Terms of Use
HERM-E Disclaimer
HERM-E is an AI assistant designed to support MDA Insurance & Financial Group (“MDAIFG”) members with information and guidance. It is for informational purposes only and is not a substitute for professional judgment. Always verify important details and consult qualified professionals before making clinical, legal, insurance, financial, or business decisions. MDAIFG is not responsible for any actions taken based on HERM-E’s suggestions. Your use of the MDAIFG website constitutes your agreement to all such terms, conditions and notices. If you do not agree to these Terms of Use, do not use the MDAIFG website or HERM-E.
Terms of Use
Your use of mdaprograms.com (the “Website”) is subject to the terms and conditions (the “Terms”) set forth below. By accessing the Website or using any MDA Insurance & Financial Group (“MDAIFG”) service available by or through the Website (“Services”), you, the user (“you” or “user”) agree that you are bound by these Terms and by all applicable laws and regulations. If you do not agree with any of these Terms, you must leave this Website immediately. The data and information contained on or within the Website are protected by applicable copyright and trademark law. This Website includes (a) the Website, (b) all information included on the Website, and (c) any services accessible via the Website. This Website and your use of it are also subject to, and governed by MDAIFG’s Privacy Policy (“Privacy Notice”), to the extent applicable. If you have any questions or concerns regarding your use of the Website, you may email us at: rdarling@MDAIFG.com
Use of the Website & Services
You must be at least 18 years old to use the Website or Services. By using the Website and Services, you state that:
- You can form a binding contract with MDAIFG.
- You are not a person who is barred from receiving the Services under the laws of the United States or any other applicable jurisdiction.
- You will comply with these Terms and all applicable local, state, national, and international laws, rules, and regulations.
If you are using the Website or Services on behalf of a business or some other entity, you state that you are authorized to agree to these Terms on behalf of the business or entity and bind them to the same.
By using the Website you agree not to upload, post, e-mail or otherwise send or transmit any material that contains viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment associated with the Website. You also agree not to interfere with the servers or networks connected to the Website or to violate any of the procedures, policies, or regulations of networks connected to the Website. You also agree not to: (1) impersonate any other person while using the Website; (2) use the Website for any unlawful purpose, including but not limited to infringing on any third-party intellectual property in violation of applicable copyright or trademark laws; or (3) resell or export the software associated with the Website.
Use of AI Services
The MDAIFG website may include an AI-powered knowledge assistant (“HERM-E”). HERM-E is intended as a supplementary tool for convenience and general information and is not a substitute for professional judgment, insurance, dental, medical or legal advice, or expert consultation. HERM-E is a third-party service and its use is also governed by the terms of the third-party provider (Betty AI). If the BettyAI’s terms conflict with these Terms, these Terms control as between you and MDAIFG. MDAIFG does not control, and is not responsible for, the acts, omissions, or data practices of the BettyAI. By continuing to use MDAIFG’s website(s), you expressly acknowledge and agree to the third-party provider’s terms for using HERM-E.
Modification and Incorporation of Terms
MDAIFG reserves the right to change these Terms from time to time in its sole and absolute discretion without prior advance notice. Your use of the Website will be subject to the most current version of the Terms posted on the Website at the time of such use. You agree to periodically review these Terms to ensure that you are aware of any changes to them. In addition, you shall be subject to any posted guidelines or rules that may contain terms and conditions in addition to those in these Terms, including but not limited to the afore-mentioned Privacy Notice, as may be further modified. All such guidelines or rules are hereby incorporated by reference into these Terms. If you breach any of these Terms, your authorization to use this Website automatically terminates, and you must destroy all information obtained from the Website and all copies thereof, whether made under the terms herein or otherwise. You remain bound by the Terms with respect to usage that occurred while your authorization to use this Website was in effect.
Intellectual Property
MDAIFG and/or its licensors are the sole owners of the Website, which includes any software, method of doing business, domains, and content made available through the Website. Except as expressly authorized by MDAIFG, you agree not to reproduce, modify, rent, lease, loan, sell, distribute, mirror, frame, republish, download, transmit, or create derivative works of any content on the Website. You may not remove, use, or alter any MDAIFG Trademarks (as hereinafter defined) without MDAIFG’s prior written consent. “MDAIFG Trademarks” means all names, marks, brands, logos, designs, trade dress, slogans, or other designation that MDAIFG uses in connection with its products and services. You expressly acknowledge MDAIFG’s rights in the MDAIFG Trademarks and agree that any use of the MDAIFG Trademarks by you will inure to MDAIFG’s sole benefit. You agree not to incorporate any MDAIFG Trademarks into your trademarks, service marks, company names, web addresses, domain names, or any other similar designations, for use on or in connection with any products, services, or technologies. All other trademarks not owned by MDAIFG that appear in connection with the Website are the property of their respective owners, who may or may not be affiliated with, connected to or sponsored by MDAIFG. Unless explicitly stated herein, nothing in these Terms may be construed as conferring any license to intellectual property rights.
Restrictions on Use
Except as otherwise indicated elsewhere on this Website, you may view, download, use or print the information available on this Website subject to the following conditions:
- The information may be used solely for personal, informational, internal, non-commercial purposes.
- The information may not be modified or altered in any way.
- The information may not be distributed by you to others.
- You may not remove any copyright or other proprietary notices contained in the information.
Additionally, you may not use this website or HERM-E for:
- Generating illegal, defamatory, or harmful content.
- Attempting to bypass safety filters or limitations.
- Reverse engineering this website or HERM-E AI, including its underlying AI model or algorithms.
- Submitting protected health information, patient-identifiable information, Social Security numbers, financial account numbers, insurance policy or claim details, or other confidential or sensitive information of any person to HERM-E.
- Scraping, harvesting, or using any robot, spider, or other automated means to access or collect content or data from this website, except as MDAIFG expressly permits in writing.
MDAIFG reserves the right to revoke your authorization to view, download, use or print the information available on this Website at any time, and any such use shall be discontinued immediately upon written notice from MDAIFG. You may not view, download, use or print the information except as expressly authorized by these Terms and, in any event, you may not distribute, modify, transmit, copy or publicly display the information without the written permission of MDAIFG.
Disclaimer
The information or Services made available on this Website is presented for informational purposes, and only contains general information about insurance policies, rates, and coverages that may be available to purchase. Actual coverage provided to you by any insurer under a policy is subject to the terms and conditions of the applicable insurance policy. Nothing herein shall constitute a promise, representation, warranty or covenant that you are eligible for any type of insurance or coverage thereunder.
Information on the Website and from HERM-E is not an offer or solicitation to sell insurance in any jurisdiction in which MDAIFG or the applicable insurer is not authorized to do so, and is not insurance, legal, tax, financial, [medical/dental], or other professional advice. Submitting an inquiry, application, or request through the Website or HERM-E does not bind, change, or confirm coverage. Coverage is effective only when confirmed in writing by the insurer, and the terms of the applicable policy control. Do not use the Website or HERM_E to report a claim, request a change to coverage, or give notice to an insurer; contact MDAIFG or the insurer directly using the contact information in your policy documents.
Use of the Website or HERM-E does not create an insurance producer–client, provider–patient, or other professional relationship except as stated in a separate written agreement.
Further, although MDAIFG strives to provide Services and information that is both useful and accurate, laws, regulations, data, and other information change frequently and are subject to varying interpretations. In addition, the facts and circumstances of every situation differ. Accordingly, the information on the Website may not be up to date, accurate, or complete. MDAIFG may make changes to the Services and information contained on this Website at any time without notice. In addition, portions of the information on the Website have been contributed to the Website by various industry specialists and service providers. The inclusion of such information does not indicate any approval or endorsement of such providers, and MDAIFG expressly disclaims any liability with respect to the foregoing.
Assumption of Risk
You acknowledge and agree that you should not rely on the Website as a substitute for professional advice or for the terms of any insurance policy. You further acknowledge that you are solely responsible for maintaining and protecting backup copies of data and information that you create or retrieve through the Website; MDAIFG’s handling of personal information you submit is described in the Privacy Notice. You acknowledge that MDAIFG makes no representation that (a) the Website will be uninterrupted, secure, or error-free; (b) the results obtained from use of the Website will be accurate or reliable; or (c) any errors on the Website will be corrected.
No Warranties
YOU ACKNOWLEDGE AND AGREE THAT YOU AGREE THAT YOUR USE OF THE WEBSITE AND SERVICES IS AT YOUR SOLE AND ABSOLUTE RISK. THE WEBSITE, THE SERVICES AND ALL INFORMATION CONTAINED, ON, IN, OR LINKED ON THIS WEBSITE ARE PROVIDED ON AN “AS IS”, “WHERE IS”, “AS AVAILABLE” BASIS, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. ALL WARRANTIES ARE HEREBY DISCLAIMED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, MDAIFG MAKES NO WARRANTY THAT 1) THE WEBSITE AND SERVICES WILL MEET YOUR REQUIREMENTS, 2) THE WEBSITE AND SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, 3) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE AND SERVICES WILL BE EFFECTIVE, ACCURATE, OR RELIABLE, OR 4) THE QUALITY OF ANY SERVICES OBTAINED BY YOU FROM THE WEBSITE WILL MEET YOUR EXPECTATIONS. YOU ASSUME ALL RISK FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM USING THE WEBSITE, INCLUDING ANY DAMAGES OR LOSS OF INFORMATION RESULTING FROM COMPUTER VIRUSES.
Waiver and Limitation of Liability
THE INFORMATION, SOFTWARE, PRODUCTS AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE MDAIFG WEBSITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. AI-GENERATED CONTENT MAY BE INACCURATE, INCOMPLETE, OR CONTAIN ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. MDAIFG AND/OR ITS AFFILIATES MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE MDAIFG WEBSITE AT ANY TIME. ADVICE RECEIVED VIA THE MDAIFG WEBSITE SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION. ANY INFORMATION OR GUIDANCE PROVIDED BY HERM-E IS NOT DENTAL, MEDICAL, OR LEGAL ADVICE. THE VIEWS, OPINIONS, OR INFORMATION PRESENTED BY HERM-E DO NOT NECESSARILY REFLECT THE OFFICIAL POSITION OR ENDORSEMENT OF MDAIFG.
MDAIFG AND/OR ITS AFFILIATES MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE MDAIFG WEBSITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. MDAIFG AND/OR ITS AFFILIATES HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
To the maximum extent permitted by applicable law, you agree that MDAIFG, its affiliates, subsidiaries, and their respective agents, officers, directors, insurers, owners or suppliers shall not have any liability to you under any theory of liability or indemnity in connection with your access to or use of this Website or any website referenced in or linked to or from this Website.
IN NO EVENT SHALL MDAIFG, ITS AFFILIATES, SUBSIDIARIES, AND THEIR RESPECTIVE AGENTS, OFFICERS, DIRECTORS, INSURERS, EMPLOYEES, OWNERS, OR SUPPLIERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA, COMPUTER OR SOFTWARE DAMAGE, PROFITS, OR IDENTITY THEFT, EVEN IF YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS WEBSITE OR OF ANY WEBSITE REFERENCED OR LINKED TO FROM THIS WEBSITE. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE WEBSITE, INFORMATION OR ANY LINKED SITE IS TO STOP USING THE WEBSITE, INFORMATION OR SERVICES, AS APPLICABLE.
Notwithstanding the foregoing paragraph, in the event that any of the parties identified above is found liable to you for any reason whatsoever (including if the foregoing paragraph is found unenforceable), you agree that the total aggregate liability of any such party and their respective agents, officers, directors, insurers, owners or suppliers, if any, for losses and damages suffered by you arising out of or connected with your use of or access to this Website shall not exceed one hundred ($100) dollars. Nothing in these Terms excludes or limits liability that cannot be excluded or limited under applicable law, including liability for gross negligence or willful misconduct. The limitations in this section apply to your use of the Website and HERM-E; they do not limit an insurer’s obligations under any insurance policy or any party’s obligations under a separate written agreement.
Conduct
You are responsible for any activity from your device on the Website, whether or not you authorized that activity. You acknowledge that email and other communications that you send to us outside the Website’s secure forms may not be encrypted, and you should not send Social Security numbers, financial account numbers, or health information by unencrypted email.
Member Accounts. If you create or are issued a member account, you must provide accurate information, keep your log-in credentials confidential, and not share them. You are responsible for all activity under your account. Notify MDAIFG promptly at the contact address above if you believe your credentials have been compromised or used without authorization. MDAIFG may suspend or terminate any account at any time as described under “Termination” below.
Indemnity
You agree to indemnify and hold the MDAIFG harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your violation of the Terms, your submission of information prohibited by these Terms, or your violation of any rights of another or of any law. This section does not apply to the extent a claim arises from the gross negligence or willful misconduct of the party seeking indemnification.
Links to the Other Websites
This Website contains links to third-party websites that are not under the control of MDAIFG. MDAIFG makes no representations whatsoever about any other website you may access through this Website. When you access a non-MDAIFG website, you do so at your own risk, and MDAIFG is not responsible for the accuracy or reliability of any information, data, opinions, advice, or statements made on these sites or for the quality of any products or services available on such sites. MDAIFG provides these links merely as a convenience, and the inclusion of such links does not imply that MDAIFG endorses or accepts any responsibility for the content or uses of such websites.
Information, Privacy, and Content Submission
By using the Website, you may submit your personal information or the personal information of others to MDAIFG, or you may have access to the personal information of others through use of the Website. As noted above, any information that you submit or that MDAIFG collects when you are using the Website is subject to the Privacy Notice. Subject to the terms of the Privacy Notice, MDAIFG may need your permission to do certain things that you ask it to do with your information or the information of others. You agree that MDAIFG needs to do those things solely to provide its Services to you, and you give MDAIFG permission to do so. You agree that you are solely responsible for the content you submit to the Website. For example, it is your responsibility to ensure that you have the rights or permission needed to comply with these Terms and with the Privacy Notice. You may submit another person’s personal information only if you are authorized to do so, and you are responsible for any claim arising from a submission made without that authority. If any of the content that you use in connection with the Website is the protected intellectual property of others, you are responsible for and liable for how you use that content. You agree that MDAIFG is free to use any comments, feedback, suggestions, or ideas that you send to MDAIFG (but not personal information, which is governed by the Privacy Notice) without compensation, acknowledgement, or payment to you for any purpose whatsoever, including, but not limited to, developing, manufacturing, and marketing products and services and creating, modifying, or improving the Website or other products or services.
Materials Provided to MDAIFG or Posted at any MDAIFG Website
MDAIFG does not claim ownership of the materials you provide to MDAIFG (including feedback and suggestions) or post, upload, input or submit to any MDAIFG website or its associated services (collectively “Submissions”). “Input,” as that term is used in this Terms of Use, means information users provide to the website and/or HERM-E. By providing any Submission or Input, you grant MDAIFG and the AI Provider a non-exclusive, worldwide, royalty-free, sublicensable license to use, store, and process your Submissions and Input for the purposes of operating, maintaining, improving, and training HERM-E and as otherwise described in the Privacy Notice. “Output,” as that term is used in this Terms of Use, means the information the website and/or HERM-E generates in response to information provided by the user. Because AI models are probabilistic, the “Output” generated by HERM-E may not be unique and similar content may be generated for other users. Output may be inaccurate, and you are solely responsible for evaluating Output and for your use of it. MDAIFG and/or AI Provider retains all rights to the underlying AI model and its intellectual property.
By posting, uploading, inputting, providing or submitting your Submission you are granting MDAIFG, its affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and, if you have agreed to its publication (for example, a testimonial), to publish your name in connection with your Submission. This paragraph does not apply to personal information you submit to obtain Services or to Input, which are governed by the Privacy Notice and the license in the preceding paragraph.
No compensation will be paid with respect to the use of your Submission, as provided herein. MDAIFG is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in MDAIFG’s sole discretion.
By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.
You must not provide any protected health information, patient-identifiable information, or other confidential or sensitive information of any person to HERM-E. Information provided to HERM-E may be used to train it, and could potentially be seen by the BettyAI, thereby losing its confidential status. HERM-E is not designed to receive protected health information, and MDAIFG is not your business associate for purposes of HERM-E.
Termination
We reserve the right to suspend or terminate the Website and its Services or support for the Website and its Services at any time, with or without cause, and with or without notice. For example, we may suspend or terminate your use of the Website if you are not complying with these Terms, or if you use the Website in any way that would cause us legal liability or disrupt others’ use of the Website, as we may determine in our sole discretion. If we suspend or terminate your use, we will try to let you know in advance, though there may be some cases (for example, repeatedly or flagrantly violating these Terms, a court order, or danger to other users) where we may suspend your access immediately. Provisions of these Terms that by their nature should survive termination (including those concerning Submissions and Input, indemnity, disclaimers and limitations of liability, intellectual property, governing law, arbitration, and time limitations on claims) will survive.
Governing Law
These Terms shall be governed by the internal laws of the State of Michigan, without reference to its conflict of laws provisions. This Website is solely directed to individuals residing in the United States, and MDAIFG makes no representation or warranty that the Website is appropriate or available for use in other jurisdictions or locations. Those who choose to access the Website from other locations do so on their own initiative and at their own risk, and are responsible for compliance with local laws, if and to the extent local laws are applicable.
Binding Arbitration
You agree that any controversy, claim, dispute or proceeding involving MDAIFG and you arising out of or related to the Website or these Terms or the Privacy Policy shall be resolved exclusively by arbitration, held in Ingham County, Michigan, in accordance with the rules of the American Arbitration Association. Any decision or award of arbitration shall be final and binding upon the parties and shall be enforceable by entry of a judgment by any court of competent jurisdiction. Notwithstanding the foregoing, you agree that MDAIFG may seek and obtain injunctive relief, specific performance or other equitable relief, as appropriate, for any breach or threatened breach of the Terms, in any court of competent jurisdiction, without resorting to and/or in addition to proceeding with arbitration.
Time Limitations on Claims
You agree that any cause of action or claim you may have arising out of or with respect to the Website or these Terms must be commenced within one year after your claim or cause of action arises, or be forever barred, regardless of any statute or law to the contrary.
Force Majeure
Notwithstanding the above, MDAIFG shall not be liable for any failure or delay in the performance of its obligations caused by events beyond its reasonable control, which may include, without limitation, denial-of-service attacks, strikes, shortages, riots, insurrection, fires, flood, storm, explosions, acts of God, war, terrorism, governmental action, labor conditions, earthquakes, material shortages, extraordinary Internet congestion or extraordinary connectivity issues experienced by major telecommunications providers. Upon the occurrence of any such event, MDAIFG will be excused from any further performance of its obligations affected by the event for so long as such performance is affected by the occurrence of any such event.
Notice
You agree, for purposes of these Terms, that MDAIFG may give notice to you by posting such notice on this Website, by regular mail, or by email sent to an email address supplied by you. You may, for purposes of these Terms, give notice to MDAIFG by email addressed to rdarling@mdaifg.com or by regular mail.
Severability/Non-Waiver
If any provision of these Terms is held to be invalid or unenforceable, such provision shall be deleted and the remaining provisions of these Terms shall be enforced. The failure by one party to act with respect to a breach by the other party under these Terms does not waive the first party’s right to act with respect to subsequent or similar breaches.
Entire Agreement
These Terms, together with the Privacy Notice and any posted guidelines or rules incorporated above, are the entire agreement between you and MDAIFG regarding the Website and HERM-E and supersede all prior communications and understandings about them.