Life/Disability Administrative Consultants, Inc. (“LiDAC") allows authorized users (“you” and "your" interchangeably) of this Web Site (the “Site”) to access the Site, subject to these Terms and Conditions, and subject to the terms and conditions of contractual agreements, if any, in place between you and LiDAC. The Terms and Conditions expressly include, but are not limited to, the exclusion of warranties and limitations of liability below. By completing the user registration process and clicking the "I Agree" button, you are agreeing to be bound by all of the terms and conditions herein. If you do not agree, or if you are not of legal age or capable of entering into a binding agreement, you should exit the Site and not use it further.
1. What We Do
The Site is designed to provide a comprehensive system and consulting for companies, insurance brokers, carriers and general agents to more effectively manage their group benefit programs. The Site’s features include a database listing of products, services, forms, a benefits intranet and other general information and features that may be added from time to time. The Site also provides employers access to information related to employee benefits. It is the goal of LiDAC to provide useful and timely information, but LiDAC cannot guarantee the accuracy, completeness or timeliness of any content. All content included on or generated by the Site, including but not limited to premium rates, quotations, proposals and benefits, is for informational purposes only and is intended to relate to insurance carriers licensed to provide insurance in the United States. No such information is valid or binding without confirmation and approval of a licensed insurance carrier. LiDAC does not sell or warrant any insurance or employee benefits products or services for which information is available on the Site. The purchase of any such products or services shall be made directly between independent buyers and licensed insurance carriers and governed by the agreements between such parties.
2. Modifications to the Terms and Conditions
LiDAC reserves the right to revise these Terms and Conditions at any time by updating this posting, and also to modify or terminate any information, services or features on the Site at any time. Continued use of the Site after any revisions or modifications to the Terms and Conditions or the Site constitutes your acknowledgment of and agreement to abide and be bound by the revisions or modifications. If you do not agree to any such changes, your only recourse is to immediately discontinue use of the Site.
3. User Obligations
During the registration process and from time to time you may be asked to provide LiDAC certain information. You agree to provide accurate information about you as requested by LiDAC and to maintain and update this information as required to keep it current. You shall correct any information that you know or are advised is in error. If any information provided by you is inaccurate, LiDAC may terminate your rights to use the Site.
You agree to comply with all applicable local, state, national and international laws and regulations regarding use of this Site and the solicitation, sale or aid in the solicitation or sale of any insurance products.
You shall keep secret any password(s) for the Site and shall not disclose such password(s) to any third parties or use such password(s) for any purpose not expressly authorized by LiDAC.
You agree to comply with these Terms and Conditions and to respect LiDAC’s intellectual property rights in and to all aspects of the Site. Without limiting the foregoing, you specifically agree not to reverse engineer, decompile, disassemble, alter, duplicate or modify the Site in any way, in whole or in part. Failure to comply with these Terms and Conditions may be grounds for LiDAC to terminate your use of the Site and subject you to additional legal action by LiDAC.
4. Warranties of Broker-Users
In addition to all of the other Terms and Conditions, if you are an insurance broker, agent, general agent, or any other party regulated by local, state, national or international laws or regulations, you represent, warrant and agree that, to the extent required in connection with your business, you are and will continue to be at all times: (i) duly licensed, registered and qualified in all jurisdictions where such licensure, registration or qualification is or may be required; (ii) duly appointed and authorized by any insurance companies on whose behalf you are or may in the future be acting; and (iii) aware of and in compliance with all applicable local, state, national and international laws and regulations regarding the solicitation, sale or aid in the solicitation or sale of any insurance products or services. You further certify that the information that you provide in connection with your use of this Site regarding licensing, registration and qualification will be complete, current and accurate.
5. DISCLAIMER OF WARRANTIES
Your use of the Site is at your sole risk; the Site may contain defects, fail to comply with applicable specifications, may have times when it is unavailable, and produce unintended or erroneous results when accessed by users. You accept the Site “AS IS” and on an “AS AVAILABLE” basis, without any warranty whatsoever. LiDAC specifically disclaims any warranty of merchantability or fitness for a particular purpose. LiDAC makes no warranty regarding any goods, services, information or advice obtained through its Site, or any transactions entered into through its Site, as well as for any such items or other content available through any links to or from the Site.
Furthermore, you acknowledge awareness of security and privacy risks, including, but not limited to (i) the limitations of security, privacy and authentication measures; and (ii) that data and information transferred via the Site may be subject to eavesdropping, breaking passwords, spoofing, harassment or other security or privacy hazards. LiDAC shall not be liable for any damages (including direct, indirect, incidental, special, punitive or consequential damages) associated with these risks.
In connection with the Site, insurance carriers and other third parties may provide information about their plans, premium rates, benefits and other services, which information LiDAC makes available to users to help enable them to complete applications and perform other functions. LiDAC does not verify the accuracy, currency or completeness of (i) any content provided by carriers, users or others, or (ii) proposals or applications generated by using the Site. LiDAC is not liable or responsible in any way for the data contained in or the use of any such content, proposals or applications.
6. LIMITATION OF LIABILITIES
Neither LiDAC nor any other party involved with the Site shall be liable for any direct, indirect, incidental, consequential, punitive or other damages or losses of any kind whatsoever arising out of your access to, or use of, the Site, including but not limited to damages arising from any goods or services described on the Site, any transactions entered into through the Site, any failure of performance, error, omission, interruption, defect or computer virus, or the deletion, failure to store, misdelivery or unavailability of any information, material, products, services, applications or features, even if advised of the possibility of such damages or losses. Some jurisdictions do not allow the exclusion of implied warranties or certain forms of damages, so some of the above exclusions may not apply to you. Where applicable, LiDAC's total liability for any damages arising out of the use of this Site shall be the lesser of $100 or your total payment for the use of this Site.
7. Third Party Pages
LiDAC has not reviewed any sites linked to this Site and is not responsible for the content of any off-site third party pages or any sites linked to this Site. Your access to, and use of, this Site, including your linking to any other off-site pages or other sites, is at your own risk. In the event that you have a dispute with any employer, insurance carrier or other third party arising from or related to use of this Site, you release and agree to hold harmless LiDAC, its parents, subsidiaries, affiliates, officers, directors and employees, from any and all claims, demands, damages, costs and expenses of every kind and nature relating in any way to such disputes.
8. User Indemnification
You agree to indemnify and hold LiDAC, its parents, subsidiaries, affiliates, officers, directors and employees, harmless from any claim or demand, including attorneys' fees and other legal costs, made by any third party due to or arising out of your use of the Site, or your violation of these Terms and Conditions, any law or the rights of any third party.
9. Copyright Use
All content on the Site, including but not limited to text, graphics, logos, button icons, images, audio clips and software, is the property of LiDAC or those who have supplied such content. It is protected by U.S. and international copyright laws. All software used on this Site is the property of LiDAC or its software suppliers and protected by U.S. and international copyright and/or patent laws. The compilation (meaning the collection, arrangement and assembly) of all content on this Site is the exclusive property of LiDAC and protected by U.S. and international copyright laws. LiDAC allows authorized users to view and use this Site solely for the purposes described in these Terms and Conditions, including printing a single copy of any content, for their individual use only. Any other use, including the reproduction, modification or creation of derivative works, distribution, transmission, republication, display or performance, of any content on this Site is strictly prohibited. Copyright violation is a serious offense, punishable by civil and criminal penalties.
10. Copyright Complaints
LiDAC will respond as quickly as practical to any claims that infringing material appears on the Site, including investigating any such claims and taking any appropriate action under applicable laws. If LiDAC receives a notice of infringement in accordance with the Digital Millennium Copyright Act, 17 U.S.C. § 512, et seq. (the “Act”), LiDAC will take steps to remove or disable access to the allegedly infringing material, including any links thereto. LiDAC will terminate access to the Site for any repeat infringer.
If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide our Copyright Agent with the following information:
(i) An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
(ii) A description of the copyrighted work or other intellectual property that you claim has been infringed;
(iii) A description of where the material that you claim is infringing is located on the site;
(iv) Your address, telephone number, and email address;
(v) A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
(vi) A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.
The foregoing notices of alleged infringement should be mailed to:
Life/Disability Administrative Consultants, Inc.
1010 Northern Blvd, Suite 324
Great Neck, New York 11021
Phone: (516) 482-2696
If LiDAC removes or disables access to any allegedly infringing material, LiDAC may attempt to contact the person who has posted that material to give that person a chance to respond. If there is a response, LiDAC will share it with the party who originally complained about the alleged infringement, and will give that party an opportunity to seek a court order or other judicial relief in accordance with the Act before replacing or restoring access to the allegedly infringing material.
11. Trademark Use
LiDAC is a trademark of Life/Disability Administrative Consultants, Inc. Other LiDAC graphics, logos and service names are trademarks or service marks of LiDAC and may not be used in connection with any product or service that is not LiDAC's, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits LiDAC. All other trademarks are the property of their respective owners.
All notices sent by LiDAC may be sent by registered mail, postal mail or e-mail to the address you provided in the registration process. In addition, LiDAC may provide notices of changes to the Terms and Conditions or Site by displaying notices or links to notices to you on the Site. Notices sent to LiDAC should be sent by certified or postal mail to the Copyright Agent identified above.
13. Remedies Reserved / No Waiver
LiDAC reserves the right to pursue any and all legal and equitable remedies against anyone violating these Terms and Conditions, including but not limited to terminating your password(s), account(s) and right to use the Site. Any failure by LiDAC to enforce any of its rights hereunder shall not be deemed a waiver of such rights or of any other rights.
14. No Agency
Neither use of the Site nor agreement to these Terms and Conditions creates any agency, partnership, joint venture, employee or other joint relationship between the parties, and neither party shall have any authority to bind the other in any respect except as specifically provided in accordance with this Terms and Conditions.
15. Governing Law and Jurisdiction
These Terms and Conditions shall be governed by and construed in accordance with the laws of the State of New York, without regard to its conflict of law provisions. You and LiDAC agree to submit to the exclusive jurisdiction of the state and federal courts in New York County, New York for any dispute arising out of or related to these Terms and Conditions.
If any provision(s) of these Terms and Conditions is held by a court of competent jurisdiction to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect.
BY USING OUR SERVICES OR ACCESSING THIS SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT AND WILL BE BOUND BY ITS TERMS AND CONDITIONS.