Terms of use

Set forth below are the Terms and Conditions that govern your use of the http://www.rushmoreinsurances.com/ web site (the “Web Site”). These Terms and Conditions describe your rights and obligations with respect to the Web Site and should be read carefully. By logging onto the Web Site, you confirm that you have read these Terms and Conditions, and you agree to be bound by them.  If you do not agree to these Terms and Conditions, you should exit from this Web Site immediately and you do not have permission to use or access this Web Site. Your use of the Web Site is also governed by the Privacy Policy, located at //http://www.rushmoreinsurances.com//privacy-policy/ (the “Privacy Policy”) and Terms of Use (the “Terms of Use”), located at //www.rushmoreinsurances.com/terms-of-use/, which are incorporated herein by reference. 

The Rushmore Insurance Division (the “Company”) may amend these Terms and Conditions at any time by posting the amended version on this Web Site. The amended Terms and Conditions will automatically become effective 10 days after they are first posted on the Web Site. It is your responsibility to periodically check for any changes the Company makes to these Terms and Conditions.  Your continued use of the Web Site will evidence your acceptance of the amended Terms and Conditions. 

  • External Link Disclaimer 
All information provided on the Web Site is provided for informational purposes only and is subject to change without prior notice. The Web Site may contain information that is created and maintained by a variety of sources both internal and external to the Company. This Web Site contains links to third party web sites. The Company makes no representations regarding the content or accuracy of any web site that you may access through this Web Site, including links to third party web sites such as physician and hospital provider search engines. The Company does not monitor and is not responsible for the content found on other web sites that are linked from this Web Site. The Company encourages you to review the privacy policies and terms of use of any linked web site. The Company does not imply endorsement, recommendation or sponsorship for any linked web site, or the services, products, or advice described therein. The views, opinions, statements, offers, or other information or content expressed therein are those of the respective author(s) or distributor(s), not of the Company. Any questions should be directed to the administrator(s) of this or any other specific web sites. In no event shall the Company be responsible or liable, directly, or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such web site or resource. 

  • Information Regarding Plans and Benefits 
The information contained on the Web Site regarding Plans and benefits presents only general information and is not a complete description of the Plans or the coverage or benefits available under such Plans or which may be required by the state where your policy is issued. The specific coverage and benefits available under your Plan are set forth in and subject to your Policy. This Policy, and not the information contained on the Web Site, defines your rights as a customer. The Company and its parents, subsidiaries and affiliates do not endorse, recommend, or otherwise provide advice regarding the appropriateness of a Plan for a particular individual. 

Nothing within the Web Site, nor the proposals or any other materials it generates, should be deemed a contract for coverage or a solicitation of an application for coverage. The insurance quotations obtained by use of this Web Site do not constitute an offer of insurance and are subject to the approval of the Company. No contract for the provision of a policy of insurance is formed by the use of this Web Site. 

  • The Company’s Role in Administering the Web Site 
The Company has no role whatsoever in a Provider’s performance of services for a customer. Therefore, if a customer has any questions regarding the services that he or she plans to receive, or complaints about services already received, the Customer must direct those questions and complaints to the Provider involved. 

The Company is not an agent for Providers for any purpose. The Company does not sponsor or endorse any Providers and does not act as a dealer, middleman, retailer, merchant, supplier, or distributor with respect to any transactions between its Customers and Providers listed on the Web Site. 

The information displayed on the Web Site regarding Providers listed on the Web Site was given to us by the Providers or an entity representing them. This information has not been verified in any way. You agree that it is your responsibility to review your Provider’s credentials, experience, history, and ability to provide appropriate services to you. 

 You acknowledge that the company is not engaged in the practice of medicine in any manner by virtue of its operation of the web site. The information provided on our web site is presented solely for educational purposes to assist customers in their efforts to learn more about providers and to manage their benefits efficiently. Information posted on the web site is not intended to be used for diagnostic purposes and does not constitute medical advice. Providers are solely responsible for all services provided to customers. Always seek the advice of your provider or other qualified provider for answers to any questions you may have regarding a medical condition. Never disregard medical advice or delay in seeking it because of something you have read on the web site. The fact that a customer has chosen a provider listed on the web site does not change in any way the traditional, professional relationship between a patient and his or her provider.  

  • Indemnification 
You agree to indemnify, defend, and hold harmless the Company, its parents, subsidiaries, affiliates, officers, directors, employees, and agents (collectively, the “Indemnified Parties”) from and against all claims, losses, damages, liabilities and judgments, and all fees and expenses related thereto (including, without limitation, reasonable legal fees) incurred by an Indemnified Party as a result of any violation by you of your agreements with us. 

  • Disclaimer of Warranties 
 This web site and any products or services available through the web site are provided to you on an “as is,” “as available” basis without warranties of any kind, either express or implied, including but not limited to any implied warranties of merchantability, fitness for a particular purpose, quiet enjoyment, systems integration, accuracy, and non-infringement. The company, its parents, subsidiaries and affiliates, each such entity’s employees, officers, directors, agents, and any other parties involved in creating, producing or distributing the web site (“the company parties”) make no representations or warranties that use of the web site will be uninterrupted or error-free. You are responsible for taking all necessary precautions to ensure that any materials you may obtain are free of viruses or any other harmful components. 

The company parties make no warranties or representations related to the information contained on this web site and disclaim all liability for errors or omissions in the information presented. The company parties make no warranties or representations related to the accuracy of any of the information contained within this web site.  

Certain assumptions may have been made in the development of Company proposals from the Web Site. The assumptions used, if any, in the development of Company proposals may not be correct and may cause the final rates and benefits to differ from those in the proposals. For a variety of reasons, including miscommunication and/or data entry errors (including those made by Company personnel), rates and benefits generated by this Web Site may be inaccurate. These and other factors may also cause the final rates and benefits to differ from those included in a proposal. Use of this Web Site is deemed an acknowledgement by the user of his/her understanding and acceptance of the fact that responsibility for all information in the proposal’s rests solely with the user, regardless of who entered the data (including an employee of the Company Parties). 

  • Limitation of Liability 
Your use of this web site is at your own risk. Under no circumstances, including negligence, shall the company parties be liable in contract, tort, negligence, strict liability, or otherwise, for any damages whatsoever, whether special, consequential, direct, indirect, incidental, punitive, or otherwise, that may be suffered by the user, even if the company parties have been advised, knew or should have known of the possibility of such damages, including but not limited to:         
I.  Loss of data resulting from delays, non-deliveries, human error, technical malfunctions, failures, omission, interruption, deletion, or defect of any telephone network, computer online systems, computer equipment, server providers, or software.        
II.  Any injury or damage to user’s or any other person’s computer relating to or resulting from use of the web site.      
III.  Inability to access storage service(s).     
IV.  Theft, tampering, destruction, or unauthorized access to, or alteration of content.       
V.   Any incorrect or inaccurate information disseminated or provided, or the cost of procurement of any substitute products and/or services resulting from any products, data, information, or services obtained or which you were unable to obtain, or transactions affected.     
VI. Service interruptions by any cause including without limitation those caused by a computer virus, software bug, human action, or inaction.   
VII.  Any link provided in connection with the web site. 
VIII. Errors or omissions of the user; or     
IX. Any matter otherwise related to your use of the web site. 

  • Prohibited Uses of Our Web Site 
By using this Web Site, you represent that you are of legal age, and are using this Web Site for a lawful purpose. Any use of this Web Site and information generated by it that is in violation of any federal, state or local law or regulation (including insurance regulations) is prohibited.  You agree that you will not use the Web Site in any of the following ways: 

You will not use our Web Site to threaten, embarrass or harass any other person or entity or to engage in any kind of disruptive activities. 
You shall not post or transmit, either directly or by links to other sites, any information, messages, text or other material that encourages, promotes or discusses illegal activity or that may give rise to civil or criminal liability or violation of federal, state, or local laws. 
You will not post or transmit, either directly or by links to other sites, any information, messages, text or other materials that are, in the sole judgment of the Company, abusive, defamatory, vulgar, obscene, pornographic, hateful or racially, ethnically or in any other respect objectionable. 
Except as specifically permitted by the Terms and Conditions of our Web Site, you will not use this Web Site to advertise, offer to buy or sell any goods or services or otherwise use our Web Site for commercial purposes. 
You will not transmit any file or other materials that contains a virus, Trojan horse, worm, corrupted file or other harmful programs, files, or programming routines. You will not collect or attempt to collect information of any kind about other users of our Web Site. 

  • Dispute Resolution 
By using the Web Site in any way, you unconditionally agree and consent that any controversy or claim you may have against the Company Parties arising out of or relating to these Terms and Conditions or the Web Site shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in Dallas, Texas, and judgment on the arbitration award may be entered in any court having jurisdiction thereof.  ACCORDINGLY, YOU ACKNOWLEDGE THAT YOU MAY NOT HAVE ACCESS TO A COURT, TO CLASS OR REPRESENTATIVE PROCEDURES, OR TO A JURY TRIAL.  Notwithstanding any other provision of these Terms and Conditions, the Company Parties may resort to court action for injunctive relief at any time. 

  • Jurisdictional and Other Matters 
You are responsible for compliance with all local laws, if and to the extent your local laws are applicable. In addition, you and the Company Parties agree that these Terms and Conditions and any actions arising from these Terms and Conditions or your use of the Web Site will be governed by the laws of the State of Texas, without respect to its conflict of law’s provisions, and applicable federal laws and regulations, and that venue with respect to any dispute between you and the Company or Company Parties will rest exclusively in the state and federal courts located in the State of Texas. You understand and agree that the Company may from time to time establish and revise practices and limitations concerning its Web Site and your use of it. You agree that the Company shall have no liability for the deletion or failure to store any messages and other communications or other content maintained on the Web Site or transmitted using the Web Site. These Terms and Conditions constitute the entire agreement between you and the Company with respect to the Web Site and govern your use of the Web Site. You also may be subject to additional terms and conditions that may apply when you use third party content or web sites available through the Web Site. If any provision of these Terms and Conditions is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect. The failure of the Company to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the Web Site, or these Terms and Conditions must be filed within one year after such claim or cause of action arose. The Company may provide notice to you by e-mail or regular mail. The Company may also provide notice of changes to these Terms and Conditions at any time and from time to time by displaying notices to you on pages of the Web Site. The section titles of these Terms and Conditions are merely for convenience and will not have any effect on the substantive meaning of these Terms and Conditions. 

  • Online Signatures and System Requirements 
Connecting onto the Web Site you signify your agreement to all the terms and conditions to use the Web Site. 

For optimum use of the Web Site, you may need to utilize specific web browsers. 

If you have any questions about these Terms of Use, please write to us at info@rushmoreinsurance.net