The following Terms and Conditions of Use (“Terms”) is an agreement between you, the user (“you”), and Membership.com, LLC and its affiliates (“Membership.com” or “we”) with respect to your use of the website Membership.com, including any subdomains or web services available thereon (the “Site”).
By using the Site, you agree to comply with these Terms and Conditions. Please carefully review them. If you do not agree to comply with these Terms and Conditions, please do not access or use the Site or any of its Content (as defined herein).
These Terms may be revised or updated from time to time. Please check the Terms regularly for updates. Each time you access, use or browse the Site, you signify your acceptance of the then-current Terms. Any material changes in these Terms takes effect upon posting and apply only to your use of the Site and information collected from you on and after Last Updated date unless we have other communications with you.
We may modify, suspend or discontinue, temporarily or permanently, the Site or the Content of the Site at any time. In addition, Membership.com may suspend, discontinue, restrict or terminate your use of the Site at any time for any reason or no reason with or without notice. Membership.com will not be liable to you or any third party for any such suspension, discontinuance, restriction or termination.
You represent and warrant that you are at least 18 years of age and possess the legal authority, based on the state of your residence, to enter into this Agreement, access the Site and use Membership.com products and services. If you intend to access and use Membership.com products and services for a minor, you must be the legal guardian for such minor and agree that you will supervise all usage on such minor account.
The content available through the Site, including without limitation text, graphics, brochures, materials, charts, audio, animation, videos, logos, icons, images, media, data, the look and feel of the Site, software, products, features, tools and other information, materials or services available on, or from, the Site (the “Content”) is the sole and exclusive property of Membership.com, its licensors, or other content providers.
The Content is made available for your personal, noncommercial use. You agree to abide by any posted limitations relating to use, reproduction or dissemination of any Content. Any use of the Site or Content in any way not expressly permitted by these Terms is prohibited and may be actionable under United States or international law. Any rights not expressly granted by these Terms are expressly reserved by Membership.com.
Membership.com hereby grants you permission to access and use the Site subject to the following express conditions, and you agree that your failure to adhere to any of these conditions shall constitute a breach of the Terms on your part:
You acknowledge and agree that, as between Membership.com and you, all rights, title, and interest in and to the Site and the Content, including without limitation any patents, copyrights, trademarks, trade secrets, inventions, know-how, and all other intellectual property and proprietary rights, are owned exclusively by Membership.com, or its suppliers, vendors, merchants, licensors, or Activities partners or sponsors, and are protected by United States intellectual property and other applicable laws.
Trademarks: The trademarks, service marks, logos, slogans, trade names and trade dress used on the Site are proprietary to Membership.com or its suppliers, vendors, merchants, licensors, or Activities partners or sponsors. Membership.com reserves all rights in and to the Membership.com trademarks, and you agree not to use such marks in any connection with any product or service, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Membership.com. All other trademarks, service marks and logos used in this Site are the trademarks, service marks or logos of their respective owners. Third party trademarks referenced on the Site do not constitute or imply affiliation with or endorsement of Membership.com by the respective trademark owners, or by Membership.com of the respective trademark owners.
Copyright: All Content, including material made available for download from the Site, is the copyright and property of Membership.com or its suppliers, vendors, merchants, licensors, or Activities partners or sponsors, and protected by U.S. and international copyright laws. You agree not to copy, reprint, republish, modify, distribute, transmit, republish, sell, resell or exploit, or create derivative works based upon, any portion of the Site or the Content, for any purpose, or in any form or media, other than as expressly authorized by Membership.com in writing. You shall not alter, obscure or remove any proprietary notices, including copyright notices, contained on any downloaded materials.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SITE, INCLUDING ANY CONTENT CONTAINED WITHIN OR ACCESSED FROM THE SITE, IS PROVIDED “AS IS,” WITH ALL FAULTS, WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, AND MEMBERSHIP.COM HEREBY DISCLAIMS, TO THE MAXIMUM EXTENT PERMITTED BY LAW, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT.
THE SITE AND CONTENT SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THIS SITE, THE CONTENT AND ANY THIRD-PARTY WEBSITES OR SERVICES ACCESSED OR REFERENCED FROM THE SITE. WITHOUT LIMITING THE FOREGOING, MEMBERSHIP.COM AND/OR ITS LICENSORS AND SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS OR ACCURACY OF ANY OF THE CONTENT ON THE SITE, OR THAT THE SITE, ITS SERVERS OR E-MAILS SENT FROM MEMBERSHIP.COM OR ITS SERVICE PROVIDERS ARE OR WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, MEMBERSHIP.COM AND/OR ITS LICENSORS AND SUPPLIERS ARE NEITHER RESPONSIBLE NOR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES ARISING OUT OF OR RELATING IN ANY WAY TO THE SITE OR CONTENT AVAILABLE ON OR ACCESSED FROM THE SITE, AND/OR ANY THIRD PARTY WEBSITES OR SERVICES ACCESSED OR REFERENCED FROM THE SITE, OR OTHERWISE ARISING OUT OF YOUR USE OF THE SITE, WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF MEMBERSHIP.COM IS MADE AWARE OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE, THE CONTENT AND/OR ANY THIRD-PARTY SITE OR SERVICES IS TO STOP USING THE SITE, CONTENT AND/OR THOSE SERVICES.
Although Membership.com attempts to ensure the integrity and accurateness of the Site, it makes no guarantees whatsoever as to the correctness or accuracy of the Site. It is possible that the Site could include inaccuracies or errors. In the event you find an inaccuracy, please inform Membership.com (askpete@Membership.com) so that it can be corrected.
We provide insurance services and products described on this Site only to persons in those states and jurisdictions where such products and services may legally be sold. Nothing on our Site should be considered a solicitation to buy or an offer to sell any products or services to any person or company in any jurisdiction where such offer, solicitation, purchase or sale would not be lawful.
Membership.com products and services are not available in the State of California.
If you create an account on the Site, you are responsible for protecting the confidentiality of your account and password and for restricting access to your account. You understand and agree that you are responsible for all activities that occur under your account or password, whether by you or others. You agree to (a) log out of your account at the end of each session; (b) keep your password confidential and not share it with anyone else; and (c) immediately notify Membership.com of any unauthorized use of your password or account or any other breach of security. You are solely responsible (to Membership.com and others) for all activity that occurs under your Membership.com account. If you have the ability to upload materials to your account, you are solely responsible to backup such materials. Membership.com reserves the right to delete or remove any materials uploaded to any account at any time in its sole discretion. Membership.com is authorized to act on instructions received through use of your password, and is not liable for any loss or damage arising from your failure to comply with this Section. By creating or maintaining an account, you consent to receipt of notices and disclosures in an electronic format, to the extent permitted by law. Membership.com, however, reserves the right to provide paper notices and disclosures in its sole and absolute discretion.
The Site may contain advertisements, postings and links to websites, applications or services operated by other parties. The Site provides these advertisements, postings and links as a convenience, and your use of other websites, applications or services is at your own risk. The advertisements, postings and linked sites are not under the control of Membership.com, which is not responsible for their content or privacy practices. Membership.com makes no representations whatsoever about any other website that you may access though this Site. In addition, a hyperlink to another website from the Site does not mean that Membership.com endorses or accepts any responsibility for the content, or the use, of the linked site. It is up to you to take precautions to ensure accuracy of the information and that whatever you select for your use or download is free of such items as viruses, worms, trojan horses, and other items of a destructive nature. You acknowledge and agree that Membership.com is not responsible or liable, directly or indirectly, for any damage, loss or other claim caused or alleged to be caused by or in connection with, access to, use of or reliance on any content available on or through any other site or resource.
In addition, by using Membership.com service, you may be asked to consent to receive electronic disclosure of Employee Benefits notices, such as Summary Plan Descriptions and plan amendments. If you provide such consent, you must have access to equipment and software required to log into the Site and access, review and print such documents. By using Membership.com service, you also understand and agree to receive Employee Benefit notices electronically and to be notified of employee benefit notices using the email address you have provided to Membership.com.
You may withdraw your consent to electronic disclosure at any time by sending an email to askpete@Membership.com. If you withdraw your electronic disclosure consent, you are entitled to receive a paper copy of all Employee Benefit notices, including Summary Plan Descriptions, COBRA notifications and enrollment information, and plan amendments, upon request at no charge. Membership.com may deliver other documents and information in electronic format to your registered e-mail address or to your Membership.com account. While Membership.com intends on delivering most information electronically, it reserves the right to deliver certain documents in hard copy, in its sole discretion.
To use Membership.com products and services, you may need to provide further consent and authorize Membership.com to access and manage accounts (and information within such accounts) that you may have set up with other companies (e.g., payroll companies, health insurance companies). In certain cases, based on your prior instructions, we may open, on your behalf, accounts with other companies (e.g., with payroll processors or health insurance companies) and make changes to such accounts, as necessary to manage your benefits programs.
More information on what information will be accessed, used, changed or otherwise updated is provided on the Consent Form that you will be required to agree to before submitting such information to Membership.com. This form is available on request by emailing us at askpete@Membership.com.
Membership.com is a licensed insurance broker. As your insurance broker, Membership.com represents you. Membership.com may receive commission from insurance companies for placing your insurance. These commission rates are set by the insurance companies, based on health insurance rates filed and approved in your market. Membership.com may be required by law to charge separate fees and costs relating to more complex functions in some states. This requirement is based on insurance laws in various states. You will be notified of any fees if you access such functions in such a jurisdiction.
Membership.com may receive commission from other companies for placing products other than insurance. These rates are set by those companies.
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.
MEMBERSHIP.COM HAS CONTRACTED WITH YOUR BENEFITS PLUS TO OFFER BENEFITS AND SERVICES OTHER THAN INSURANCE.
ANY INSURANCE PRODUCT DESCRIBED IN THESE INDIVIDUAL MEMBERSHIPS ON THIS SITE PROVIDE LIMITED BENEFITS. LIMITED BENEFITS PLANS ARE INSURANCE PRODUCTS WITH REDUCED BENEFITS INTENDED TO SUPPLEMENT COMPREHENSIVE HEALTH INSURANCE PLANS. THIS INSURANCE IS NOT AN ALTERNATIVE TO COMPREHENSIVE COVERAGE. IT DOES NOT PROVIDE MAJOR MEDICAL OR COMPREHENSIVE MEDICAL COVERAGE AND IS NOT DESIGNED TO REPLACE MAJOR MEDICAL INSURANCE. FURTHER, THIS INSURANCE IS NOT MINIMUM ESSENTIAL COVERAGE AS SET FORTH UNDER THE PATIENT PROTECTION AND AFFORDABLE CARE ACT. IF YOU DON’T HAVE MINIMUM ESSENTIAL COVERAGE, YOU MAY OWE AN ADDITIONAL PAYMENT WITH YOUR TAXES.
MEMBERSHIP IN YOUR BENEFITS PLUS ASSOCIATION IS REQUIRED TO HAVE ACCESS TO ASSOCIATION BENEFITS, DISCOUNTS, SERVICES AND LIMITED MEDICAL BENEFITS INCLUDED IN SOME MEMBERSHIP PACKAGES. TO ACCESS AND REVIEW ASSOCIATION MEMBER BENEFITS, GO TO: YOURBENEFITSPLUS.COM.
Unless required otherwise by Federal or other applicable law, these Terms shall be governed by and construed in accordance with the laws of the State of Nevada, exclusive of its choice of law rules. You agree that any dispute arising under these Terms shall be resolved by the state or federal courts sitting in the State of Nevada, and you agree to waive any jurisdictional, venue, or inconvenient forum objections to such courts. In the event that any of the Terms are held by a court or other tribunal of competent jurisdiction to be unenforceable, those provisions shall be limited or eliminated to the minimum extent necessary so that these Terms shall otherwise remain in full force and effect.
Membership.com, which owns and operates the Site, is a licensed insurance broker in all states except for the State of California. Membership.com does not offer products and services in California. For specific information on licensing, please contact us.