Last Updated November 16, 2021
AGREEMENT TO TERMS
iBynd is not responsible for, any interactions between you and any other individual or entity through our Site, any interaction between you and any other individual or entity through our Site, is solely between you and that other entity. iBynd expressly disclaims any responsibility for any interactions between you and an individual or entity through our Site, or to any services or products acquired or made available through our Site.
We do not intend for the Site to be used by persons or entities in countries or jurisdictions outside of the United States that require us to obtain a registration or license. If you are in such a country or jurisdiction, you are not authorized to and agree that you will not use the Site.
STATE INSURANCE LICENSES
Information regarding iBynd’s state insurance agency licenses may be found here. All insurance products on the Site are underwritten by a third-party insurance company. All decisions regarding any insurance products, including approval, premium, commissions and fees, will be made solely by the authorized insurer underwriting the insurance under the insurer’s then-current criteria. All insurance products are governed by the terms, conditions, limitations and exclusions set forth in the applicable insurance policy. Any information on the Site does not in any way alter, supplement, or amend the terms, conditions, limitations or exclusions of the applicable insurance policy and is intended only as a brief summary of such insurance product. Please consult the policy for the exact terms and conditions. No warranty, guarantee, or representation, either express or implied, is made as to the correctness or sufficiency of any information contained on the Site. Insurance coverage may not be available in your state. iBynd may receive a commission from an insurer or other intermediary and/or additional compensation in connection with the sale of insurance to you.
INTELLECTUAL PROPERTY RIGHTS
Unless otherwise indicated, the Site is our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights laws of the United States, foreign jurisdictions, and international conventions.
Provided that you are eligible to use the Site, you are granted a limited right to access and use the Site and to download or print a copy of any portion of the Content to which you have properly gained access solely for the strict purposes of learning about or purchasing Services on the Site. We reserve all rights in and to the Site, the Content and the Marks.
By using the Site, you represent and warrant that:
if you provide any information, including registration information, all such information you submit will be true, accurate, current, and complete;
you will maintain the accuracy of such information and promptly update such registration information as necessary;
you are not under the age of 18;
you will not access the Site through automated or non-human means, whether through a bot, script, or otherwise;
you will not use the Site for any illegal or unauthorized purpose;
your use of the Site will not violate any applicable law or regulation;
you will not engage in unauthorized framing of or linking to the Site;
you are not located in, under the control of, or a national or resident of any country subject to sanctions by the United States;
you have not been placed on the U.S. Department of Commerce’s Denied Persons List;
you are not identified as a “Specially Designated National” by the United States government; and
you will not access the Site if you have previously been prohibited from doing so or if any laws prohibit you from doing so.
You may be required to register with the Site. You agree to keep your username and password confidential and will be responsible for all use of your account and password. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.
You may not access or use the Site for any purpose other than that for which we make the Site available, including, but not limited to the following prohibitions on use.
systematically retrieve data or other content from the Site to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us;
make any unauthorized use of the Site, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses;
use a buying agent or purchasing agent to make purchases on the Site.
use the Site to advertise or offer to sell goods and services;
circumvent, disable, or otherwise interfere with security-related features of the Site, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Site and/or the Content contained therein;
engage in unauthorized framing of or linking to the Site;
trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords;
make improper use of our support services or submit false reports of abuse or misconduct;
engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools;
interfere with, disrupt, or create an undue burden on the Site or the networks or services connected to the Site;
attempt to impersonate another user or person or use the username of another user;
sell or otherwise transfer your profile;
use any information obtained from the Site in order to harass, abuse, or harm another person;
use the Site as part of any effort to compete with us or otherwise use the Site and/or the Content for any revenue-generating endeavor or commercial enterprise;
decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Site;
attempt to bypass any measures of the Site designed to prevent or restrict access to the Site, or any portion of the Site;
harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Site to you;
delete the copyright or other proprietary rights notice from any Content;
upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Site or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Site;
upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”);
except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Site, or using or launching any unauthorized script or other software;
disparage, tarnish, or otherwise harm, in our opinion, us and/or the Site; or
use the Site in a manner inconsistent with any applicable laws or regulations.
SUBMISSIONS AND FEEDBACK
The Site may contain functionality that permits you to comment on articles; share materials; provide ideas, proposals, suggestions (“Feedback”); or otherwise make available certain materials through or in connection with your use of the Site (collectively, “Submissions”).
Whether related to the Site or otherwise, you acknowledge and agree that your Submissions are not confidential; that your provision of Submissions is gratuitous, unsolicited and without restriction; and that the provision of any Submission does not place us under any fiduciary or other obligation.
We may (but have no obligation to) monitor, evaluate, alter or remove Submissions before or after they appear on the site; however, we have no control over and are not responsible for any use or misuse (including any distribution) by any third party of Submissions.
THIRD-PARTY WEBSITES AND CONTENT DISCLAIMER
Our Site are available for informational purposes only. The information provided in this Site is strictly for reference only and is not in any manner a substitute for your own investigation nor is it intended to be a substitute for professional tax, legal, or financial advice.
The Site may contain (or you may be sent via the Site) links to other websites (“Third-Party Websites”) as well as articles, photographs, text, graphics, pictures, designs, video, information, applications, software, and other content or items belonging to or originating from third parties (“Third-Party Content”).
Such Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third-Party Websites accessed through the Site or any Third-Party Content posted on, available through, or installed from the Site, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third-Party Websites or the Third-Party Content.
You should review the applicable terms and policies, including privacy and data gathering practices, of any Third-Party Websites to which you navigate from the Site or relating to any applications you use or install from the Site. Any purchases you make through Third-Party Websites will be through such Third-Party Websites and from other companies, and we take no responsibility whatsoever in relation to such purchases which are exclusively between you and the applicable third party operator of such Third-Party Websites.
You agree and acknowledge that we do not endorse the products or services offered on Third-Party Websites and you shall hold us harmless from any claims, losses, damages or harm caused by your purchase of such products or services. Additionally, you shall hold us harmless from any losses sustained by you or harm caused to you relating to or resulting in any way from any Third-Party Content or your contact with Third-Party Websites.
We make no representations or warranties regarding the quality or accuracy of any Third-Party Websites or Third-party Content contained in the Site. IN NO EVENT WILL WE BE LIABLE, DIRECTLY OR INDIRECTLY, TO ANYONE FOR ANY DAMAGES OR LOSSES ARISING FROM OR RELATING TO ANY USE OR RELIANCE ON ANY PRODUCTS, SERVICES, OR OTHER CONTENT RELATING TO LINKED SITES.
iBynd does not recommend or endorse any specific plan, product offering or provider, or any other information that may be mentioned on the Site or that may be offered by or through another insurance broker or intermediary to whom we may refer you. Reliance on any information provided by iBynd is solely at your own risk.
YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH THE THIRD PARTY PROVIDERS, INCLUDING, WITHOUT LIMITATION, PROFESSIONALS, INSURANCE BROKERS OR INSURANCE COMPANIES. YOU UNDERSTAND THAT IBYND DOES NOT IN ANY WAY SCREEN ITS THIRD PARTY PROVIDERS, NOR DOES IBYND INQUIRE INTO THE BACKGROUNDS OF SUCH THIRD PARTY PROVIDERS OR ATTEMPT TO VERIFY THE STATEMENTS, REPRESENTATIONS OR WARRANTIES OF SUCH THIRD PARTY PROVIDERS. IBYND MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF THIRD PARTY PROVIDERS, THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS OF THE SITE, OR THE QUALITY OF ANY GOODS OR SERVICES OFFERED BY ANY THIRD PARTY PROVIDERS. IN NO EVENT SHALL IBYND BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO ANY ACT OR OMISSION OF ANY THIRD PARTY PROVIDER, OR ANY GOODS OR SERVICES OF ANY THIRD PARTY PROVIDERS. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL INTERACTIONS WITH THIRD PARTY PROVIDERS. YOU UNDERSTAND THAT IBYND MAKES NO WARRANTIES OR GUARANTEES, EITHER EXPRESS OR IMPLIED, REGARDING THE QUALITY OR APPROPRIATENESS OF ANY OF THE GOODS OR SERVICES OFFERED BY ANY THIRD PARTY PROVIDER TO ANY USER OF THE SITE.
We reserve the right, but not the obligation, to:
in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof;
in our sole discretion and without limitation, notice, or liability, to remove from the Site or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and
otherwise manage the Site in a manner designed to protect our rights and property and to facilitate the proper functioning of the Site.
DISCLAIMER OF WARRANTY
USE OF THIS SITE IS AT YOUR SOLE RISK. ALL MATERIALS, INFORMATION, PRODUCTS, SOFTWARE, PROGRAMS, AND SERVICES ARE PROVIDED "AS IS," WITH NO WARRANTIES OR GUARANTEES WHATSOEVER. IBYND EXPRESSLY DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, STATUTORY, AND OTHER WARRANTIES, GUARANTEES, OR REPRESENTATIONS, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY AND INTELLECTUAL PROPERTY RIGHTS. WITHOUT LIMITATION, IBYND MAKES NO WARRANTY OR GUARANTEE THAT THIS SITE WILL BE UNINTERRUPTED, TIMELY, OR SECURE,. IBYND DOES NOT WARRANT THAT THE SITE CONTAINS ACCURATE INFORMATION OR WILL BE FREE FROM BUGS, DEFECTS OR ERRORS, OR ACCESSIBLE WITHOUT INTERRUPTION.
YOU UNDERSTAND AND AGREE THAT IF YOU DOWNLOAD OR OTHERWISE OBTAIN MATERIALS, INFORMATION, PRODUCTS, SOFTWARE, PROGRAMS, OR SERVICES FROM THIS SITE, YOU DO SO AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES THAT MAY RESULT, INCLUDING LOSS OF DATA OR DAMAGE TO YOUR COMPUTER SYSTEM. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY
MODIFICATIONS AND INTERRUPTIONS
ANY ACTION OR PROCEEDING UNDER THESE TERMS WILL TAKE PLACE ONLY ON AN INDIVIDUAL BASIS; CLASS ACTIONS AND PROCEEDINGS ARE NOT PERMITTED. YOU UNDERSTAND AND AGREE THAT BY ENTERING INTO THESE TERMS, YOU AND IBYND ARE EACH WAIVING THE RIGHT TO TRIAL BY JURY AND TO PARTICIPATE IN A CLASS ACTION.
If the Parties are unable to resolve a Dispute through informal negotiations, the Dispute (except those Disputes expressly excluded below) will be finally and exclusively resolved by binding arbitration. YOU UNDERSTAND THAT WITHOUT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL.
The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) and, where appropriate, the AAA’s Supplementary Procedures for Consumer Related Disputes (“AAA Consumer Rules”), both of which are available at the AAA website www.adr.org. Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Consumer Rules and, where appropriate, limited by the AAA Consumer Rules. The arbitration may be conducted in person, through the submission of documents, by phone, or online. The arbitrator will make a decision in writing, but need not provide a statement of reasons unless requested by either Party. Except where otherwise required by the applicable AAA rules or applicable law, the arbitration will take place in Bergen County, New Jersey.
If for any reason, a Dispute proceeds in court rather than arbitration, the Dispute shall be commenced or prosecuted in the state and federal courts located in Bergen County, New Jersey, and the Parties hereby consent to, and waive all defenses of lack of personal jurisdiction, and forum non conveniens with respect to venue and jurisdiction in such state and federal courts.
In no event shall any Dispute brought by either Party related in any way to the Site be commenced more than one year after the cause of action arose. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.
If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.
The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually. To the full extent permitted by law, (a) no arbitration shall be joined with any other proceeding; (b) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (c) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.
There may be information on the Site that contains typographical errors, inaccuracies, or omissions that may relate to the Site, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Site at any time, without prior notice.
We will maintain certain data that you transmit to the Site for the purpose of managing the Site, as well as data relating to your use of the Site. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Site. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data. You acknowledge and agree that we may disclose information you provide (including, without limitation, personally identifiable information) if required to do so by law, at the request of a third party (including, without limitation, law enforcement agencies), or if we, in our sole discretion, believe that disclosure is reasonable to (i) comply with the law, requests or orders from law enforcement; (ii) protect or defend our, or a third party’s rights or property; or (iii) protect someone’s health or safety, such as when harm, violence or abuse against any person is threatened.
ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
Visiting the Site, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communication be in writing.
YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SITE.
You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.
CALIFORNIA USERS AND RESIDENTS
Pursuant to California Civil Code §1789.3, California residents are also entitled to the following specific consumer rights notice: Complaints regarding the Site or Services or requests to receive further information regarding use of the Site or Services may be sent to our address below or to firstname.lastname@example.org
The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Boulevard, Suite N112, Sacramento, CA 95834 or by telephone at (916) 445-1245 or (800) 952-5210. Hearing impaired persons may call TDD (800)-326- 2297 or TDD (916)-928-1227, see www.dca.ca.gov for additional information.
In order to resolve a complaint regarding the Site or to receive further information regarding use of the Site, please contact us at:
Integrated Bind, LLC
600 Sylvan Avenue
Englewood Cliffs, NJ 07632
DIGITAL MILLENNIUM COPYRIGHT ACT
The Digital Millennium Copyright Act of 1998 (17 U.S.C. § 512) (the “DMCA”) provides recourse for any material appearing on our site that you believe is infringing your rights under U.S. copyright law. We take claims of copyright infringement seriously. We will respond to notices of alleged copyright infringement that comply with the DMCA and other applicable law. If you believe any materials accessible on or from this Site infringe your copyright, you, or your agent, may request removal of those materials (or access to them) from the Site by submitting written notification to our copyright agent designated below. As set forth in the DMCA, the written notice (the "DMCA Notice") must include substantially the following:
Your physical or electronic signature.
Identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on the Website, a representative list of such works.
Identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material.
Adequate information by which we can contact you (including your name, postal address, telephone number, and, if available, email address).
A statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent, or the law.
A statement that the information in the written notice is accurate.
A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
Our designated copyright agent to receive DMCA Notices is:
600 Sylvan Avenue, Englewood Cliffs, NJ 07632
If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective. Please be aware that if you knowingly materially misrepresent that material or activity on the Website is infringing your copyright, you may be held liable for damages (including costs and attorneys' fees) under Section 512(f) of the DMCA.