Terms of Use
The following Terms of Use (the “TOU”) describe the terms and conditions applicable to your access and use of this website, operated by Benefitter Insurance Solutions, Inc., a UnitedHealthcare company (the “Website”), as well as your rights and obligations with respect to the Website. By using this Website, you are accepting and agreeing to these TOU. By agreeing to these TOU, you are also agreeing to the other policies posted on the Privacy section of the Website, including but not limited to the Privacy and Security Policy. If you do not agree to these TOU, do not use this Website. We reserve the right to change the TOU and other policies posted on the Privacy Section of the Website at any time, without notice to you. It is your responsibility to periodically check for any changes we make to these TOU. Continued use of the Website will constitute acceptance of such changes.
Any client-specific information that is entered into and generated by the Website, including online and/or printed proposals, is confidential and, with the exception of Benefitter personnel and other parties authorized by Benefitter, may only be accessed by the user from whom the information originated.
Benefitter may change or restrict your use of this Website and/or make changes to the products and services described on the Website at any time without notice. Use of this website is granted by permission only and may be revoked at any time without notice.
Lawful Purpose:By using this Website, you represent that you are of legal age, and are using this website for a lawful purpose. Any use of this website and information generated by it that is in violation of any federal, state or local law or regulation (including insurance regulations) is prohibited.
Products/Services Illustrated on Website:Nothing within the Website, nor the proposals or any other materials it generates, should be deemed a contract for coverage or a solicitation of an application for coverage. The insurance quotations obtained by use of this Website do not constitute an offer of insurance and are subject to the approval of the respective insurance providers. No contract for the provision of a policy of insurance is formed by the use of this Website. Benefitter does not have the authority to bind and/or approve any application for coverage.
Prohibited Actions:Copying/duplicating any information presented on the Website or creating subsets or derivative databases it, except for personal use only.Assigning, selling or passing along any information presented on the Website.Publishing or otherwise disseminating any information presented on the Website or creating subsets of derivative databases of it for commercial use or sale.Unauthorized distribution of user names, passwords and/or access codes is strictly prohibited.Adding, removing, or modifying identifying network header information (aka “spoofing”) in an effort to deceive or misleadAttempting to impersonate any person by using forged headers or other identifying information.Any activities which adversely affect the ability of other people or systems to use Benefitter services or the internet are prohibited. This includes “denial of service” attacks against the Benefitter servers, network hosts or individual user.Sending unsolicited commercial email. Using a Benefitter email or Website address to distribute commercial email is prohibited.Attempting to circumvent user authentication or security of any host, network or account (aka “cracking”) is strictly prohibited. This includes, but is not limited to, accessing data not intended for the customer, logging into a server or account the customer is not expressly authorized to access, or probing the security of Benefitter servers and networks.Using any program/script/command, or sending messages of any kind, designed to interfere with a user’s session, by any means, locally or by the internet.Benefitter reserves the right to monitor internet access to the Website by authorized users, as part of the normal course of its business practice. Should Benefitter discover users engaged in prohibited actions outlined above, Benefitter reserves the right to temporarily or permanently suspend such user’s access to the Website.
Third Party Links:This Website contains links to third party websites. Benefitter makes no representations regarding the content or accuracy of any website that you may access through this Website, including links to third party websites such as physician and hospital provider search engines. Benefitter does not monitor and is not responsible for the content found on other websites that are linked from this Website. We therefore encourage you to review the privacy policies and terms of use of any third-party site. Benefitter does not imply endorsement, recommendation or sponsorship for any linked website or the services, products, or advice described therein. The views, opinions, statements, offers, or other information or content expressed therein are those of the respective author(s) or distributor(s), not of Benefitter.
Disclaimer of Warranties:THIS WEBSITE AND ANY PRODUCTS OR SERVICES AVAILABLE THROUGH THE WEBSITE ARE PROVIDED TO YOU ON AN “AS IS,” “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, SYSTEMS INTEGRATION, ACCURACY, AND NON-INFRINGEMENT. BENEFITTER, ITS PARENTS, SUBSIDIARIES AND AFFILIATES, EACH SUCH ENTITY’S EMPLOYEES, OFFICERS, DIRECTORS, AGENTS, AND ANY OTHER PARTIES INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING BENEFITTER’S WEBSITE SERVICES (“THE BENEFITTER PARTIES”) MAKE NO REPRESENTATIONS OR WARRANTIES THAT USE OF THE WEBSITE MATERIALS WILL BE UNINTERRUPTED OR ERROR-FREE. YOU ARE RESPONSIBLE FOR TAKING ALL NECESSARY PRECAUTIONS TO ENSURE THAT ANY MATERIALS YOU MAY OBTAIN ARE FREE OF VIRUSES OR ANY OTHER HARMFUL COMPONENTS.
THE BENEFITTER PARTIES MAKE NO WARRANTIES OR REPRESENTATIONS RELATED TO THE INFORMATION CONTAINED ON THIS WEBSITE AND DISCLAIM ALL LIABILITY FOR ERRORS OR OMISSIONS IN THE INFORMATION PRESENTED. THE BENEFITTER PARTIES MAKE NO WARRANTIES OR REPRESENTATIONS RELATED TO THE ACCURACY OF ANY OF THE INFORMATION CONTAINED WITHIN THIS WEBSITE. FOR A COMPLETE DESCRIPTION OF BENEFITS, LIMITATIONS, EXCLUSIONS, AND PARTICIPATION REQUIREMENTS, INTERESTED PARTIES ARE STRONGLY ADVISED TO CONTACT THE INSURANCE COMPANY OR ISSUER OF COVERAGE DIRECTLY. AMONG OTHER THINGS, OFFERS OF COVERAGE AND DETERMINATION OF FINAL RATES AND BENEFITS ALL REMAIN THE EXCLUSIVE AUTHORITY OF THE INSURER AND/OR ISSUER OF THE POLICY.
Certain assumptions may have been made in the development of our proposals, including, but not limited to, industry classification, dependent status, employee zip codes, and employer/employee premium contributions. The assumptions used, if any, in the development of our proposals may not be correct and may cause the final rates and benefits to differ from those in the proposals. For a variety of reasons, including miscommunication and/or date entry errors (including those made by Benefitter personnel), rates and benefits generated by this Website may be inaccurate. These and other factors may also cause the final rates and benefits to differ from those included in a proposal.
Use of this Website is deemed an acknowledgement by the user of his/her understanding and acceptance of the fact that responsibility for the accuracy of census information, rate calculations, and all other documents in the proposals rests solely with the user, regardless of who entered the data (including an employee of the Benefitter Parties).
Disclaimer of Liability:YOUR USE OF THIS WEBSITE IS AT YOUR OWN RISK. UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL THE BENEFITTER PARTIES BE LIABLE IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, FOR ANY DAMAGES WHATSOEVER, WHETHER SPECIAL, CONSEQUENTIAL, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, OR OTHERWISE, THAT MAY BE SUFFERED BY THE USER, EVEN IF THE BENEFITTER PARTIES HAVE BEEN ADVISED, KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, INCLUDING BUT NOT LIMITED TO:
(I) LOSS OF DATA RESULTING FROM DELAYS, NON-DELIVERIES, HUMAN ERROR, TECHNICAL MALFUNCTIONS, FAILURES, OMISSION, INTERRUPTION, DELETION, OR DEFECT OF ANY TELEPHONE NETWORK, COMPUTER ONLINE SYSTEMS, COMPUTER EQUIPMENT, SERVER PROVIDERS, OR SOFTWARE;
(II) ANY INJURY OR DAMAGE TO USER’S OR ANY OTHER PERSON’S COMPUTER RELATING TO OR RESULTING FROM USE OF THE WEBSITE;
(III) INABILITY TO ACCESS STORAGE SERVICE(S);
(IV) THEFT, TAMPERING, DESTRUCTION, OR UNAUTHORIZED ACCESS TO, OR ALTERATION OF CONTENT;
(V) ANY INCORRECT OR INACCURATE INFORMATION DISSEMINATED OR PROVIDED, OR THE COST OF PROCUREMENT OF ANY SUBSTITUTE PRODUCTS AND/OR SERVICES RESULTING FROM ANY PRODUCTS, DATA, INFORMATION OR SERVCIES OBTAINED OR WHICH YOU WERE UNABLE TO OBTAIN OR TRANSACTIONS AFFECTED;
(VI) SERVICE INTERRUPTIONS BY ANY CAUSE INCLUDING WITHOUT LIMITATION THOSE CAUSED BY A COMPUTER VIRUS, SOFTWARE BUG, HUMAN ACTION OR INACTION;
(VII) ERRORS OR OMISSIONS OF THE USER; OR
(VIII) ANY MATTER OTHERWISE RELATED TO YOUR USE OF THE WEBSITE.
Indemnification:You agree that you shall defend, indemnify, save, and hold the Benefitter Parties harmless from any and all demands, lawsuits, charges, liabilities, losses, costs, and claims, including reasonable attorneys’ fees (“Liabilities”), asserted against the Benefitter Parties that may arise or result from any service provided or performed or agreed to be performed or any product sold by you or your employees, clients, or assigns. You agree to defend, indemnify, and hold harmless the Benefitter Parties against any and all Liabilities, including but not limited to those arising out of: (i) any actual or alleged breach of these TOU, or any related or subsequent agreements, by you, your affiliates and subsidiaries, their respective employees, or anyone authorized to act on your behalf; (ii) any negligence or willful misconduct by you or your affiliates or subsidiaries, or the respective employees or agents of such entities, or anyone else authorized to act on your behalf; (iii) any injury to person or property caused by any products sold or otherwise distributed in connection with the Benefitter Parties or services provided by the Benefitter Parties; (iv) any material supplied by you infringing or allegedly infringing on the proprietary rights of a third party; (v) copyright infringement; (vi) any claim or allegation that your services or products violate any law, ordinance, rule, statute, or regulation of any jurisdiction; (vii) any claims from your employees, agents, independent contractors, sub-contractors, and/or suppliers with respect to any lien for nonpayment of services or materials; and (viii) any defective product which you sold as a result of using the Benefitter Website.
Copyright:This Website and all of its contents are protected by U.S. copyright laws and owned by Benefitter. Except as expressly provided under these TOU, you may not use, reproduce, modify, transmit, distribute, or publicly display this Website without the prior written consent of Benefitter.
Contacting Benefitter:If you have Website questions, comments, or concerns, please email support@benefitter.com. Please include details of your questions, comments, or concerns, including your complete name and contact information.
Violation of TOU:Benefitter reserves the right to seek all remedies available at law and in equity for violations of the terms and conditions set forth in these TOU and the Privacy Policy, including, but not limited to, the right to block access from a particular internet address to the Website.
Severability:Should any provision of these TOU or any policies posted on the Privacy section of the Website be held invalid, unlawful, or for any reason unenforceable, then that respective provision shall be severable from the remaining provisions. Such invalid, unlawful or unenforceable provision shall not affect the validity or enforceability of the remaining provisions.
Governing Law:These TOU and the relationship between you and Benefitter shall be governed and construed in accordance with the laws of the State of Texas applicable to contracts entered into and fully performed in Texas (without regard to its conflicts of law principles). With respect to any disputes or claims not subject to arbitration, you agree not to commence or prosecute any action in connection therewith other than in the state and federal courts located in the State of Texas, and you hereby consent to personal jurisdiction, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to venue and jurisdiction, in the state and federal courts therein. Additionally, you agree that regardless of any statute or law to the contrary, any dispute arising out of or related to the Website or these TOU must be filed within one year after such claim or cause of action arose.
Dispute Resolution:By using the Website in any way, you unconditionally agree and consent that any controversy or claim you may have against the Benefitter Parties arising out of or relating to these TOU or the Website shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in Dallas, Texas, and judgment on the arbitration award may be entered in any court having jurisdiction thereof. ACCORDINGLY, YOU ACKNOWLEDGE THAT YOU MAY NOT HAVE ACCESS TO A COURT, TO CLASS OR REPRESENTATIVE PROCEDURES, OR TO A JURY TRIAL. Notwithstanding any other provision of these TOU, the Benefitter Parties may resort to court action for injunctive relief at any time.
Privacy and Security
PolicyTerms used but not defined in this Privacy and Security Policy will have the meaning given such terms in the Terms of Use. We reserve the right to change this Privacy and Security Policy at any time, without notice to you. It is your responsibility to periodically check for any changes we make to the Privacy and Security Policy. Continued use of the Website will constitute acceptance of such changes.
Information This Website Gathers About You:We collect personally identifiable information about you when you provide it to us voluntarily, such as by registering with us as a broker or agent, completing a survey, or requesting information about services on the Website. We may also collect information about employers or employees as part of a broker’s management of an account or quotation for coverage.
Additionally, our Website routinely collects and stores information from online visitors. This information includes: a registered user’s username, the pages visited on the site, the date and time of the visit, the internet address (URL or IP address) of the referring site, the domain name and IP address from which the access occurred, the version of the browser used, the capabilities of the browser, and the search terms used on our search engine. This information is used to help us manage the site, improve our service, and understand web visitor usage patterns.
Benefitter does not direct its Website to children under 13 and does not knowingly collect personal information from children under the age of 13, without prior parental consent. If Benefitter receives actual knowledge we have received any such personal information without the required verifiable parental consent, we will delete the information from our database as soon as we practically can.
How We Use Cookies:Benefitter uses cookies to store and sometimes track information about you. A cookie is a small amount of data that is sent to your browser from a web server and stored on your computer's hard drive. We use cookies to store your user name so that you do not need to log into each restricted page. This cookie is created when you register. Benefitter also collects IP addresses for system administration.
With Whom We Share Information:Information collected during your visit to the Website is used by Benefitter and its related entities to support your relationship with us and improve your experience with Benefitter. We may make registration records and log files available on a confidential basis to third-parties such as carriers, select measurement and analysis firms, auditors, or data storage firms. These parties do not use or otherwise disclose any information except for the purpose of providing the services or administering the activities on our behalf. We conduct internal research on our users' demographics, interests, and behavior based on the information provided to us upon registration or from our server log files. We do this to better understand and serve our users. This research is compiled and analyzed on an aggregated basis. We do not share or distribute this information except when we have your permission. We will ensure that any third party with whom we share information has agreed to assure adequate protection of your information. We also may disclose any information and materials as necessary to satisfy any law, regulation, or governmental request, or as otherwise permitted by law.
Collection and Use of Third Party PII:We provide you the functionality to enter your clients’ information on the Website and generate proposals and quotes through our system. This third party personally identifiable information, such as their name, date of birth and gender, along with sensitive information such as their medical information, is only used for the sole purpose of completing your request or for whatever reason it may have been provided, and is only disclosed to a service provider when you select to request a quote on the Website.
Correcting and Updating Your Information:Benefitter will provide you with information about whether we hold any of your personal information. To access your personally identifiable information and the third party information of your clients hosted in your account on the Website, sign into your account and you will have access to all the information you have entered. From your account you can update or delete your information or change your preferences. In the event that you no longer require the services of the Website and select to delete your account, please contact us at the email below and we will service this request on your behalf. We will retain your information for as long as your account is active or as needed to provide you services. If you wish to cancel your account or request that we no longer use your information to provide you services, contact us at support@benefitter.com. We will respond to your request to access within a reasonable period of time. We will retain and use your information as necessary to comply with our legal obligations, resolve disputes and enforce our agreements.
Internet Security:Benefitter makes reasonable efforts to secure information it receives through this Website, including using a firewall and limiting access to employees with a need to review such information. However, Benefitter makes no warranties or representations regarding the security of this data. Data sent over the internet may be intercepted by third parties. If you are concerned about the security of your data, you should not send it over the internet.
Username and Password:You are required to have a username and password to access certain areas of the Website. You are responsible for maintaining the confidentiality of your username and password and are responsible for all uses of them, regardless of whether the uses were authorized by you. Benefitter prohibits the transfer or sharing of usernames and passwords. You agree to immediately notify Benefitter of any unauthorized use of your username or password or any other breach of security or privacy.
Linking to Other Websites:Please remember that when you use a link to go from this Website to another website, this Privacy and Security Policy is no longer in effect. Your browsing and interaction on any other website, including websites that have a link on this Website, are subject to the terms, conditions and policies of that website. Please read those terms, conditions and policies before proceeding.
Changes in Ownership:In the event that ownership of Benefitter was to change as a result of a merger, acquisition or transfer to another company, personal information that you provide to Benefitter through this Website may be transferred. If such a transfer results in a material change in the use of your personal information, Benefitter will provide notice about your choices to decline to permit such a transfer.