Terms Of Service

HelpMeChooseBenefits.com, Inc., (“HMCB”)

Terms of Service

Effective September 15, 2022

The following Terms of Service (the “Agreement”) outlines what we expect of you and what you can expect from us (HMCB). It is important that you read and understand these Terms of Service so that you are aware of your rights and obligation when accessing this website. These terms are incorporated hereby into HMCB’s Privacy Policy and all other written agreements you may have with HMCB. Absent a written and executed agreement with HMCB to the contrary all terms of this Agreement apply to you.

HMCB offers the Services only upon your unconditional acceptance of the terms and conditions of this Agreement without modification. You may be required to agree to additional terms to access additional features of the Services. In the event such additional terms conflict with the terms of this Agreement, such additional terms shall control.

Acknowledgments. By accessing this website, you acknowledge and agree that:

• you are at least 13 years of age and that all of the information you provide through the HelpMeChooseBenefits.com website (“Website”), insurance questionnaires (“Questionnaires”) offered through the Website, all reports generated in whole or in part based on Questionnaires (“Reports”), and all HMCB services (the Website, Questionnaires, Reports, and other HMCBservices being collectively referred to as the “Services”) shall be correct and complete;
• HMCB has the right, but is not obligated to, pre-screen, approve, or control the Content. HMCB does not guarantee the accuracy or veracity of any Content;
• HMCB is not be liable for any false, misleading, offensive, indecent, inaccurate or otherwise objectionable Content;
• HMCB is not liable to you or any third party for any errors, omissions, or loss or damage incurred as a result of using the Services. Your only recourse is to stop using the Services;
• Content is transmitted in a manner that is beyond the complete control of HMCB. HMCB, therefore, assumes no liability for any delay, failure, interruption, or corruption of any Content or other information transmitted in association with the Services;
• from time to time, HMCB may change the terms of this Agreement and/or discontinue the Services at any time, without notice or liability to you. All such modifications shall become effective immediately. It is your responsibility to check for any changes each time you access the Services. Your continued use of the Services after the posting of any changes shall constitute your agreement with, and acceptance of, such changes. In the event you do not agree to abide by the terms of this Agreement, you must not use the Services in any manner. MISUSE OF THE SERVICES MAY SUBJECT YOU TO CIVIL AND/OR CRIMINAL LIABILITY;
• the text, video, audio, images, Reports (as well as all calculations and responses contained therein) and other materials available on or through the Website (collectively the “Content”) are for educational and research purposes only. HMCB assumes no liability for any decisions you or any other party makes, or has made, based on the Content, or any portion thereof. In no event will HMCB be liable to you for any damages, including any lost profits, lost savings or other incidental or consequential damages arising out of your use of, or inability to use, the Content;
• the Website does not provide legal, medical, or financial Advice, and the Content is not a substitute for professional legal, medical, or financial advice. If you are in need of legal, medical, or financial advice contact a professional experienced with your particular situation. Reliance on any information provided on or through the Website is at your own risk;
• HMCB accepts no liability for any liability associated with how you use, or do not use, the Website and/or the Content;
• while HMCB strives to ensure the Content is timely and accurate, HMCB specifically disclaims any representation that the Content is accurate, compete, or fit for any particular purpose;
• before taking any action in reliance on the Content, you will independently verify its accuracy;
• portions of the Content may have been compiled from sources both internal and external to HMCB. While HMCB believes the Content to be accurate, portions of the Content may include data prepared by third parties. HCMB therefore cannot, and does not, guarantee the accuracy, timeliness, or completeness of the Content for any purpose
• information contained in, and/or used to create, the Content is subject to change without notice and may become inaccurate as a result. HMCB will not be responsible for any loss you may experience as a result of your reliance on the Content.

Impermissible Activity. You shall not use the Services or any HMCB server to transmit any data which: (1) is unlawful, threatening or abusive; (2) encourages criminal or other activity which would reasonably give rise to civil liability or otherwise violate any local, state, federal or international law; (3) is vulgar, hate-related, profane, obscene or offensive; (4) is pornographic or indecent; (5) contains false or misleading information (6) inhibits another user from use or enjoyment of the Services; (7) is defamatory or libelous; (8) contains a virus or surreptitious code; or (9) contains any type of commercial component or advertising (other than as a paid advertiser of the Services); (10) includes any type of spam, chain letter or non-employment related solicitation or advertising; (11) includes trade secrets, encrypted material, passwords or information on how to access password-protected material; (12) includes personally identifiable information regarding any person under 18 years of age, or (13) constitutes or promotes any form of intellectual property infringement, including, but not limited to copyright infringement. You also shall not (1) copy, reverse engineer, transfer, allow unauthorized access to or otherwise misuse the Services; (2) use the Services except as specifically authorized under this Agreement; (3) attempt to access data not intended for you; (4) probe vulnerabilities of the Services for any reason; (5) interfere with the operation of the Services or with any third party's access to, or enjoyment of, the Services, including, but not limited to, infecting the Services, or any of its servers, or any other user of the Services with a virus, worm, Trojan horse or other malware; (6) use the Services to collect, store, transmit, disclose, or otherwise use any personal information associated with any other person; (7) attempt to conceal your identity while using or attempting to access the Services; (8) attempt to obtain unauthorized access to any account, hardware, system or network related to HMCB; (9) modify, adapt or create derivative works based on the Services or any content provided thereon or contained in any HMCB servers or systems; (10) disrupt any account, hardware, system or network related to HMCB; (11) attempt to extract any data from the Services other than data expressly made available to you by HMCB; or (12) use any software related to HMCB to develop any software which provides you or any other person or entity, unauthorized access to the Services.

Hold Harmless. You are solely responsible for all of your activities in relationship to the Services and the consequences thereof. You agree to defend, indemnify and hold HMCB, its subsidiaries, affiliates, assignees, managers and employees, its suppliers and their respective affiliates and agents, harmless from all claims, liabilities, damages and expenses (including attorneys' fees and expenses) arising out of or relating to your use of the Services, including, but not limited to: (1) your submission to the Services of any Content; (2) your alleged breach of this Agreement; or (3) your infringement of any intellectual property or other right of any person or entity. HMCB will prosecute violations of this provision to the fullest extent allowed by law and reserves the right to take additional action regarding any such activity or conduct. Such additional action may include recovery of costs and expenses associated with identifying offenders and preventing their access to the Services as well as lost profits, damages, court costs and attorney fees associated with repairing any damaged software or hardware. Notwithstanding any provisions of HMCB’S Privacy Policy, HMCBreserves the right to report the transmissions of any data or Transmission(s) which it believes violate any law or regulation to appropriate law enforcement officials, regulators, or other third parties, and to assist, and provide information to, law enforcement prosecuting users involved in criminal violations of the foregoing.

Services Usage. HMCB will use commercially reasonable measures to maintain operation of, and access to, the Services. HMCB shall not be liable for technical difficulties, third party actions, routine site maintenance or any other events outside HMCB’S control, which may, periodically, result in temporary denial of access to, or use of, the Services. HMCB may, at any time, without notice or liability to you, modify or terminate any functionality associated with the Services. Neither HMCB nor this Agreement authorizes you to provide any Content to any third party by any means. Any transfer, distribution or license of any Content by you must be pursuant to written pre-authorization provided by an officer of HMCB.

Term and Termination. The term of this Agreement (“Term”) shall be for as long as you use any portion of the Services. HMCB may terminate this Agreement at any time, for any reason, without notice to you (“Termination”). Upon Termination, you are no longer allowed to access the Services, or any portion thereof. You may terminate this Agreement at any time, for any reason, by simply ceasing to use the Services. Such termination is your exclusive remedy in the event you are dissatisfied with the Services.

The following sections of this Agreement shall survive Termination: Acknowledgments; Impermissible Activity; Hold Harmless; Violations; Ownership of Content; Limitation of Liability; Diclaimer; Governing Law; Limitation of Liability; Disclaimer; Governing Law; and Severability.

Termination pursuant to this Section shall be without prejudice to any other rights or remedies either party may have under this Agreement, or which survive such termination. Upon termination of this Agreement, Subscriber shall destroy all copies of the Services and all documents related to the use of the Services under Subscriber’s control. This obligation shall survive the termination of this Agreement.

Violations. Violations of this Agreement entitle HMCB to receive from you minimum damages in the amount of $500 for each violation, plus legal fees. This is in addition to damages awarded to other wronged parties. Using Content in violation of this agreement entitles HMCB to receive from you minimum damages in the amount of $500 for each violation, plus legal fees.

Ownership of Content. All Content is owned by HMCB and/or its licensors and is protected by intellectual property laws, including copyright. All copyrightable Content (other than this Agreement itself), including the selection and arrangement thereof, are ©2020-22 HMCB LLC. ALL RIGHTS RESERVED. You may view or download a single copy of the Content solely for your personal, noncommercial use, provided you include the copyright notice located at the end of the material, for example: "©2020-22 HMCB LLC. ALL RIGHTS RESERVED" and other copyright and proprietary rights notices that are contained in the Content. Other special rules for the use of the Services and/or Content may be included elsewhere on the Website and are hereby incorporated into these Terms and Service. Except as otherwise stated in this Agreement, you may not copy, reproduce, distribute, republish, download, post or transmit the Content in any form or by any means, including, but not limited to, electronic, mechanical, photocopy, recording, or otherwise, without the prior written permission of HMCB. You may not reproduce, sell, publish, distribute, modify, display, perform, re-post or otherwise use any portion of the Content in any manner other than in accordance with the intended use and in furtherance of the purpose of the Services.

Hyperlinks. The Services includes links to other websites wholly independent of HMCB and the Services. HMCB makes no representation or warranty as to the accuracy, completeness or authenticity of any information contained on any such third party website. HMCB does not endorse, sponsor or guarantee such third party websites. You agree not to hold HMCB responsible for any advice, content, information, practices, products or services related to or made available through such third party websites.

Transmissions. You acknowledge that transmissions, other than personally–identifiable registration information, by you to or from the Services ("Transmissions") are non-confidential and that others may read and/or intercept such Transmissions. HMCB has the right, but not the obligation, in its sole discretion to review any Transmissions transmitted using the Services or HMCB’S server(s), and to edit or delete any Transmissions which violate any term of this Agreement. You hereby consent to HMCB’s collection and use of such Transmissions in accordance with HMCB’s then current Privacy Policy and acknowledge that submitting Transmissions to the Services, creates no confidential or fiduciary relationship between you and HMCB. By using the Services, you thereby assign all right, title and interest, including the copyright therein, in all Transmissions to HMCB. Accordingly, HMCB shall own all intellectual property rights in the Transmissions, and shall be entitled to the unrestricted use of the Transmissions for any purpose, commercial or otherwise, without acknowledgment, compensation or liability to you. By submitting such Transmissions to the Services, you irrevocably waive all "moral rights" in such Transmissions.

Limitation of Liability. IN NO EVENT SHALL HMCB, ITS PARENTS, ASSIGNEES, AFFILIATES, VENDORS OR SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, RESULTING FROM YOUR USE OR INABILITY TO USE THE SERVICES, OR FOR THE LOSS OF PROFITS, OR DAMAGES THAT MAY RESULT FROM THEFT, DELAYS, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, VIRUSES, FAILURE OF PERFORMANCE, DESTRUCTION OR UNAUTHORIZED ACCESS TO HMCB’S RECORDS, OR FOR THE COST OF OBTAINING SUBSTITUTE GOODS AND SERVICES, OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSION(S), INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF USE, PROFITS, DATA OR OTHER INTANGIBLES WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), OR OTHERWISE, EVEN IF HMCB HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF IMPLIED WARRANTIES OR EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. IN SUCH CASES, THE ABOVE LIMITATION OF LIABILITY MAY NOT APPLY TO YOU TO THE EXTENT THAT HMCB’S TOTAL LIABILITY TO YOU FOR ALL LOSSES, DAMAGES, AND CAUSES OF ACTION SHALL NOT BE GREATER THAN ONE THOUSAND DOLLARS ($1,000).

Disclaimer. YOU ACKNOWLEDGE THAT THE SERVICES AND THE CONTENT THEREIN ARE PROVIDED ON AN "AS IS, WHERE IS" BASIS AND THAT HMCB MAKES NO REPRESENTATIONS OR WARRANTIES, EITHER EXPRESSED OR IMPLIED, REGARDING THE SERVICES OR THE CONTENT OR THE ACCURACY, RELIABILITY, COMPLETENESS, CURRENTNESS, OR TIMELINESS THEREOF. HMCB DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, MERCHANTABLILTY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. BY USING OR ATTEMPTING TO USE THE SERVICES YOU EXPRESSLY ACKNOWLEDGE: (1) THE CONTENT COULD INCLUDE TECHNICAL INACCURACIES AND/OR TYPOGRAPHICAL ERRORS; (2) HMCB DOES NOT REPRESENT OR WARRANT THE TIMLINESS, RELIABILITY, COMPLETENESS OR ACCURACY OF THE INFORMATION; AND (3) HMCB DOES NOT REPRESENT OR WARRANT THAT THE SERVICES OR ITS SERVER(S) ARE FREE OF ERRORS OR VIRUSES OR OTHER POTENTIALLY DAMAGING CONTENT.

HMCB MAY PERIODICALLY CHANGE THE CONTENT. HMCB RESERVES THE RIGHT TO IMPLEMENT SUCH CHANGES, AT ANY TIME WITHOUT NOTICE TO YOU. UNLESS SPECIFICALLY INDICATED IN WRITING TO THE CONTRARY, NO REFERENCE IN THE SERVICES TO ANY PRODUCTS, SERVICES, PROCESSES, OR OTHER INFORMATION, BY TRADE NAME, TRADEMARK, MANUFACTURER, SUPPLIER, OR OTHERWISE SHALL CONSTITUTE OR IMPLY HMCB’S ENDORSEMENT OR SPONSORSHIP THEREOF.

Copyright Infringement Notice. It is HMCB’S policy to investigate and respond to claims of intellectual property infringement. Pursuant to the Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c)(2) ("DMCA"), HMCB has designated the following agent to the U.S. Copyright Office to receive notifications of claimed copyright infringement relating to the Services:

• by mail: HMCB DMCA Copyright Agent c/o Law Offices Of Brett J. Trout 516 Walnut Des Moines, Iowa 50309
• by fax: (515) 280-7114
• by email: [email protected]

If you believe any of the Services Content infringes your copyright, forward the following information to the above-identified DMCA Agent:

1. A physical or electronic signature of the copyright holder or an authorized agent acting on behalf of the copyright holder;
2. A description of the copyrighted work you claim is infringed or, if multiple works are involved, a representative list of the works you believe are infringed;
3. A description of the material that is allegedly infringing or the subject of infringing activity, and information reasonably sufficient to permit us to locate the material;
4. Your contact information, including your address, telephone number, and email address;
5. 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
6. 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.

Trademark. All trademarks used on the Services are the property of their respective owners and may not be used without permission therefrom. Whether or not specifically designated as such, the HMCB name and logo and all other colors, graphics, logos, sounds, images, icons and buttons displayed in the Services ("Marks") are trademarks of HMCB and/or their respective owners. Absent prior written consent from an officer of HMCB, you may not copy imitate or use any portion of the Marks.

Data Collection and Use. Your Transmissions are subject to HMCB’S Privacy Policy. By using the Services, you agree to review the Privacy Policy, and be bound by its terms and conditions. From time to time, HMCB may change its Privacy Policy without notice to you. Your continued use of the Services after the posting of any changes shall constitute your agreement with and acceptance of such changes.

HMCB does not knowingly collect data directly from anyone under 13 years of age. If you believe HMCB has inadvertently collected any such data, please contact our website administrator at [email protected] for information regarding removal of any such data from our files.

Governing Law. This Agreement shall be governed by the laws of the State of Iowa without reference to conflict of law principles, with jurisdiction and venue being in Polk County, Iowa. The Parties all consent to the jurisdiction of such courts, agree to accept service of process by mail, and hereby waive any jurisdictional or venue defenses otherwise available to them.

Assignment. You may not assign your rights or obligations under this Agreement, either in whole or in part without the prior written consent of HMCB. HMCB may assign its rights and/or obligations under this Agreement at any time without notice to you. This Agreement binds, and inures to the benefit of, all assigns authorized under this Agreement. Export. You shall abide by all applicable local and international laws, including but not limited to the export and import regulations of other countries. You shall not acquire for, ship, transfer or export any Content, or any portion thereof, directly or indirectly, in violation of any national or international treaty, law or regulation.

No Agency. You and HMCB are independent contractors. Nothing contained in this Agreement shall be construed as creating any agency, partnership, joint venture, employment or other form of joint enterprise between you and HMCB. You have no authority to, and shall not, bind or incur obligations on HMCB’S behalf. You shall not represent yourself as an agent or representative of HMCB.

Force Majeure. HMCB shall not be responsible for any failure in the performance of obligations covered by this Agreement resulting from acts beyond its control. Such acts shall include but not be limited to acts of God or of the public enemy, U.S. or foreign governmental acts in either a sovereign or contractual capacity, war, riots, terrorism, computer hacking, labor disputes, civil disturbances, power failures, communications transmission failures, natural disasters, governmental regulations, fire, flood, epidemic, restrictions, strikes and/or freight embargoes.

Acknowledgement. You acknowledge that international copyright treaties and laws, as well as other intellectual property laws and treaties, protect the Services, and that HMCB retains all rights in the Services, without limitation.

Remedies. In addition to all other rights and remedies available to HMCB, HMCB shall have the right to obtain specific performance of your obligations hereunder.

Severability. If any provision of this Agreement is held invalid, void, or unenforceable under any applicable statute or rule of law, it shall to that extent be deemed omitted, and the balance of this Agreement shall be enforceable in accordance with its terms.

General. You acknowledge this Agreement, HMCB’S Privacy Policy and other legal notices published by HMCB to the Website constitute the entire agreement between you and HMCB regarding the Services. No term or provision of this Agreement shall be deemed waived and no breach excused unless such waiver or consent is in writing and signed by HMCB. A waiver by HMCB of any of the conditions to be performed by you hereunder shall not be construed to be a waiver of any succeeding breach thereof. All remedies provided for in this Agreement shall be cumulative, and in addition to, and not in lieu of, any other remedies available to HMCB at law, in equity or otherwise. You acknowledge and agree that, regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to this Agreement or the Services must be filed within one (1) year after such claim or cause of action arises or will be forever barred.

Thank you for your time and consideration and agreement to these Terms of Service. We are sure that you will find the HelpMeChooseBenefits.com website interesting and informative. For any questions or comments regarding the Website, including any dead links, please contact us.