Terms of Use
Introduction
Donald C. Savoy, Inc. (“Savoy”) welcomes you to its MySavoyBenefits Web Site (the "Site"). MySavoyBenefits is a unique partnership of licensed insurance professionals who strive to bring competitive insurance coverage to individuals, families and small employers by combining the ease of online quoting and enrollment with the personal assistance of a local benefits consultant (“Services”) subject to the following Terms of Use (“TOU”). In addition, by accessing this Site, you agree to be bound by these terms and conditions that govern your use of our Site (the "Agreement"). If you do not agree to these terms and conditions, please do not use the Site. We may from time to time change the terms and conditions that govern your use of our Site. Your use of our Site following any such change constitutes your agreement to follow and be bound by the terms and conditions as changed. Certain provisions of these terms and conditions may be superseded by expressly designated legal notices or terms located on particular pages on this Site.
Should you object to any term or condition of the TOU, any guidelines, or any subsequent modifications thereto or become dissatisfied with Savoy in any way, your only recourse is to immediately discontinue use of the Site. Savoy has the right, but is not obligated, to strictly enforce the TOU through self-help, community moderation, active investigation, litigation and prosecution.
These TOUs govern your access to and use of the Services, the Site, and any information, text, graphics, or other materials uploaded, downloaded or appearing on the Site (“Content”). Your access to and use of the Site is conditioned on your acceptance of and compliance with these TOUs. By accessing or using the Services you agree to be bound by these TOUs.
Modifications to this Agreement
We reserve the right, at our sole discretion, to change, modify or otherwise alter these terms and conditions at any time. Such modifications shall become effective immediately upon the posting thereof. You must review this agreement on a regular basis to keep yourself apprised of any changes. Even if you fail to review the TOU, you will still be bound by its terms, whether substantially changed or identical to the TOUs that were in place when you first accessed the Site.
Disclaimer
This Site and the materials herein are provided on an "as is" basis. Savoy makes no representations or warranties, either express or implied, of any kind with respect to this Site, its contents or the insurance products offered. Questions regarding a particular product should be directed either to a licensed insurance producer at Savoy by telephone or in person, or to the underwriter of the product. Savoy disclaims all such representations and warranties, express or implied, including, but not limited to, warranties of merchantability and fitness for a particular purpose. In addition, Savoy does not represent or warrant that the information accessible via this Site is accurate, complete or current. You acknowledge, by your use of the Site, that your use of the Site is at your sole risk, that you assume full responsibility for all costs associated with all necessary servicing or repairs of any equipment you use in connection with your use of our Site, and that Savoy shall not be liable for any damages of any kind related to your use of this Site. Price and availability information is subject to change without notice. Savoy has no obligation to update this Site and keep it current. It is up to you as a prudent reader to understand and determine on your own what you need to do in order to make informed decisions in connection with the insurance products offered on this site. YOUR INSURANCE POLICY, NOT THE STATEMENTS ON THIS WEB SITE, FORMS THE CONTRACT BETWEEN THE INSURED AND THE INSURER. Please contact Savoy for the most current prices, terms and availability. This Site could include technical or other inaccuracies or typographical errors. Changes are periodically added to the information herein; these changes will be incorporated in new editions of this Site. Savoy may make improvements and/or changes in the Material(s), product(s) and/or the program(s) described in this Site at any time. This Site can be accessed from all states and from other countries around the world and may contain references to MySavoyBenefits, services, products, and programs that have not been announced in your state or country. These references do not imply that Savoy intends to announce such services, products, or programs in your state or country. PLEASE CONTACT SAVOY TO DETERMINE THE AVAILABILITY OF ITS PRODUCTS, SERVICES AND PROGRAMS IN YOUR STATE OR COUNTRY. Please note, Savoy is not a licensed agent or broker in every jurisdiction. It is only licensed in New Jersey, New York, Pennsylvania, Connecticut, Illinois, Delaware, Maryland, Florida, Massachusetts, Kansas, Kentucky, Texas, Georgia, Virginia, Ohio, California and Nevada. In any jurisdiction in which Savoy is not licensed, coverage will be placed through another licensed insurance producer, whether affiliated with Savoy or otherwise.
Copyright
Except as specifically permitted herein, no portion of the Materials (as defined below) posted on this Site, including but not limited to editorial and pictorial content, may be reproduced in any form or by any means without prior written permission from Savoy. See Contacting Savoy for contacts to obtain such permission.
Savoy respects the intellectual property rights of others and expects users of the site to do the same. We will respond to notices of alleged copyright infringement that comply with applicable law and are properly provided to us. If you believe that your Content has been copied in a way that constitutes copyright infringement, please provide us with the following information: (i) a physical or electronic signature of the copyright owner or a person authorized to act on their behalf; (ii) identification of the copyrighted work claimed to have been infringed; (iii) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material; (iv) your contact information, including your address, telephone number, and an email address; (v) a statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (vi) a statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
We reserve the right to remove Content alleged to be infringing without prior notice and at our sole discretion. In appropriate circumstances, Savoy will also terminate a user’s account if the user is determined to be a repeat infringer. Our designated copyright agent for notice of alleged copyright infringement appearing on the Services is:
www.mysavoybenefits.com
25B Hanover Road, Suite 220
Florham Park, NJ
07932
Trademarks
The Mark “Savoy Associates” as used in this website is a federally registered trademark of Donald C. Savoy, Inc. as a licensed insurance producer. You are not permitted to use the Mark without the prior written consent of Donald C. Savoy, Inc.
General Use Parameters and Restrictions
Unless otherwise noted, all materials, including images, illustrations, designs, icons, photographs, audio clips, video clips, news articles, documents, products, software, services, forms and written and other materials that are part of this Site (collectively, the "Materials") are copyrights, trademarks, trade dress and/or other intellectual properties owned by, controlled by or licensed to Savoy, its affiliates or third parties. Except as stated herein under the terms of the Site, none of the Materials may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the prior express written permission of Savoy, its affiliates or any authorized Third-Party Provider, as applicable. No part of the Site, including logos, graphics, sounds, images, layout or design may be reproduced or retransmitted in any way, or by any means, without the prior express written permission of Savoy, or any authorized affiliate. You also may not, without Savoy’s prior express written permission, "mirror" any Material contained on this Site on any other server. Any use of these Materials on any other Web site or networked computer environment for any purpose is prohibited. Nothing on this Site shall be construed as conferring any license under any of Savoy’s or any Third-Party Provider's intellectual property rights, whether by estoppel, implication, or otherwise. You acknowledge sole responsibility for obtaining any such licenses. Unless otherwise indicated by the terms of the Site, permission is granted to display, copy, distribute and download Savoy’s Materials on this Site provided that: (1) both the copyright notice which appears on this Site and this permission notice appear in the Materials, (2) the use of such Materials is solely for personal, non-commercial and informational use and will not be copied or posted on any network computer or broadcast in any media, and (3) no modifications of any of the Materials are made. This permission terminates automatically without notice if you breach any of this Site's terms or conditions. Upon termination, you will immediately destroy any downloaded and printed Materials. Documents specified above do not include the design or layout of this Site or elements protected by trade dress that are protected by United States and International law and other intellectual property rights and may not be copied or imitated in whole or in part. Any unauthorized use of any Materials contained on this Site may violate copyright, trademark, and other laws, including but not limited to laws of privacy and publicity, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.
Use of Software
From time to time, software and accompanying documentation may be made available to download from this Site. Such software and documentation is the copyrighted work of Savoy, its affiliates and /or third parties. Use of any Software downloaded or accessed from this Site is governed by the terms of an end user license agreement, which accompanies or is included with such Software. You will not be able to download or install any Software that is accompanied by or includes an end user license agreement unless you agree to the terms of such end user license agreement. If you do not agree to these terms, you will not be able to use the Software.
Submissions & Third-Party Content Disclaimer
You agree that nothing submitted by you to the Site shall contain any content which: a) libels, defames, invades privacy, or is obscene, pornographic, abusive, or threatening; b) infringes any intellectual property or other right of any entity or person, including, but not limited to violating anyone's copyrights or trademarks; c) violates any law; d) advocates illegal activity; or, e) advertises or otherwise solicits funds or is a solicitation for goods or services (collectively, "Non-Approved Material"). You acknowledge that you are responsible for the Materials that you submit, and you, not Savoy, have full responsibility for the Materials, including their legality, reliability, appropriateness, originality and copyright. Materials provided by Third-Party Providers have not been independently authenticated in whole or in part by Savoy or its designated affiliates. Savoy does not provide, sell, license, or lease any of the Materials other than those specifically identified as being provided by Savoy. Anything submitted that is of a threatening or libelous nature on this Site which might be considered a violation of any law may require Savoy to report and fully cooperate with any law enforcement authorities or a court order requesting or directing Savoy to disclose the identity of anyone submitting any such Materials.
Your interactions with organizations and/or individuals found on or through the Service, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties.
You agree that MySavoyBenefits.com shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings. If there is a dispute between participants on this site, or between users and any third-party, you understand and agree that Savoy is under no obligation to become involved. In the event that you have a dispute with one or more other users, you hereby release Savoy, its officers, employees, agents and successors in rights from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and / or our service.
Indemnity
You agree to indemnify and hold Savoy, its officers, subsidiaries, affiliates, successors, assigns, directors, officers, agents, service providers, suppliers and employees, harmless from any claim or demand, including reasonable attorney fees and court costs, made by any third-party due to or arising out of Content you submit, post or make available through the Service, your use of the Service, your violation of the TOU, your breach of any of the representations and warranties herein, or your violation of any rights of another
Except as specifically stated on this Site, neither Savoy, or any of its affiliates, directors, officers, employees or other representatives will be liable for damages arising out of or in connection with the use of this Site. This is a comprehensive limitation of liability that applies to all damages of any kind, including (without limitation) compensatory, direct, indirect or consequential damages, loss of data, income or profit, loss of or damage to property and claims of third parties. You agree to defend, indemnify and hold harmless Savoy and its shareholders, officers, directors, employees, agents, distributors and affiliates (as applicable) from and against any and all third-party claims, demands, liabilities, costs, or expenses, of whatever nature, including reasonable attorney's fees, resulting from your or related to your use of the Site or your breach of any of the foregoing agreements, representations, and warranties.
Third-Party Links - Generally
This Site may contain links to third-party Web sites, which are not under the control of Savoy or its affiliates. Neither Savoy nor its affiliates, makes any representations of any kind regarding the content or appropriateness of content on such sites, and you hereby irrevocably waive any claim against Savoy with respect to such sites. When you access a third-party Web site from this Site, you leave this Site and you do so at your own risk. Neither Savoy nor its affiliates, shareholders, officers, employees, directors or other authorized representatives are responsible for the accuracy or reliability of any information, data, opinions, advice, or statements made on these other Web sites. Savoy permits or provides these links merely as a convenience. Any concerns regarding any such service or resource, or any link thereto, should be directed to the particular outside service or resource. The Site’s webmaster (Webmaster@SavoyAssociates.com) would appreciate being copied on any complaint or concern expressed to a third-party site linked to this Site so that it can be determined whether any action should or can be taken from this Site which might respond to your complaint or concern.
Third-Party Web Sites Seeking to Link
If you would like to link to the Site, please read and comply with the following guidelines and all applicable laws. A Web site that links to this Site:
- May link to, but not replicate, MySavoyBenefits content.
- Should not create a browser or border environment around MySavoyBenefits content.
- Should not imply that MySavoyBenefits is endorsing it or its products.
- Should not misrepresent its relationship with MySavoyBenefits, its shareholders, officers or directors.
- Should not present false information about MySavoyBenefits, its services or activities.
- Should not use the MySavoyBenefits logo, screen shot, splash screen or any MySavoyBenefits Marks displayed on this Site without permission from MySavoyBenefits.
- Should not be a Web site that infringes any intellectual property or other right of any entity or person, including, but not limited to violating anyone's copyrights or trademarks, violating any law or advocating illegal activity.
- Should not be a Web site that contains content that could be construed as distasteful, offensive or controversial, and should contain only content that is appropriate for all age groups.
Any Web site that creates a link to the Site which Savoy discovers violates these terms and conditions, Savoy expressly reserves the right to request that such a link be removed and to undertake whatever other action it deems appropriate.
No Endorsements
No endorsement of any third-party products or services is expressed or implied by any information, material or content referred to or included on, or linked from or to this Site, nor does the inclusion of such links imply that Savoy nor any of its affiliates or their shareholders, officers, directors, employees, or other authorized representatives endorses or accepts any responsibility for the content or uses of such linked Web sites.
The Services are not connected with or endorsed by the U.S. Government or the Federal Medicare Program
Cookies
In order to improve our Site, Savoy may use "cookies" to track your visit to the Site. A cookie, which is small amount of data that is transferred to your browser by a Web server and can only be read by the server that gave it to you, functions as your identification card, recording your passwords, purchases, and preferences. It cannot be executed as code or deliver viruses. Most browsers are initially set to accept cookies. You can set your browser to notify you when you receive a cookie, giving you the chance to decide whether or not to accept it. (Some Site pages may require authorization and if so, cookies will not be optional. Users choosing not to accept cookies will likely not be able to access those pages.) While Savoy may use cookies to track your visit to the Site and our Web servers automatically log the IP/Internet address of your computer, this information does not identify you personally and you remain anonymous unless you have otherwise provided Savoy with personal information.
Local Laws and Export Controls
Savoy controls and operates this Site from its headquarters in New Jersey and makes no representation that the Materials provided on this Site are appropriate or available for use in other locations. Savoy is only licensed to sell specific lines of insurance in the states identified on this Site (see Licensing Information). Certain insurance products identified in the Materials on this Site may not be available in one more jurisdictions where Savoy is licensed. You should contact Savoy or the underwriting insurer in question to determine if a product identified on this Site is available for purchase in your jurisdiction.
If you use this Site from other locations, you are responsible for compliance with applicable local laws, including, but not limited, to the export and import regulations of other countries. Unless otherwise explicitly stated, all marketing or promotional materials found on this Site are solely directed to Site visitors located in the United States. You acknowledge and agree that all Materials herein are subject to the U.S. Export Administration Laws and Regulations. Diversion of such Materials contrary to U.S. law is prohibited. You agree that none of the Materials, nor any direct product therefrom, is being or will be acquired for, shipped, transferred, or re-exported, directly or indirectly, to proscribed or embargoed countries or their nationals, nor be used for nuclear activities, chemical biological weapons, or missile projects unless authorized by the U.S. Government. Proscribed countries are set forth in the U.S. Export Administration Regulations. Countries subject to U.S. embargo are: Cuba, Iran, Iraq, Libya, North Korea, Syria, and the Sudan. This list is subject to change without further notice from Savoy, and you must comply with the list as it exists in fact. You certify that you are not on the U.S. Department of Commerce's Denied Persons List or affiliated lists or on the U.S. Department of Treasury's Specially Designated Nationals List. You agree to comply strictly with all U.S. export laws and assume sole responsibility for obtaining licenses to export or re-export as may be required. By downloading or using Materials, including Software from this Site, you are agreeing to the foregoing and you are warranting that you are not located in, under the control of, or a national or resident of any such country or on any such list.
Governing Law and Jurisdiction
This Site (excluding linked sites) is controlled by Savoy from its offices within the State of New Jersey, United States of America. By accessing this Site, you and Savoy agree that all matters relating to your access to, or use of, this Site shall be governed by the statutes and laws of the State of New Jersey, without regard to the conflicts of laws principles thereof. You and Savoy also agree and hereby submit to the exclusive personal jurisdiction and venue of the New Jersey Superior Court, Morris/Sussex Vicinage and the United States District of New Jersey with respect to such matters. Savoy makes no representation that materials on this Site are appropriate or available for use in other locations, and accessing them from territories where this Site's contents are illegal is prohibited. Those who choose to access this Site from other locations do so on their own initiative and are responsible for compliance with local laws.
Privacy Information Disclosure
Savoy has established a Site Privacy Policy to explain to users how their information is collected and used.
Your use of the Site or the Services signifies acknowledgement of and agreement to our Privacy Policy. You further acknowledge and agree that Savoy may, in its sole discretion, preserve or disclose your Content, as well as your information, such as email addresses, IP addresses, timestamps, and other user information, if required to do so by law or in the good-faith belief that such preservation or disclosure is reasonably necessary to: comply with legal process; enforce the TOU; respond to claims that any Content violates the rights of third-parties; respond to claims that contact information (e.g. phone number, street address) of a third-party has been posted or transmitted without their consent or as a form of harassment; protect the rights, property, or personal safety of MySavoyBenefits.com, its users or the general public. Click here to access Savoy’s privacy policy.
No Spam Policy
You understand and agree that sending unsolicited email advertisements to mysavoybenefits.com email addresses or through Savoy computer systems, which is expressly prohibited by these Terms, will use or cause to be used servers located in Florham Park, New Jersey. Any unauthorized use of mysavoybenefits.com computer systems is a violation of these Terms and certain federal and state laws, including without limitation the Computer Fraud and Abuse Act (18 U.S.C.Â. § 1030 et seq.). Such violations may subject the sender and his or her agents to civil and criminal penalties. By violating this policy, you consent to personal jurisdiction in the State of New Jersey.
Limitation on Service
You acknowledge that Savoy may establish limits concerning use of the Service, including the maximum number of days that Content will be retained by the Service, the maximum number and size of postings, email messages, or other Content that may be transmitted or stored by the Service, and the frequency with which you may access the Service.
You agree that Savoy has no responsibility or liability for the deletion or failure to store any Content maintained or transmitted by the Site. You acknowledge that Savoy reserves the right at any time to modify or discontinue the Services (or any part thereof) with or without notice, and that Savoy shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Services.
Disclaimer of Warranties
YOU AGREE THAT USE OF THE SITE (WWW.MYSAVOYBENEFITS.COM) AND THE SERVICES IS ENTIRELY AT YOUR OWN RISK. THE SITE AND THE SERVICES ARE PROVIDED ON AN "AS IS" OR "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND. ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE FULLEST EXTENT PERMITTED BY LAW, SAVOY DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY, AND PERFORMANCE OF THE SITE AND THE SERVICES. TO THE FULLEST EXTENT PERMITTED BY LAW, SAVOY DISCLAIMS ANY WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE SITE OR THE SERVICES, OR ACCESSED THROUGH ANY LINKS ON THE SITE. TO THE FULLEST EXTENT PERMITTED BY LAW SAVOY DISCLAIMS ANY WARRANTIES FOR VIRUSES OR OTHER HARMFUL COMPONENTS IN CONNECTION WITH THE SITE OR THE SERVICES. SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES. IN SUCH JURISDICTIONS, SOME OF THE FOREGOING DISCLAIMERS MAY NOT APPLY TO YOU INSOFAR AS THEY RELATE TO IMPLIED WARRANTIES.
Limitations of Liability
UNDER NO CIRCUMSTANCES SHALL SAVOY BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF MYSAVOYBENEFITS.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY ASPECT OF YOUR USE OF SITE OR THE SERVICES, WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE SITE OR THE SERVICES, FROM INABILITY TO USE THE SITE OR THE SERVICES, OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE SITE OR THE SERVICES. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE SITE OR THE SERVICE OR ANY LINKS ON THE SITE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH SITE OR THE SERVICES OR ANY LINKS ON THE SITE. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. IN SOME JURISDICTIONS, LIMITATIONS OF LIABILITY ARE NOT PERMITTED. IN SUCH JURISDICTIONS, SOME OF THE FOREGOING LIMITATION MAY NOT APPLY TO YOU.
Termination
This Agreement is effective unless and until terminated by either you or Savoy. You may terminate this Agreement at any time. Savoy also may terminate this Agreement at any time and may do so immediately without notice, and accordingly deny you access to the Site, if in Savoy‘s sole discretion you fail to comply with any term or provision of this Agreement. Upon any termination of this Agreement by either you or Savoy, you must promptly destroy all materials downloaded or otherwise obtained from this Site, as well as all copies of such materials, whether made under the terms of this Agreement or otherwise.