These Terms of Use are entered into by and between you (“You”) and Wellabe, Inc. and its affiliates and subsidiaries (collectively, “Company,” “we,” or “us”). The following terms and conditions, together with our Privacy Policy (collectively, “Terms of Use”), govern Your access to and use of wellabe.com (the “Website”), including any content, functionality, and services offered on or through the Website. All information we collect on this Website is subject to the Terms of Use. By using the Website, You consent to all actions taken by us with respect to Your information in compliance with the Terms of Use.
Please read these Terms of Use carefully before You start to use the Website. By using the Website, You accept and agree that You have read, understand, and agree to these terms and conditions of use as well as our Notice of online services privacy and security practices. If You do not want to agree to any of these Terms of Use, You must not access or use the Website.
As a visitor of the Website, You are granted a limited, nonexclusive, temporary license to access and make personal use of the Website, but not to modify it, or any portion of it. This license does not include any resale or commercial use of this Website or its contents, any downloading or copying of information for the benefit of another, or any use which is for unlawful purposes. You may use the Website only for lawful purposes and in accordance with these Terms of Use.
Without limitation, You will not use this Website in any manner which would damage, disable, overburden, or impair this Website or interfere with another’s use of this Website, including their ability to engage in real time activities through the Website.
Without limiting the foregoing, You agree not to:
The information available on this Website is intended to be a general information resource regarding the matters covered, but is not offered as legal, tax, accounting or other professional advice. You should evaluate all information, opinions and advice available on this Website in consultation with qualified advisors.
To protect the Website from unauthorized use and to ensure that the Website is functioning properly, activities on this Website may be monitored and recorded. By using this Website, You expressly consent to such monitoring and are advised that if such monitoring reveals possible evidence of criminal activity, Company may provide evidence from such monitoring to law enforcement officials.
Company has the right to deny You access and use of the Website and its content if You violate, as Company may determine in its sole and absolute discretion, any provision of these Terms of Use. Company reserves the right to seek all other remedies available at law and in equity.
The Website and its content are not intended for children ages 13 and Younger.
All information and content, features and functionality of this Website, including, but not limited to all information, software, text, displays, images, graphics, video and audio files, icons, photos, logos, company names, product names, service marks, trademarks, and other proprietary information, and the design, selection, and arrangement thereof (“Protected Material”) are owned or licensed by the Company and are protected by United States intellectual property laws. The Company and its licensors retain all the intellectual property rights, including associated goodwill, in and to all aspects of this Website. Removal or reproduction by any means of any Protected Material is expressly prohibited without the prior written consent of the Company. Any unauthorized use of the Protected Material may violate copyright, trademark, patent, trade secret, trade name, and other intellectual property or proprietary rights or privacy laws.
Any software that is made available to download from the Website is the copyrighted work of Company and/or its suppliers. Use of the software is governed by the terms of the end user license agreement, if any, which accompanies or is included with the software (“License Agreement”). You may not download or install any software that is accompanied by or includes a License Agreement unless You have read and accepted the terms of the License Agreement. REPRODUCTION OR REDISTRIBUTION OF THE SOFTWARE IS PROHIBITED EXCEPT AS PROVIDED FOR IN THE APPLICABLE LICENSE AGREEMENT.
These Terms of Use permit You to use the Website for Your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Website, except as follows:
You must not:
If You print, copy, modify, download, or otherwise use, or provide any other person with access to, any part of the Website in breach of the Terms of Use, Your right to use the Website will stop immediately and You must, at our option, return or destroy any copies of the materials You have made. No right, title, or interest in or to the Website or any content on the Website is transferred to You, by implication, estoppel or otherwise, and all rights not expressly granted are reserved by the Company. Any use of the Website not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate the law.
Company neither warrants nor represents that Your use of materials displayed on the Website will not infringe rights of third parties.
You hereby represent and warrant that (i) You have properly identified Yourself by entering Your own name and personal identifiers when using this Website and not those of any other person. If You are not that person and/or You are attempting to access someone else’s information, You are in violation of federal and/or state law and should exit this Website now. Violations will be reported to state and/or federal authorities; and (ii) You have requisite rights and authority to agree to these Terms of Use.
Applicable law considers an electronic signature to have the same force and effect as a signature written on paper by hand. Therefore, by electronically signing records contained in this Website, You signify Your agreement and intent that Your electronic signature has the same legal force and effect as if You had signed Your signature in ink on a paper record.
We reserve the right to withdraw or amend this Website, and any service or material we provide on the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users, including registered users.
You are responsible for all costs related to, and making all arrangements necessary for You to have, access to the Website, including, but not limited to, those related to equipment and internet access.
To access the Website or some of the resources it offers, You may be asked to provide certain registration details or other information. 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 to be responsible for all activities occurring under a user id that may be assigned to You by the Company (“ID”). You agree to notify the Company immediately of any unauthorized use with respect to Your ID or any other breach of security or privacy involving Your use of this Website. You agree the Company will not be liable for any losses incurred as a result of a third party’s use of Your ID, password, or any other piece(s) of information as part of our security procedures, regardless of whether such use is with or without Your knowledge and consent. You agree You are responsible for maintaining the confidentiality of Your ID account and password, and for restricting access to Your computer or device, and You agree to accept responsibility for all activities that occur under Your ID account and/or password. You also agree to ensure that You exit from Your account at the end of each session. You should use particular caution when accessing Your account from a public or shared computer so that others are not able to view or record Your password or other personal information.
We have the right to disable any ID, password, or other identifier, whether chosen by You or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, You have violated any provision of these Terms of Use.
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 or take advantage of it, further provided that such linking is in all ways compliant with the Terms of Use, and You must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part without our express written consent. You agree to cooperate with us in causing any unauthorized linking immediately to stop. We reserve the right to withdraw linking permission without notice. We may disable any links at any time without notice in our sole discretion.
If the Website contains links to other sites and resources provided by third parties, these links are provided for Your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from Your use of them. If You decide to access any of the third-party websites linked to this Website, You do so entirely at Your own risk and subject to the terms and conditions of use for such websites.
The owner of the Website is based in the State of Iowa in the United States. We provide this Website for use only by persons located in the United States. We make no claims that the Website or any of its content is accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If You access the Website from outside the United States, You do so solely on Your own initiative and are solely responsible for compliance with local laws.
You acknowledge that the Company does not own, operate or manage the internet-the internet is a separate network of computers and systems, independent of and not subject to the control of the Company; communications on the internet may not be secure and may be subject to interception or loss; certain content available on the internet is copyrighted and may have been distributed in violation of copyright laws.
You further acknowledge that the Company has no obligation to review the content posted on the Website. We may update the content on the Website from time to time, without notice to You, but its content is not necessarily complete or up-to-date. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material. Under no circumstances will the Company be liable in any way for any content, including, but not limited to, for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any content posted, e-mailed or otherwise transmitted via the Website. Accordingly, You agree that You must evaluate, and bear all risks associated with, the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content. The Company does not guarantee continuous, uninterrupted, or secure access to the Website, and operation of the Website may be interfered with by numerous factors outside of our control.
IF YOU ARE DISSATISFIED WITH ANY PORTITON OF THE WEBSITE, OR WITH ANY OF THE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE WEBSITE.
You understand that we cannot and do not guarantee or warrant that files available for downloading from the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures to satisfy Your particular requirements for anti-virus protection and accuracy of data, and for maintaining a means external to the Website for any reconstruction of any lost data.
TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY-HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR MATERIALS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR MATERIALS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, SAFETY OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT, OR ANY SERVICES OR MATERIALS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL COMPANY OR ANY PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE WEBSITE BE LIABLE TO YOU FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, OR PUNITIVE DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, OR THE RESULTS OF THE USE OF THE WEBSITE OR THE MATERIALS OR INFORMATION CONTAINED THEREIN, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY, EVEN IF COMPANY OR A COMPANY AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL COMPANY’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION EXCEED THE AMOUNT PAID BY YOU TO COMPANY, IF ANY, FOR ACCESSING THE WEBSITE.
TO THE FULLEST EXTENT PROVIDED BY LAW, COMPANY 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 THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
You agree to defend, indemnify and hold harmless the Company, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, third-party information providers, successors, and assigns from and against any claims, demands, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees), including, but not limited to, those made by a third party, in connection with or arising out of or relating to (i) Your violation of the Terms of Use, (ii) Your access to or use of the Website, or any of the Website’s content, services, and products other than as expressly authorized in the Terms of Use, (iii) Your use of any information obtained from the Website, (iv) Your violation of applicable laws, and/or (v) Your violation of any rights of any third party.
All matters relating to the Website and these Terms of Use, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the laws of the State of Iowa without giving effect to any choice or conflict of law provision or rule (whether of the State of Iowa or any other jurisdiction).
Any legal suit, action, or proceeding arising out of, or related to, the Terms of Use or the Website shall be instituted exclusively in the federal courts of the United States or the courts of the State of Iowa, in each case located in the City of Des Moines, Iowa. You waive any and all objections to the exercise of jurisdiction over You by such courts and to venue in such courts.
At Company’s sole discretion, it may require You to submit any disputes arising from these Terms of Use or use of the Website, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying Iowa law.
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THE TERMS OF USE OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
No waiver by the Company of any term or condition set out in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.
If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.
We may revise and update these Terms of Use from time to time in our sole discretion and without notice to You. All changes are effective immediately when we post them and apply to all access to and use of the Website thereafter. However, any changes to the dispute resolution provisions set out in “Governing Law and Jurisdiction“ will not apply to any disputes for which the parties have actual notice on or before the date the change is posted on the Website.
Your continued use of the Website following the posting of revised Terms of Use means that You accept and agree to the changes. You are expected to check this page from time to time/frequently/each time You access this Website so You are aware of any changes, as they are binding on You.
Wellabe® is the brand name for products and services provided by various life and health insurance companies affiliated with Company. Products and services are solely provided by the entity specified on the product or service contract. Not all products and services are available in every state. No product or service is offered or will be sold in any jurisdiction in which such offer or solicitation, purchase or sale would be unlawful under the laws of such jurisdiction. All of our insurance companies are United States companies, servicing United States residents. The information provided on this Website does not apply, nor are the products and services of Company available, to residents of any foreign country.
The product information contained within this Website is provided for informational purposes only and subject to change. An insurance policy or certificate provided by the Company to You constitutes the contract between the parties, and its terms and description of coverage, including any limitations or exclusions, shall govern. Information on this Website may be presented in summary form; if there is a discrepancy between the product information included on this Website and the contract, the contract language will prevail. You may contact Your insurance agent or contact the Company at 800-228-6080 to learn more about a particular product or service.
This Website occasionally may refer to You, a registered user, as a “member.” Any such reference relates only to Your registration on this Website and Your coverage under an insurance policy of the Company. Such reference on this Website does not mean that You possess any membership rights in Wellabe Mutual Holding Company (any such membership is conferred separately by means other than this Website).
The Terms of Use constitute the entire agreement between You and the Company regarding Your use and access of this Website and supersedes all prior agreement, representations, or understandings with respect to this Website. The Company may assign its rights and duties under the Terms of Use to any party at any time. Any provisions under the Terms of Use that can survive termination of the Terms of Use will so survive; this includes, but is not limited to, Your obligations with regard to Protected Material, Indemnification, Governing Law and Jurisdiction, Arbitration, and Limitation on Time to File Claims.
Last modified: May 25, 2023