services offered on the Site if you are not expressly authorized by such party to do so;
  3. provide any information which is false, misleading, omits material facts, or is otherwise incorrect or incomplete in any material respect;
  4. upload or transmit any message, information, data, text, software or images, or other content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, or otherwise objectionable, or that may invade another’s right of privacy or publicity, or that you do not have a right to reproduce, display or transmit under any law or under contractual or fiduciary relationships; or
  5. upload files that contain viruses, Trojan horses, worms, time bombs, cancel-bots, corrupted files, or any other similar software or programs that may damage the operation of another’s computer or property of another.

Disclaimers

The information and descriptions contained herein are not intended to be complete descriptions of the terms, exclusions and conditions applicable to our products and services, and are not intended to offer legal, accounting, tax or other financial advice, but are provided solely for general informational purposes. Please refer to the actual policy or the relevant product or services agreement for complete terms, exclusions and conditions. The purchase or sale of insurance between FBAlliance, its carrier partners and their customers are governed by separate written policies or contracts. The terms of these policies or contracts are binding on the parties. No other representation, whether made in person, online, electronically (including, but not limited to, representations on this Site), in writing, or by graphic or verbal communication may alter the terms of those policies or contracts.

This Site may provide certain summary descriptions or other helpful information regarding products and services. Company attempts to be as accurate as possible; however, any such materials are intended to generally describe the products and services and are subject in all respects to the specific terms and conditions of the actual policy or product/service agreement to which they refer. Complete policy terms are available upon request.

Insurance quotes are furnished by the individual insurance companies and are subject to change without notice. A quote should not be construed as a promise from the insurance company to actually issue that policy or any other policy to you. Insurance quotes presented are based on the information you have provided to us. To purchase a policy, you must submit a completed application to the insurance company. The insurance company will review your application, along with other information they may obtain from outside sources. After the insurance company has completed its underwriting process they will determine the actual premium to charge you. This underwriting process may result in higher or lower premiums than your quote.

This Site may provide you with planning and educational tools, including calculators. Such tools and calculators may allow you to model “what-if” scenarios, the results of which are illustrative and are based on the information and assumptions identified. There is no guarantee that the results shown are necessarily accurate or will be achieved.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT: (a) YOUR USE OF THIS SITE AND THE MATERIALS PROVIDED AT THE SITE ARE AT YOUR SOLE RISK, AND (b) THE MATERIALS MAY CONTAIN INACCURACIES AND TYPOGRAPHICAL ERRORS. FBALLIANCE DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE MATERIALS OR THE RELIABILITY OF ANY ADVICE, OPINION, STATEMENT OR OTHER INFORMATION DISPLAYED OR DISTRIBUTED THROUGH THE SITE. FBALLIANCE RESERVES THE RIGHT, IN ITS SOLE DISCRETION, TO CORRECT ANY ERRORS OR OMISSIONS IN ANY PORTION OF THE SITE.

THIS SITE, THE SERVICES, INFORMATION AND MATERIALS ON THE SITE AS WELL AS ANY SOFTWARE MADE AVAILABLE ON THE SITE, ARE PROVIDED “AS IS” WITHOUT ANY REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT, OR FITNESS FOR ANY PARTICULAR PURPOSE.

Some jurisdictions do not permit the exclusion of implied warranties. Therefore some of the exclusions above may not apply to you.

Limitation of Liability

YOU UNDERSTAND AND AGREE THAT FBALLIANCE WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES, COSTS OR LOSS OF PRODUCTS, USE, DATA OR OTHER INTANGIBLE LOSSES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITIES OF THOSE DAMAGES, RESULTING FROM: (a) YOUR USE OF OR INABILITY TO USE THE SITE, OR (b) OBTAINING SUBSTITUTE PRODUCTS AND/OR SERVICES, OR (c) THE USE OF ANY DATA, INFORMATION, PRODUCTS OR SERVICES OBTAINED FROM TRANSACTIONS ENTERED INTO THROUGH THE SITE, OR (d) ANY STATEMENT OR CONDUCT OF ANY THIRD PARTY, OR (e) ANY OTHER MATTER RELATED TO THE SITE.

Some jurisdictions do not permit the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Therefore, some of the limitations above may not apply to you.

Availability of Products and Services

Due to various insurance and other regulatory restrictions, certain products and services described on this Site are not available to all users. Also, products and services may vary by jurisdiction. EXCEPT AS EXPRESSLY STATED HEREIN, THE INFORMATION CONTAINED ON THIS SITE IS NOT AN OFFER TO SELL OR A SOLICITATION TO BUY ANY SECURITY, INSURANCE PRODUCT, OR OTHER PRODUCT OR SERVICE BY COMPANY OR ANY INSURANCE COMPANY. No security, insurance product or other product or service is offered or will be sold by Company, or, if sold, will be effective in any jurisdiction in which such offer or solicitation, purchase or sale would be unlawful under the securities, insurance or other laws of such jurisdiction.

Third Party Sites

For your convenience, we may provide links to other sites that we do not control. We are not responsible for the terms and conditions of use or privacy policy of any sites not under our control and we do not endorse any of these sites, the services or products described or offered on such sites, or any of the content contained on those sites.

External Links to the Site

All links to the Site must be approved in writing by FBAlliance, except that FBAlliance consents to links in which: (a) the link is a text-only link containing only the name “FBAlliance”, (b) the link “points” only to www.fballianceins.com and not to deeper pages: (c) the link, when activated by a user, displays that page full-screen in a fully operable and navigable browser window and not within a “frame” on the linked website; and (d) the appearance, position, and other aspects of the link may neither create the false appearance that an entity or its activities or products are associated with or sponsored by FBAlliance nor be such as to damage or dilute the goodwill associated with the name and service marks/trademarks of FBAlliance. FBAlliance reserves the right to revoke this consent to link at any time in its sole discretion.

Viruses

FBAlliance is not responsible or liable for any damage caused by viruses or related hazards, whether or not that virus or hazard resulted from a visit to this Site. You, and not FBAlliance,assume the entire cost of all necessary servicing, repair, or correction related to computer viruses.

Sensitive / Confidential / Proprietary Information

You agree not to submit any sensitive information about any person on whose behalf you are not validly expressly authorized to act via the Site. We define “sensitive information” as information that might include a Social Security number, account numbers, including bank account or payment card information, claim information, or medical information about any person.

You agree not to submit any confidential or proprietary information to FBAlliance via the Site. You agree that any information or materials that you or individuals acting on your behalf provide to FBAlliance via the Site will not be considered confidential or proprietary, other than as provided in the Site’s Privacy Policy. By providing any such information or materials to FBAlliance via the Site, other than as provided in the Site’s Privacy Policy, you grant to FBAlliance an unrestricted, irrevocable, worldwide, royalty-free license to use, reproduce, display, transmit, distribute and sub-license to others such information and materials, and you further agree that FBAlliance may use, and allow others to use, any ideas, concepts or know-how that you or individuals acting on your behalf provide to FBAlliance. You further agree not to provide any information or materials to FBAlliance that is defamatory, threatening, obscene, harassing, or otherwise unlawful, or that incorporates the proprietary material of another.

Privacy Policy

You agree to review the website privacy policy posted on this Site, which can be accessed here: [HYPERLINK TO PRIVACY POLICY]

Governing Law; Jurisdiction; Venue;

These Terms shall be governed by the laws of the State of Illinois, United States of America, without giving effect to its conflict of law provisions. Any disputes arising under these Terms shall be resolved in any state or federal court in Chicago, Illinois, with all parties hereto consenting to the jurisdiction of such court, and that venue.

Age and Location of User

All content available on this Site is solely directed to individuals 18 years of age or older residing in the United States, unless expressly specified otherwise. Products or services may not be available in all states within the United States, and are subject to applicable laws and regulations. Any use of any part of this Site is prohibited where not allowed by law.

Password Accounts, Passwords, and Security

If you have been given the option to open an account on this Site which will provide you with access to password protected portions of the Site and you elect to do so, you must complete the registration process by providing us with current, complete and accurate information as prompted by the applicable registration form, and choose a password and user name. You are entirely responsible for maintaining the confidentiality of your password and account and for any and all activities that occur under your account. You agree to (a) only use your account and log-in credentials; (b) exit completely from your account at the end of each online session; and (c) immediately notify the Company of any unauthorized use of your account or any other suspected breach of security of which you become aware. The Company will not be liable for any loss that you may incur as a result of a third party using your password or account, with or without your knowledge. You could be held liable for losses incurred by the Company or another party due to a third party’s use of your account or password.

Severability

To the maximum extent possible, each of the disclaimers and each of the provisions of the Terms shall be interpreted in such a manner as to be valid and enforceable under applicable law. If any provision hereunder is held to be invalid or unenforceable under applicable law, such provision shall be deemed modified so as to be rendered valid and enforceable while implementing, to the greatest extent possible, the original intent of such provision. If such reformation is not possible or permitted, the invalidity or unenforceability of such a provision shall not otherwise impact the validity or enforceability of the remaining provisions hereunder.

Waiver

No waiver of any term or condition herein shall be deemed a further or continuing waiver of such term or condition or any other term or condition.

Electronic Communications

When you visit this Site or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

Notices

Any notices to you from the Company regarding the Site or these Terms will be posted on this Site or made by e-mail or regular mail.

Entire Agreement

These Terms and any additional terms of use we may post on specific parts of our Site constitute the entire agreement between the Company and you in connection with your use of this Site and supersede any prior agreements between the Company and you regarding use of this Site, including prior versions of these Terms.

Modification of Terms

We reserve the right to modify these Terms without notice to you, and your continued use of the Site after such modifications will make such modifications binding upon you. These Terms are effective until terminated or updated by the Company. In the event of termination of these Terms, the disclaimers and limitations of liabilities set forth herein survive. The modified Terms will apply only to disputes that arise after the modification has been posted on the Site. Please check this page periodically for updates or modifications to these Terms.

Contacting Us

If you have any questions about these Terms, please write to us at info@fballianceins.com.



Last Updated: January 18th, 2016.