Terms and Conditions of Website Use

The material provided on the MyChoice^TM Market website, including the information and any images incorporated in the site, is for your personal private non-commercial use only. You may not modify, republish, post or transmit anything you obtain from this website, including anything you download from the site, unless you first obtain our consent.

By providing material on our website, BSC does not in any way promise that the materials will remain available to you or that you will qualify for the products we offer. We are entitled to terminate all or part of any of its Websites at any time, without notice to you.

When you select a User ID and password to access the MyChoice Market online services, you agree to the following conditions:

• MyChoice Market permits you to view benefits information. By using MyChoice Market, you represent on a continuing basis that you are authorized to have viewing access to such data. To access benefits information, you must type in your User ID and your Password, which protects the security of your account data, which you agree to safeguard. BSC and your plan sponsor shall not be responsible for any breach of security caused by your failure to maintain the confidentiality of your User ID and Password. All benefits information is provided as a convenience and for your information, but it is not the official record of your account activity with a plan sponsor, administrator or insurer. Benefits information provided through MyChoice Market is generally updated, but is subject to adjustment and correction.
• BSC is not responsible for qualification or compliance of any plans found on the MyChoice Market with ERISA, the Internal Revenue Code, or any other applicable laws, federal, state or local, for which a fiduciary, plan sponsor or plan administrator is responsible by law. For avoidance of doubt, BSC is not a plan administrator or plan sponsor for any plans on the MyChoice Market.
• BSC shall not be liable, nor advance its own funds, for the payment of claims under any plan on the MyChoice Market. BSC does not insure, underwrite, or guarantee an insurer’s liability to provide benefits or the payment of any benefits due under a plan.  The insurer shall have full responsibility and liability for payment of claims in accordance with the provisions of a plan.  In no event shall BSC be liable for any amount, including, but not limited to, insurance premiums, stop-loss deductibles, reinsurance fees, health plan or other claims, cancellation or reinstatement fees, or penalties, for a failure to pay a carrier/vendor or for failure to provide appropriate billing information in a timely manner.
• BSC is authorized to act on instructions received under your password without any requirement to question those instructions;
• BSC is not liable for any unauthorized access to your personal information that is not directly due to the negligence of BSC;
• Your password contains sensitive information and you will keep it confidential and secret;
• You will notify BSC immediately if you believe anyone else has learned your password or if you believe an unauthorized access to MyChoice Market or your personal information has occurred or may occur;
• BSC may deny access or block any transaction made under your password without prior notice if we believe your password is being used by someone other than you, or if any unauthorized access to your personal information has occurred or may occur, or for any other reason, but we are under no obligation to do so.
• Violating the Terms and Conditions of Website Use may lead to a revocation of MyChoice Market website access privileges.

LIMITATION OF LIABILITY
BSC AGENCY, LLC (INCLUDING ALL OF ITS AFFILIATES), HEREINAFTER REFERRED TO AS “BSC” WILL NOT BE RESPONSIBLE FOR ANY DAMAGES OR INJURIES THAT ACCOMPANY OR RESULT FROM YOUR USE OF ITS SITES. THESE INCLUDE (BUT ARE NOT LIMITED TO) DAMAGES OR INJURY CAUSED BY ANY: (A) USE OF (OR INABILITY TO USE) THE SITES; (B) USE OF (OR INABILITY TO USE) ANY SITE TO WHICH YOU HYPERLINK FROM ITS WEBSITES; (C) FAILURE OF PERFORMANCE; (D) ERROR; (E) OMISSION; (F) INTERRUPTION; (G) DEFECT; (H) DELAY IN OPERATION OR TRANSMISSION; OR (I) COMPUTER VIRUS. EXCEPT AS REQUIRED BY APPLICABLE LAW, WE ARE NOT LIABLE FOR ANY CONSEQUENTIAL OR INCIDENTAL DAMAGES, WHICH ARE DAMAGES INTENDED TO COMPENSATE SOMEONE DIRECTLY FOR A LOSS OR INJURY, DAMAGES REASONABLY EXPECTED TO RESULT FROM A LOSS OR INJURY, OR OTHER MISCELLANEOUS DAMAGES AND EXPENSES RESULTING DIRECTLY FROM A LOSS OR INJURY. FURTHERMORE, EXCEPT AS PROVIDED BY APPLICABLE LAW, WE ARE NOT LIABLE EVEN IF WE HAVE BEEN NEGLIGENT OR IF OUR AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES—OR BOTH.

IN CERTAIN STATES WHERE THE LAW MAY NOT ALLOW US TO LIMIT OR EXCLUDE LIABILITY FOR THESE INCIDENTAL OR CONSEQUENTIAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY AND YOU MAY HAVE THE RIGHT TO RECOVER THESE TYPES OF DAMAGES. IN ANY EVENT, OUR LIABILITY TO YOU FOR ALL LOSSES, DAMAGES, INJURIES AND CLAIMS OF ANY KIND, WHETHER THE DAMAGES ARE CLAIMED UNDER THE TERMS OF A CONTRACT, OR THEY ARE CLAIMED TO BE CAUSED BY NEGLIGENCE OR OTHER WRONGFUL CONDUCT OR ANY OTHER LEGAL THEORY, WILL NOT BE GREATER THAN THE AMOUNT YOU HAVE PAID TO ACCESS OUR SITES.

DISCLAIMER
THE MATERIAL ON OUR SITES IS PROVIDED AS IS. THIS MEANS THAT BSC DISCLAIMS ALL EXPRESS AND IMPLIED WARRANTIES ABOUT THE MATERIAL IN THE SITES. THIS INCLUDES, BUT IT IS NOT LIMITED TO, WARRANTIES THAT: (1) THE MATERIAL IS OF ANY PARTICULAR LEVEL OF QUALITY OR IS FIT FOR A PARTICULAR PURPOSE; (2) THAT THE FUNCTIONAL ELEMENTS CONTAINED IN THE MATERIALS WILL BE UNINTERRUPTED OR ERROR-FREE; (3) THAT DEFECTS WILL BE CORRECTED; (4) THAT OUR SITES, OR THE SERVERS THAT MAKE THEM AVAILABLE ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL COMPONENTS OR CONDITIONS; OR (4) THAT INFORMATION CONTAINED IN THE SITES IS ACCURATE AS OF ANY PARTICULAR DATE.

JURISDICTION
The State of Iowa shall govern and control any action concerning the MyChoice Market sites. We do not in any way imply that the materials on the sites or the products we discuss are available or for use outside the United States or in jurisdictions in which we are not licensed to do business, or that we are soliciting business in any such jurisdiction. By completing an on-line request for a rate quote, you are confirming that you are not a resident in any such jurisdiction.

MISCELLANEOUS
These Terms and Conditions of Website Use, and the agreement they create, shall be governed by and interpreted according to the laws of the State of Iowa, without giving effect to Iowa’s conflict of laws principles.

If any provision of this agreement is unlawful, void or unenforceable, it shall not affect the validity and enforceability of any remaining provisions.

BSC may modify these Terms and Conditions of Website Use, and the agreement they create, at any time, simply by updating this posting or the information on its website and without notice to you.

PRIVACY
All information collected from users of our sites is subject to our Privacy Policy, which is incorporated by reference into this agreement. For more information, see our Privacy Policy.