Last Updated: September 27th, 2021
About This Agreement
Welcome to INSXCloud.com We want you, the consumer, to be familiar with your rights and obligations relating to use of our website and services, as well as our promises to you. Please, carefully review all the terms below.
Here are a few important points:
● By taking action to request information, accept terms, or submit information, you are consenting to
certain contact from INSXCloud, Inc. and our partners. (Section 2)
● INSXCloud, Inc. is not liable for your activities and make no warranties with respect to our sites.
(Sections 11 and 12)
● You agree to arbitrate in your individual capacity if there is a dispute between us. (Section 15)
● Please do not hesitate to contact us if you have questions or need help.
This website (“Site”) is owned and operated by INSXCloud, Inc. (collectively referred to as “INSXCloud”, “we”, “us” or “our”), which owns this domain. Through this Site, INSXCloud provides you with access to a variety of resources, including content (which may in some cases be downloadable), communication forums, personal web pages or profiles, service and product information, and other interactive features (including the Site, collectively, “Services”). By using or accessing the Services, or any of the Site’s Elements (as defined below), you acknowledge that you agree to and are subject to the following terms and conditions of service (the “Terms”). The Terms constitute a legally binding agreement between you and INSXCloud as the owner and operator of the Services. You covenant, represent, and warrant that you have any and all authorizations as may be necessary to enter into this agreement and that your use of the Services, including provision or use of any Content (defined below), does not violate any applicable law. If you are using the Services on behalf of an employer or other entity, you represent and warrant that you have the authority to bind such entity to the Terms. Only residents of the United States (including its territorial possessions) who are at least eighteen (18) years of age are authorized to access and use the Services.
If you do not agree to these Terms, you are not authorized to access or use the Services. Stop using any resources we make available and exit the Site and do not engage with the Services.
We reserve the right, in our sole discretion, to change, modify, add, or remove any portion of these Terms, in whole or in part, at any time. We will post a revised version of these Terms on the Site and the revised Terms will be effective immediately thereafter. Your submission of an inquiry and/or other use of the Services following the posting of any such change, modification, or amendment to these Terms will constitute your acceptance of the amendments. When we post changes to these Terms, we will revise the “last updated” date for these Terms. You should periodically review the “last updated” date at the top of these Terms so that you can familiarize yourself with any changes. You are expected to check this page from time to time to take notice of any changes we made, as they are binding on you.
Notice Regarding Dispute Resolution: These Terms contain provisions that govern how disputes between you and INSXCloud are resolved, including an agreement to arbitrate, which will, with limited exception, require you to submit claims you have against us to binding and final arbitration and limit you to claims against INSXCloud on an individual basis.
2. Consent and Privacy
By clicking on any button indicating an acceptance or agreement to terms, a continuance of processing, a request for information or by making any other submission (“submission”), you understand that you are agreeing to the stated terms and conditions of that submission (which include these Terms) and that you are submitting an inquiry to INSXCloud, which may transmit your inquiry, including contact information, to third parties that are customers of our site, including insurance carriers (each, a “Provider”). By including your telephone number and/or email address in any submission, you are extending an express invitation and providing your express written consent to INSXCloud and our affiliates to contact you by telephone at the numbers you have provided (including through an automatic telephone dialing system and using pre-recorded, artificial voice, and/or text messages) so we or they may assist you with your transaction, and you hereby consent to any such calls or texts even if your phone number is on any corporate, state, or national Do Not Call list or registry. You also consent to receiving contact by email at any email address you provide. You are will never be required to provide your consent to be contacted in order to purchase or receive goods or services. For SMS and MMS text messaging, message and data rates imposed by your mobile data provider may apply. You represent that all of the information you have provided in your submission is true and complete. Where applicable, you authorize us to verify the accuracy and authenticity of all information supplied by you, both internally and with the assistance of unaffiliated third parties or credit bureaus.
When you use the Services to make a submission, you agree to allow INSXCloud to add your telephone number and email address to our database of users. You may receive one or more marketing calls or
3. User-Generated Content
You may not post content to this Site. As part of your use of the Services, however, you may be able to post content, including social media content on our other online properties that may be linked to this website. Any content of any kind that you post to the Services (“Content”) will be considered nonconfidential and non-proprietary.
When you post Content, you grant us and our designees’ ownership to all the Content including all patents, copyrights, trademarks, and other intellectual property in the content. You also agree that we may replicate and re-post any of the Content on any of the Services or other online properties as determined by us in our sole discretion, for visitors to the website(s) to view. INSXCloud may remove any Content, including any submission to this site, at any time in its sole discretion.
We are not responsible, or liable to any third party, for the content or accuracy of any materials posted by you or any other user of the Services. We may disclose your identity to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
4. Our Services
PLEASE BE ADVISED THAT WE ARE NOT AN INSURANCE PLAN AND WE DO NOT PROVIDE MEDICAL CARE. This website acts as a venue to allow Providers to offer insurance and other information to any consumer (each, a "Prospect"; all Prospects and Providers are referred to together as the Services’ "users") who has visited one of our Sites or affiliated sites and submitted an inquiry or request to be contacted by companies offering health insurance or other products. DO NOT CANCEL ANY EXISTING INSURANCE UNTIL YOU RECEIVE WRITTEN CONFIRMATION FROM THE INSURANCE COMPANY TO WHICH YOU ARE APPLYING THAT YOUR NEW POLICY IS IN EFFECT.
We are not responsible in any way for the conduct of any Prospect or third-party Provider. We do not endorse or recommend any plans offered by any Provider. The Providers that can connect you with health insurance or conditional offers may not respond with quotes or offers until they obtain
additional information from you. Although we may be compensated by third-party Providers if you make a purchase, we do not make any decisions in connection with the offers that may be offered to you. Any compensation from Providers is payment for our services, tools, and facilities. Your use of the Site and/or the other Services constitutes your agreement with this compensation arrangement. INSXCloud does not guarantee any form of insurance or specific terms or conditions with any Provider.
Providers are third parties and your experience with Providers may vary. Providers may request, verify, and record information that identifies each consumer who makes a submission. For example, they may ask for your name, Social Security Number or driver's license number, health information, address, date of birth, and other important identifying information. Your decision to provide this information to a third party is entirely your responsibility.
Providers and their agents, which include brokers, health insurance agents, and health insurance companies, are responsible for and may change their information and offerings at any time in their own discretion. Nothing on, or related to, the Site guarantees that you are eligible to receive coverage under any insurance plan offered by a Provider.
If you are a broker or agent of a health insurance company, you will be required to establish an account and obtain a username and password to access all functionality of the Services. You are solely responsible for maintaining the confidentiality of your account information, including your password. You must notify us immediately of any unauthorized use of your login information and you are responsible for any liability arising from account activity in an account registered to you. In no event will we be liable for the unauthorized use or misuse of your username or password, account number or password. Please also review Section 10 of these terms, below.
You agree that, if your agent (such as an employee or account administrator) purchased our service(s) on your behalf, you are bound as a principal by all terms and conditions herein. Your continued use of our services ratifies any actions of your agent, authorized or unauthorized.
5. Limited License to Use the Site and Other Services
Providers may compensate us for information that we gather from our Sites, and we may from time- totime charge users fees for utilizing various other services that may now or in the future be provided by our Site or Services. Accordingly, we grant each user a limited, revocable, non-exclusive license to access the Services in order to, as applicable, view or make legitimate inquiries to us regarding our Services, all in accordance with these Terms. We further grant each Provider or our third-party service providers a limited, revocable, non-exclusive license to access the password-protected portions of the Services (as applicable) in accordance with these Terms or any written agreement between us and the
Provider or the third-party service provider. Any other use of the Site or the Services is expressly prohibited.
Importantly, this limited license does not include any right of collection, aggregation, copying, duplication, display, or modification of the Services nor any right of use of data mining, robots, spiders, or similar data gathering and extraction tools without our prior written permission; provided, however, that a limited exception from the foregoing exclusion is provided to general purpose internet search engines and non-commercial public archives that use tools to gather information for the sole purpose of displaying hyperlinks to the Services, provided that they each do so from a stable IP address or range of IP addresses using an easily identifiable agent and comply with our robots.txt file.
6. Intellectual Property and Prohibited Activities
The Services are protected by copyright as a collective work and/or compilation, pursuant to U.S. copyright laws, international conventions, and other copyright laws. The text, files, images, photos, maps, and other materials, including Content, on and/or available through the Services (collectively, the “Elements”) are only for each user’s personal use in accordance with the limited license grant contained herein or also pursuant to any separate written agreement. All Elements on a of the Services, and the Services themselves, are protected by copyright and database rights, and you will abide by any and all additional copyright (or other proprietary) notices, information, or restrictions contained in or relating to any Elements of the Services. Copying or storing of any Elements other than for your personal, noncommercial use is expressly prohibited without the prior written permission from us or the applicable copyright holder. All trade and service marks and logos used on or available through the Services (including, without limitation, a website or service’s domain name) are the exclusive property of INSXCloud or its licensors (as applicable), you may not copy or use them in any manner and all goodwill arising from the usage thereof shall inure to our (or our licensors’, as applicable) sole benefit.
7. Unauthorized Use
Unless otherwise provided within these Terms, or unless otherwise applicable law requires us to allow you to do so, you may not do any of the following without our prior written consent:
● Copy, reproduce, upload, post, display, republish, distribute, or transmit any part of the Elements in any form whatsoever;
● Reproduce any portion of the Services on your website or otherwise, using any device including, but not limited to, use of a frame or border environment or other framing technique, to enclose any portion or aspect of the Services, or mirror or replicate any portion of the Services;
● Modify, translate into any language or computer language, or create derivative works from any Elements or any part of this Site or Service;
● Reverse engineer any part of this Site or the Service;
● Sell, offer for sale, transfer, or license any portion of the Services in any form to any third parties, unless otherwise provided in a written agreement executed by you and INSXCloud;
● Use any robot, spider, other automatic device, or manual process to monitor, copy, or keep a database copy of the Elements or any portion of the Services;
● Use the Services other than to learn about our Services and to make legitimate inquiries to us regarding our Service;
● Use the Services to create any false or fraudulent account or inquiry or engage in any fraudulent action;
● Post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, indecent, inflammatory, sexually explicit, pornographic or profane material, or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law or for any other purpose that is unlawful or prohibited by these Terms;
● Post or transmit any information that constitutes or contains false or misleading indications of origin or statements of fact;
● Use or access the Services in any way that, in our sole discretion, adversely affects the performance or function of the Services or any other computer systems or networks used by us or the Services, or infringes on our copyright or any copyright of our service providers;
● Violate, plagiarize or infringe the rights of third parties including, without limitation, copyright, trademark or patent rights, rights of publicity or privacy or any other proprietary rights;
● Upload or transmit to the Services or use in connection with the Services any device, software, or routine that contains viruses, Trojan horses, worms, time bombs, or other computer programming routines that may damage, interfere or attempt to interfere with, or in any way disrupt or intercept the normal operation of the Services, or appropriate the Services or any system, or take any action that imposes an unreasonable load on our computer equipment, systems, or networks; or ● Disguise the origin of any information or inquiry transmitted through the Services.
If we believe that you are engaging in any activity through or in connection with the Services that appears to be in violation of the above, or in violation of any other provision of these Terms, or a violation of applicable law or regulations, we may, without limiting our other rights and remedies, immediately terminate any further use of the Services by you without notice.
8. Changes to the Services
We may change, remove, suspend, or discontinue any aspect of the Services at any time, including the availability of any Site features, related interactive features, Elements, or database without notice. We may also impose limits on certain features or services or restrict your access to parts or all of the Services without notice to you or liability to us.
9. Data Transmittal
Each user acknowledges and agrees that, regardless of such user’s physical location, we may store and process any data transmitted to the Services from such user at locations within the United States.
10. Identity Verification
If you create an INSXCloud user account, we verify your identity. We encourage you to use appropriate caution with anyone with whom you may be doing business via the Services or the Internet, generally. EACH USER ACKNOWLEDGES AND AGREES THAT: (i) NEITHER INSXCLOUD NOR
ANY OF ITS AFFILIATES WILL HAVE ANY LIABILITY TO ANY USER FOR ANY UNAUTHORIZED TRANSACTION MADE USING ANY USER’S ONLINE ID AND PASSWORD THAT OCCURS BEFORE SUCH USER HAS NOTIFIED US OF POSSIBLE UNAUTHORIZED USE OF SUCH ONLINE ID AND PASSWORD AND WE HAVE HAD A REASONABLE OPPORTUNITY TO ACT ON THAT NOTICE; AND (ii) THE UNAUTHORIZED USE OF YOUR ONLINE ID AND PASSWORD COULD CAUSE YOU TO INCUR LIABILITY TO BOTH INSXCLOUD AND OTHER USERS. Further, we may suspend or cancel your account or your access to the Services at any time with or without notice if we suspect that your account and/or password is being used in an unauthorized or fraudulent manner.
11. Limitation of Liability
IN NO EVENT WILL INSXCLOUD, OUR AFFILIATES, OFFICERS, MEMBERS, MANAGERS, DIRECTORS, AGENTS AND/OR EMPLOYEES (COLLECTIVELY, THE “INSXCLOUD GROUP”) BE LIABLE FOR ANY LOST PROFITS OR DATA OR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES ARISING OUT OF, BASED ON, OR RESULTING FROM OUR SITES OR SERVICE, THESE TERMS, YOUR USE OF THE SERVICES, OR THE SERVICE AND/OR ANY TRANSACTION BETWEEN YOU AND OUR SERVICE PROVIDERS(S) BETWEEN SITE USERS, GENERALLY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE LIMITATIONS AND EXCLUSIONS APPLY WITHOUT REGARD TO WHETHER THE DAMAGES ARISE FROM (i) BREACH OF CONTRACT, (ii) BREACH OF WARRANTY, (iii) STRICT LIABILITY, (iv) TORT, (v) NEGLIGENCE, OR (vi) ANY OTHER CAUSE OF ACTION, TO THE MAXIMUM EXTENT SUCH EXCLUSION AND LIMITATIONS ARE NOT PROHIBITED BY APPLICABLE LAW. IF YOU ARE DISSATISFIED WITH THE SERVICES, IF YOU DO NOT AGREE WITH ANY PART OF THESE TERMS, OR IF YOU HAVE ANY OTHER DISPUTE OR CLAIM WITH OR AGAINST THE INSXCLOUD GROUP, ANOTHER USER OR THE SERVICES WITH RESPECT TO THESE TERMS, OR THE SERVICES FOR ANOTHER REASON, THEN YOUR SOLE AND EXCLUSIVE REMEDY AGAINST US IS TO DISCONTINUE USING THE SITE OR THE OTHER SERVICES. IN ALL EVENTS, OUR LIABILITY, AND THE LIABILITY OF ANY MEMBER OF INSXCLOUD TO YOU OR TO ANY THIRD PARTY IN ANY CIRCUMSTANCE ARISING OUT OF OR IN CONNECTION WITH SERVICES, IN THE AGGREGATE FOR ANY AND ALL CLAIMS, IS LIMITED TO $100.00.
Limitation on Time to File Claims
12. Disclaimer of Warranties.
THE SERVICES, INCLUDING ALL CONTENT, SOFTWARE, FUNCTIONS, SERVICES, MATERIALS AND INFORMATION MADE AVAILABLE ON OR ACCESSED THROUGH THE SERVICES, ARE PROVIDED “AS IS.” WE EXPRESSLY DISCLAIM ALL EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, COMPLETENESS AND ACCURACY. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER FOR THE CONTENT AVAILABLE THROUGH THE SERVICES, MATERIALS, INFORMATION, AND FUNCTIONS MADE ACCESSIBLE BY THE SOFTWARE USED ON OR ACCESSED THROUGH THE SERVICES, FOR ANY PRODUCTS OR SERVICES OR HYPERTEXT LINKS TO THIRD PARTIES, OR FOR ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH THE SERVICES. WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN ANY OF THE SERVICES, MATERIALS OR CONTENT CONTAINED THEREIN WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICES OR THE SERVERS THAT MAKES THEM AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
In the event that you have a dispute with one or more other users of the Services (including, without limitation, any dispute regarding any transaction), you hereby agree to release, remise, and forever discharge the Services and each member of INSXCloud, each of their respective agents, directors, officers, members, managers, employees, successors, and all other related persons or entities from any and all manner of rights, claims, complaints, suits, demands, causes of action, proceedings, liabilities, obligations, legal fees, costs, and disbursements of any nature whatsoever, whether known or unknown, which now or hereafter arise from, relate to, or are connected with such dispute and/or your use of the Services. If you are a California resident, you waive California civil code section 1542, which says: “a general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which, if known by him or her must have materially affected his or her settlement with the debtor” (or any equivalent statutory provision with a similar import or intent). If you are a resident of a state other than California, you explicitly waive the terms and protections of any statute of your own state that has a similar import or intent.
14. Indemnification by Consumer
You hereby agree to indemnify, defend and hold INSXCloud, its affiliates, and each of its and their directors, managers, officers, and employees (collectively, the “indemnified parties”) harmless from and against any and all liability and costs (including, without limitation, attorneys’ fees and costs) incurred by the indemnified parties in connection with any claim arising out of your use of the Services (including, without limitation, any dispute regarding any transaction), any act (or failure to act) by you or other users of your account or any breach by you of these terms or the representations, warranties, and covenants made by you herein. You shall cooperate as fully as reasonably required in the defense of any claim. INSXCloud reserves the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you shall not in any event settle any matter without our prior written consent.
15. Dispute Resolution
SHOULD A DISPUTE ARISE BETWEEN YOU AND INSXCLOUD (OR, WITH RESPECT TO DISPUTES INVOLVING YOUR DATA SUBMITTED THROUGH ANY SITE OR THE SERVICE, BETWEEN YOU AND ANY PERSON WHO PURCHASES SUCH DATA) CONCERNING THE TERMS AND CONDITIONS OF THESE TERMS, THE BREACH OF SAME BY ANY PARTY HERETO, ANY DATA SUBMITTED BY YOU, THE SERVICES OR ANY OTHER PRODUCTS OR SERVICES PROVIDED BY INSXCLOUD, YOU AGREE TO SUBMIT THE DISPUTE FOR RESOLUTION BY ARBITRATION BEFORE THE AMERICAN ARBITRATION ASSOCIATION IN ACCORDANCE WITH ITS THEN CURRENT COMMERCIAL ARBITRATION RULES AND THE SUPPLEMENTARY PROCEDURES FOR CONSUMER RELATED DISPUTES (COLLECTIVELY, “AAA RULES”), AS MODIFIED BY THESE TERMS. SUCH ARBITRATION SHALL BE ADMINISTERED BY A SINGLE ARBITRATOR. THE ARBITRATOR IS BOUND BY THESE TERMS AND MUST ISSUE A WRITTEN DECISION SUFFICIENT TO EXPLAIN THE ESSENTIAL FINDINGS AND CONCLUSIONS ON WHICH AN AWARD IS BASED. ALL ISSUES ARE FOR THE ARBITRATOR TO DECIDE, EXCEPT THAT ISSUES RELATING TO THE SCOPE AND ENFORCEABILITY OF THE ARBITRATION PROVISIONS IN THIS SECTION ARE FOR A COURT TO DECIDE. ANY AWARD RENDERED SHALL BE FINAL AND CONCLUSIVE TO THE PARTIES, AND A JUDGMENT THEREON MAY BE ENTERED IN ANY COURT OF COMPETENT JURISDICTION. IN THE EVENT THAT ONE OF THE PARTIES TO THE DISPUTE IS A PERSON WHO PURCHASES YOUR DATA SUBMITTED THROUGH THE SERVICES, THEN SUCH ARBITRATION SHALL BE CONDUCTED IN A LOCATION CONVENIENT TO YOU; OTHERWISE, THE ARBITRATION SHALL BE CONDUCTED IN SUMMIT COUNTY, OHIO. YOU MAY OPT OUT OF THIS ARBITRATION REQUIREMENT BY NOTIFYING INSXCLOUD IN WRITING AT INSXCLOUD, ATTN: LEGAL DEPT., 4040 EMBASSY PARKWAY, SUITE 270, AKRON, OH 44333. THIRTY (30) DAYS AFTER SUBMITTING
YOUR DATA THAT IS INVOLVED IN THE DISPUTE. NOTHING HEREIN SHALL BE CONSTRUED TO PRECLUDE ANY PARTY FROM SEEKING INJUNCTIVE RELIEF IN ANY COURT OF COMPETENT JURISDICTION IN ORDER TO PROTECT ITS INTELLECTUAL PROPERTY OR CONFIDENTIAL INFORMATION.
TO THE EXTENT PERMITTED BY LAW, YOU AGREE THAT YOU WILL NOT BRING, JOIN OR PARTICIPATE IN ANY CLASS ACTION LAWSUIT, CLASS-WIDE ARBITRATION, CLAIMS BROUGHT IN A REPRESENTATIVE CAPACITY OR CONSOLIDATED CLAIMS AS TO ANY CLAIM, DISPUTE, OR CONTROVERSY THAT YOU MAY HAVE AGAINST INSXCLOUD OR ITS AFFILIATES (OR, WITH RESPECT TO CAUSES OF ACTION INVOLVING YOUR DATA SUBMITTED THROUGH THE SERVICES, AGAINST ANY PERSON WHO PURCHASES SUCH DATA), AND/OR THEIR RESPECTIVE EMPLOYEES, OFFICERS, DIRECTORS, MEMBERS, MANAGERS, SHAREHOLDERS, REPRESENTATIVES, AND ASSIGNS. YOU AGREE TO THE ENTRY OF INJUNCTIVE RELIEF TO STOP SUCH A LAWSUIT OR TO REMOVE YOU AS A PARTICIPANT IN THE SUIT. YOU AGREE TO PAY THE ATTORNEYS’ FEES AND COURT COSTS THAT INSXCLOUD OR ANY PERSON PURCHASING YOUR DATA INCURS IN SEEKING SUCH RELIEF. THIS PROVISION PREVENTING YOU FROM BRINGING, JOINING, OR PARTICIPATING IN CLASS ACTION LAWSUITS AND OTHER CONSOLIDATED CLAIMS IS AN INDEPENDENT AGREEMENT AND DOES NOT CONSTITUTE A WAIVER OF ANY OF YOUR RIGHTS AND REMEDIES TO PURSUE A CLAIM INDIVIDUALLY AND NOT AS A CLASS ACTION IN BINDING ARBITRATION AS PROVIDED ABOVE. ANY PERSON WHO PURCHASES DATA SUBMITTED BY YOU THROUGH THE SERVICES SHALL BE DEEMED A THIRD-PARTY BENEFICIARY OF THE FOREGOING PROVISIONS IN THIS SECTION AND SHALL BE ABLE TO ENFORCE SUCH PROVISIONS DIRECTLY AGAINST YOU. FURTHER, UNLESS BOTH YOU AND INSXCLOUD AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING. IF THIS SPECIFIC PROVISION IS FOUND TO BE UNENFORCEABLE, THEN THE ENTIRETY OF THIS ARBITRATION PROVISION SHALL BE NULL AND VOID.
Forum for Certain Disputes that Are Not Arbitrated
16. No Agency
The relationship between INSXCloud and each user is that of independent contractors, and no agency, partnership, joint venture, employee-employer, or franchisor-franchisee relations is intended or created by these Terms or your use of the Services.
Except as explicitly stated otherwise, written notices, including all legal notices, to us must be given by certified postal mail, return receipt requested, to:
Attn: Legal Department 4040 Embassy Parkway Suite 270
Akron, OH 44333
INSXCloud may communicate electronically or by postal mail with you about these Terms or the Service. We may send you notice at any email address you may provide to the Services during a registration process or when submitting an inquiry. Notice shall be deemed given upon receipt or twenty-four (24) hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you notice by U.S. Postal Certified Mail or by national courier service, to any mailing address provided to us during a registration process or when submitting an inquiry (as applicable).
18. Copyright Infringement
As INSXCloud asks others to respect its intellectual property rights, it respects the intellectual property rights of others, and requires its users to do so. If you are a copyright owner or an agent thereof and believe in good faith that any third-party Content on the Services infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our Copyright Agent with the following information in writing (see 17 U.S.C.A. 512(c)(3) for further detail): (i) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (ii) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on or available through our Sites are covered by a single notification, a representative list of such works at those locations; (iii) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit INSXCloud to locate the material; (iv) information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an electronic mail address; (v) a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (vi) a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
You acknowledge that if you fail to comply with all of the requirements of this Section, your DMCA notice may not be valid. In the event that you believe INSXCloud removed any of your Content in response to a false notice of copyright infringement, you should notify INSXCloud promptly in writing pursuant to the DMCA, at the mailing address provided above. Such notification should include: (i)
your physical or electronic signature; (ii) identification of the Content that has been removed or to which access has been disabled and the location at which the Content appeared before it was removed or disabled; (iii) a statement that you have a good faith belief that the Content was removed or disabled as a result of mistake or a misidentification of the Content; and (iv) your name, address, telephone number, and email address, a statement that you consent to the jurisdiction of the U.S. District Court for the District of Delaware, and a statement that you will accept service of process from the person who provided notification of the alleged infringement. Furthermore, you should include a clear statement of your acceptance of the process pertaining to the notifying party or the agent of the party as defined in DMCA § 512(c)(1)(C). If a counter-notice is received by the Copyright Agent, INSXCloud may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed Content or cease disabling it in ten (10) business days. Unless the copyright owner files an action seeking a court order against the Content provider or user, the removed Content may be replaced, or access to it restored, in ten (10) to fourteen (14) business days or more after receipt of the counter-notice, at our sole and absolute discretion. INSXCloud has a policy of terminating the account of, or denying access or use of the Services to, in its sole and absolute discretion, any user who repeatedly infringes the copyrights or other intellectual property rights of others.
INSXCloud’s designated Copyright Agent to receive notifications of claimed infringement: INSXCloud – Copyright Agent c/o IHC Specialty Benefits, Inc. Attn: Legal Department 5353 Wayzata Blvd., Unit 300
St. Louis Park, MN 55416
For clarity, only DMCA notices should go to the Copyright Agent; any other feedback, comments, requests for technical support, and other communications should be directed to INSXCloud customer service at info@INSXCloud.com.
19. Third Parties
The insurance companies offering health coverage on this Site are not part of INSXCloud and are third parties whose own terms apply to the use of their products or services. Even if you choose to purchase a health plan through an insurance company or enter into any agreement with one
Choice of Law
These Terms shall be treated as though they were executed and performed in the State of Ohio and shall be governed by and construed in accordance with the laws of the United States of America and State of Ohio without regard to conflict of law principles.
Your Record of These Terms
We do not separately file the Terms entered into by each user of the Services. Please make a copy of these Terms for your records by printing and/or saving a downloaded copy of the Terms on your personal computer.
21. Feedback and Questions
We welcome your comments, feedback, suggestions, and other communications regarding this Site and the other Services. Please contact us with feedback at info@INSXCloud.com. Please note our separate address for legal correspondence, above.
Your feedback is site Content as defined in these Terms and will be treated in accordance with the provisions of these Terms. For this reason, we ask that you not send INSXCloud, Inc. any feedback that you do not wish to license to us as set forth above.
Our mailing address is: INSXCloud, Inc.
4040 Embassy Parkway Suite 270
Akron, OH 44333