Important information for your use of our website.
Terms of Service
THIS TERMS OF SERVICE AGREEMENT (“AGREEMENT”) IS A LEGAL AND BINDING AGREEMENT BETWEEN Inclusive Insurance Solutions, LLC, AND ITS AFFILIATES (“OUR,” “US,” “WE” OR “Inclusive Insurance Solutions“) AND YOUR EMPLOYER (SUCH ENTITY, “YOU” OR “YOUR”). THIS AGREEMENT GOVERNS YOUR USE OF Inclusive Insurance Solutions, INCLUDING ALL INFORMATION, CONTENT, PRODUCTS, MATERIALS, AND SERVICES MADE AVAILABLE TO YOU BY US AND/OR THIRD PARTIES (COLLECTIVELY, “THE SERVICE”). PLEASE READ THIS AGREEMENT CAREFULLY BEFORE USING THE SERVICE. BY REGISTERING FOR, USING, OR OTHERWISE ACCESSING THE SERVICE OR ANY PART OF IT, YOU ARE AGREEING TO BECOME A PARTY TO THIS AGREEMENT AND TO COMPLY WITH ITS TERMS AND CONDITIONS. THE SERVICE IS OFFERED AND AVAILABLE ONLY TO USERS 16 YEARS OF AGE OR OLDER. IF ANY OF YOUR EMPLOYEES ARE UNDER 16, PLEASE INSTRUCT THEM TO STOP USING THE SERVICE IMMEDIATELY. IF, FOR ANY REASON, YOU DO NOT ACCEPT ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, PLEASE DISCONTINUE THE REGISTRATION PROCESS AND DO NOT ACCESS OR USE THE SERVICE IN ANY MANNER.
When we refer to the “use” of the Service in this Agreement, we mean any actual or attempted access or use, including, but not limited to, any transmission, exchange of information, or communication associated with the Service. These terms and conditions, along with any other terms of use applicable to other Inclusive Insurance Solutions websites and any other policies, rules, and provisions that are described, linked, or referred to and form a part of this Agreement (including our Privacy Policy), constitute the entire agreement between you and us. This agreement supersedes any and all previous or conflicting understandings, representations, or agreements regarding the Service.
1. ACCESS TO THE SERVICE
Subject to the limitations described here, you are granted the right to access our text, files, images, photos, videos, sounds, works of authorship, applications, surveys, and other materials (collectively, “Content”) under the terms and conditions outlined in this Agreement. To use the Service, you must have Internet access and pay any associated service fees. You are also responsible for providing all equipment necessary for this connection and for accessing the Content. Use of and access to some Content may be subject to additional fees or restrictions. Certain parts and features of the Service may also require registration.
2. ACCEPTING THE AGREEMENT
You confirm that you have the full right, power, and authority to (a) accept the terms, conditions, obligations, affirmations, representations, and warranties in this Agreement, (b) grant the rights, licenses, consents, and authorizations you are required to grant under this Agreement, and (c) abide by and comply with this Agreement.
3. Inclusive Insurance Solutions PRIVACY POLICY
Inclusive Insurance Solutions takes your privacy seriously. We operate under the policies and principles outlined in our Privacy Policy, which contains important information about how we collect and use your personally identifiable information in connection with your use of the Service.
4. Inclusive Insurance Solutions’s LICENSE TO CLIENT DATA; CONFIDENTIAL INFORMATION
You grant Inclusive Insurance Solutions a worldwide, non-exclusive, royalty-free license to use, copy, access, process, reproduce, perform, display, modify, distribute, and transmit data and other content provided or made available by you or your employees to Inclusive Insurance Solutions in accordance with this Agreement or any other agreement between you and us (“Client Data”). This license is for the purpose of providing services (including the Service) and/or access to the Inclusive Insurance Solutions mobile application or other products to you or your employees. You agree that you are solely responsible and liable for (a) obtaining all necessary authorization for the use of Client Data as described in this Agreement; (b) ensuring the completeness and accuracy of all Client Data and other materials you provide to Inclusive Insurance Solutions; (c) providing information in a timely manner as requested by Inclusive Insurance Solutions to provide the Service; and (d) making sure that Client Data does not infringe, violate, or misappropriate any patents, copyrights, trademarks, trade secrets, or other intellectual property or proprietary rights of any third party.
You acknowledge and agree that Inclusive Insurance Solutions’s confidential information includes (a) general knowledge, experience, know-how, works, and technologies (including ideas, concepts, processes, and techniques) acquired while providing the Service, and (b) anonymized compilations and analyses of Client Data combined with data from other clients, as well as evaluations, benchmarking tests, studies, analyses, and other work products derived from the foregoing.
5. AGGREGATED STATISTICS
Regardless of any other provision in this Agreement, Inclusive Insurance Solutions may monitor your use of the Services and collect and compile data and information related to your use. This includes compiling statistical and performance information related to the provision and operation of the Services (“Aggregated Statistics”). As between you and Inclusive Insurance Solutions, all rights, title, and interest in Aggregated Statistics, including all intellectual property rights, belong to and are held solely by Inclusive Insurance Solutions. You acknowledge that Inclusive Insurance Solutions may compile Aggregated Statistics based on the Client Data you input into the Services. You agree that Inclusive Insurance Solutions may (i) make Aggregated Statistics publicly available in compliance with applicable law, and (ii) use Aggregated Statistics to the extent and in the manner permitted under applicable law.
6. SERVICE OPERATION
Inclusive Insurance Solutions will use reasonable efforts to keep the Service operational. However, certain technical difficulties, routine site maintenance, upgrades, and other events outside of our control may, from time to time, cause temporary service interruptions. Inclusive Insurance Solutions also reserves the right to modify or discontinue, temporarily or permanently, parts of the Service at any time with or without notice. You agree that Inclusive Insurance Solutions will not be liable to you or any third party for any direct or indirect consequences of any modification, suspension, discontinuation, or interruption to the Service.
7. USER RESTRICTIONS
By using the Service, you acknowledge and agree that you have no right to provide any Content obtained through the Service to any other party or by any other means. You agree that you will not duplicate or reproduce the Content, or any part of it, onto any physical medium, memory, or device now known or developed in the future. Additionally, you agree that you will not attempt to, or encourage or assist any other person to, bypass or modify any Content protection measures.
You may not use or allow others to use the Service, directly or indirectly, to upload, input, distribute, transmit, communicate, link to, publish, or access any data, information, or material that: (a) is libelous, defamatory, vulgar, obscene, pornographic, sexually offensive or explicit, harmful, harassing, threatening, hateful, racially, culturally, ethnically, or otherwise objectionable or offensive, discriminatory, or abusive; (b) violates any law or regulation or the rights of others; (c) causes duress, distress, or discomfort to another person or is likely to discourage others from using the Service; (d) infringes any intellectual property, proprietary rights, or confidentiality obligations of others; and/or (e) contains, transmits, or activates any software, hardware, or other technology, device, or means (including any virus, worm, malware, or other malicious computer code) whose purpose or effect is to (i) permit unauthorized access to, or to destroy, disrupt, disable, distort, or otherwise harm or impede in any way any computer, software, firmware, hardware, system, or network, or any application or function of the foregoing, or the security, integrity, confidentiality, or use of any data processed by it; or (ii) prevent you or others from accessing or using the Services as intended by this Agreement. You are solely responsible and liable for any such activity, behavior, use, and conduct. We have no liability, and you bear the sole and exclusive risk associated with the use of or reliance on the accuracy, quality, completeness, reliability, or usefulness of any data, information, or material in connection with the Service.
You also may not use, or allow others to use, the Service, directly or indirectly, to: (x) attempt to or actually disrupt, impair, interfere with, alter, or modify the Service or any Content posted or displayed by us or anyone else; (y) act in a way that negatively affects us, the Service, or anyone else; (z) collect or attempt to collect any information from others (including, without limitation, personally identifiable information) without their prior consent. You agree to comply with all local, state, and federal laws, statutes, rules, and regulations, as well as any international treaties, that apply to your use of the Service.
You are prohibited from violating or attempting to violate the security of the Service. This includes, but is not limited to: (a) accessing data not intended for you or logging into a processor, communications, or access device or account that you are not authorized to access; (b) attempting to probe, scan, or test the vulnerability of the Service or to breach its security or authentication measures, regardless of your motives; (c) attempting to interfere with or disrupt the Service or service to any user, processor, host, or network; or (d) sending unsolicited email or other information, including promotions or advertising. Violations of system or network security or this Agreement may result in civil or criminal liability. We have the right to investigate occurrences that may involve such violations and may involve, provide information to, and cooperate with law enforcement authorities in prosecuting users who are involved in such violations. Furthermore, if you are using a “jailbroken” device or have otherwise bypassed the encryption, security, or other capabilities of your device, you assume all liability for any of the occurrences described in this section.
You agree to use the Service for your internal use only and not for any commercial uses unless you have obtained prior written approval from Inclusive Insurance Solutions. Such commercial uses include, without limitation: (i) the sale of access to the Service; and (ii) the sale of advertising, sponsorships, or promotions placed on or within the Service.
8. THIRD-PARTY CONTENT PROVIDERS
In some cases, Inclusive Insurance Solutions obtains its rights to use the Content offered on the Service from third-party content owners (“Content Providers”) for fixed periods. We are also sometimes required to remove certain Content from the Service for legal reasons. Therefore, some Content offered or advertised by Inclusive Insurance Solutions may not be available when you try to access it, and not all Content is available in all countries or territories. While Inclusive Insurance Solutions makes every effort to ensure the accuracy of all Content Provider information, we do not provide a warranty regarding the accuracy of such information.
9. ELECTRONIC DELIVERY
By using the Service, you consent to the electronic delivery of all documents and notices concerning your account. You also confirm that you have the necessary ability, equipment, and software to access and view any documents or notices we send you. You may withdraw your consent to electronic delivery at any time by emailing us at [your support email here]. If you withdraw your consent, you are entitled to receive a paper copy of all required notices and documents. Please note that some notices and documents that we are not required to provide to you will not be sent if you withdraw your consent.
10. INTELLECTUAL PROPERTY RIGHTS
The Inclusive Insurance Solutions logos and other trademarks are the property of their respective owners and are either owned by, licensed to, or used with permission by Inclusive Insurance Solutions. They may not be reproduced, copied, or manipulated in any way without the express written approval of the trademark owner.
The Content available through the Service is the property of Inclusive Insurance Solutions or its Content Providers and is protected by copyright and other intellectual property laws. You acknowledge that Inclusive Insurance Solutions retains exclusive ownership of the Service and all associated intellectual property rights. The Service contains proprietary and confidential information protected by copyright laws and international treaty provisions. Except as explicitly provided here, you are not granted any rights or license to patents, copyrights, trade secrets, or trademarks related to the Service or the Content, and Inclusive Insurance Solutions reserves all rights not expressly granted under this agreement.
If you or any of your users send or transmit any communications or materials to Inclusive Insurance Solutions (by mail, email, telephone, or other means) suggesting or recommending changes to the Content or the Service (including new features or functionality), or any comments, questions, or suggestions related to this Agreement or any other agreement you have with Inclusive Insurance Solutions or its affiliate (“Feedback”), Inclusive Insurance Solutions is free to use that Feedback regardless of any other obligation or limitation between the parties governing it. On behalf of yourself and your users and employees, you hereby assign to Inclusive Insurance Solutions all right, title, and interest in, and Inclusive Insurance Solutions is free to use (without any attribution or compensation to any party), any ideas, know-how, concepts, techniques, or other intellectual property rights contained in the Feedback for any purpose whatsoever, although Inclusive Insurance Solutions is not required to use any Feedback.
You may not:
- Frame or mirror any part of the Service without our express prior written consent.
- Create a database by systematically downloading and storing all or any Content.
- Copy, reproduce, transfer, make available, derive or access (except as expressly authorized by this Agreement), assign, re-license, reverse engineer, decompile, disassemble, decode, adapt, translate, publish, transmit, distribute, display, broadcast, re-broadcast, redistribute, modify, create derivative works from, capture or store in any physical media, market, lend, rent, sell, lease, sublicense, or participate in any sale of or exploit in any way, in whole or in part, the Service or any related software.
- Use any robot, spider, rover, scraper, offline readers, site search/retrieval applications, or any other data mining technology or automatic or manual process, system, or software to monitor, cache, frame, mask, extract data from, copy, or distribute the Content (except for standard search engine or internet browser usage) or to bypass the navigational structure or presentation of the Service, without the express prior written consent of Inclusive Insurance Solutions.
- Remove any proprietary notices related to the Service.
- Bypass any measures Inclusive Insurance Solutions may use to prevent or restrict access to the Service.
You must promptly notify Inclusive Insurance Solutions in writing if you discover any unauthorized use or infringement of the Service, any Content, or Inclusive Insurance Solutions’s intellectual property rights (including patents, copyrights, trade secrets, or trademarks). Except as expressly provided in this agreement, any copy or use of any portion of the Service will be considered an act of copyright infringement and a breach of this Agreement. Furthermore, Inclusive Insurance Solutions may, at its sole discretion, pursue any other available legal or equitable rights or remedies for a violation of this Agreement or such copyright infringement.
We respect the intellectual property rights of others. If you believe that any of the Content on the Service violates your intellectual property rights (such as copyright, trademark, patent, or trade dress), please Email Us.
11. REGISTERED USERS
Inclusive Insurance Solutions may require registration information before you can access certain areas of the Service. You must provide Inclusive Insurance Solutions with information that is true, accurate, current, and complete. You agree to promptly update your registration to keep it accurate, current, and complete. If we issue you a username and password, you may not share it with anyone else. You may not use anyone else’s username and/or password, or allow anyone else to use yours, to access the Service. You are responsible for maintaining the confidentiality of your accounts, username, and passwords, and for any charges, damages, liabilities, or losses incurred as a result of your failure to do so. We are not liable for any harm caused by or related to the theft of your username and/or password, your disclosure of your username and/or password, or your authorization to allow another person to access and use the Service with your credentials. You are solely and entirely responsible for all activities that occur under your account, including (a) any access you provision to your users and (b) any charges incurred related to the Service. You agree to immediately notify us of any unauthorized use of your username, password, or account, or any other security breach. We will not be responsible for any loss or damage that may result from your failure to comply with these requirements. If you choose a username that, in our sole discretion, is obscene, indecent, abusive, or might otherwise subject us to public disparagement or scorn, we reserve the right, without prior notice to you, to automatically change your username, delete your submissions and/or posts from the Service, deny you access to the Service, or any combination of these options.
Inclusive Insurance Solutions may, but is not obligated to, offer interactive features that allow users to, among other things, submit or post content (“User Generated Content”) or links to third-party content in areas of the Service that are accessible and viewable by other users and the public. You represent and agree that all User Generated Content or links you submit or post are your sole responsibility. They must not infringe on or violate the rights of any other party, violate any laws, contribute to or encourage infringing or unlawful conduct, or otherwise be obscene, objectionable, or in poor taste. You also affirm that you have obtained all necessary rights, licenses, or clearances. You should be aware that when you voluntarily disclose identifiable information (for example, your name, street address, email address, or telephone number) on the Service, that information can be read, collected, and used by other users and may lead to unsolicited messages, both commercial and otherwise. By participating in such online public forums, you agree not to use them for any purpose that is unlawful or prohibited by the Inclusive Insurance Solutions community guidelines that may be in effect from time to time. We reserve the right to terminate your access to the Service or take other protective steps if you violate these terms. By submitting or posting any User Generated Content on, through, or in connection with the Service, you grant Inclusive Insurance Solutions a limited, fully-paid, and royalty-free license to use, modify, delete from, add to, publicly perform, publicly display, reproduce, and distribute such User Generated Content in all forms and formats of media now known or created in the future, including, without limitation, distributing part or all of the Service and any User Generated Content within it. You also agree to waive any “moral rights,” or similar rights, to any User Generated Content under any jurisdiction. You retain any rights you may have in your User Generated Content submitted or posted on, through, or in connection with the Service, subject to the limited license granted herein. Inclusive Insurance Solutions reserves the right, at its sole discretion, to not post or publish any User Generated Content, and to delete, remove, or edit any User Generated Content at any time without notice or liability.
12. LINKS TO OTHER SITES
The Service may contain hyperlinks and pointers to other websites on the Internet that are maintained by third parties (“Other Sites”). If you use these hyperlinks to access these Other Sites, you will leave the Service and your browser will be redirected to those sites. The Other Sites may have their own terms of service and privacy policies, and their practices and requirements may differ from the Service. Inclusive Insurance Solutions may not be aware of, and is not responsible for, the content, information, websites, products, or advertisements presented by any Other Site. You use these sites at your own risk. Inclusive Insurance Solutions does not warrant or make any representation regarding the legality, accuracy, quality, or authenticity of content, information, websites, or products presented by Other Sites. The hyperlinks to Other Sites do not constitute an endorsement by Inclusive Insurance Solutions of those sites, resources, or their content, information, services, or products. We provide these links to you as a convenience only. The terms of service and privacy policy of any Other Sites will apply to your access and use of them. Inclusive Insurance Solutions accepts no responsibility for the content or conduct of Other Sites.
13. THIRD-PARTY CONTENT POLICY (YOUTUBE, VIMEO, ETC.)
Please be aware that with regard to any content made available on or through the Service that contains or displays a third-party logo (e.g., YouTube, Vimeo, etc.) or is provided via a third-party’s player and hosted on a third-party’s servers, Inclusive Insurance Solutions does not have the ability to permanently remove all or any such content from the third-party’s servers. Therefore, if you have a complaint about any video content made available on the Service that is provided by a third party, you should contact that third party directly in accordance with their copyright policies. If you believe your work is available on the Service via a third-party player in a way that constitutes copyright infringement, please: (1) contact the third party directly in accordance with their copyright policies; and (2) notify Inclusive Insurance Solutions by sending us a message.
14. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY AGREE THAT YOUR USE OF AND ACCESS TO THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE.” WE DO NOT MAKE, AND HEREBY DISCLAIM, ANY REPRESENTATIONS OR WARRANTIES REGARDING THE SERVICE, THE Inclusive Insurance Solutions WEBSITE, AND THE PRODUCTS AND SERVICES OFFERED THROUGH THE SERVICE OR ANY PART OF IT, WHETHER EXPRESS, IMPLIED, OR STATUTORY. THIS INCLUDES (WITHOUT LIMITATION) IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT OF THIRD-PARTY RIGHTS, OR ANY WARRANTIES ARISING FROM A COURSE OF DEALING OR CUSTOM OF TRADE. WE MAKE NO REPRESENTATION OR WARRANTY THAT ANY MATERIAL, CONTENT, PRODUCTS, OR SERVICES DISPLAYED ON OR OFFERED THROUGH THE SERVICE ARE ACCURATE, COMPLETE, APPROPRIATE, RELIABLE, OR TIMELY. WE ALSO MAKE NO REPRESENTATIONS OR WARRANTIES THAT THE SERVICE WILL MEET YOUR REQUIREMENTS AND/OR THAT YOUR ACCESS AND USE OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, FREE OF VIRUSES, MALICIOUS CODE, OR OTHER HARMFUL COMPONENTS, OR OTHERWISE SECURE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. ACCORDINGLY, SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
15. LIMITATION OF LIABILITY
IN NO EVENT SHALL Inclusive Insurance Solutions, ITS CONTENT PROVIDERS, SUPPLIERS, PARTNERS, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM: (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICE; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL OR FINANCIAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICE; (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE BY ANY THIRD PARTY; AND/OR (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICE. THIS APPLIES REGARDLESS OF WHETHER THE CLAIM IS BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND REGARDLESS OF WHETHER Inclusive Insurance Solutions WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
16. INDEMNITY
You agree to defend, indemnify, and hold us harmless against any losses, expenses, costs, or damages (including our reasonable attorneys’ fees, expert fees, and other reasonable costs of litigation or proceedings) arising from, incurred as a result of, or in any way related to any claim or action based upon (a) your breach of or failure to comply with the terms and conditions of this Agreement, (b) your use of the Service, and/or (c) the use of the Service by any other person using your username, password, or account. At our discretion, we may participate in the defense of any such claim or action and any negotiations for its settlement or compromise. No settlement that may negatively affect our rights or obligations can be made without our prior written approval. We reserve the right, at our own expense and with notice to you, to assume exclusive defense and control of any such claim or action, at which point your corresponding indemnification obligation will end.
17. CHOICE OF LAW AND CONSENT TO JURISDICTION
The Service is created, operated, and controlled by Inclusive Insurance Solutions, LLC in the State of California, United States of America. The laws of the State of California will govern this Agreement without regard to any principles of conflict of laws.
Some of the Service and Content are only intended for use by people in states and jurisdictions where such products and services can be legally offered. As a result, the Service should not be considered a solicitation to buy or an offer to sell any products or services to any person in any jurisdiction where such an offer, solicitation, purchase, or sale would be unlawful.
YOU AGREE THAT ANY CAUSE OF ACTION ARISING FROM OR RELATED TO THE SERVICE MUST BE INITIATED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
18. DISCLAIMERS AND DISCLOSURES
The Service and Content may contain inaccuracies or typographical errors. Inclusive Insurance Solutions reserves the right, at its sole discretion and without notice, to correct any errors or omissions in any part of the Service, or to deny access to the Service to anyone at any time. You acknowledge and agree that Inclusive Insurance Solutions is not responsible for any User Generated Content posted by users.
Advice received through the Service should not be relied upon for personal, medical, legal, or financial decisions. You should consult an appropriate professional for specific advice tailored to your situation. You acknowledge that any reliance on any advice, opinion, statement, or other information displayed or distributed through the Service is at your sole risk. Before making any decisions based on information posted on the Service, you are advised to verify the information. Inclusive Insurance Solutions will not have any liability arising from your actions or decisions based on information provided on the Service.
When purchasing products or services online, it is always recommended that you conduct your own research. This includes buying any products or services offered or sold as part of, or through, the Service.
Unless we have stated otherwise, you should always assume that when products or services are mentioned as part of the Service, it is because there is a material connection between Inclusive Insurance Solutions and the providers of those products and services. It should be noted that this is not always the case.
With regard to insurance in general, do not cancel any existing policies or accounts until you have received written confirmation that a new policy or account is in effect.
Where excerpts from third-party sources have been displayed or content has been generated and posted by a third party (e.g., Content Providers, User Generated Content, etc.), these are in no way indicative of any kind of verifiable result, opinion, or recommendation. You are strongly cautioned to conduct your own due diligence before relying on such sources.
YOU UNDERSTAND, ACKNOWLEDGE, AND AGREE THAT: (A) Inclusive Insurance Solutions IS NOT A PLAN SPONSOR, PLAN ADMINISTRATOR, OR FIDUCIARY WITH RESPECT TO ANY OF YOUR PLANS; (B) Inclusive Insurance Solutions SHALL HAVE NO OTHER ROLE, RESPONSIBILITY, OR LIABILITY WITH RESPECT TO ANY OF YOUR PLANS, INCLUDING, WITHOUT LIMITATION, THAT OF A THIRD-PARTY ADMINISTRATOR; AND (C) TO THE EXTENT THAT Inclusive Insurance Solutions PROVIDES ANY ADMINISTRATIVE OR OTHER SERVICES FOR ANY OF YOUR PLANS, (I) ALL SUCH SERVICES ARE PERFORMED ON YOUR BEHALF AND AT YOUR SPECIFIC DIRECTION, (II) Inclusive Insurance Solutions WILL NOT ASSUME ANY FIDUCIARY OR OTHER OBLIGATIONS AS A RESULT OF SUCH SERVICES UNDER THE EMPLOYEE RETIREMENT INCOME SECURITY ACT OF 1974, AS AMENDED (ERISA), OR ANY OTHER LAW, AND (III) YOU WILL REMAIN SOLELY RESPONSIBLE AND LIABLE FOR SUCH SERVICES AND ANY UNDERLYING OBLIGATIONS.
19. OTHER IMPORTANT PROVISIONS
(a) Use of the Service is unauthorized in any jurisdiction that does not give full effect to all provisions of these terms and conditions, including this Section 19.
(b) You may not use the Service in any way that violates local, state, or federal law. Inclusive Insurance Solutions expressly disclaims any and all responsibility or liability for any action you take that is contrary to such laws and reserves the right to terminate your Service immediately upon notice of your failure to comply with any such law.
(c) Our performance of this Agreement is subject to existing laws and legal processes. Nothing in this Agreement should be seen as a derogation of our right to comply with governmental, court, and law enforcement requests or requirements related to your use of the Service or information provided to or collected by us regarding such use.
(d) If any part of this Agreement is found to be invalid or unenforceable under applicable law (including, but not limited to, the warranty disclaimers and liability limitations above), the invalid or unenforceable provision will be replaced by a valid, enforceable provision that most closely matches the intent of the original provision, and the rest of the Agreement will remain in effect.
(e) Any failure or delay in enforcing any provision, exercising any option, or requiring performance shall not be considered a waiver of that or any other right in connection with this Agreement.
(f) You may not assign your rights under this Agreement without our prior written permission, and any attempt to do so will be void from the outset.
(g) This Agreement, together with our Privacy Policy and any other rules, regulations, procedures, and policies we refer to (which are incorporated herein by this reference), constitutes the entire agreement between you and us regarding the Service. It supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written.
(h) Any provision that must survive in order for us to enforce its meaning will survive the termination of this Agreement. However, no action arising from this Agreement or your use of the Service, regardless of the form or basis of the claim, may be brought by you more than one (1) year after the cause of action has arisen (or, if there are multiple causes, from the date the first cause arose). You hereby waive any longer statute of limitations that may be permitted by law.
(i) A printed version of this Agreement and of any notice given in electronic form will be admissible in judicial or administrative proceedings based on or relating to this Agreement to the same extent and under the same conditions as other business documents and records originally generated and maintained in printed form.
(j) The relationship between the parties is that of independent contractors. Nothing in this Agreement should be interpreted as creating any agency, partnership, joint venture, or other form of joint enterprise, employment, or fiduciary relationship between the parties. Neither party has the authority to contract for or bind the other party in any manner whatsoever.
(k) This Agreement is for the sole benefit of the parties and their respective successors and permitted assigns. Nothing herein, whether express or implied, is intended to or shall grant any other person or entity any legal or equitable right, benefit, or remedy of any nature under or by reason of this Agreement.
(l) At a party’s reasonable request, the other party shall, at the requesting party’s sole cost and expense, execute and deliver all such documents and instruments and take all such further actions as may be necessary to give full effect to this Agreement.
20. TERMINATION
Inclusive Insurance Solutions may terminate this Agreement, or restrict, suspend, or terminate your use of the Service, immediately and without notice or liability, if you violate, breach, or fail to comply with this Agreement in any way. This will not limit any other rights or remedies available to us. Without limiting any other provisions regarding termination, we reserve the right to terminate your use of the Service, without cause, upon reasonable notice.
You may terminate this Agreement by stopping your use of the Service. Termination is your sole and exclusive remedy if you are not satisfied with the Service. Termination of this Agreement will not relieve you of any obligations to pay accrued charges, if applicable.
21. CHANGES OR MODIFICATIONS
We reserve the right to add, delete, change, or modify parts of this Agreement at our sole discretion and at any time without notice or liability to you. If we do this, we will post the changes to the Agreement on this page and will indicate the effective date at the bottom of the page. It is important for you to check this Agreement periodically to ensure you are aware of any additions, revisions, or modifications we may have made. Your continued use of the Service constitutes your acceptance of any new terms and conditions.
22. WAIVER OF CLASS, COLLECTIVE ACTIONS
All claims brought under this Agreement must be brought in your individual capacity. Under no circumstances will this Agreement be interpreted to permit the consolidation or joinder of other claims or disputes involving any other employees or parties, or to allow such claims or disputes to proceed as a class or collective action or on any other similar basis. No arbitrator will have the authority under this Agreement to order any such class or collective action. By signing this Agreement, you agree to waive any substantive or procedural rights you may have to bring or participate in an action brought on a class or collective basis. Any dispute regarding the validity, scope, or enforceability of this Agreement, or concerning the arbitrability of a specific claim, will be resolved by a court, not by the arbitrator. You agree to waive any substantive or procedural rights you may have to bring or participate in an action brought on a class or collective basis. If, under applicable law, a claim (for example, a representative claim under the California Private Attorneys General Act or “PAGA claim”) is found to be unwaivable and such an action is pursued in court, you agree that any such claim, including a PAGA claim, will be separated and stayed pending the resolution of claims that are arbitrable.
Updated as of: August 5, 2025