Terms and Conditions of Use
These Terms and Conditions of Use (“Terms”) apply to mutualbenefitgroup.com (the “Website”), which is operated by Mutual Benefit Group (“MBG”, “we”, “us”, or “our”) and MBG’s member companies, Mutual Benefit Insurance Company (National Association of Insurance Commissioners (NAIC) Company Code 14664) and Select Risk Insurance Company (NAIC Company Code 17752), which are domiciled in Pennsylvania and are licensed in the states of Pennsylvania and Maryland. This Website is not an advertisement of insurance in any state or district except Pennsylvania and Maryland.
Please read these Terms carefully before using this Website. Accessing, browsing or using this Website is a privilege subject to the following Terms and indicates your agreement and acceptance of these Terms and our Privacy Policy, available at this link, and incorporated herein by reference.
Terms Subject to Change
We reserve the right to modify the Terms at any time with or without notice to you, so be sure to check for updates. Such changes are effective immediately upon posting on this Website and you are deemed to receive notice of such revisions at the time of posting and are bound by any such changes to the Terms.
Services
The information contained on this Website, including all web page documents, images, audio and video files, all data and all content is provided for your use conditional upon your acceptance without modification of these Terms. We provide you with access to this information and to a variety of other resources, including but not limited to product and service information (collectively “Services”). Any reliance you place on the Services is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.
Your Use of the Website
This Website contains features, including online forms, that allow MBG’s insureds, prospective customers, and employees to submit information to us. You agree not to impersonate, or misrepresent your identity or an insured’s identity or affiliation with any person or entity, including using another person’s name, likeness, voice, image or photograph or another person’s username, password or other account information, unless you have been authorized by an insured.
If you are an authorized agent acting on behalf of an insured, you may act on behalf of the insured only if you are expressly authorized by the insured. We recommend that you document that authorization by maintaining on file a completed, executed (by the insured) Mutual Benefit Group’s Premium Payment – Agent Authorization Form, which you agree to provide to us upon request. In the case of anticipated recurring payments, you MUST maintain on file a completed, executed (by the insured) EFT Recurring Payment Authorization Form, which you agree to provide to us upon request. You agree not to impersonate, or misrepresent your identity or an insured’s identity or affiliation with any person or entity, including using another person’s name, likeness, voice, image or photograph or another person’s username, password or other account information, except as expressly authorized by an insured pursuant to the procedures described above.
Account Security
To access the Website or some of the resources it offers, you may be asked to provide certain login details including username and password. Unauthorized use of or access to these areas is prohibited. Actual or attempted unauthorized use of or access to such areas may result in criminal and/or civil prosecution. Attempts to access such areas without authorization and any information obtained may be given to law enforcement organizations in connection with any investigation or prosecution of possible criminal activity on this system.
It is a condition of your use of the Website that all the information you provide on the Website is correct, current and complete. You agree that all information you provide to register with this Website or otherwise is governed by our Privacy Policy.
You agree to keep all user IDs and passwords confidential and protect them from compromise or disclosure to unauthorized third parties. Do not share your password with anyone. MBG will not ask you for the password. If you know or suspect that the password has been compromised (e.g., the password has been disclosed to an unauthorized person), you should change your password immediately or notify MBG as soon as possible. You are responsible for any breaches of security relating to use of any user ID and password until you have changed it or MBG has disabled it. You (and not MBG) will be liable for any use made of your account or password or an insured’s account or password and the losses of MBG, its insureds, or others due to such unauthorized use.
Use Limitation
The information contained on this Website, including all web page documents, audio and video files, data and content is intended for general informational purposes only. MBG does not warrant that said content on this Website is applicable to your individual circumstances and should not be construed as a coverage interpretation of any policy in whole or in part. For complete descriptions of the terms, conditions and exclusions of insurance coverages or other products or services, please contact your insurance representative or refer to the particular policy or contract. The content is not intended to be a substitute for, nor does it constitute, professional advice regarding legal, tax or financial planning matters and you should not construe it as such.
You may download material from the Website only for your own personal, non-commercial use. While we encourage you to download and print information to help you understand our products and services and shop for our products, unless otherwise specified, no material on this Website, including but not limited to the content of the Website, may be modified, copied, downloaded, transmitted, distributed, performed, reproduced, published, licensed, transferred, sold, commercially or otherwise exploited, used to create works from or used in any other way, except with prior written permission of MBG and with express attribution to MBG. Any unauthorized use of any material contained on this Website may violate copyright laws, trademark laws, laws of privacy and publicity, and communication regulations and statutes.
MBG may, in its sole discretion, and at any time, modify or discontinue the Website, or limit, terminate or suspend your use of the Website.
No Unlawful or Prohibited Use
You may not use the Website for any illegal or unlawful purpose. You may not use the Website in any manner that could disable, overburden, or impair any MBG server or system, or interfere with any other person’s use and enjoyment of the Website, other accounts, computer systems or networks connected to any MBG server or to the Website, through hacking, password mining or any other means. You may not obtain or attempt to obtain any Services through any means not intentionally made available through this Website. Your rights to use this Website may be further limited by international law, federal law or the laws or regulations in your particular country, state or locality. MBG may, in its sole discretion, and at any time, modify or discontinue the Website, or limit, terminate or suspend your use of the Website, although MBG is under no obligation to do so.
You represent and agree that you are at least 16 years of age. If you are younger than 16, you are not permitted by us to use this Website.
Ownership, Copyright and Trademark
You agree and acknowledge that MBG is the owner or licensee of all rights in this Website and the materials that appear on the Website and that you will not challenge those rights or do anything that might impair or damage those rights. This Website is protected by copyright, trademark and other laws of the United States and other countries. Any unauthorized use of any material on this Website may violate such laws.
The trademarks, logos and service marks used and displayed on this Website (the “Trademarks”), are registered and unregistered trademarks owned or licensed by MBG. Under no circumstances may you use any of the Trademarks displayed on this Website, or any other content on the Website, except as provided in these Terms or as otherwise authorized by MBG. Nothing on this Website should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Trademarks without the written permission of the Trademark owner.
If you make any permitted copies of the Website, or portions of the Website, such copies must include the appropriate copyright, trademark, or other proprietary notices. If you modify or use the materials for any other purpose, you will be violating the intellectual property rights of MBG, which it vigorously protects.
All content included on this Website, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations and software, the compilation of all content on this Website, and all software used on this Website are the property of MBG, its affiliates or its content suppliers, and are protected by United States and international copyright laws. You agree and acknowledge that MBG is the owner or licensee of all rights in this Website and the materials that appear on the Website and that you will not challenge those rights or do anything that might impair or damage those rights. The trademarks, logos and service marks used and displayed on this Website (the “Trademarks”) are registered and unregistered trademarks of MBG and others. Under no circumstances may you use any of the Trademarks, whether owned by or licensed to us. Nothing on this Website should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Trademarks or materials except as described in the remainder of this section or without the written permission of MBG or the Trademark owner. None of the legal notices and various credits posted on the pages of this Website, however, may be removed under any circumstances.
You may link to our Website’s homepage, provided you do so in a way that is fair and legal and does not damage our reputation, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement by MBG without our express written consent. You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission without notice.
If you believe that any of your work was copied by another in a way that infringes your copyrights and is posted on this Website, please provide MBG with the following information: (1) a description of your work that you believe was infringed; (2) a description of the work believed to be infringing and where it appears on the Website; and (3) your contact information – name address, telephone number and e-mail address. This information should be accompanied by a statement that you believe, in good faith, that the infringing use is not authorized and that, under penalty of perjury, all of the information in this notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. This notice should be signed and provided to MBG’s designated copyright agent at:
Jennifer Habel Hall
Corporate Attorney
409 Penn Street, PO Box 577
Huntingdon, PA 16652
jhabelhall@thembg.com
Third Party Content, Social Media, and other Linked Websites
This Website may contain links to other sites created and maintained by other organizations. These links are provided for your convenience and are for reference only and you agree that the links do not imply that MBG is affiliated or associated with, or that any linked site is authorized to use any trademark, trade name, logo or copyright of MBG. MBG makes no representation about any other site that you may access through its Website and is not responsible for the contents of any other site. MBG does not endorse any products or services offered by any company or person linked to its Website.
We use social media to communicate with the public. Some of the accounts we currently maintain include LinkedIn, Twitter, and Facebook. We have placed buttons or links to these social media platforms on our Website to facilitate the sharing of content and promote brand awareness.
Each of these social media services has its own data protection policy. When you click on a link or button to access a social media site, you will leave our Website and the social media company whose link you clicked on will process your data according to their own policy.
Disclaimer of Warranties and Limitations of Liability
Your use and browsing of this Website are at your sole risk. If you are dissatisfied with the Website or any of its materials, or with any of the Terms, your sole and exclusive remedy is to discontinue accessing and using the Website.
THE WEBSITE, ITS CONTENT AND ANY GOODS OBTAINED THROUGH THE WEBSITE ARE PROVIDED “AS IS” AND “AS AVAILABLE” UNLESS STATED OTHERWISE IN AN ANOTHER AGREEMENT BETWEEN YOU AND MBG. WE DISCLAIM ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES NOT EXPRESSLY SET OUT IN THESE TERMS. MBG HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
MBG DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE WEBSITE WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE WEBSITE WILL BE UNINTERRUPTED OR ERROR FREE. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE WEBSITE AND THE DECISIONS YOU MAKE BASED ON THE INFORMATION YOU OBTAIN ON OR THROUGH THE WEBSITE IS WITH YOU.
IN NO EVENT WILL MBG, ITS AFFILIATES, LICENSORS, OR SERVICE PROVIDERS, OR ITS OR THEIR EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE TO YOU FOR ANY DAMAGES OF ANY KIND OR NATURE, WHETHER ARISING IN CONTRACT, TORT OR OTHERWISE, INCLUDING BUT NOT LIMITED TO INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS AND PROPERTY DAMAGE, OR OTHER DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, EVEN IF SUCH DAMAGES ARE FORESEEABLE OR IF MBG HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, INCLUDING BUT NOT LIMITED TO THOSE RESULTING FROM OR ARISING OUT OF OR IN ANY WAY RELATED TO: (1) THE USE OF OR INABILITY TO ACCESS OR USE THE WEBSITE; (2) UNAUTHORIZED ACCESS TO THE WEBSITE OR ALTERATION OF AN INSURED’S TRANSMISSIONS OR DATA MADE THROUGH THE WEBSITE; (3) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE; (4) COMPUTER FAILURE, MALFUNCTION OR VIRUSES, OR LOST DATA; OR (5) ANY OTHER MATTER RELATING TO THE WEBSITE. THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Indemnity/Hold Harmless
The Website is being provided by MBG to you as a free additional service. You agree that you shall be solely responsible for any and all liabilities arising from your use of the Website and/or disclosure of any information obtained therefrom. You agree to defend, indemnify and hold harmless MBG, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use of the Website, including, but not limited to, any use of the Website’s content, services and products other than as expressly authorized in these Terms of Use, or your use, disclosure or authorization to MBG or for MBG to disclose any data or content thereon.
Arbitration
Any dispute, controversy, or claim arising out of or relating to the Terms, or to a breach thereof, including interpretation, performance, or termination, may, at MBG’s sole discretion and election, be referred to and finally resolved by arbitration as provided in this section as follows. Such arbitration shall be conducted in English and in accordance with the rules of the International Chamber of Commerce, which shall administer the arbitration. The arbitration shall be conducted by an arbitrator mutually agreed upon by MBG and you, or if MBG and you cannot agree on an arbitrator, the arbitrator shall be chosen by the president of the International Chamber of Commerce. Such arbitration, including the rendering of any award, shall take place in Harrisburg, Pennsylvania, and if such arbitration is elected by MBG shall be the exclusive forum for resolving such dispute, controversy, or claim. For the purposes of such arbitration, the provisions of this Agreement and all rights and obligations thereunder shall be governed and construed in accordance with the laws of Pennsylvania. In any such arbitration, the parties hereby expressly exclude the applicability of the United Nations Convention for the International Sale of Goods and the Limitations Periods stipulated therefor. The decision of the arbitrator shall be binding upon the parties hereto, and the expense of the arbitration, including, but not limited to, the award of attorneys’ fees, shall be paid as the arbitrator determines. The decision of the arbitrator shall be executory, and judgment thereon may be entered by any court of competent jurisdiction.
International Use
MBG makes no representation that the Website or the materials displayed on the Website are appropriate or available for use in locations outside the United States. If you attempt to access, use or download the materials from this Website from other locations, you do so at your own risk, and you are responsible for complying with any applicable local laws