Terms and Conditions

PLEASE READ THE FOLLOWING CAREFULLY BEFORE USING THE BENEFITMALL WEBSITE (the "Site") and/or SERVICES. By accessing and using this Site and/or BenefitMall Services, you agree to these Terms and Conditions of use and you agree to abide by all applicable laws. If you do not agree to these terms, you may not use this Site and/or BenefitMall Services. 

BenefitMall® User Agreement

Table of Contents
General
Quotes, Content and Comments
Rules of Conduct
No Endorsement
Indemnity
Termination of Service
Disclaimer of Warranties; Limitation of Liability
Proprietary Rights
Notices
No Resale of Service
HIPAA Privacy & Security
Miscellaneous

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1.  General

1.1  This BenefitMall® User Agreement, together with any additional terms and conditions provided to you by BenefitMall, is referred to as the "Agreement."  The Agreement governs your use of this Site, www.benefitmall.com, and the information and quoting service (together, the "Service"), which is operated by BenefitMall, a d/b/a of Centerstone Insurance and Finance Services, Inc. ("BenefitMall").  Additional terms and conditions of use applicable to specific areas of the Service may also be posted in such areas and, together with this Agreement, govern your use of those areas.

1.2  BenefitMall reserves the right, in its discretion, to modify or amend all or any part of this Agreement at any time, effective immediately, without notice to you.  Your continued use of the Service constitutes your binding acceptance of these terms and conditions, including any changes or modifications that may be made from time to time.  You are responsible for regularly reviewing these terms and conditions to make sure they are acceptable to you.  If at any time the terms and conditions of this Agreement are no longer acceptable to you, you should immediately cease all use of the Service and notify BenefitMall.

1.3  When using a particular BenefitMall or affiliate service offered through the Service, you shall be subject to any posted guidelines or rules applicable to such services, which may be modified or amended from time to time.  All such guidelines or rules are made part of this Agreement.

2.  Quotes, Content and Comments

2.1  Through the Service, BenefitMall provides insurance quotes from independent third parties and their agents ("Quotes") and Content (defined below) for its registered brokers.  If you are a registered broker with BenefitMall, you are permitted to use the Quotes and Content for providing insurance-related information to customers and potential customers, provided that you abide by the terms of this Agreement and credit BenefitMall as the assigned General Agency on all sold cases associated with BenefitMall services to ensure the agreed Carrier compensation to BenefitMall for use of such Quotes and/or Content.  Otherwise, you are not allowed to use the Quotes/Content for any purpose.  A registered broker with BenefitMall is defined as a broker that has requested use of the BenefitMall Services through our website or a BenefitMall Representative, provided state license and necessary appointments that are verified by BenefitMall, and have accepted the terms and conditions of this Agreement.

2.2  You acknowledge and agree that Quotes and portions of the Content provided through the Service are supplied by independent third parties or their agents and that BenefitMall does not verify and is not responsible for the reliability or accuracy of such information, including without limitation commission rates that may be payable by third parties.  You acknowledge/agree that Quotes and commission information are subject to change without notice, that Content from third parties and their agents furnished through the Service is subject to the terms and conditions of such third parties and their agents and that BenefitMall shall not be liable for any damages or losses caused by the use or reliance upon Quotes or other third party information. 

2.3  You acknowledge and agree that access to BenefitMall's Service may be unavailable from time to time through no fault of BenefitMall, including without limitation downtime due to regular maintenance performed by BenefitMall or its service providers, and that BenefitMall shall not be liable for any damages or losses caused by such unavailability.

2.4  You acknowledge and agree that information, including without limitation software, photographs, audio and video clips, text graphics, links, Quotes and other materials available, accessed or distributed on, through or in connection with the Service (including all software, HTML code, Java applets, and other code) (collectively, the "Content") is owned by BenefitMall or third parties.  Accordingly, when using Content as permitted in this Agreement, you agree to comply with the terms of all notices, including but not limited to trademark and copyright notices, information and restrictions contained in, or accompanying, any Content. Your use of Content must comply with our Privacy Policy and all applicable laws, rules and regulations governing privacy and/or data protection. Your use of Content must also comply with the privacy policies of third party providers who contribute to Content. Use of Content in violation of this Section 2.4 will give BenefitMall the right to immediately terminate or suspend your access to the Services and Content.  

2.5  Except for census information submitted by you for the purpose of obtaining rate and plan information and except for personally identifiable information collected under the guidelines established on our Privacy Policy, you agree that all submissions, written or otherwise, made by you or on your behalf, whether offered or disclosed to BenefitMall on or through this Service or otherwise (collectively, "Comments") will be considered non-confidential and non-proprietary.  BenefitMall will have no obligations with respect to the Comments.  BenefitMall and its designees will be free to copy, disclose, distribute, incorporate and otherwise use or destroy the Comments and all data, images, sounds, text and other things embodied in the Comments for any and all commercial or noncommercial purposes.  BenefitMall is and shall be under no obligation to respond to any of your or any other user's Comments. 

2.6  You represent and warrant that information submitted by you to BenefitMall does not and will not violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary right(s).  You further agree that submitted information does not and will not contain libelous or otherwise unlawful, abusive, obscene or pornographic material.  You are and shall remain solely responsible for the content of any information you submit.

2.7  You agree that BenefitMall may use and/or disclose information about your demographics and use of our Service in any manner that does not reveal your identity.  By participating in sweepstakes, contests or promotions offered on the Service, and/or requesting promotional information or product updates, you agree that BenefitMall may use your information for marketing and promotional purposes.  Please refer to our Privacy Policy at for further information on how we use your information.

2.8  You agree that BenefitMall may send electronic mail to you for the purpose of advising you of any of BenefitMall's products or services, or for such other purpose(s) as BenefitMall deems appropriate.  You agree that it is your sole responsibility to scan any documents attached to our electronic mail for computer viruses, and you agree to hold BenefitMall harmless for any computer viruses you may receive from electronic mail sent from BenefitMall.

2.9  If you submit to the Site or attempt to access at the Site any information regarding commissions earned through BenefitMall, policy applications or other documents submitted to the Site or other similar documents or information ("Broker Information"), you acknowledge and agree that Broker Information may or may not be available when requested, that Broker Information that is made available is provided to you as a convenience, that Broker Information may be inaccurate, incomplete or both, that you are responsible for and advised to independently verify all such Broker Information and that BenefitMall makes no representation or warranty, express or implied, that any Broker Information will be available at the Site or, if available, will be accurate and complete.

3.  Rules of Conduct

3.1  Unless otherwise approved in writing by BenefitMall, you may not post on your website any link to www.benefitmall.com or to the Service.

3.2  You shall not use the Service for any purpose other than as provided in this Agreement, including without limitation advertising or solicitation of funds or goods and services or to solicit users to join competitive online services.

4.  No Endorsement

4.1  BenefitMall does not represent or endorse the accuracy or reliability of any Content posted on or distributed through the Service, including, without limitation, the Quotes, and you acknowledge that any reliance upon such Content shall be at your sole risk. 

4.2  The Service may contain links to sites on the Internet, which are owned and operated by third parties (the "External Sites").  You acknowledge that BenefitMall is not responsible for the availability of nor does it endorse, the content located on or through, any External Site.  To the extent that the Service contains links to outside services and resources, the availability and content of which BenefitMall does not control, any concerns regarding any such service or resource, or any link thereto, should be directed to the particular outside service or resource.  You should contact the site administrator or webmaster for those External Sites if you have any concerns regarding such links or the content located on such External Sites.  Your linking to other sites from the Service is at your own risk, and you agree to hold BenefitMall harmless for any damages that may occur from linking to another site from the Service. 

5.  Indemnity

You agree to indemnify, defend, and hold BenefitMall and its affiliates, and their respective officers, directors, owners, agents, information providers and licensors (collectively, the " BenefitMall Parties") harmless from and against any and all claims, liability, losses, costs, and expenses (including attorneys' fees) incurred by any BenefitMall Party in connection with your use or alleged use or the Service, or any use or alleged use of the Service under your password by any person, whether or not authorized by you.  BenefitMall reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with BenefitMall's defense of such claim.

6.  Termination of Service

BenefitMall reserves the right, in its sole discretion, to restrict, suspend, or terminate your access to all or any part of the Service, at any time for any reason without prior notice or liability.  BenefitMall may change, suspend or discontinue all or any aspects of the Service at any time, including the availability of any feature, database or Content, without prior notice or liability.

7.  DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

7.1  NEITHER BENEFITMALL NOR ANY PROVIDER OF THIRD-PARTY CONTENT OR THEIR RESPECTIVE AGENTS WARRANTS THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE; NOR DOES BENEFITMALL, ANY THIRD-PARTY CONTENT PROVIDER, OR THEIR RESPECTIVE AGENTS MAKE ANY WARRANTY AS TO THE RELIABILITY OF OR RESULTS TO BE OBTAINED FROM USE OF THE SERVICE OR THE CONTENT.  THE SERVICE AND THE CONTENT ARE DISTRIBUTED ON AN "AS IS, AS AVAILABLE" BASIS. 

7.2  NONE OF BENEFITMALL, THIRD-PARTY CONTENT PROVIDERS, AND THEIR RESPECTIVE AGENTS MAKES ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE, NONINFRINGEMENT, WARRANTIES OF ACCURACY OR COMPLETENESS, OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE SERVICE, ANY CONTENT OR ANY PRODUCTS OR SERVICES DISTRIBUTED THROUGH THE SERVICE.  NEITHER BENEFITMALL NOR ANY THIRD-PARTY CONTENT PROVIDER WARRANTS THAT ANY SOFTWARE OR OTHER FILES MADE AVAILABLE FOR DOWNLOADING OR OTHERWISE DISTRIBUTED THROUGH THE SERVICE WILL BE FREE OF VIRUSES OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES. 

7.3  YOU EXPRESSLY AGREE THAT THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SERVICE AND THE ACCURACY OR COMPLETENESS OF THE CONTENT IS ASSUMED SOLELY BY YOU.

7.4  NEITHER BENEFITMALL, ANY THIRD-PARTY CONTENT PROVIDER, NOR THEIR RESPECTIVE AGENTS SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICE OR THE CONTENT, WHETHER DUE TO INTERRUPTION OF THE SERVICES OR OTHERWISE, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

7.5  SOME STATES DO NOT ALLOW EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.  IN SUCH STATES, THE LIABILITY OF BENEFITMALL, THIRD-PARTY CONTENT PROVIDERS AND THEIR RESPECTIVE AGENTS SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

8.  Proprietary Rights

8.1  You acknowledge and agree that the Service and Content, including without limitation any software provided by BenefitMall for your use in connection with the Service ("Software") and content contained in sponsor advertisements or information presented to you through the Service or advertisers, contain proprietary and confidential information that is protected by applicable intellectual property and other laws.  Except as expressly authorized by BenefitMall or advertisers in writing, you agree not to copy, modify, publish, transmit, transfer, display, rent, lease, loan, sell, distribute or create derivative works based on the Service, the Content or the Software, in whole or in part.

8.2  BenefitMall grants you a personal, nontransferable and nonexclusive right and license to use the object code of its Software on a single computer; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software.  You agree not to modify the Software in any manner or form, except as expressly provided between you and BenefitMall in writing, or to use modified versions of the Software, including without limitation for the purpose of obtaining unauthorized access to the Service.  You agree not to access the Service by any means other than through the interface that is provided by BenefitMall for use in accessing the Service.

9.  Notices

Notices to enefitMall shall be made in writing and sent to: BenefitMall Marketing, 4851 LBJ Freeway, Suite 100, Dallas, TX 75244 or marketing@benefitmall.com..  BenefitMall may provide notices to you through the Service, by email, first class mail or overnight delivery.  You are responsible for regularly reviewing this Site to make sure these terms and conditions are acceptable to you.

10.  No Resale of Service

You agree not to reproduce, duplicate, copy, sell, resell, transfer, rent or exploit for any purpose the use of or access to the Service or any portion of the Service.

11.  HIPAA Privacy & Security

11.1  Capitalized terms used, but not otherwise defined in this Section 11, shall have the same meanings as those terms in the Standards for the Privacy of Individually Identifiable Health Information and the Security Standards for the Protection of Electronic Protected Health Information, promulgated pursuant to the Health Insurance Portability and Accountability Act of 1996 ("HIPAA"), codified at 45 C.F.R.  Parts 160 and 164.  "Protected Health Information" or "PHI," as used in this Agreement, means (subject to definition provided at 45 C.F.R. 160.103) individually identifiable health information that you receive from BenefitMall or that you create or receive on behalf of BenefitMall in connection with this Agreement.

11.2  This Section 11 is intended to comply with the requirements of the Business Associate agreements BenefitMall has entered into with insurers subject to HIPAA, and is to be constructed to achieve compliance with those requirements.  BenefitMall is contractually prohibited from sharing PHI with you without your agreement to comply with the terms of this Section 11.

11.3  You may use or disclose PHI only for the purposes of fulfilling your obligations under brokerage agreements with BenefitMall's affiliated carriers.  Notwithstanding the foregoing, you may not use or further disclose PHI in a manner that would violate the requirements of the HIPAA Privacy Rule.  You may use and disclose PHI for your proper management and administration or to carry out your legal responsibilities consistent with the provisions of 45 C.F.R 164.504(e) (4) (i) and (ii).  You may only disclose PHI for such purposes if: (a) the disclosure is required by law; or (b) you obtain reasonable assurances from the person to whom the information is disclosed that it will remain confidential and be used or further disclosed only as required by law or for the purpose for which it was disclosed to the person, and the person notifies you of any instances of which it is aware in which the confidentiality of the information was breached.

11.4  You will not use or further disclose PHI other than as permitted or required by this Agreement or as required by law.

11.5  You will ensure that any agent of yours, including a subcontractor of yours, to whom you provide PHI received from or created or received by you on behalf of BenefitMall, agrees to the same restrictions and conditions that apply to you with respect to such information.

11.6  In accordance with 45 C.F.R.  164.520, and to the extent that such a limitation may affect your use or disclosure of PHI, BenefitMall will notify you of any limitation(s) and changes in, or revocation of, permission by an individual to use or disclose PHI.

11.7  You will use appropriate safeguards to prevent the use or disclosure of PHI other than as provided for by this Agreement.  You will implement administrative, physical and technical safeguards that reasonably and appropriately protect the confidentiality, integrity and availability of the electronic PHI that you create, receive, maintain or transmit on behalf of BenefitMall as required by the HIPAA Security Standard, as amended from time to time.  You will report to BenefitMall any security incident of which you become aware.

11.8  You agree to mitigate, to the extent practicable, any harmful effect that is known to you of a use or disclosure of PHI by you in violation of the requirements of this Section 11.

11.9  You will report to BenefitMall any use or disclosure of PHI not provided for by this Section 11 of which it becomes aware.

11.10  You will make PHI and information related to disclosures of PHI by you available to BenefitMall in the time, manner and place designated by BenefitMall, to the extent required to provide an accounting of disclosures in accordance with 45 C.F.R. 164.528.  You agree to document such disclosures of PHI and information related to such disclosures as would be required for an entity subject to HIPAA to respond to a request by an individual for an accounting of disclosures of PHI in accordance with C.F.R. 164.528.

11.11  If you receive a request, made on behalf of the Secretary of the Department of Health and Human Services, that you make your internal practices, books and records relating to the use and disclosures of PHI available to the Secretary of the Department of Health and Human Services for the purposes of determining a covered entity's compliance with the HIPAA Privacy Rule, then you will promptly comply with the request.

11.12  Upon termination of this Agreement for any reason, if feasible, you will destroy or return PHI received from BenefitMall or created or received by you on behalf of BenefitMall that you still maintain in any form and retain no copies of such information.  If such destruction or return is not feasible, you will extend the protections of this Section 11 to the information retained and limit further use and disclosure to those purposes that make the destruction of the information infeasible.

11.13  The term of this Section 11 shall terminate when all of the PHI provided by BenefitMall to you, or created or received by you on behalf of BenefitMall, is destroyed.

12.  Miscellaneous

12.1  This Agreement shall be construed in accordance with the laws of the State of Texas, without regard to the principles of conflict of laws.  You irrevocably consent to bring any action to enforce or relating to this Agreement in the federal or state courts located in the County of Dallas, Texas.  You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or this Agreement must be filed within one year after such claim or cause of action arose or be forever barred.

12.2  This Agreement constitutes the entire agreement between you and BenefitMall with respect to the subject matter hereof, and supersedes all previous written or oral agreements between the parties with respect to such subject matter.

12.3  In the event that any provision of this Agreement is held by a court of competent jurisdiction to be invalid or unenforceable, the remainder of the provisions in this Agreement will remain in full force and effect unless the invalid provision constitutes the essence of this Agreement.

12.4  If any inconsistency exists between the terms of this Agreement and any additional terms and conditions in any other agreement between you and BenefitMall, such terms shall be interpreted as to eliminate any inconsistency, if possible, and otherwise, this Agreement shall have control over the terms and conditions in other agreements. 

12.5  Sections 2, 3, 4, 5, 7, 8 and 11 shall survive any termination of this Agreement as well as any other provisions, which by their terms or meaning are intended to survive.

12.6  The section titles in this Agreement are for convenience only and have no legal or contractual effect.

12.7  You may not assign this Agreement, by operation of law or otherwise, and any assignment shall be considered null and void.

12.8  This Agreement is intended for the sole benefit of BenefitMall and you and does not create any third party beneficiary rights.

12.9  BenefitMall reserves the right to update this Agreement at any time and from time-to-time, effectie upon posting of an updated version to the BenefitMall website available at www.benefitmall.com. You are responsible for regularly reviewing this Agreement. You should closely monitor the revision date on this Agreement and any changes of its posted date shall be deemed notice to you that the Agreement has been changed or amended. Continued use of the Service after any such changes shall constitute your consent to such changes.  The parties also  agree to take such action as is necessary to amend this Agreement from time to time as is necessary to comply with applicable laws, including without limitation HIPAA requirements.

Please report any violations of this Agreement to our support group at marketing@benefitmall.com. . Your use of the Services will be deemed acceptance of the above Terms and Conditions.