TERMS AND CONDITIONS

healthEfair.com ™ ©
October 12/2020

healthEfair™© welcomes you to our site, www.healthEfair™.com. All parties involved with the management, service, use of or social networking, vendors, clients, employees of clients, other third parties are subject to these Terms of Us. By using or being affiliated with this site in any manner, you agree and are bound by these Terms and Conditions, including a Do Not Disclose to anyone other than the person intended to be on the site, our employees, our clients and their employees and families only. At no time may any employee of our firm(s), a client, or their employee, an executive or human resources professional transfer any information or overview of this site to any other competitor of Montage. This is a Trade Secret of Danone Simpson Insurance Services, DBA Montage Insurance Solutions and has been submitted to copyright its software code and capabilities of this website.

These Terms and Conditions may be altered, edited, changed, and updated only by the assigned executive at Montage Insurance Solutions, as often as necessary. Any revised new terms will always be in effect and will take over all earlier versions and any who have agreed to any of the past terms are grandfathered into accepting these new terms (the License to Use) at any time and as you continue to use the website. It is understood that you agree to these terms and conditions upon registration and this right to the website will be termed only if a client leaves Montage Insurance solutions or Simpolicy Insurance Services or upon your request to do so. COBRA participants shall still have rights to this website upon their employer’s discretion.

As each person agrees to these terms, they are non-transferable to any other person. All rights to use this website and its contents are subject to these terms and conditions. Your rights are limited to the personal use of this site and vendors websites may be located on our site as long as they understand no rights of the usage, the format of the site, the construction of the site, the web-design or coding can be used in any other manner than intended for educational purposes and referring to sources. All vendors that have websites connected to our website via a link understand this platform in no way endorses your products or services. We are merely an educational website that shares data, webinars, articles, books, and other products to simply educate those who use this website. All connections to your website allow you to separately profit without any liability of Danone Simpson Insurance Services DBA Montage Insurance Solutions, Simpolicy Insurance Services, its employees, executives, or family members of any of these entities. We have no rights, obligations or liability associated with your products or services. We retain all rights, license, title, software code and all interest in our website format and intellectual property rights, United States copyright law and intellectual property laws submitted to and when provided to us.

No party will be able to reproduce, translate, enhance, reverse engineer, undo, copy or use our website, its services, its coding, security, or any part of healthEfair™© unless authorized in writing to do so by the executives of Montage Insurance Solutions. No part of any of our platform or methods in which healthEfair™© ™ shares data may be rented, leased, or sublicensed. No one may circumvent or disable any technology abilities or services on our platform.

If any third party vendor charges you for their services once you go onto their website you are responsible for any cost associated with any purchase you may make and our companies are not earning percentage from these vendors at this time. Our sole intent and purpose of this site is to educate our client’s employees pertaining to their health and welfare concerning employee benefits from their employer.

All rights are reserved to discontinue, amend any portion of healthEfair™© ™ at any time or without notice. We are not liable to any third party or you for any of our services or any content that is available as this is a service to educate our registrants only. Our employees are the only ones who may post or remove content from this website. No one can change or monitor our website in any manner with out our strict permissions to do so. We also reserve our right to remove any material at any time, suspend a group from healthEfair™© ™ if their premiums are not paid or delete the group and its individuals if the business is moved to another broker. We may do so without any notice and without responsibility or liability.

None of the customized information within healthEfair™© ™ may be distributed in any other method without our permission and authority to do so unless the content is from another platform for general usage or open on the internet to use. We share information from multiple vendors, authors, creators, medical experts, etc. sharing their name and recognition for their work. We are not liable for any misquotes, medical stances or positions or information that is readily available for public or available on our site for educational purposes. All content is to inform the reader or listener of methods of mindfulness, health, exercise, CBD oils, essential oils, teas, diets, food plans or methods of maintaining health for their own interest for educational purposes only. Nothing within our website or content is endorsed or meant to prevent any disease. All content is meant for the observer or listener to discern your own healthcare with your medical professional(s). Our advisors, doctors, coaches, health practitioners, vendors and all content providers give their own advice due to their personal experiences and medical and professional degrees. We have no liability based on any information given on this website or in any platform. All content is not meant to be copied, downloaded, or transferred, unless it is already available to public access and the creator of the product is recognized. No materials within this website are meant for resale or distribution except for whom it is intended for, which are those who are given access and remain clients of our firm and their employees.

No person has permission to copy, store, distribute or resell and of the content or information including webinars, flyers, articles, quotes, Healthy Doc Talks™ or any content unless it is publicly available. The purpose of this site/platform is to educate you, your family members and employees and their families with articles, books, works of inspiration, doctors giving advise within their scope of service and no one can circumvent or disable and digital rights management, our usage rules or security of our services or website in any manner that threatens the performance or integrity of our services and content or remove any trademark symbols on our taglines or names of our company and its services.

We may collect registration and other information about you while providing you with our Services. Our collection and use of this information is governed by our Privacy Policy, available soon on this website https://healthEfair™.com backed by https://compliancy-group.com/

We may provide or otherwise support or post other third-party links, flyers or other items based on our agreements and appointments with TPA’s, carriers and others or other applications that display portions of their content from our services or website and store client benefits information for their employees and new hires or COBRA participants to use. Other than in connection with any such supported applications, you may not frame any of our Services within any other Web sites, and may not use in-line linking or other means of republishing any portion of our Services on any third-party site or service, without our prior written consent.

Links and information to Third-Party information and content. Our Services from this site may contain links to third party products, carriers, vendors, services, and Web sites. We exercise no control over or do not endorse the third-party services, products, and/ or Web sites and we are not responsible for their performance. All parties involved with this website, including Montage or Simploicy clients, are not responsible or liable for any content, advertising, or other materials available through the third-party products, services, and Web sites. We are not be responsible or liable, directly, or indirectly, for any damage or loss caused by your use or to you of or reliance on any goods or services available through the third-party products, services, and Web sites.

Certain areas of our platform, including our account management features, HRIS, benefit portal links may be password-restricted (‘Password-Protected Areas’). If you are authorized to gain access to any Password-Protected Areas, you agree that you are entirely responsible for maintaining the confidentiality of your password. We are not able to see, copy or save your password as you link into your HRIS systems and You agree that you are entirely responsible for any and all activities that occur under your account, whether or not you are the individual who undertakes such activities. You agree to immediately notify us of any unauthorized use of your account with healthEfair™© .com or any other breach of security in relation to your password or our Services that is known to you. What we store on our website is client benefit information for the benefit of our clients and their employees as a platform to store these items, presentations and no HIPAA data is stored on this website concerning employees or their family. This site is for education purposes only and to store information about clients benefits and links to your vendors, including your carriers and HRIS links only. Once you clink on any link it takes you to that site and it is out of our realm of services or connection or responsibilities and liabilities for the integrity of the content within the links of third party vendors or sources.

Submissions of content or content linked to or on our website

You or our company will not have any submission or content that infringes any patent, trademark, trade secret, copyright, or other right of any party; (vi) upload, post, email, or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, or any other forms of solicitation; (vii) upload, post, email, or otherwise transmit any material that contains or may contain software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment; (viii) interfere with or disrupt our Services or servers or networks connected to our Services or any other third party we refer to, as we are merely referring to third party vendors, carriers sites and other sites for the purposed of education. You may not disobey any requirements, procedures, policies or regulations of networks connected to our Services; intentionally or unintentionally violate any applicable local, state, national or international law or regulation; or otherwise harass or discriminate against another; or collect or store personal data from or about other users. Your personal benefit selections or data is not located on this site, only the entire benefit offering from your employer and what is available to you and your immediate eligible family members.

Nondisclosure Agreement:

Company- Montage Insurance Solutions, Simpolicy and healthEfair© is providing as a part of its services to its customers and their employees, access to healthEfair©, a website that provides health and wellbeing information for Company’s customers (Company’s Website).

As part of its value-added philosophy to its customers, Company has offered, and Customer has accepted use of the Company’s Website (Website use).

In connection with the Website Use, Company will disclose certain confidential information (defined below) to Customer abut Company’s Website and Company desires to receive certain Confidential Information from Company’s Website.

Now, Therefore, for and in consideration f the foregoing recitals and of the terms’ covenants and conditions set forth below, and for other good and valuable considerations, the receipt of and sufficiency of which are here by acknowledged, the Parties do here by agree as they terms and conditions are accepted through registration of the site.

Throughout the Website Use, Customer(s) will receive and have access to and learn certain confidential and proprietary information contained within the Company’s Website and concerning Company’s Business and Company’s Vendors (collectively Vendors of the Company) and prospective suppliers, vendors, distributors consultants (Contacts of the Company), methods in which we create custom benefit summaries, webinars, power points, and other items customized for each client. This confidential and proprietary information shall hereinafter be referred to as “Company’s Confidential Information” and “Trade Secrets”. This information includes all information about the website the capabilities of the website, vendors of customer, and information about how we perform our services and templates we have created and use to service our clients. This information of which the unauthorized disclosure could be detrimental to the interests of the Company, whether such information is identified as confidential information and services and methods of services of the Company. These services are not otherwise put into the public and the registrant of this site agrees to keep the methods of the services, templates, webinars in confidence and for the use of their intermediate company and family usage only. This is a private website intended for the use of our clients and their employees and their families to enjoy and learn wellness and safety habits and learn about their company benefit programs and enroll into their benefits from the link to their HRIS system.

After termination of Customer’s website at the end of a client of Montage Insurance Solutions and Simpolicy relationship, Customer nor its employees will share the confidential information within this website of the “Company’s Confidential Information”, including names or contacts, vendors, methods used, templates used for benefit administration or communications of company. It is understood all registrants understand this is a private portal for clients of Montage Insurance Solutions and Simpolicy. This is not a public website. The customers hereby acknowledge that the unauthorized taking of and Confidential information may be a crime under Section 499c of the California Penal Code and may also result in civil liability under sections 3426.1 through 3426.11 of the California Civil Code.

At all times, all registrants shall not disclose for the benefit of any third party, or to the detriment of the Company, any Confidential information pertaining to the Company’s business, Vendors, and or design or methods of the website.

Copyright Infringement/ Trade Secret Infringement of our services programs and the method in which we deliver them.

We respect the intellectual property rights of others and ask you to do the same. Our policy is to terminate the access privileges or links to any vendor who infringes the copyright rights of others. If you believe that your work has been posted on our Services in a way that constitutes copyright infringement, please contact us at the address below and provide the following information: an electronic or physical address, phone, email and signature of the person authorized to act on behalf of the owner of the copyright interest; a description of the copyrighted work that you claim has been infringed, and identification of the URL or other specific location on our Services where the material that you claim is infringing is located along with 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 a statement by you, made under penalty of perjury, that you are the copyright owner or authorized to act on the copyright owner’s behalf and that the information in your notice is accurate and true. All vendors, doctors and those included on this website are a part of our outreach and have agreed in writing or through billings to be a part of this healthEfair©. All benefit information is for viewing purposes only and for employees to make selections through their company HRIS links or through the employer’s method of communications and enrollment.

Our designated agent for notice of copyright infringement can be reached at:
Attention: Danone Simpson 5550 Topanga Canyon Blvd. Woodland Hills, CA 91367

The Montage Insurance Solutions, Simpolicy and logos, healthEfair™ and all products or services are trademarks of Danone Simpson and its companies, and may not be copied, imitated or used, in whole or in part, without the prior written permission of Danone Simpson and/or the applicable trademark holder. You may not use any metatags or any other ‘hidden text’ utilizing healthEfair™ , Montage Insurance Solutions, Simpolicy and our taglines or any other name, trademark or product or service name of our companies without our prior written permission. In addition, the look and feel of our Services and the way we combine or handle our services, including all custom graphics, headers, content, the service mark, trademark and/or copywrite may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and company names or logos mentioned in our Services are the property of their respective owners. Reference to any products, services, processes, or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship, or recommendation thereof by our companies.

Limitation of Liability

WE AND OUR SUPPLIERS AND LICENSORS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF THESE DAMAGES), RESULTING FROM YOUR USE OF OUR SERVICES AND SERVICE CONTENT. UNDER NO CIRCUMSTANCES WILL THE TOTAL LIABILITY OF US, OUR COMPANY(IES), OUR SUPPLIERS, CARRIERS, VENDORS, THIRD PARY ADMINISTATORS, AND LICENSORS OF ALL KINDS ARISING OUT OF OR RELATED TO YOUR USE OF OUR SERVICES OR SERVICE CONTENT REGARDLESS OF THE MEDIUM OR METHOD AND REGARDLESS OF WHETHER ANY ACTION OR CLAIM IS BASED ON CONTRACT, TORT, OR OTHERWISE, EXCEED THE AMOUNTS, IF ANY, THAT YOU HAVE PAID TO US, OR WE HAVE PAID FOR YOUR SERVICES, FOR YOUR USE OF OUR SERVICES. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

Indemnity

You will indemnify and hold us, our employees, carriers, vendors, third party administrators and suppliers and licensors, and our respective subsidiaries, affiliates, officers, agents, employees, representatives, and assigns harmless from any costs, damages, expenses, and liability caused by your use of our Services or Service Content, your violation of these Terms, or your violation of any rights of a third party through use of our Services or Service Content.

Legal Notices

Enforcement of these Terms will be governed by the laws of the State of California, excluding its conflict and choice of law principles. The exclusive jurisdiction and venue for any claims arising out of or related to these Terms or your use of our Services will lie in the State and Federal courts located in Los Angeles County, within the State of California, and you irrevocably agree to submit to the jurisdiction of such courts. Our failure to enforce any right or provision in these Terms will not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing. If a court of competent jurisdiction finds any provision of these Terms to be illegal, unenforceable, or invalid, the remaining provisions will remain in full force and effect.

Contacting Us

If you have any questions, comments, or concerns about this privacy policy, please contact us using the following contact information:

Montage Insurance Solutions
5550 Topanga Canyon Blvd, Suite 310
Woodland Hills, CA 91367
818-676-0044

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