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Terms of Service

This website is owned and operated by Via Benefits Insurance Services (a registered d/b/a of Extend Insurance Services) and its affiliates and subsidiaries including but not limited to Extend Health LLC (collectively, "the Company"). By using any of our sites (the "Sites"), you agree to be bound by these Terms of Service and our Privacy Policy (collectively the "Agreement"), as modified from time to time as set forth herein. By submitting any content or materials through the Sites, contacting the Company through features of the Sites, or otherwise using the Sites, you agree that you have read, understood, and agree to be bound by all the terms and conditions of the Agreement. If you do not agree with any of the terms and conditions of this Agreement, please do not use the Sites. By continuing to use our Sites, you agree to be bound by any such revisions. We recommend that you visit often and print out the latest versions of the Privacy Policy and Terms of Service for your records. For your information, the date of the last update to these Terms of Service is posted at the bottom of this section.

The use of our Sites and the on-line services offered through the Sites are governed by this Agreement. You must be 18 years old or older to use our Sites. Unless otherwise indicated, any new products, services, Content (as defined below) or software added to our Sites will also be subject to this Agreement, effective upon the date of any such addition. All capitalized words used in the Agreement shall have the meanings set forth herein.

Our Services

The purpose of this website and our other Sites is to provide you with information about insurance options and other products and services that may be available to you based upon information you have provided to us, and to provide you with an opportunity to interact with other users (our "Services"). Our Services include, among other things, providing you with comparative insurance rates from national networks of licensed insurance providers that contract with the Company. The information and materials provided on our Sites are for general reference purposes only and will not describe all the terms and conditions applicable to the insurance products and services you may be interested in. The premium rates shown on our Sites are for quoting purposes only, are not an offer of coverage, may not be current, and are not guaranteed. Final premium rates will be determined by the insurance company and are based on individual circumstances. As a result of underwriting, final premium rates may differ from quoted premium rates.

The Company does not issue insurance contracts or bind coverage directly. We do not provide insurance, tax or financial advice nor do we guarantee that any of the agents, brokers and/or insurance companies that we will forward your information to will provide you coverage. All coverages are subject to the terms and conditions in insurance policies issued by our partners. Coverage and availability will vary from state to state and your individual circumstance.

Use of Our Services

While using the Sites, you may be asked to provide, or choose to provide on your own, information (your "User Information"). User Information that you may submit to us will be used to provide our Services and not for any other purpose not contained in this Agreement. For more information about what information the Company collects from you, and how your User Information will be used and disclosed to others, please review our Privacy Policy, which is incorporated herein by reference, and these Terms of Service. In consideration of your use of the Services, you agree to provide true, accurate and current User Information as prompted by the required registration. If any User Information you provide is untrue, inaccurate or not current, or if the Company has reasonable grounds to suspect that such information is untrue, inaccurate or not current, the Company, at its sole discretion, has the right to refuse all current or future access to the Content and use of the Services or suspend any portion thereof. Further, you agree that the Company will not be liable to you or any third party if the Company terminates your access to the Services or Content for any reason. Our Sites are designed to promote our Services only in the United States. We invite only residents of the United States to submit information to us through our Sites. By submitting information to us through our Sites, you represent, warrant, and agree that:

  • You are at least 18 years old;
  • You are a resident of the United States;
  • You consent to the transfer of your User Information outside of your home jurisdiction for processing; and
  • You are providing accurate and current User Information about yourself or your family members.

Modifications

Agreement Modifications: the Company reserves the right, at its discretion, to change, modify, add, or remove the terms of this Agreement at any time by posting the amended Agreement to the Sites. Please check back periodically for changes to the Agreement. You agree that you will continue to be bound by this Agreement, however and whenever it is updated, revised, supplemented, modified, or amended. Your continued use of the Sites after the modified Agreement becomes effective constitutes your binding acceptance of such changes. Except as stated elsewhere, amendments to the Agreement will automatically be effective thirty (30) days after initially posted on the Sites, provided however that any dispute that arises under the Agreement shall be resolved according to the terms of the Agreement in place at the time the dispute arose. In the event that a change materially alters your rights or obligations, the Company will use commercially reasonable efforts to notify you of the change, such as by posting a notification to the home page of the Site, or sending a notification to you at the address we have on file for you, if any.

Sites Modifications: The Company reserves the right, at its sole discretion, to change, modify, add, or remove features of the Sites and to suspend or discontinue any aspect of the Sites at any time without notice to you, including Content (as defined below), hours of availability and graphics. We will not be liable to you or any third party for doing so. We may impose rules for and limitations on use of the Sites or restrict your access to part, or all of the Sites without notice or penalty. We have the right to change these rules or limitations at any time in our sole discretion.

Our Licenses

All insurance quotes and products are offered through Extend Insurance Services, LLC, a Utah resident insurance agency (Utah License No. 104741) which is licensed as a non-resident agency or otherwise authorized to transact business as an insurance agency in all fifty states and the District of Columbia. Collectively, the Company (and/or an officer of the Company) are licensed in good standing in the following fifty states and the District of Columbia.

State License Number
AK 49158
AL 253678
AR 281642
AZ 195237
CA 0F19729
CO 13120
CT 002236333
DC 2821066
DE 1036243
FL L011324
GA 112977
HI 336846
IA 1001003054
ID 124621
IL 100285172
IN 36493
KS 202487260-0
KY DOI-625753
LA 407056
MA 1820446
MD 99928587
ME AGN120215
MI 202487260
MN 20564461
MO 8020703
MS 10003013
MT AL998433
NC 202487260
ND 20294101
NE YR331386
NH 2004785
NJ 1035117
NM 100000880
NV 19384
NY LA-1030626
OH 32852
OK 100100160
OR 816835
PA 446975
RI 2016137
SC 166408
SD 8437
TN 3114
TX 1328535
UT 104741
VA 102625
VT 1233
WA 258185
WI 3603
WV 100110515
WY 10752

Existing Insurance Coverage

DO NOT CANCEL ANY EXISTING HEALTH INSURANCE UNTIL YOU RECEIVE WRITTEN CONFIRMATION FROM THE INSURANCE COMPANY TO WHICH YOU ARE APPLYING THAT YOUR NEW POLICY IS IN EFFECT. WE ARE NOT RESPONSIBLE FOR ANY INTERRUPTION OF COVERAGE IF YOUR EXISTING POLICY IS CANCELLED BEFORE THE NEW POLICY TAKES EFFECT.

Proprietary Rights

Marketplace.viabenefits.com is a registered service mark of Via Benefits Insurance Services LLC. Other service names or marks presented on the Sites are service marks of Via Benefits Insurance Services LLC or its affiliates, except for those of insurance carriers, brokers, agents, industry organizations, service providers and educational institutions, which are service marks of their respective entities. The names, trademarks, service marks and logos of the Company and any of the insurance companies represented by the Company may not be used by you in any advertising or publicity, or otherwise to indicate our sponsorship of or affiliation with any third-party product or service, without the Company's prior express written permission. The Content (as defined below) presented on marketplace.viabenefits.com is that of the Company, and not necessarily that of the participating insurance carriers. The Content presented by insurance carriers, brokers, agents, industry organizations, service providers and educational institutions, is solely that of the respective entity providing the Content.

All text, software (including source and object codes), data, information, visual, oral or other digital material, and all other content of any description available on our website or included in any Services we offer (collectively, the "Content"), and all worldwide copyrights, trademarks, service marks, patents, patent registration rights, trade secrets, know-how, database rights and all other rights in or relating to the Content (collectively, the "Intellectual Property") are owned by the Company, its affiliates or third parties who have given the Company permission to use it.

User License: Subject to your full and ongoing compliance with all the terms and conditions of this Agreement, the Company hereby grants you a personal, non-exclusive, non-transferable license to access and make personal use of this website. Except as otherwise permitted in this Agreement you may not use, download (other than page caching), upload, reproduce, delete, transmit, post, redistribute, or modify the Sites, or any portion of them. The permission granted does not include any resale or commercial use of the Sites or their Contents; any collection and use of any information, product listings, descriptions, or prices; any derivative use of the Sites or their Contents; or any use of data mining, robots, or similar data gathering and extraction tools. No portion of the Sites may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including Content and other images, text, page layout, or form) of the Company brand, the Company or its affiliates without ours or their express written consent. You may not use any meta-tags or any other "hidden text" utilizing any of the Company's name(s) or service marks. Any unauthorized use terminates any permission granted by the Company.

You may download information from our Sites and print out a hard copy for your personal use provided that you keep intact and do not remove or alter any copyright or other notice (e.g., trademark, patent, etc.) contained in the information. Except as otherwise expressly stated herein, you may not alter, modify, copy, distribute (for compensation or otherwise), transmit, display, perform, reproduce, reuse, post, publish, license, frame, download, store for subsequent use, create derivative works from, transfer, or sell any information or Content obtained from the Sites, in whole or in part, including any text, images, audio, and video in any manner. The use of Content, including images, by you, or anyone else authorized by you, is prohibited unless specifically permitted by the Company in writing. Any unauthorized use of text or images may violate copyright laws, trademark laws, the laws of privacy and publicity, and other applicable regulations and statutes.

Neither the Company nor its affiliates warrant or represent that your use of any Content or any other materials displayed on this website will not infringe on any rights of third parties.

You may only use the Content and the Intellectual Property, access our Sites and use any services we provide through our Sites solely as expressly permitted in this Agreement and for no other purposes.

Feedback

If you send the Company or its employees any ideas for features, modifications, enhancements, refinements, products, technologies, content offerings, promotions, strategies, or product/feature names, or any related documentation, artwork, computer code, diagrams, or other materials ("Feedback"), then regardless of what your accompanying communication says, the following terms shall apply. By sending Feedback to the Company, you agree that:

  • The Company has no obligation to review, consider, or implement your Feedback, or to return to you all or part of any Feedback for any reason;
  • Feedback is provided on a non-confidential basis, and the Company is not under any obligation to keep any Feedback you send confidential or to refrain from using it in any way;
  • You irrevocably grant the Company and its successors and assigns permission to use, reproduce, modify, and distribute Feedback, and/or any product or service based on your Feedback, for any purpose and without restriction, including by making, selling, and promoting commercial products and services which incorporate or embody Feedback in whole or in part, or as modified, free of charge and without attribution of any kind; and
  • The Company may transfer or assign the rights you grant to the Company hereunder without restriction.

User Generated Content

General. The Sites provide certain features which enable users to upload content, which may include text, photos, or any other content submitted by you or other users through the Sites, including any User Information ("User Submissions"), and provide for the hosting, reproduction, distribution, transmission, public performance, and public display of such User Submissions. User Submissions are displayed for informational purposes only and are not controlled by the Company. You understand that all User Submissions are the sole responsibility of the person from whom such User Submission originated. This means that you, and not the Company, are entirely responsible for all User Submissions that you upload, post, e-mail, transmit or otherwise make available through the Sites. This also means that the Company is not responsible to you for User Submissions submitted by other users of the Sites.

No Obligation to Publish. The Company makes no representations that it will publish or make available on the Sites any User Submissions, and reserves the right, in its sole discretion, to refuse to allow any User Submissions on the Sites, or to remove any User Submission at any time with or without notice. Without limiting the generality of the preceding sentence, the Company complies with the Digital Millennium Copyright Act, and will remove User Submissions upon receipt of a compliant takedown notice (see "Digital Millennium Copyright Act" below).

License Grant by You to the Company. You retain all of your ownership rights in original aspects of your User Submissions. By submitting User Submissions to the Company, you hereby grant the Company and its affiliates, sub-licensees, partners, designees, and assignees of the Sites (collectively, the "Company Licensees") a worldwide, non-exclusive, fully paid-up, royalty-free, perpetual, irrevocable, sub-licensable, and transferable license to use, reproduce, distribute, modify, transmit, publicly display, and publicly perform your User Submissions and adaptations thereof for any purpose, and to collect, combine, aggregate, and analyze, data related thereto, in each case, in connection with the operation and promotion of the Sites.

User Submissions Representations and Warranties. You are solely responsible for your own User Submissions and the consequences of posting or publishing them. In connection with User Submissions, you affirm, represent, and warrant that: (1) you own, or have the necessary licenses, rights, consents, and permissions to use and authorize the Company to use all patent, trademark, copyright, or other proprietary rights in and to any and all User Submissions to enable inclusion and use of User Submissions in the Sites in the manner contemplated by these Terms of Service, and to grant the rights and licenses set forth above, and (2) your User Submissions, the Company's or any the Company Licensee's use of such User Submissions pursuant to these Terms of Service, and the Company's or any of the Company Licensee's exercise of the license rights set forth above, do not and will not: (a) infringe, violate, or misappropriate any third party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (b) slander, defame, libel, or invade the right of privacy, publicity or other property rights of any other person; (c) violate any applicable law or regulation; or (d) require obtaining a license from or paying fees or royalties to any third party for the exercise of any rights granted in these Terms of Service.

Additional Grants. You grant the Company Licensees the right to use your name and/or likeness and/or any name and/or likeness that you submit in connection with your User Submissions (including any photo you may submit) if they should choose, without compensation or need for your prior approval, or to exercise any of the rights licensed by you hereunder, in connection with your name, a fictional name or persona, or without any attribution at all. You also agree to irrevocably waive (and cause to be waived) any claims and assertions of moral rights or attribution with respect to any of your User Submissions. You hereby grant the Company Licensees a non-exclusive, perpetual license to print, publish, broadcast and use, worldwide, in any media and at any time, your name, and any picture, voice, likeness, and/or biographical information you submit to the Company for promotional or commercial purposes without any prior approval or additional compensation.

Prohibited Conduct

The Sites may be used only for lawful purposes by individuals authorized to use the Sites and Services. You are responsible for your own communications and transmissions. You are responsible for the consequences of your communications and transmissions. Violations of system or network security may result in civil or criminal liability. We will investigate occurrences and may involve, and cooperate with, law enforcement authorities in prosecuting the user or users who are involved in such violations.

By using the Services you agree not to:

  • use the Services for any purposes other than to access the Service as such Services are offered by the Company;
  • rent, lease, loan, sell, resell, sublicense, distribute or otherwise transfer your credentials to the Sites or the Services, or any of the permissions granted herein or any Content;
  • engage in spamming, harvesting e-mail addresses or other personal information (including User Information), sending unauthorized or unsolicited advertising, promotional materials, “junk mail”, “chain letters”, or any other form of solicitation;
  • post any information which is incomplete, false or not your own;
  • impersonate any person or entity, falsely claim an affiliation with any person or entity, or access the Service accounts of others without permission, forge another persons' digital signature, misrepresent the source, identity, or content of information transmitted via the Service, misrepresent your identity or provide false or incomplete information about yourself, or perform any other similar fraudulent activity;
  • access data not intended for you or logging into a server or account that you are not authorized to access;
  • delete indications or notices regarding the copyright or other proprietary rights on the Service;
  • use the Service for or encourage conduct that would constitute any illegal purpose, or in violation of any local, state, national, or international law, including, without limitation, laws governing intellectual property and other proprietary rights, and data protection and privacy;
  • remove, circumvent, disable, damage or otherwise interfere with security-related features of the Service, features that prevent or restrict use or copying of any content accessible through the Service, or features that enforce limitations on the use of the Service;
  • reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Service or any part thereof, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation;
  • modify, adapt, translate or create derivative works based upon the Service or any part thereof, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation;
  • intentionally interfere with or damage operation of the Service or any user's enjoyment of them, by any means, including uploading or otherwise disseminating viruses, adware, spyware, worms, or other malicious code;
  • take any action that imposes or may impose (in the Company's sole discretion) an unreasonable or disproportionately large load on the Company's infrastructure;
  • interfere or attempt to interfere with the proper workings of the Company's networks, systems, network security, the Service or any activities conducted on the Service; or
  • bypass robot exclusion headers or other measures the Company may use to prevent unauthorized access to the Company Service.

Password Accounts, Passwords, and Security

If you elect to open an on-line account through any of our Sites, we will be able to provide you with access to password protected portions of the websites. In order to open an on-line account, you must complete the registration process by providing us with current, complete and accurate information as prompted by the applicable registration form, and choose a password and user name. You are entirely responsible for maintaining the confidentiality and security of your password and account and for any and all activities that occur under your account. The Company will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by the Company or other third party due to someone else using your account or password. You may not use anyone else's account at any time, without the prior express permission of that account holder.

Third Party Services and Resources

Through links, postings, articles, or other elements of the Sites, you may be informed of or receive access to third party services, products, offers, promotions, features, websites, resources, information and the like (referred to herein as "Third-Party Services"). While we strive to provide information regarding reputable and competent product and service providers, you acknowledge and agree that we are not responsible for the availability, quality, or performance of Third-Party Services, and we do not endorse and are not responsible or liable for any content, advertising, representations, opinions, advice, services, products, or other materials that you may receive through such Third-Party Services. THE COMPANY IS NOT LIABLE FOR THE ACTS, ERRORS, OMISSIONS, REPRESENTATIONS, WARRANTIES, BREACHES OR NEGLIGENCE OF ANY SUCH THIRD PARTY SUPPLIERS OR FROM ANY PERSONAL INJURIES, DEATH, PROPERTY DAMAGE, OR OTHER DAMAGES OR EXPENSES RESULTING THEREFROM.

The Sites may also contain hyperlinks to websites operated by Third-Party Service providers or other parties other than the Company. Such hyperlinks are provided solely for your reference only. We do not control such websites and are not responsible for their contents or the privacy or other practices of such websites. Further, it is up to you to take precautions to ensure that whatever links you select or software you download (whether from the Sites or other websites) is free of such items as viruses, worms, trojan horses, defects and other items of a destructive nature. Our inclusion of hyperlinks to such websites does not imply any endorsement of the material on such websites.

Permission must be granted by us for any type of link to the Sites. To seek our permission, you may write to us at the address below. We reserve the right to deny any request or rescind any permission granted by us to link through such other type of link, and to require termination of any such link to the Sites, at our sole discretion at any time.

Copyright Owners / Digital Millennium Copyright Act

If you are a copyright owner or an agent thereof, and you believe any content submitted to and hosted on the Sites infringes your copyrights, then you may submit a written takedown notice that complies with the Digital Millennium Copyright Act, as amended ("DMCA") to the Company with the following information:

  • a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  • identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on the Sites are covered by a single notification, a representative list of such works on the Sites;
  • identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the Company to locate the material;
  • information reasonably sufficient to permit the Company to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
  • a statement that the complaining party has 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 (for example, "I am under the good faith belief that the use of the copyrighted content that is identified herein is not authorized by the copyright owner, its agent, or the law."); and
  • a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed (for example, "I swear, under penalty of perjury, that the information in this notification is accurate and that I am the copyright owner, or authorized to act on behalf of the copyright owner, of the copyright(s) that is/are allegedly infringed by the aforementioned content.").

Please consult your legal counsel (or see 17 U.S.C. § 512) to confirm these requirements and your compliance therewith. It is the Company's policy to respond to notices of alleged infringement that comply with the DMCA.

Notifications and counter-notifications regarding claimed infringement can be sent to the Company as follows: Attention: Copyright Notices, Via Benefits Insurance Services, 10975 S. Sterling View Drive, Suite Al, South Jordan, UT 84095, or by electronic mail at privacy@viabenefits.com. For clarity, only DMCA notices should go to the Designated Copyright Agent. Any other feedback, comments, requests for technical support or other communications should be directed to the Company customer service through support@viabenefits.com.

Termination

We may terminate your right to use our Sites at any time and without notice or liability to you. We will terminate your right to use our Sites if you violate any of these Terms of Service or any other policy posted on our Sites.

Indemnification

The Company will hold you fully liable in all claims and losses resulting from your use or misuse of the Sites, including, but not limited to any activity related to account information (i.e. user name, password, financial data, health information, etc.). You agree to defend, indemnify and hold the Company, its affiliates and their respective employees, directors, partners, contractors, officers, trustee, and other third parties assisting in the operation of the Sites, harmless from and against all claims, liabilities and expenses (including attorney's fees) that may arise from or relate to your use of the Sites, any account set up in connection with the Sites, User Information, your User Submissions (including without limitation any claims from third parties that your User Submissions violate or infringe the intellectual property, publicity, or privacy rights of such third party), violation of the rights of others and/or breach of this Agreement.

Disclaimer, No Warranties and Limited Liability

THE SITES ARE PROVIDED BY THE COMPANY ON AN "AS IS" AND "AS AVAILABLE" BASIS. THE COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITES OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THE SITES, INCLUDING BUT NOT LIMITED TO, QUOTATIONS PROVIDED BY INSURANCE PROVIDERS, ACCESS TO DATA, DATA PROCESSING, ACCURACY, USEFULNESS OF CONTENT OR LOSS OF INFORMATION. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITES IS AT YOUR SOLE RISK. ANY LINKS TO OTHER WEB SITES ARE PROVIDED SOLELY AS A COURTESY. THEY ARE NOT INTENDED TO NOR DO THEY CONSTITUTE AN ENDORSEMENT BY THE COMPANY OF THE LINKED MATERIALS.

TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, THE COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE COMPANY DOES NOT WARRANT THAT THE SITES, THEIR SERVERS, OR E-MAIL SENT FROM THE COMPANY ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

THE COMPANY WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE SITES, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, EVEN IF THE COMPANY IS MADE AWARE OF THE POSSIBILITY OF SUCH DAMAGES. IN PARTICULAR, WE MAKE NO WARRANTY THAT THE CONTENT OF THE WEBSITE IS ERROR-FREE AND TIMELY WITH ALL UPDATES.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

Applicable Law, Jurisdiction and Limitation on Actions

You agree that the laws of the state of California, excluding its conflicts-of-laws rules, shall govern this Agreement. Please note that your use of the Sites may be subject to other local, state, national, and international laws. You expressly agree that the exclusive jurisdiction for resolving any claim or dispute with the Company or relating in any way to your use of the Sites resides in the state and federal courts of the City and County of San Francisco, California, and you further agree and expressly consent to the exercise of personal jurisdiction in those courts.

Any claim or cause of action you may have with respect to the Company or the Sites must be commenced within one (1) year after the claim or cause of action arose.

Miscellaneous

This Agreement (including these Terms of Service and the Privacy Policy and any other rules and guidelines published on the Sites) is the entire agreement between you and the Company relating to the subject matter herein, and supersedes all previous communications, representations, understandings and agreements, either oral or written, between you and the Company with respect to said subject matter. This Agreement shall not be modified except in a writing signed by both parties or by a change to this Agreement as provided in the section entitled "Modifications", above. In the event any of the provisions of this Agreement are held unenforceable or invalid by a court of competent jurisdiction, such provisions shall be deemed severed from the Agreement and the remaining provisions thereof shall remain in full force and effect. A provision of this Agreement may be waived only by a written instrument executed by the party entitled to the benefit of such provision, and the failure of the Company to enforce, in any one or more instances, any of the provisions herein shall not be construed as a waiver of the future performance of any such terms or conditions. No consent to a breach of any express or implied term of this Agreement or any other notice, directive, or rule otherwise posted through the Sites shall constitute consent to any prior or subsequent breach. You agree that no joint venture, partnership, employment, or agency relationship exists between you and the Company as a result of this Agreement or use of the Sites. You further acknowledge that by submitting User Submissions, no confidential, fiduciary, contractually implied, or other relationship is created between you and the Company other than pursuant to this Agreement. This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by the Company without restriction, including by operation of law, merger, or sale of all or substantially all of the assets to which this agreement pertains. Any assignment attempted to be made in violation of this Agreement shall be void. This Agreement is binding on your and our successors and permitted assigns. The headings and captions in this Agreement are used for convenience only and are not to be considered in interpreting this Agreement. Notices to you may be made via either email or postal mail; notice to the Company must be by email to support@viabenefits.com or postal mail to Customer Service, Via Benefits Insurance Services, 10975 S. Sterling View Drive, Suite Al, South Jordan, UT 84095.

Contact the Company

If you have any questions or comments regarding these Terms of Service or our Privacy Policy, please send an e-mail to Customer Support at support@viabenefits.com

Last updated: March, 2018

Copyright Statements

©2004-2020 Extend Health, LLC All Rights Reserved.

This web site and all of its content are owned and operated by Extend Health, LLC, a Willis Towers Watson company. The insurance services described on this web site are provided by Extend Insurance Services, LLC (“EIS”). EIS is a Utah resident insurance agency. EIS is also licensed as a non-resident insurance agency, or otherwise authorized to transact business as an insurance agency, in all fifty states and the District of Columbia.

Last Updated: July 14, 2020

In this Privacy Policy ("Policy"), we describe how Extend Insurance Services d/b/a Via Benefits, a Delaware limited liability company, and our affiliate subsidiary companies (collectively, "Via Benefits," "we" or "us") collect, use and otherwise process personal information about our customers and users of our websites and services.

If you are using our Account Based plan feature provided by Acclaris, Inc., additional privacy terms will apply. These can be found at: www.viabenefitsaccounts.com/benefits/apphelp/privacypolicy.jsp

Overview of Categories of Personal Information Collected and Purposes of Use

This overview is intended to summarize key information about our information practices, which are further explained below. While the actual information we collect about you and our use of such personal information varies depending upon the nature of our relationship and interactions with you, below we provide an overview of the categories of personal information we collect about Users and the purposes for which we use such information.

Categories of Personal Information Collected (described in greater detail below).

  • Name, Contact Information, and Other Identifiers: identifiers such as a real name, alias, address, unique personal identifier, online identifier, Internet Protocol (IP) address, email address, account name, social security number, driver’s license number, passport number, or other similar identifiers.
  • Customer Records: paper and electronic customer records containing personal information, such as name, signature, physical characteristics or description, address, telephone number, education, current employment, employment history, social security number, passport number, driver’s license or state identification card number, insurance policy number, bank account number, credit card number, debit card number, or any other financial or payment information, medical information, or health insurance information.
  • Protected Classifications: characteristics of protected classifications under California or federal law such as race, color, sex, age, religion, national origin, disability, citizenship status, and genetic information.
  • Commercial Information: including records of products or services purchased, obtained, or considered, or other purchasing or use histories or tendencies.
  • Internet or Other Electronic Network Activity Information: including, but not limited to, browsing history, search history, and information regarding a consumer’s interaction with an Internet website, application, or advertisement.
  • Audio, Video and Other Electronic Data: audio, electronic, visual, thermal, olfactory, or similar information such as, CCTV footage, photographs, and call recordings.
  • Employment History: professional or employment-related information.
  • Education Information: education information that is not publicly available personally identifiable information as defined in the federal Family Educational Rights and Privacy Act (20 U.S.C. section 1232g, 34 C.F.R. Part 99).
  • Profiles and Inferences: Inferences drawn from any of the information identified above to create a profile reflecting a resident’s preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, or aptitudes.

Use of Personal Information

  • Providing our Services and related support
  • Protecting the integrity of the Services
  • Analyzing and improving the Services and our business
  • Personalizing the Services
  • Advertising, marketing and promotional purposes
  • Securing and protecting our business
  • Defending our legal rights
  • Auditing, reporting, corporate governance, and internal operations
  • Complying with legal obligations

California residents

If you are a California resident, please be sure to review the section "Additional Information for California Residents" below for important information, as required by California privacy laws, about the categories of personal information we collect and disclose and your rights under California privacy laws.

Scope

This Privacy Policy applies to the personal information that Via Benefits collects and processes about individuals related to our services, including users of any websites (each a "Site") that we operate and which include this Privacy Policy (collectively, the "Services"). This Privacy Policy does not apply to any third party websites, services, products or mobile applications maintained by other companies, which are linked to or from our Services. In addition, this Privacy Policy does not apply to any personal information that we collect and process that is subject to the Health Insurance Portability and Accountability Act ("HIPAA") and associated regulations.

The Services include providing you with information about insurance options, assisting with the selection of and enrollment in an insurance plan, providing you with an opportunity to interact with other users, and other products and services that may be available to you.

By providing your information to us through or in connection with the Services, or otherwise using any of our Sites or Services, you understand and acknowledge that Via Benefits may process your personal information in accordance with this Privacy Policy. If you do not want this Privacy Policy to apply to you, please do not use the Services or communicate with us via the Services. If required by applicable law, we will obtain your consent to our collection, use, transfer and disclosure of your personal information.

Personal Information Collected

The information we collect about individuals varies depending upon the circumstances and the Services. Via Benefits collects personal information directly from individuals, automatically related to the use of the Services, and from third parties (such as current or former employers that provide us with information about individuals who may be interested in our Services).

Information Collected Directly

We collect information that you provide to us when you inquire about or use our Services. For example, you may be required to provide us with certain information, including, without limitation, some or all of the following information:

  • Name
  • Address
  • E-mail address
  • Daytime telephone number
  • Evening telephone number
  • Cellular telephone number
  • Social security number, Health insurance claim number, and/or Tax identification number
  • Certain other personal or company information reasonably required by us

In addition, if you decide to use our Services to apply for or receive a health, life or other qualified insurance policy (each a "Policy") offered by our third party insurers with whom we work (each a "Third Party Insurer"), we may collect additional information as necessary to submit your application to such Third Party Insurer for processing. In this regard, we may collect from you the following information:

  • Your health care providers and any medications that you take
  • Credit card or bank account information

Information Received from Third Parties

We may receive information about you from your current or former employer or labor union, which may include your social security number, Health Insurance Claim Number, and/or Tax identification Number. Otherwise we may work with third parties who provide us with the name, contact details and other relevant information about potential customers, who may be interested in the Services, as well as third parties that assist us in updating or enhancing the information—such as contact information—that we have collected about individuals. The personal information we collect from third parties may be combined with the other information we have collected about individuals or demographic information obtained from secondary sources, such as address update services. In addition, when we help an individual identify, apply for or obtain a Policy from a Third Party Insurer, we may receive limited information back from Third Party Insurer when your Policy is issued (such as the date, term, premium amount, payment terms, etc.).

In addition, when engaging or using our Services, we collect information about you from your health care providers, such as hospitals, doctors, and laboratories. We may also collect information about your health condition from your health plan.

Social media sign-on: if you choose to log in to our community forum board through a social media service (e.g., Facebook, Twitter, Instagram, etc.), we collect your permission to access certain information from your profile with that social media service. If you post in or engage the community forum board through such a social media service, we may collect personal information about you related to those interactions.

Information Collected Automatically

Our Sites use cookies, pixels, tags, log-files, and other technologies, which may be provided by third parties, to collect information about a user’ from their browser or device, including, without limitation, your browser type, platform-dependent information, requested document, referrer URL, date and time of your visit, clickstream data (e.g., about the pages you view, links you click and date and time stamps for your activities on our Sites) and the IP address associated with your transactions in the system. This information that we collect automatically may be linked with other personal information we have collected. For more information, see the "Cookies, Analytics, and Personalization" section below.

Use of Personal Information

We may use the personal information that we collect about you for the following purposes:

  • Providing our Services and related support: including to help fulfill your requests for products and services; to communicate with you about you use of our Services; to respond to your inquiries; to facilitate your application for one or more Policies; to provide troubleshooting and other technical support; and for other customer service and support purposes.
  • Protecting the integrity of the Services: including to verify your identity; to detect and prevent fraud and unauthorized activities; to facilitate software; to preserve the integrity of the Services and our systems, and prevent unauthorized access and activities; to enforce our applicable terms; and to protect the rights and safety of others
  • Analyzing and improving the Services and our business: including to better understand how users access and use our Services; to evaluate and improve the Services and our business operations; to develop new features, offerings and services; to conduct surveys and other evaluations; and for other research and analytical purposes.
  • Personalizing the Services: including to tailor content we send or display on our Sites and Services (e.g., for your geographic area); to offer personalized help and instructions; and to otherwise personalize your experiences with the Services.
  • Advertising, marketing and promotional purposes: including to send or display targeted marketing; to reach you with more relevant ads and to evaluate, measure and improve the effectiveness of our ad campaigns; to contact you about our Services, and those of our affiliates, as well as other information we think may interest you; and to share your information with third parties so that they may contact you with information about products and services you may be interested in. Where required by applicable law, we will obtain your consent to use your personal information for marketing and related purposes. We do not use personal information from your application(s) with any Third Party Insurer for marketing or advertising purposes.
  • Securing and protecting our business: including to protect and secure our business operations, assets, Services, network and information and technology resources; to investigate, prevent, detect and take action regarding fraud, unauthorized access, situations involving potential threats to the rights or safety of any person or third party, or other unauthorized activities or misconduct.
  • Defending our legal rights: including to manage and respond to actual and potential legal disputes and claims, and to otherwise establish, defend or protect our rights or interests, including in the context of anticipated or actual litigation with Users or third parties.
  • Auditing, reporting, corporate governance, and internal operations: including relating to financial, tax and accounting audits; audits and assessments of our operations, privacy, security and financial controls, risk, and compliance with legal obligations; our general business, accounting, record keeping and legal functions; to maintain appropriate business records; to enforce company policies and procedures; and related to any actual or contemplated merger, acquisition, asset sale or transfer, financing, bankruptcy or restructuring of all or part of our business.
  • Complying with legal obligations: including to comply with the law, our legal obligations and legal process, such warrants, subpoenas, court orders, and regulatory or law enforcement requests.

Disclosure of Personal Information

We may share or disclose the personal information we collect as follows:

  • Insurance companies and authorized plan administrators: If you submit an application for a Policy, we will disclose your personal information to your chosen insurance company to process your application. If you enroll in a health subsidy account (such as a Health Reimbursement Arrangement) or other similar account offered through an authorized plan administrator with whom we have associated, we may disclose your personal information that trustee or administrator to complete your enrollment in the account.
  • Service Providers: We may disclose personal information with third-party service providers who use this information to perform services for us, such as hosting providers, auditors, advisors, consultants and customer service and support providers.
  • Third parties: We may share personal information with third parties that provide advertising, campaign measurement, online and mobile analytics, and related services. These third parties may receive or access as browsing and other data about your use of the Services, in order to help us better reach individuals with relevant ads and measure our ad campaigns, or to better understand how individuals interact with our Site and online services overtime and across devices. We do not share personal information from your application with a Third Party Insurer with third parties for marketing or advertising purposes.
  • User generated content: If you post or communicate information through certain features of our Site or services, such information may be publicly available to other users. For example, if you submit a comment to a blog post, your comment may be published on the Site and elsewhere (as provided in our Terms of Service).
  • Business transfers: We may disclose or transfer personal information as part of any actual or contemplated merger, sale, and transfer of our assets, acquisition, financing or restructuring of all or part of our business, bankruptcy or similar event, including related to due diligence conducted prior to such event where permitted by law.
  • Legally required: We may disclose personal information if we are required to do so by law (e.g., to law enforcement, courts or others, e.g., in response to a subpoena or court order).
  • Protect our rights: We may disclose personal information where we believe it necessary to respond to claims asserted against us or, comply with legal process (e.g., subpoenas or warrants), enforce or administer our agreements and terms, for fraud prevention, risk assessment, investigation and protect the rights, property or safety of Extend Health, our clients and customers or others.

Anonymized and Aggregated Data. We may share aggregate or de-identified information with third parties for research, marketing, advertising, analytics and other purposes.

Cookies, Analytics and Personalization

We use cookies, pixels, tags, and other technologies, which may be provided by third parties, on our Sites to enable certain functionality and for security and fraud detection and prevention, as well as to collect usage information about our Sites and the emails that we send and to personalize content and provide more relevant ads and information. We may combine the information we collect via these technologies with other information, including personal information, that we collect.

Cookies: Cookies are alphanumeric identifiers that are transferred to your computer through your web browser for record-keeping purposes. Some cookies enable you to log-in to our Sites or save certain settings and preferences, while others, allow us to track usage and activities on our Sites, personalize content on our Sites, or deliver more relevant ads on our Sites and third party sites. Most web browsers automatically accept cookies, but if you prefer, you can edit your browser options to block them in the future. The “Help” tab on the toolbar on most browsers will tell you how to prevent your computer from accepting new cookies, how to have the browser notify you when you receive a new cookie, or how to disable cookies altogether. If you disable cookies, however, certain features on our Sites may not be available or function properly.

Pixel tags and embedded script (aka clear GIFs and web beacons): Pixel tags are tiny graphics with a unique identifier, similar in function to cookies. In contrast to cookies, which are stored on your computer’s hard drive, pixel tags are embedded invisibly on web pages. We may use these, in connection with our Sites to, among other things, track the activities users of our Services, improve ads, personalize and manage content, and gather usage information about our Sites. We may also use these in HTML emails to, to help us track email response rates, identify when our emails are viewed, and track whether our emails are forwarded.

Do-Not-Track signals: Please note that our Websites do not recognize or respond to any signal which your browser might transmit through the so-called 'Do Not Track' feature your browser might have. If you wish to disable cookies on our Services, you should not rely on any 'Do Not Track' feature your browser might have. For more information about do-not-track signals, please click here.

Interest-based Advertising: We work with third party ad networks, channel partners, measurement services and others ("third party ad companies") to display advertising on our Services, and to manage our advertising on third party sites, mobile apps and online services. We and these third party ad companies may use cookies, pixels tags, and other tools to collect activity information on our Services (as well as on third party sites and services), as well as IP address, device ID, cookie and advertising IDs, and other identifiers, general location information, and, with your consent, your device’s geolocation information; we and these third party ad companies use this information to provide you more relevant ads and content and to evaluate the success of such ads and content.

You may control how participating third party ad companies use the information that they collect about your visits to our Sites, and those of third parties, in order to display more relevant targeted advertising to you; for more information and to opt-out of go to:

Opting out of participating ad networks does not opt you out of being served advertising. You may continue to receive generic or “contextual” ads on our Services. You may also continue to receive targeted ads on other websites, from companies that do not participate in the above programs.

Your Choices

If you need to update your contact details or other personal information provided to us, please contact us as set forth in the "Contact Us" section below. California residents have certain rights, under California privacy laws, regarding their personal information, which are set forth below, in the "Additional Information for California Residents" section below.

Opt Out/Unsubscribe: To stop receiving future e-mail marketing communications from us, please send an e-mail to support@viabenefits.com or write to us at the following address requesting that we stop sending future e-mail marketing communications from us.

Sales Support
Via Benefits Insurance Services
10975 S. Sterling View Drive, Suite A1
South Jordan, UT 84095

To unsubscribe from the applicable insurer’s communications, you must contact such insurer directly. To opt-out of certain targeted advertising, follow the instructions set forth in the "Cookies, Analytics, and Personaliazation" section above.

Third Party Links and Websites

Our Sites may contain links to other third-party owned and/or operated websites. We are not responsible for the privacy practices or the content of such third-party websites. In some cases, you may be able to make a purchase through one of their third-party websites. In these instances, you may be required to provide certain information, such as a credit card number, to register or complete a transaction at such website. These third-party websites have separate privacy and data collection practices and we have no responsibility or liability relating to such policies or practices.

Security

We have taken certain physical, electronic, contractual and managerial steps to safeguard and secure the personal information we collect. Please note, however, that it is your responsibility to maintain the confidentiality of your password associated with this Site, if any. In addition to using a variety of security technologies and procedures to protect your personal information generally, to the extent your Social Security Number ("SSN") is collected, we also take measures to maintain its confidentiality, to protect it from unlawful disclosure and limit access to it by unauthorized third parties. Specifically, we will not make your SSN available to the general public, print your SSN on any card, require your SSN to access products or services, require you to transmit your SSN on the Internet unless the connection is secure or the SSN is encrypted, or require you to transmit your SSN to access a website without requiring additional authentication.

Minors

Our Services are not designed for individuals under 18, and we do not knowingly solicit or collect information from individuals under the age of 18. We encourage parents and guardians to spend time online with their children and to participate and monitor the interactive activities of their children. We will not be liable for any content or advertisements viewed by minor children in violation of the terms of this Privacy Policy.

Changes to this Privacy Policy

We may amend this Privacy Policy from time to time. When we do, we will post the change on this Website. If we change the Privacy Policy in any material way, we will provide appropriate online notice to you.

Contact Us

If you have any questions or suggestions regarding this Privacy Policy, you should feel free to contact us at privacy@extendhealth.com or at

Privacy Policy
Via Benefits Insurance Services
10975 S. Sterling View Drive, Suite A1
South Jordan, UT 84095

IMPORTANT ADDITIONAL PRIVACY INFORMATION FOR CALIFORNIA RESIDENTS

In this section, we provide information for California residents, as required under California privacy laws, including the California Consumer Privacy Act ("CCPA"), which requires that we provide California residents certain specific information about how handle their personal information, whether collected online or offline.

This section does not address or apply to our handling of personal information that is subject to an exemption under Section 1798.145(c) – (f) of the CCPA, such as protected health information that is subject to HIPAA or the California Medical Information Act, or publicly available data lawfully made available by federal, state or local government records. This section also does not apply to personal information we collect about job applicants, independent contractors, or current or former full-time, part-time and temporary employees and staff, officers, directors or owners of Via Benefits.

Categories of Personal Information that We Collect and Disclose
The list below sets out generally the categories of personal information (as defined by the CCPA) about California residents that we collect and disclose to others for a business purpose. We do not sell personal information about California residents. We collect these categories of personal information from the sources described in the "Use of Personal Information" section above. Our collection, use and disclosure of personal information about a California resident will vary depending upon the circumstances and nature of our interactions or relationship with such resident.

Categories of personal information that we collect and disclose for a business purpose

  • Name, contact information and other identifiers: identifiers such as a real name, alias, address, unique personal identifier, online identifier, Internet Protocol (IP) address, email address, account name, social security number, driver’s license number, passport number, or other similar identifiers.
  • Customer records: paper and electronic customer records containing personal information, such as name, signature, physical characteristics or description, address, telephone number, education, current employment, employment history, social security number, passport number, driver’s license or state identification card number, insurance policy number, bank account number, credit card number, debit card number, or any other financial or payment information, medical information, or health insurance information.
  • Protected classifications characteristics of protected classifications under California or federal law such as race, color, sex, age, religion, national origin, disability, citizenship status, and genetic information.
  • Commercial information including records of products or services purchased, obtained, or considered, or other purchasing or use histories or tendencies.
  • Internet or Other Electronic Network Activity Information: including records of products or services purchased, obtained, or considered, or other purchasing or use histories or tendencies.
  • Audio, Video and other Electronic Data: audio, electronic, visual, thermal, olfactory, or similar information such as, CCTV footage, photographs, and call recordings.
  • Employment history: professional or employment-related information.
  • Education information: education information that is not publicly available personally identifiable information as defined in the federal Family Educational Rights and Privacy Act (20 U.S.C. section 1232g, 34 C.F.R. Part 99).
  • Profiles and Inferences: Inferences drawn from any of the information identified above to create a profile reflecting a resident’s preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, or aptitudes.

California Resident Rights
California law grants California residents certain rights and imposes restrictions on particular business practices as set forth below.

Notice at Collection: At or before the point of collection, notice must be provided to California residents of the categories of personal information collected and the purposes for which such information is used.

Verifiable Requests to Delete and Requests to Know: Subject to certain exceptions, California residents have the right to make the following requests, at no charge:

Request to Delete: California residents have the right to request deletion of their personal information that we have collected about them and to have such personal information deleted, except where an exemption applies.

Request to Know: California residents have the right to request and, subject to certain exemptions, receive a copy of the specific pieces of personal information that we have collected about them in the prior 12 months and to have this delivered, free of charge, either (a) by mail or (b) electronically in a portable and, to the extent technically feasible, readily useable format that allows the individual to transmit this information to another entity without hindrance. California residents also have the right to request that we provide them certain information about how we have handled their personal information in the prior 12 months, including the:

  • categories of personal information collected;
  • categories of sources of personal information;
  • business and/or commercial purposes for collecting their personal information;
  • categories of third parties/with whom we have disclosed or shared their personal information;
  • categories of personal information that we have disclosed or shared with a third party for a business purpose;
  • categories of personal information collected; and
  • categories of third parties to whom the residents’ personal information has been sold and the specific categories of personal information sold to each category of third party.

California residents may make Requests to Know up to twice every 12 months.

Submitting requests. Requests to Know, and Requests to Delete may be submitted:

We will respond to verifiable requests received from California residents as required by law.

Right to Non-Discrimination: The CCPA prohibits discrimination against California residents for exercising their rights under the CCPA. Discrimination may exist where a business denies or provides a different level or quality of goods or services, or charges (or suggests that it will charge) different prices, rates, or penalties on residents who exercise their CCPA rights, unless doing so is reasonably related to the value provided to the business by the residents’ data.

Your California Privacy Rights Under the Shine the Light Law
California law allows individuals that reside in California to know the third parties with whom we shared their personal information for those parties’ own marketing purposes. The type of information and instances in which we share such information is detailed in this Privacy Policy. However, if you are a resident of California and you would like to know the specific companies with whom we shared your personal information and the categories of the information we shared, you should please feel free to call us at 1-800-275-9849 (toll free). Alternatively, you may send us a written request by Clicking Here