Terms of Service
Last Updated April 18, 2023
Your use of www.cphins.com (including any online content, functionality, services, and features, the “Site”) is subject to these terms of service (these “Terms”).
1. ACCEPTANCE OF THESE TERMS
YOU SHOULD CAREFULLY READ THESE TERMS. By accessing, browsing, or using the Site, including by contacting us through the Site, you are creating a binding contract between you and us, and you acknowledge that you have read, understood, and agreed to be bound by these terms. If you do not agree to these terms or to any other policy posted on the Site, you should not access or otherwise use the Site.
We may make changes to the Site or these terms at any time. It is our practice to post any changes we make to these terms on this page, and any changes will be effective once the new terms are posted. It is your responsibility to check these terms for updates. You will be able to determine when these terms were last updated by referring to the “Last Updated” legend at the top. You understand and agree that your continued access to or use of the Site after any posted modification to these terms indicates your acceptance of the modifications, even if you did not take the time to read them.
2. INFORMATION DISPLAYED ON THE SITE
We have made reasonable efforts to present accurate information on our site. However, it is possible that information may display may be out of date, may contain inaccuracies or typographical or other errors.
Our Site is provided as a service to help individuals access and purchase certain policies of insurance. Any medical or health-related information that we present is general in nature and is not a substitute for professional health or medical care, diagnosis, or treatment. We are providing this information solely for educational and informational purposes, and the Site should not be relied upon for personal, professional, medical, legal, or financial decisions. You should consult an appropriate professional for specific advice tailored to your situation.
Nothing on the Site constitutes a solicitation or offer to purchase products or services from us or any of our affiliates in any jurisdiction in which we are not licensed to provide such products and/or services or are otherwise prohibited from providing such products and/or services through the Site. Our products and services may not be available in all areas, and are subject to applicable regulations, and in some instances are available only through employers or other plan sponsors. We are not responsible for, and we do not make any representation or warranty regarding, your approval for any insurance policy or the decisions of any insurance carrier regarding any application for or claims made with respect to any insurance policy. Covered insurance services and benefits are provided under the terms of the applicable plan contract, including all exclusions and limitations. You should contact one of our representatives, or the applicable carrier, if you have specific questions about any products or services referenced on our Site.
By using the Site, you agree not to hold us or any of our managers, officers, affiliates, agents, employees, licensors, or partners liable for any possible claim for damages of any kind relating to any decisions made by you, any insurance carrier, or any third party relating to any application for or maintenance of any insurance policy.
3. USING OUR SITE
You must be at least 18 years old to use our Site. By accessing, browsing, or otherwise using the Service, including to create an account and/or to apply for and manage any insurance policy, you represent and warrant to us that (a) you are at least 18 years old and have the capacity to agree to these Terms as a binding contract, (b) you are using your actual identity, (c) you will provided only true, accurate, current, and complete information to us, (d) you will maintain and promptly update the information you provide to us to keep it true, accurate, current, and complete, (e) when using the Site and/or applying for or taking any action with respect to any insurance policy, you are acting only for yourself and your business, and (f) you have read, understood, and agreed to these Terms.
To make your use of the Site easier, you will have the opportunity to register on the Site with unique login information to gain access to our customer portal. By registering on the Site, you authorize us to act on any instructions received using your registration information. You agree not to disclose or share your login information to or with any third party. You also agree that you will be solely responsible for the maintenance and security of your login information, and that you will be solely responsible for any activities conducted on or through the Site, including any actions taken with respect to any insurance policy, made in connection with your login information, regardless of whether or not you are the individual who undertakes such activities. This includes any unauthorized access and/or use of your Site registration and/or the customer portal.
You agree to use the Site only for purposes that are permitted by these Terms, and agree not to misuse the Site. Without limiting that general requirement, you agree not to:
- Violate any applicable foreign, federal, state and local laws, rules and regulations;
- Use the Site in any manner that may adversely affect the products and services offered through the Site, or the Site’s availability to other users;
- Use any device or program to interfere, or attempt to interfere, with the proper operation of the Site (such as through hacking or denial of service attacks); or
- Copy, reprint, modify, lease, distribute, assign, sell, license, reverse engineer, or create derivative works using, any content from the Site.
You agree that you are solely responsible for the consequences of any breach of your obligations under these Terms, and that we have no responsibility to you or any third party for any consequence of any such breach by you.
You acknowledge and agree that, in connection with our provision of the Site, we may change the form and nature of the Site from time to time, without prior notice to you. We may stop (permanently or temporarily) making the Site, or certain features within the Site, available to you or to other users at our sole discretion, without prior notice to you, including if we are investigating any suspected noncompliance with these Terms.
4. INTELLECTUAL PROPERTY AND PROPRIETARY RIGHTS
You agree that, as between you and us, we own or otherwise have all proprietary rights to all content included on the Site. We also own or otherwise have all proprietary rights to the copyrights, trademarks, service marks, trade names and other intellectual and proprietary rights throughout the world associated with the content and the Site, which are protected by applicable intellectual and proprietary rights and laws.
You may not reproduce, publish, distribute, display, modify, create derivative work from, or exploit in any way, in whole or in part, any Site content without our prior express written consent. You are permitted to use view, print, or download any content from the Site solely for your own personal, non-commercial use and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works, or other use. You have a limited, non-exclusive and non-transferable license to view, print, and download content from the Site solely for such limited permitted use. Any unauthorized use of the Site and the content immediately and automatically without further action terminates this license. You may not download, republish, retransmit, reproduce, or use in any other way any image on the Site as a stand-alone file (i.e. separate from the article, text, caption, or other graphics used with the image in context on the Site).
The trademarks and logos, and all related names, logos, products and service names, designs and slogans used and displayed on the Site – including the names “CPH” and “CPH Insurance” as well as our logos – are trademarks of us, our affiliates, or third parties with whom we have a business relationship. You may not use such marks without our prior written permission. Further, you may not use any metatags, meta elements, “hidden text” or other equivalents using our name or any variation on our name without our prior written authorization.
You may not remove or modify any copyright, trademark or other proprietary rights notice that appears on any portion of the Site.
You agree to defend, indemnify and hold harmless us and our affiliates and our and their respective representatives, officers, directors, employees, agents, licensors and suppliers from and against all liabilities, losses, claims, damages, costs, and expenses, including attorney’s fees, that arise from or relate in any way to your use of the Site, your violation of these Terms, and your violation of any third-party rights, including any intellectual property rights.
6. DISCLAIMERS AND EXCLUSIONS OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK AND THAT THE SITE AND THE SITE IS PROVIDED ON AN “AS IS,” “AS AVAILABLE” AND “WITH ALL FAULTS” BASIS.
WE AND OUR LICENSORS AND AFFILIATES EXPRESSLY DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND RELATING TO THE SITE, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. FOR EXAMPLE, WE DO NOT MAKE ANY COMMITMENTS THAT:
- YOUR USE OF THE SITE, OR OF ANY PRODUCTS OR SERVICES OFFERED THROUGH OUR SITE, WILL MEET YOUR REQUIREMENTS;
- YOUR USE THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR; OR
- ANY INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USE OF THE SITE WILL BE ACCURATE OR RELIABLE.
ANY MATERIAL OBTAINED THROUGH USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER DEVICE OR LOSS OF DATA THAT RESULTS FROM SUCH MATERIAL. SOME JURISDICTIONS DO NOT PERMIT LIMITATIONS OR EXCLUSIONS ON WARRANTIES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
7. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT WE, OUR AFFILIATES, AND OUR LICENSORS WILL NOT BE LIABLE TO YOU FOR: (A) ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL OR EXEMPLARY DAMAGES THAT MAY BE INCURRED BY YOU, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, INCLUDING ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY), ANY LOSS OF GOODWILL OR BUSINESS REPUTATION, ANY LOSS OF DATA SUFFERED, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSS; (B) ANY LOSS OR DAMAGE THAT MAY BE INCURRED BY YOU AS A RESULT OF YOUR USE OF THE SITE OR PRODUCTS OR SERVICES OFFERED THROUGH THE SITE.
THE LIMITATIONS ON OUR LIABILITY TO YOU WILL APPLY WHETHER OR NOT WE HAVE BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES.
YOUR ONLY REMEDY FOR DISSATISFACTION WITH THE SITE IS TO STOP USING THE SITE. THAT SAID, IF WE ARE FOUND TO BE LIABLE TO YOU FOR ANY DAMAGE OR LOSS THAT IS IN ANY WAY CONNECTED WITH YOUR USE OF THE SITE, OUR LIABILITY WILL NOT EXCEED US$100.00.
APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
8. USER COMMUNICATIONS
You understand and agree that when you use the Site, you may be asked to provide us with documents, data, information, and other content and materials (collectively, “Communications”) that will be provided to our partner insurance carriers and other third parties as necessary to facilitate your application for and maintenance of an insurance policy.
You are responsible for all Communications you provide to us. By providing us with any Communications, you represent and warrant that you have the authority to provide those Communications, and that all information included in the Communications is true, accurate, current, and complete. If you need to correct any information after providing Communications to us, please contact us at email@example.com or through our online customer portal.
You understand that once Communications have been provided to us we may not be able to return them to you, and we are under no obligation to do so. It is your responsibility to ensure that you keep backup copies of all Communications you provide to us.
You understand and agree that we will be using the Communications to facilitate your application for and maintenance of an Account. You authorize us to use the Communications for those and any reasonably related purposes consistent with our Privacy Notice, which is available here.
In addition, by providing us with any Communications you are also directing us to intentionally disclose those Communications, including all personal information they contain, to, and to use this personal information in interactions with, the insurance carriers we work with to provide insurance. By interacting with the Site and applying for or making any inquiries with respect to any insurance policy, you are also intending to deliberately interact with the applicable insurance carrier(s).
10. GOVERNING LAW, CHOICE OF FORUM, JURY AND CLASS ACTION WAIVER
Please read the following section carefully, because it limits the manner in which you can seek relief from us.
The laws of the State of Illinois (without giving effect to its conflicts of law principles) govern all matters arising out of or relating to these terms, including, without limitation, their validity, interpretation, construction, performance, and enforcement. All legal proceedings arising out of or in connection with the Site and/or these terms shall be brought solely in the State of Illinois. YOU AND WE HEREBY WAIVE TO THE FULLEST EXTENT PERMITTED BY LAW ANY RIGHT TO TRIAL BY JURY IN ANY ACTION, SUIT OR RELATED PROCEEDING BROUGHT TO ENFORCE, DEFEND OR INTERPRET ANY RIGHTS OR REMEDIES ARISING UNDER, RELATING TO OR IN CONNECTION WITH THE SITE OR THESE TERMS. FURTHER, YOU AGREE THAT YOU MAY ONLY RESOLVE DISPUTES IN YOUR INDIVIDUAL CAPACITY, AND MAY NOT BRING A CLAIM AS A PLAINTIFF OR AS CLASS MEMBER IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. CLASS ARBITRATIONS, CLASS ACTIONS, PRIVATE ATTORNEY GENERAL ACTIONS, AND CONSOLIDATION WITH OTHER ACTIONS ARE NOT ALLOWED.
11. INJUNCTIVE RELIEF
In the event that you breach any of the requirements or conditions of your use of the Site, including these Terms, you acknowledge and agree that we will be greatly and irreparably damaged, and the damage will be difficult to quantify. Therefore, we may apply to any court of competent jurisdiction accepting jurisdiction under this specific provision, who, regardless of the Governing Law provision, will apply the laws of its own jurisdiction in determining whether we will be granted an injunctive or other equitable relief to stop your breach or your threat of breach, without impairing, invalidating, negating or voiding our rights to relief in either law or equity.
12. GENERAL LEGAL TERMS
If any provision of these Terms is held to be unenforceable, this holding will not affect the validity of the other provisions.
These Terms are for the benefit of us, our affiliates and licensors, and each will have the right to assert and enforce such provisions directly or on its own behalf.
Our failure to insist upon or enforce strict performance of any of these Terms will not be considered a waiver of any provision or right, which will continue to be available to us.
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