ISM, Inc.
17722 Irvine Blvd.
Tustin, California 92780

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Terms & Conditions

READ THESE TERMS AND CONDITIONS ("TERMS") CAREFULLY BEFORE USING THE SERVICES DESCRIBED HEREIN. BY UTILIZING THE WEBSITE LOCATED AT www.ISMFlex.com ("WEBSITE"), YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS AND CONDITIONS AND THAT YOU AGREE TO BE BOUND BY THEM. IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU ARE NOT AN AUTHORIZED USER OF THESE SERVICES AND YOU SHOULD NOT USE THIS WEBSITE.

INTERSTATE SPECIALTY MARKETING, INC. (“ISM”) RESERVES THE RIGHT TO CHANGE, MODIFY, ADD OR REMOVE PORTIONS OF THESE TERMS AT ANY TIME FOR ANY REASON. WE SUGGEST THAT YOU REVIEW THESE TERMS PERIODICALLY FOR CHANGES. SUCH CHANGES SHALL BE EFFECTIVE IMMEDIATELY UPON POSTING. YOU ACKNOWLEDGE THAT BY ACCESSING OUR WEBSITE AFTER WE HAVE POSTED CHANGES TO THESE TERMS, YOU ARE AGREEING TO THESE TERMS AS MODIFIED.

Disclaimer

Nothing contained on this Website constitutes tax, accounting, regulatory, legal, and insurance or investment advice. Neither the information, nor any opinion, contained on this Website constitutes a solicitation or offer by ISM or its affiliates to buy or sell any financial instruments, nor shall any such instrument be offered or sold to any person in any jurisdiction in which such offer, solicitation, purchase, or sale would be unlawful under the laws of such jurisdiction. Decisions based on information contained on this Website are the sole responsibility of the visitor. In exchange for using this Website, the visitor agrees to indemnify and hold ISM, its officers, directors, employees, affiliates, agents, licensors and suppliers harmless against any and all claims, losses, liability, costs and expenses (including but not limited to attorneys’ fees) arising from your use of this Website, from your violation of these Terms or from any decisions that the visitor makes based on such information.

The strategies discussed in the Website may not be suitable for all individuals and are not obligations of ISM or its affiliates or guaranteed by ISM or its affiliates. ISM makes no representations that the contents are appropriate for use in all locations, or that the products, instruments, or services discussed on this site are available or appropriate for sale or use in all jurisdictions or countries, or by all individuals or counterparties. By making available information on the Website, ISM does not represent that any financial vehicle is available or suitable for any particular user. All persons and entities accessing the Website do so on their own initiative and are responsible for compliance with applicable local laws and regulations.

Some of our products may contain risk and may lose value. The value of your account can go down depending upon market conditions.

This Website is for information purposes only and is not intended to be relied upon as a forecast or for research advice. The information on this Website does not constitute a recommendation, offer or solicitation to buy or sell any financial vehicle or to adopt any strategy. Although this material is based upon information that ISM considers reliable and endeavors to keep current, ISM does not assure that this material is accurate, current or complete, and it should not be relied upon as such. Any opinions expressed on this Website may change as subsequent conditions vary. Past performance is no guarantee of future results.

The information and services provided on this Website are provided “AS IS” and without warranties of any kind, either expressed or implied. To the fullest extent permissible pursuant to applicable law, ISM disclaims all warranties, including, but not limited to, any warranty of non-infringement of third-party rights and any implied warranties of merchantability and fitness for a particular purpose. ISM does not warrant, either expressly or impliedly, the accuracy or completeness of the information, text, graphics, links or other items contained on this Website and does not warrant that the functions contained in this Website will be uninterrupted or error-free, that defects will be corrected, or that the Website will be free of viruses or other harmful components. ISM expressly disclaims all liability for errors and omissions in the materials on this Website and for the use or interpretation by others of information contained on the Website.

ISM Administrators (“ISMA”)

ISMA is a licensed and bonded third party administrator ("TPA"). ISMA is a fully owned subsidiary of Interstate Specialty Marketing, Inc. ("ISM") It is responsible for all aspects of premium collection and disbursement for all products marketed by ISM or any other company subscribing to its service.

Trademarks, Copyrights and other Intellectual Property

The content contained on this Website is owned or licensed by ISM and its third-party information providers and is protected by applicable copyrights, trademarks, service marks, and/or other intellectual property rights. Such content is solely for your personal, non-commercial use. Accordingly, you may not copy, distribute, modify, post, frame or deep link this Website, including any text, graphics, video, audio, software code, user interface design or logos. You may download material displayed on this Website for your personal use provided you also retain all copyright and other proprietary notices contained on the materials. You may not distribute, modify, transmit, reuse, repost, or use the content of this Website for public or commercial purposes, including all text, images, audio, and video, without ISM’s written permission. Modification or use of the materials for any other purpose violates ISM’s intellectual property rights.

All trademarks, service marks, trade names, and logos displayed on this Website are proprietary to ISM and/or their respective owners. Nothing contained on this Website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark displayed on this Website without the written permission of ISM or such other third party that may own the trademark displayed on this Website. Your use of the trademarks displayed on this Website, except as provided herein, is strictly prohibited.

The use of the images displayed on this Website by you, or anyone else authorized by you, is prohibited. Any unauthorized use of the images may violate copyright laws, trademark laws, and the laws of privacy and publicity, and communications, as well as other regulations and statutes. If you download any information from this Website, you agree that you will not copy it or remove or obscure any copyright or other notices or legends contained in any such information.

Additional Trademarks, Copyrights and other Intellectual Property Information for Contracted Agents:

You may not copy, distribute, modify, post, frame or deep link this Website, including any text, graphics, video, audio, software code, user interface design or logos without express, written permission from ISM. You may download material displayed on this Website for your use solely to promote and sell ISM’s products and service, provided you also retain all copyright and other proprietary notices contained on the materials. You may not distribute, modify, transmit, reuse, repost, or use the content of this Website for public or commercial purposes, including all text, images, audio, and video, without ISM’s express, written permission. Modification or use of the materials for any other purpose violates ISM, Inc.’s intellectual property rights.

Links to Other Websites

ISM may establish links between this Website and one or more websites operated by third parties. ISM has no control over any such other websites, the contents therein or the products/services offered. The existence of any such links shall not constitute an endorsement of, or representation or warranty by ISM regarding such websites, the contents of the websites, the products or services of the websites or the operators of the websites. Your access to and use of such linked websites is governed by the terms of use and privacy policies of those sites, and shall be at your own risk. ISM disclaims responsibility for the privacy policies and customer information practices of third-party Internet websites hyperlinked from our Website.

Links to ISM from Other Websites

You shall not display hyperlinks on your websites to any website owned or operated by ISM If you desire to display on your website a hyperlink to an ISM website, you must obtain express, written permission with ISM regarding such display. Access to any ISM website does not authorize you to use any of ISM’s names, logos, trademarks or copyrighted material, and you agree not to do so without ISM’s express, written consent. Requests to display hyperlinks on your websites to ISM websites should be e-mailed to webmaster@ismflex.com.

Transmissions to and From this Website

Electronic communications can be intercepted by third parties and, accordingly, transmissions to and from this Website may not be secure. Communications to ISM, particularly those containing confidential information, may be sent by mail to: Interstate Specialty Marketing, Inc., 17722 Irvine Blvd., Tustin, CA 92780, Attn: Webmaster. ISM shall be free to use, for any purpose, any ideas, concepts, know-how, or techniques provided by a website user to ISM through this Website. You acknowledge and agree that ISM has granted you limited access to the specific files pertaining to the ISM Products and Services (“Approved Files”), and you agree not to attempt to access computer files other than the Approved Files. ISM makes no warranty to you regarding the security of the Website, including with regard to the ability of any unauthorized persons to access information received or transmitted by you through or from the Website. ISM reserves the right to cease providing, or to change, this Website and content of such information (or any portion or feature thereof) at any time or frequency and without notice.

Account and Financial Information on this Website

Certain ISM contracted agents may access account information, including financial information, from and through this Website. Account information is unaudited unless noted otherwise, may be based on estimates.

Privacy Policy

Please review our Privacy Policy, which is a part of this Agreement and hereby incorporated by reference, to learn about our information collection practices and the measures we take to preserve the privacy and security of your information.

E-mail and Marketing

Contracted agents who complete the registration process to access the ISM Agent Center web site are at the same time granting ISM permission to send them e-mail messages for marketing and general communication purposes at the e-mail address they have provided. This service may be discontinued at any time by responding to the email with “Unsubscribe” in the subject line.

Jurisdiction and Governing Law

The information provided on this Website is not intended for distribution to, or use by, any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject ISM or its affiliates to any registration requirement within such jurisdiction or country. Each product and service referred to on this Website is intended to be made available to only U.S. residents. This Website will not be considered a solicitation for or offering of any product or service to any person in any jurisdiction where such solicitation or offering would be illegal.

The laws of the State of California govern these Terms without regard to conflict of law provisions. If you take legal action relating to these Terms, you agree to file such action only in the California Superior Court located in Orange County, CA, or the United States District Court Central District of California Southern Division, and you consent and submit to the personal jurisdiction of those courts for the purpose of litigating any action with ISM, its affiliates or with any products and / or services referenced in this site.

Limitation of Liability

ISM AND ITS AFFILIATES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS WILL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DAMAGES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, DIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL OR INDIRECT DAMAGES (INCLUDING BUT NOT LIMITED TO LOST PROFITS OR DAMAGES THAT RESULT FROM USE OR LOSS OF USE OF THIS WEBSITE), EVEN IF ISM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES, INCLUDING, WITHOUT LIMITATION, FROM THE USE OR ATTEMPTED USE OF THIS WEBSITE OR ANOTHER LINKED WEBSITE.

IF YOU LIVE IN A STATE THAT DOES NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SOME OR ALL OF THESE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.

Insurance Agent-Client Relationship

ISM contracts licensed insurance agents. The agents are independent contractors and not employees of Interstate Specialty Marketing, Inc. or its affiliates.

Timeliness of Content

All content on this Website is presented only as of the date published or indicated, and may be superseded by subsequent market events or for other reasons. In addition, you are responsible for setting the cache settings on your browser to ensure you are receiving the most recent data.

Prohibited Uses

Except as otherwise stated in these Terms or as expressly authorized by ISM in writing, you may not:

  1. Use this Website in any manner that could damage or overburden any ISM server, or any network connected to any ISM. server, as all servers have limited capacity and are used by many people;
  2. Use this Website in any manner that would interfere with another party’s use of the Website;
  3. Include the terms “ISM”, “Interstate Specialty Marketing”, “FREEDOMFLEX”, or any other ISM trademark or executive’s name, or any variation of the foregoing, as a meta-tag, hidden textual element;
  4. Use any robot, spider, intelligent agent, other automatic device, or manual process to search, monitor or copy this Website or the reports, data, information, content, software, products services, or other materials on, generated by or obtained from this Website, whether through links or otherwise (collectively, “Materials”), without ISM’s express, written permission, provided that generally available third-party web browsers may be used without such permission; or
  5. Use this Website or the Materials in any manner that could create impression of affiliation, sponsorship or endorsement by ISM.

Password Security and Notification

Certain parts of the Website are protected by passwords or require a login and are restricted to authorized users only. You may not obtain unauthorized access to such parts of the Website, or to any other protected materials or information, through any means not intentionally made available by ISM for your specific use. If you have log-in information for access to non-public areas of the Website, you are solely responsible for all activities that occur in connection with your log-in information. Accordingly, you should take all reasonable steps to protect the confidentiality of your log-in information. Notify ISM immediately if you become aware of any disclosure, loss, theft or unauthorized use of your log-in information.

Unauthorized Use of Content

You agree to defend, indemnify and hold harmless ISM, its affiliates and each of their respective officers, directors, members, partners, managers and employees against any losses, damages, claims, liabilities and costs (including reasonable attorneys’ fees) to the extent resulting from or arising out of any unauthorized or otherwise inappropriate use of any of the content of this Website attributable to you or which occurs through the use of your log-in information or ID.

System Outages and Incomplete Transmissions

Internet software or transmission problems may produce inaccurate or incomplete copies of information and materials that may be downloaded and displayed on a user’s computer. ISM is not liable for any damages, changes, or omissions that occur during transmission of information and materials.

Termination

ISM may terminate your access to the Website for any reason, without prior notice.

Waiver

No waiver by ISM of any right under or term or provision of these Terms will be deemed a waiver of any other right, term, or provision of these Terms at the time of such waiver or a waiver of that or any other right, term, or provision of these Terms at any other time.

Integration and Severability

If any provision of these Terms is deemed unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from these Terms and will not affect the validity and enforceability of the remaining provisions.

The preceding Terms of use represent the entire agreement between ISM and the user relating to the subject matter herein.

ISM is an equal opportunity employer committed to diversity in the workplace.

Dated: October 2014.

© 2014 Interstate Specialty Marketing, Inc. All rights reserved. ISM, FREEDOMFLEX, ISMA, INTERSTATE SPECIALTY MARKETING, INC., WELCOME TO OUR WORLD, YOU BELONG HERE, and FINANCIAL HEALTH PLAN are registered and unregistered trademarks of ISM or its subsidiaries in the United States and elsewhere. All other trademarks are those of their respective owners.

 

 

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