These Terms of Service ("Terms") constitute a legally binding agreement between you ("you," "your," or "User")and Mployer Advisor, Inc. (also known as "Mployer")("Company," "we," "us," or "our"), governing your access to and use of our website, (the "Site"), and all related services, features, content, and applications offered by us (collectively, the"Services").
PLEASE READ THESE TERMS CAREFULLY. BY ACCESSING OR USING THE SITE ORSERVICES, YOU AGREE TO BE BOUND BY THESE TERMS AND ALL POLICIES REFERENCEDHEREIN. IF YOU DO NOT AGREE TO THESE TERMS, YOU MAY NOT ACCESS OR USE THE SITEOR SERVICES.
We reserve the right to modify these Terms at any time. We will notify you of any changes by posting the updated Terms on the Site with a new"Effective Date." Your continued use of the Site or Services after such modifications constitutes your acceptance of the revised Terms.
Our platform operates as an online directory service, providing comprehensive information on businesses, details about their employee benefit plans, retirement plans, commercial lines, insurance brokers and advisors, carriers and other similar industry participants. We utilize both public and private data to generate ratings, profiles, and other insights. Our core focus is creating greater transparency in the employee benefits, insurance broker, insurance, and carrier spaces. Our goal is to provide valuable information to assist users in making informed decisions.
Access to certain features of the Services, including the ability to claim and manage company or professional profiles, is provided as part of our paid services, and your use of these features is governed by these Terms of Service. To claim a profile, you must under go our review and approval process, which includes verifying your identity and your authority to act as an authorized agent for the respective company or professional. You represent and warrant that you are lawfully able to enter into contracts (e.g., you are not a minor) and that all information you provide during registration and profile claiming is accurate, current, and complete.
You are solely responsible for maintaining the confidentiality of your account credentials (username and password) and for all activities that occur under your account, whether undertaken by you, your employees, contractors, or any third party. You agree to notify us immediately of any unauthorized use of your account or any suspected breach of security, including loss or theft of your credentials. We are not responsible for any loss or damage arising from your failure to comply with this section.
We reserve the right, in our sole discretion, to suspend or terminate your account and access to the Services at any time, with or without notice, for any reason, including but not limited to: (a) your breach of these Terms; (b) your engagement in prohibited activities; (c) requests by law enforcement or other government agencies; (d) discontinuance or material modification of the Services; or (e) unexpected technical or security issues.
You may terminate your account at any time by contacting us using the information provided in Section 13.
If you have claimed and been approved to manage a company or professional profile on our Site, your access to and use of these profile management services are governed by these Terms of Service. As a paying user of these services, you bear the primary and ongoing responsibility for ensuring the accuracy, completeness, and timeliness of all information, data, and content you submit, update, or maintain for your claimed profile. While we undertake are view process to help ensure accuracy, this review does not absolve you of your fundamental responsibility for the content of your profile. We do not guarantee the absolute completeness, reliability, or accuracy of all user-provided profile data. You agree to promptly update any changes to your company's or professional's details to ensure the information remains current and truthful. Providing false, misleading, or out dated information may lead to the suspension or termination of your profile management privileges and or your account, as well as other actions as outlined in these Terms. All informationyou provide for claimed or updated company or professional profiles is considered User-Generated Content (UGC) and is subject to the terms and conditions set forth in Section 5 of these Terms. For the avoidance of doubt, all disclaimers of warranties (Section 7), limitations of liability(Section 8), indemnification obligations (Section 10), and dispute resolution provisions (Section 11) set forth in these Terms apply fully to your use of the profile management services and any content you provide or manage through them.
If you are an employer or user who has a profile on our Site, you may request the removal of your profile at any time. To initiate a profile removal, you must notify us in writing using the contact information provided in Section 13. Upon receipt of a valid request, we will process the removal of your profile within a reasonable timeframe, subject to our data retention policies and legal obligations.
Our Services include providing ratings of employers' benefit plans, insurance brokers, carriers, and other industry participants. These ratings are generated through our own proprietary algorithms, which analyze and process numerous public and private data sources. You acknowledge and agree that these ratings reflect our subjective opinion only, similar to editorial content found in a newspaper or other publication, and are not statements of fact or guarantees of performance, quality, or suitability. We do not warrant the accuracy, completeness, or reliability of these ratings, and your reliance on them is at your own risk. Our methodology is proprietary and confidential. We reserve the right to modify our algorithms and rating methodologies at any time without notice.
Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-assignable, non-sublicensable, and revocable license to access, use, publicly perform, and publicly display the Services and the content provided there in solely for your personal, non-commercial use, and in the manner permitted by these Terms. All rights not expressly granted to you are reserved by us.
You agree not to:
You retain ownership of any content, including words, pictures, images, data, video, information, or other materials, that you upload, post, or share via the Services ("User-Generated Content" or "UGC"). This includes information you provide when claiming or updating company or professional profiles.
By providing UGC, you irrevocably grant us, our legal representatives, successors, and authorized parties, a non-exclusive, worldwide, perpetual, royalty-free, fully-paid, assignable, and sublicensable license to use, copy, modify, adapt, publish, translate, create derivative works from, sell, and distribute your UGC. This license includes the right to incorporate such content into any form, medium, or technology now known or here after developed, globally, at our sole discretion, without compensation or attribution to you or any other entity.
You understand that we may use your UGC, including any ideas, concepts,or know-how contained there in, for any purpose, including advertising, promotional, marketing, publicity, trade, or commercial purposes, without payment or requiring permission. You agree that your UGC may be copied or exported from the Site and published elsewhere on the internet, including social media sites.
You acknowledge that your UGC will be treated as non-confidential, and we have no obligation to maintain its confidentiality, except as required by our Privacy Policy.
When you provide UGC, including any information for claimed or updated company or professional profiles, you represent and warrant that:
We reserve the right to change, condense, edit, modify, transmit, display, or delete any UGC, including information provided for claimed or updated company or professional profiles, at any time, for any reason, without notice. You waive any rights you have in having the material altered or changed after posting.
You agree to use the Services in a manner consistent with all applicable laws and regulations and in accordance with these Terms. You are prohibited from engaging in any activity that is harmful, offensive, or disruptive to the Services or other users.
You agree not to engage in any of the following prohibited activities:
Any violation of these Rules of Engagement or other provisions of these Terms may result in, among other things, the temporary suspension or permanent termination of your account, removal of your content, and or appropriate legal action with relevant authorities.
THE SITE AND SERVICES, INCLUDING ALL CONTENT, RATINGS, PROFILES, AND DATA, ARE PROVIDED "AS IS" AND "WITH ALL FAULTS" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.
TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANT ABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, NON-INFRINGEMENT, AND AVAILABILITY.
WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE,SECURE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE.
WHILE WE STRIVE TO PROVIDE ACCURATE INFORMATION AND REVIEW USER-SUBMITTED PROFILE DATA, AND OUR RATINGS REFLECT OUR PROPRIETARY OPINIONS, WE DO NOT GUARANTEE THE COMPLETENESS, RELIABILITY, OR ABSOLUTE ACCURACY OF ANY INFORMATION, CONTENT, OR DATA PROVIDED ON THE SITE, INCLUDING RATINGS, PROFILES, EMPLOYEE BENEFIT PLAN DETAILS, OR ANY OTHER INFORMATION DERIVED FROM PUBLIC, PRIVATE, OR USER-PROVIDED DATA SOURCES. YOU ACKNOWLEDGE THAT ANY RELIANCE ON SUCH INFORMATION IS AT YOUR OWN RISK.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WE, OUR AFFILIATES, SUPPLIERS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, SPECIAL,INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, LOST DATA, COST OF SUBSTITUTE GOODS OR SERVICES, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF, OR IN ABILITY TO USE, THE SITE OR SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT SHALL OUR TOTAL AGGREGATE LIABILITY UNDER THESE TERMS EXCEED FIVE HUNDRED AND NO/100 (US$500.00) DOLLARS.
YOU EXPLICITLY ACKNOWLEDGE AND AGREE THAT YOUR PARTICIPATION IN AND USE OF THE SERVICES IS AT YOUR OWN RISK. YOU ARE SO LELY RESPONSIBLE AND LIABLE FOR ANY DAMAGE SUSTAINED TO YOUR COMPUTER SYSTEM, NETWORK, OR DATA RESULTING FROM SUCH PARTICIPATION OR USE.
You acknowledge and agree that the Site and Services, including all content, directories, ratings, profiles, the underlying systems and methodologies used to create or display them, our logos, trade marks, service marks, trade names, domain names, and other distinctive brand features(collectively, "Our IP"), are copyrighted works and contain valuable, confidential, and trade secret information belonging to us. As between you and us, we retain exclusive ownership of all rights, title, and interest (including all intellectual property rights) in Our IP. Our IP is protected by U.S. and international intellectual property laws, including copyright, trademark, and trade secret laws.
You agree that all good will from the use of our trade marks inures exclusively to us. You may not display our trade marks as the most prominent element on your website or application, display them in a misleading, defamatory, infringing, libelous, disparaging, obscene, or otherwise objectionable manner, or remove, distort, or alter any element of our trade marks.
You agree not to upload, post, or otherwise make available any content that infringes on the intellectual property rights of others. You warrant that your UGC is original and does not infringe any third-party rights.
We respect the intellectual property rights of others and respond to notices of alleged copyright infringement in compliance with the Digital Millennium Copyright Act (DMCA). If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible via the Services, please notify our designated copyright agent as set forth below.
To be effective, your notification must be a written communication that includes substantially the following:
Our Designated Copyright Agent: Mployer Advisor, Inc. Attn: DMCA Agent3200 West End Ave, Suite 500, Nashville TN 37215 Email: [email protected]
Upon receipt of a valid DMCA notice, we will expeditiously remove or disable access to the allegedly infringing content. We may also terminate the accounts of users who are identified as repeat infringers under appropriate circumstances.
If you believe your content was removed in error, you may send acounter-notice to our Designated Copyright Agent. Your counter-notice mustinclude:
You agree to defend, indemnify, and hold harmless Mployer Advisor, Inc., its affiliates, licensors, and their respective employees, officers, directors, and representatives from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or relating to any third-party claim or action concerning:
If we or our affiliates/licensors are obligated to respond to a third-party subpoena or other compulsory legal order related to your actions, you will reimburse us for reasonable attorneys’ fees and the time/materials spent by our employees/contractors in responding.
These Terms and any dispute arising out of or related to them or the Services shall be governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict of law principles.
READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS.
Any dispute, claim, or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation, or validity there of, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by binding arbitration in Delaware, before one arbitrator. The arbitration shall be administered by pursuant to its. Judgment on the Award may be entered in any court having jurisdiction. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of competent jurisdiction.
BY AGREEING TO THESE TERMS, YOU AND Mployer Advisor, Inc. ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
For this arbitration provision to be enforceable, you must provide unambiguous manifestation of assent. By clicking "I Agree", "Accept," or similar button, or by continuing to use the Services, you explicitly acknowledge and agree to this mandatory arbitration agreement. We have designed our website to provide reasonably conspicuous notice of these terms, including this arbitration provision, by presenting them in a clear, read able format (e.g., bolded text, separate sections, clear hyperlinks)in close proximity to the acceptance mechanism.
YOU AND Mployer Advisor, Inc. AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINT IFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, OR REPRESENTATIVE PROCEEDING.
Unless both you and Mployer Advisor, Inc. 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 any portion of this Class Action Waiver is found to be unenforceable, then the entirety of this Dispute Resolution section shall be null and void.
Your privacy is very important to us. Our collection, use, and disclosure of your personal information, including any data provided during account creation, profile claiming, or profile updates, is governed by our separate Privacy Policy which is located in the footer of our website. By using the Services, you acknowledge that you have read and understood our Privacy Policy.
If any provision of these Terms is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.
These Terms, together with our Privacy Policy and any other policies or guidelines referenced here in, constitute the entire agreement between you and Mployer Advisor, Inc. regarding the use of the Services.
You may not assign or transfer these Terms, by operation of law or other wise, without our prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and void. We may freely assign or transfer these Terms without restriction.
The Services are intended for use by users located in the United States only.
If you have any questions about these Terms, please contact us at:
Mployer Advisor, Inc.
3200 West End Ave, Suite 500,
Nashville TN 37203
Email: [email protected]
Phone: (844) 743-6456
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