Terms and
Conditions ("Terms")
Please read
these terms and conditions carefully before using Our Service.
Interpretation
and Definitions
Interpretation
The words of
which the initial letter is capitalized have meanings defined under the
following conditions. The following definitions shall have the same meaning
regardless of whether they appear in singular or in plural.
Definitions
For the
purposes of these Terms and Conditions:
● "Application"
means the software program provided by the Company downloaded by You on any
electronic device, named My Insurance Cards (MIC)
● "Application
Store" means the digital distribution service operated and developed by
Apple Inc. (Apple App Store) or Google Inc. (Google Play Store) in which the
Application has been downloaded.
● "Affiliate"
means an entity that controls, is controlled by or is under common control with
a party, where "control" means ownership of 50% or more of the
shares, equity interest or other securities entitled to vote for election of
directors or other managing authority.
● "Account"
means a unique account created for You to access our Service or parts of our
Service.
● "Company"
(referred to as either "the Company", "We", "Us"
or "Our" in this Agreement) refers to Messer Financial Group.
● "Country"
refers to United States of America.
● "Content"
refers to content such as text, images, or other information that can be
posted, uploaded, linked to or otherwise made available by You, regardless of
the form of that content.
● "Device"
means any device that can access the Service such as a computer, a cell phone
or a digital tablet.
● "Feedback"
means feedback, innovations or suggestions sent by You regarding the
attributes, performance or features of our Service.
● "Service"
refers to the app.
● "PII"
refers to Personally Identifiable Information and includes any information that
can be used to identify a person. This information can be direct or
indirect, and can be stored in many forms, including paper and electronic media.
● "Terms
and Conditions" (also referred as "Terms") mean these Terms and
Conditions that form the entire agreement between You and the Company regarding
the use of the Service.
● "Third-party
Social Media Service" means any services or content (including data,
information, products or services) provided by a third-party that may be
displayed, included or made available by the Service.
● "Website"
refers to myinsurancecards.app
● "You"
means the individual accessing or using the Service, or the company, or other
legal entity on behalf of which such individual is accessing or using the
Service, as applicable.
Acknowledgment
These are
the Terms and Conditions governing the use of this Service and the agreement
that operates between You and the Company. These Terms and Conditions set out
the rights and obligations of all users regarding the use of the Service.
Your access
to and use of the Service is conditioned on Your acceptance of and compliance
with these Terms and Conditions. These Terms and Conditions apply to all
visitors, users and others who access or use the Service.
By accessing
or using the Service You agree to be bound by these Terms and Conditions. If
You disagree with any part of these Terms and Conditions
then You may not access the Service.
You
represent that you are over the age of 18. The Company does not permit those
under 18 to use the Service.
Your access
to and use of the Service is also conditioned on Your acceptance of and
compliance with the Privacy Policy of the Company. Our Privacy Policy describes
Our policies and procedures on the collection, use and disclosure of Your
personal information when You use the Application or the Website and tells You
about Your privacy rights and how the law protects You. Please read Our Privacy
Policy carefully before using Our Service.
Protection
of Personal Identifiable Information
User
acknowledges this application contains private, personally identifiable
information. Further, User commits to take every reasonable effort to protect
the information contained within this app and to prevent the disclosure of any
confidential information to anyone other than the intended party for which the
information is available.
You are
responsible for safeguarding the password that You use to access the Service
and for any activities or actions under Your password.
You agree
not to disclose Your password to any third party. You must notify Us
immediately upon becoming aware of any breach of security or unauthorized use
of Your account.
Steps to prevent disclosure of confidential information:
● Locking the app when not in use.
● Preventing anyone other than the intended user from
seeing information on the app.
● Not sharing information contained within the app
● Never providing passwords used to access the app for
anyone else to use.
● Immediately updating your password if you suspect
your password has been compromised
If you feel
information contained within the app is obtained by anyone not given access to
the app You agree to contact Company immediately to disclose any possible
breach of information, whether or not confidential in
nature.
User
Accounts
When You
create an account with Us, You must provide Us
information that is accurate, complete, and current at all times. Failure to do
so constitutes a breach of the Terms, which may result in immediate termination
of Your account on Our Service.
Copyright
Policy
Intellectual Property Infringement
We respect
the intellectual property rights of others. It is Our policy to respond to any
claim that Content posted on the Service infringes a copyright or other
intellectual property infringement of any person.
If You are a
copyright owner, or authorized on behalf of one, and You believe that the
copyrighted work has been copied in a way that constitutes copyright
infringement that is taking place through the Service, You must submit Your
notice in writing to the attention of our copyright agent via email [email protected] and include in Your notice a
detailed description of the alleged infringement.
You may be
held accountable for damages (including costs and attorneys' fees) for
misrepresenting that any Content is infringing Your copyright.
DMCA Notice
and DMCA Procedure for Copyright Infringement Claims
You may
submit a notification pursuant to the Digital Millennium Copyright Act (DMCA)
by providing our Copyright Agent with the following information in writing (see
17 U.S.C 512(c)(3) for further details)
Intellectual
Property
The Service
and its original content, features and functionality are and will remain the
exclusive property of the Company and its licensors.
The Service
is protected by copyright, trademark, and other laws of both the Country and
foreign countries.
Our
trademarks and trade dress may not be used in connection with any product or
service without the prior written consent of the Company.
Your
Feedback to Us
You assign
all rights, title and interest in any Feedback You provide the Company. If for
any reason such assignment is ineffective, You agree
to grant the Company a non-exclusive, perpetual, irrevocable, royalty free,
worldwide right and license to use, reproduce, disclose, sub-license,
distribute, modify and exploit such Feedback without restriction.
Links to
Other Websites
Our Service
may contain links to third-party web sites or services that are not owned or
controlled by the Company.
The Company
has no control over, and assumes no responsibility for, the content, privacy
policies, or practices of any third party web sites or
services. You further acknowledge and agree that the Company shall not be
responsible or liable, directly or indirectly, for any damage or loss caused or
alleged to be caused by or in connection with the use of or reliance on any
such content, goods or services available on or through any such web sites or
services.
We strongly
advise You to read the terms and conditions and privacy policies of any
third-party web sites or services that You visit.
Termination
We may
terminate or suspend Your Account immediately, without prior notice or
liability, for any reason whatsoever, including without limitation if You
breach these Terms and Conditions.
Upon
termination, Your right to use the Service will cease
immediately. If You wish to terminate Your Account, You
may simply discontinue using the Service.
Limitation
of Liability
Notwithstanding
any damages that You might incur, the entire liability of the Company and any
of its suppliers under any provision of this Terms and Your exclusive remedy
for all of the foregoing shall be limited to the
amount actually paid by You through the Service or $100.00 if You haven't
purchased anything through the Service.
To the
maximum extent permitted by applicable law, in no event shall the Company or
its suppliers be liable for any special, incidental, indirect, or consequential
damages whatsoever (including, but not limited to, damages for loss of profits,
loss of data or other information, for business interruption, for personal
injury, loss of privacy arising out of or in any way related to the use of or
inability to use the Service, third-party software and/or third-party hardware
used with the Service, or otherwise in connection with any provision of this
Terms), even if the Company or any supplier has been advised of the possibility
of such damages and even if the remedy fails of its essential purpose.
Some states
do not allow the exclusion of implied warranties or limitation of liability for
incidental or consequential damages, which means that some of the above
limitations may not apply. In these states, each party's liability will be
limited to the greatest extent permitted by law.
"AS IS" and "AS
AVAILABLE" Disclaimer
The Service
is provided to You "AS IS" and "AS AVAILABLE" and with all
faults and defects without warranty of any kind. To the maximum extent
permitted under applicable law, the Company, on its own behalf and on behalf of
its Affiliates and its and their respective licensors and service providers,
expressly disclaims all warranties, whether express, implied, statutory or
otherwise, with respect to the Service, including all implied warranties of
merchantability, fitness for a particular purpose, title and non-infringement,
and warranties that may arise out of course of dealing, course of performance,
usage or trade practice. Without limitation to the foregoing, the Company
provides no warranty or undertaking, and makes no representation of any kind
that the Service will meet Your requirements, achieve any intended results, be
compatible or work with any other software, applications, systems or services,
operate without interruption, meet any performance or reliability standards or
be error free or that any errors or defects can or will be corrected.
Without
limiting the foregoing, neither the Company nor any of the company's provider
makes any representation or warranty of any kind, express or implied: (i) as to
the operation or availability of the Service, or the information, content, and
materials or products included thereon; (ii) that the Service will be
uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency
of any information or content provided through the Service; or (iv) that the
Service, its servers, the content, or e-mails sent from or on behalf of the
Company are free of viruses, scripts, trojan horses, worms, malware, timebombs
or other harmful components.
Some
jurisdictions do not allow the exclusion of certain types of warranties or
limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to
You. But in such a case the exclusions and limitations set forth in this
section shall be applied to the greatest extent enforceable under applicable
law.
Governing
Law
The laws of
the State of North Carolina, excluding its conflicts of law rules, shall govern
this Terms and Your use of the Service. Your use of the Application may also be
subject to additional local, state, national, or international laws.
Disputes
Resolution
If You have
any concern or dispute about the Service, You agree to
first try to resolve the dispute informally by contacting the Company.
Legal
Compliance
You
represent and warrant that (i) You are not located in a country that is subject
to the United States government embargo, or that has been designated by the
United States government as a "terrorist supporting" country, and
(ii) You are not listed on any United States government list of prohibited or
restricted parties. (iii) Further, you agree not to access any information from
the Service outside of the United States nor share any information with any
person or entity outside of the United States.
Severability
and Waiver
Severability
If any
provision of these Terms is held to be unenforceable or invalid, such provision
will be changed and interpreted to accomplish the objectives of such provision
to the greatest extent possible under applicable law and the remaining
provisions will continue in full force and effect.
Waiver
Except as
provided herein, the failure to exercise a right or to require performance of
an obligation under these Terms shall not effect a
party's ability to exercise such right or require such performance at any time
thereafter nor shall the waiver of a breach constitute a waiver of any
subsequent breach.
Changes to
These Terms and Conditions
We reserve
the right, at Our sole discretion, to modify or replace these Terms at any
time. If a revision is material We will make
reasonable efforts to provide at least 30 days' notice prior to any new terms
taking effect. What constitutes a material change will be determined at Our
sole discretion.
By
continuing to access or use Our Service after those revisions become effective,
You agree to be bound by the revised terms. If You do
not agree to the new terms, in whole or in part, please stop using the website
and the Service.
Contact Us
If you have
any questions about these Terms and Conditions, You
can contact us:
● By sending us an email: [email protected]
Privacy
Policy
This Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your information when You use the Service and tells You about Your privacy rights and how the law protects You.
We use Your Personal data to provide and improve the Service. By using the Service, You agree to the collection and use of information in accordance with this Privacy Policy.
Interpretation
and Definitions
Interpretation
The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.
Definitions
For the purposes of this Privacy Policy:
● "Account" means a unique account created for You to access our Service or parts of our Service.
● "Application" means the software program provided by the Company downloaded by You on any electronic device, named My Insurance Cards (MIC)
● "Company" (referred to as either "the Company", "We", "Us" or "Our" in this Agreement) refers to Messer Financial Group.
● "Country" refers to United States of America,
● "Cookies" are small files that are placed on Your computer, mobile device or any other device by a website, containing the details of Your browsing history on that website among its many uses.
● "Device" means any device that can access the Service such as a computer, a cell phone or a digital tablet.
● "Personal Data" is any information that relates to an identified or identifiable individual.
● "Service" refers to the Website.
● "Service Provider" means any natural or legal person who processes the data on behalf of the Company. It refers to third-party companies or individuals employed by the Company to facilitate the Service, to provide the Service on behalf of the Company, to perform services related to the Service or to assist the Company in analyzing how the Service is used.
● "Usage Data" refers to data collected automatically, either generated by the use of the Service or from the Service infrastructure itself (for example, the duration of a page visit).
● "You" means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.
Collecting
and Using Your Personal Data
Types of
Data Collected
Personal Data
While using Our Service, We may ask You to provide Us with certain personally identifiable information that can be used to contact or identify You. Personally identifiable information may include, but is not limited to:
● Email address
● First name and last name
● Phone number
● Address, State, Province, ZIP/Postal code, City
● Usage Data
Usage Data
Usage Data is collected automatically when using the Service.
Usage Data may include information such as Your Device's Internet Protocol address (e.g. IP address), browser type, browser version, the pages of our Service that You visit, the time and date of Your visit, the time spent on those pages, unique device identifiers and other diagnostic data.
When You access the Service by or through a mobile device, We may collect certain information automatically, including, but not limited to, the type of mobile device You use, Your mobile device unique ID, the IP address of Your mobile device, Your mobile operating system, the type of mobile Internet browser You use, unique device identifiers and other diagnostic data.
We may also collect information that Your browser sends whenever You visit our Service or when You access the Service by or through a mobile device.
Use of
Your Personal Data
The Company may use Personal Data for the following purposes:
● To provide and maintain our Service, including to monitor the usage of our Service.
● To manage Your Account: to manage Your registration as a user of the Service. The Personal Data You provide can give You access to different functionalities of the Service that are available to You as a registered user.
● For the performance of a contract: the development, compliance and undertaking of the purchase contract for the products, items or services You have purchased or of any other contract with Us through the Service.
● To contact You: To contact You by email, telephone calls, SMS, or other equivalent forms of electronic communication, such as a mobile application's push notifications regarding updates or informative communications related to the functionalities, products or contracted services, including the security updates, when necessary or reasonable for their implementation.
● To manage Your requests: To attend and manage Your requests to Us.
● For other purposes: We may use Your information for other purposes, such as data analysis, identifying usage trends, determining the effectiveness of our promotional campaigns and to evaluate and improve our Service, products, services, marketing and your experience.
We may share Your personal information in the following situations:
● With Service Providers: We may share Your personal information with Service Providers to monitor and analyze the use of our Service, for payment processing, to contact You.
● With business partners: We may share Your information with Our business partners to offer You certain products, services or promotions.
● With Your consent: We may disclose Your personal information for any other purpose with Your consent.
Retention
of Your Personal Data
The Company will retain Your Personal Data only for as long as is necessary for the purposes set out in this Privacy Policy. We will retain and use Your Personal Data to the extent necessary to comply with our legal obligations (for example, if we are required to retain your data to comply with applicable laws), resolve disputes, and enforce our legal agreements and policies.
The Company will also retain Usage Data for internal analysis purposes. Usage Data is generally retained for a shorter period of time, except when this data is used to strengthen the security or to improve the functionality of Our Service, or We are legally obligated to retain this data for longer time periods.
Transfer
of Your Personal Data
Your information, including Personal Data, is processed at the Company's operating offices and in any other places where the parties involved in the processing are located. It means that this information may be transferred to — and maintained on — computers located outside of Your state, federal, or other governmental jurisdiction where the data protection laws may differ than those from Your jurisdiction.
Your consent to this Privacy Policy followed by Your submission of such information represents Your agreement to that transfer.
The Company will take all steps reasonably necessary to ensure that Your data is treated securely and in accordance with this Privacy Policy and no transfer of Your Personal Data will take place to an organization unless there are adequate controls in place including the security of Your data and other personal information.
Disclosure
of Your Personal Data
Law
enforcement
Under certain circumstances, the Company may be required to disclose Your Personal Data if required to do so by law or in response to valid requests by public authorities (e.g. a court or a government agency).
Other legal
requirements
The Company may disclose Your Personal Data in the good faith belief that such action is necessary to:
● Comply with a legal obligation
● Protect and defend the rights or property of the Company
● Prevent or investigate possible wrongdoing in connection with the Service
● Protect the personal safety of Users of the Service or the public
● Protect against legal liability
Security
of Your Personal Data
The security of Your Personal Data is important to Us, but remember that no method of transmission over the Internet, or method of electronic storage is 100% secure. While We use commercially acceptable means to protect Your Personal Data, We cannot guarantee its absolute security.
Detailed
Information on the Processing of Your Personal Data
The Service Providers We use may have access to Your Personal Data. These third-party vendors collect, store, use, process and transfer information about Your activity on Our Service in accordance with their Privacy Policies.
Analytics
We may use third-party Service providers to monitor and analyze the use of our Service.
Email
Marketing
We may use Your Personal Data to contact You with newsletters, marketing or promotional materials and other information that may be of interest to You. You may opt-out of receiving any, or all, of these communications from Us by following the unsubscribe link or instructions provided in any email We send or by contacting Us.
Children's
Privacy
Any personally identifiable information associated with anyone under the age of 18 is strictly for insurance enrollment purposes. We do not collect personally identifiable information from anyone under the age of 18 except as permitted by law and as strictly necessary to determine dependency status.
CCPA Privacy
Your Rights under
the CCPA
Under
this Privacy Policy, and by law if you are a resident of California, you have
the following rights:
Exercising Your
CCPA Data Protection Rights
In order to exercise any
of your rights under the CCPA, and if you are a California resident, you can
email Us.
The
Company will disclose and deliver the required information free of charge
within 45 days of receiving your verifiable request. The time period to provide
the required information may be extended once by an additional 45 days when
reasonably necessary and with prior notice.
Do Not Sell My
Personal Information
We
do not sell personal information.
Mobile Devices
Your mobile device may give you the ability to opt out of
the use of information about the apps you use in order to serve you ads that
are targeted to your interests:
You
can also stop the collection of location information from your mobile device by
changing the preferences on your mobile device.
"Do Not
Track" Policy as Required by California Online Privacy Protection Act (CalOPPA)
Our
Service does not respond to Do Not Track signals.
However,
some third-party websites do keep track of your browsing activities. When using
the app be sure to set your phone to "Do Not Track".
Your California
Privacy Rights (California's Shine the Light law)
Under
California Civil Code Section 1798 (California's Shine the Light law),
California residents with an established business relationship with us can
request information once a year about sharing their Personal Data with third
parties for the third parties' direct marketing purposes.
If
you'd like to request more information under the California Shine the Light
law, and if you are a California resident, you can contact Us.
California
Privacy Rights for Minor Users (California Business and Professions Code
Section 22581)
California
Business and Professions Code section 22581 allow California residents under
the age of 18 who are registered users of online sites, services or
applications to request and obtain removal of content or information they have
publicly posted. To request removal of such data, and if you are a California
resident, you can contact Us.
Be
aware that your request does not guarantee complete or comprehensive removal of
content or information posted online and that the law may not permit or require
removal in certain circumstances.
Links to
Other Websites
Our Service may contain links to other websites that are not operated by Us. If You click on a third party link, You will be directed to that third party's site. We strongly advise You to review the Privacy Policy of every site You visit.
We have no control over and assume no responsibility for the content, privacy policies or practices of any third party sites or services.
Changes
to this Privacy Policy
We may update Our Privacy Policy from time to time. We will notify You of any changes by posting the new Privacy Policy on this page.
We will let You know via email and/or a prominent notice on Our Service, prior to the change becoming effective and update the "Last updated" date at the top of this Privacy Policy.
You are advised to review this Privacy Policy periodically for any changes. Changes to this Privacy Policy are effective when they are posted on this page.
Contact
Us
If you have any questions about this Privacy Policy, You can contact us:
● By sending us an email: [email protected]