Website Terms of Use

 

Henderson Brothers, Inc. (“Henderson Brothers”) makes its website, www.hendersonbrothers.com, and other websites it controls, such as www.hbretirement.com, available subject to the following terms of use and conditions (the “Terms of Use”).  These Terms of Use were last updated on 9 May 2017.

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING OR OBTAINING ANY MATERIALS, INFORMATION, OR SERVICES THROUGH THIS WEBSITE.  Henderson Brothers provides access to and use of this website subject to your acceptance of these Terms of Use.  By accessing, using, or obtaining any data, materials, information, products, services, or other content (collectively, “Content”) through this website, you acknowledge that you have read and understand these Terms of Use and agree to abide by them. If you do not accept or understand all of these Terms of Use, do not access or use this website and cease your current access.

 

  1. LICENSING

Henderson Brothers and its agents are licensed as insurance producers in various jurisdictions.  This website is not intended as a solicitation for insurance in any state or province where Henderson Brothers or its agents are not licensed.

 

  1. OWNERSHIP

Henderson Brothers has protected intellectual property and marks on this website and all of its Content.  The information, materials, and other information may not be modified, copied, reproduced, republished, uploaded, downloaded, posted, transmitted, publicly displayed, used to create a derivative work, sold, or otherwise used for public or commercial purposes, in whole or in part, without the express prior written consent of Henderson Brothers.

 

Trademarks, logos, slogans, and service marks displayed on this website are the registered or common law marks and intellectual property of Henderson Brothers.  Your use of and access to this website does not grant you any license or right to use any of the marks or related intellectual property.  Henderson Brothers reserves all rights to protect its intellectual property against any unauthorized use.  You may not use any technological means such as robots, spiders, or other devices to monitor materials available through this website.

 

  1. USE

By using this website you warrant that you are at least 18 years of age and can enter into binding contracts for insurance or other goods. If you are less than 18 years of age you may not use this website and you must leave immediately.  You are responsible for maintaining the confidentiality of any passwords, login names, or other information associated with your use of this website or other websites that Henderson Brothers makes available to its clients and business partners.

 

You may not use this website for any false or fraudulent purpose. You are also prohibited from using this website to post or transmit any unlawful, threatening, libelous, defamatory, obscene, indecent, inflammatory, pornographic or profane material, or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law. You may not use any device, software, or routine that interferes or attempts to interfere with the normal operation of this website or take any action that imposes an unreasonable load on Henderson Brothers’s network and/or computer equipment.

 

You may not use this website for any commercial, financial, or other similar purpose without the express prior written consent of Henderson Brothers.

 

Finally, you may not use this website for any purpose that is unlawful or otherwise prohibited by these Terms of Use.

 

Henderson Brothers reserves the right, at any time and without advance notice or liability, to terminate your access to this website.

 

  1. PRIVACY

Your use of this website is subject to our Privacy Policy. Your acceptance of these Terms of Use indicates your consent to the Privacy Policy as well.

 

  1. ADVICE, QUOTATIONS, BINDING COVERAGE, CLAIMS, AND PRODUCTS

Under no circumstances should you regard any information you may access on this website as a recommendation, advice, or complete description of any products, service, or plan.  A request for or an application for an insurance quotation through this website does not constitute a binder of insurance coverage or the reporting of a claim.  Any quotation will be subject to receipt of additional information and other conditions.  Insurance coverage is provided by various insurance companies and is subject to the terms and conditions of the respective policies.  Circumstances vary and website visitors must carefully review their own insurance policies and consult with their insurance advisors.

 

  1. DISCLAIMER OF WARRANTIES

HENDERSON BROTHERS MAKES NO WARRANTY OF ANY KIND REGARDING THIS WEBSITE AND/OR THE CONTENT. THIS WEBSITE AND CONTENT ARE PROVIDED “AS-IS”. HENDERSON BROTHERS EXPRESSLY DISCLAIMS ANY REPRESENTATION OR WARRANTY THAT THIS WEBSITE WILL BE ERROR-FREE, SECURE, OR UNINTERRUPTED. HENDERSON BROTHERS FURTHER DISCLAIMS ANY WARRANTY AS TO THE ACCURACY, ADEQUACY, COMPLETENESS OR TIMELINESS OF ANY OF THE CONTENT ON THIS WEBSITE, AND FURTHER EXPRESSLY DISCLAIMS LIABILITY RESULTING FROM OR ARISING OUT OF ANY ERRORS OR OMISSIONS CONTAINED IN THE INFORMATION OR MATERIALS ACCESSED ON OR THROUGH THIS WEBSITE. HENDERSON BROTHERS EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS, INCLUDING IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, FREEDOM FROM COMPUTER VIRUS AND THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE. SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THIS WARRANTY DISCLAIMER MAY NOT APPLY IN WHOLE OR IN PART TO YOU.

 

  1. LIMITATION OF LIABILITY

HENDERSON BROTHERS WILL NOT BE RESPONSIBLE OR LIABLE FOR (A) ANY DAMAGES TO OR VIRUSES THAT MAY INFECT YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY AS THE RESULT OF YOUR ACCESS TO, USE OF OR BROWSING IN THIS WEBSITE OR YOUR DOWNLOADING OF ANY CONTENT OR (B) ANY INJURY, LOSS, CLAIM, DAMAGE, OR ANY SPECIAL, EXEMPLARY, PUNITIVE, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING WITHOUT LIMITATION LOST PROFITS OR LOST SAVINGS), WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, FINE, OR OTHERWISE, THAT ARISES OUT OF OR IS IN ANY WAY CONNECTED WITH (i) ANY USE OF THIS WEBSITE OR THE CONTENT FOUND THEREIN, (ii) ANY FAILURE OR DELAY (INCLUDING WITHOUT LIMITATION THE USE OF OR INABILITY TO USE ANY COMPONENT OF THIS WEBSITE TO SUBMIT APPLICATIONS FOR INSURANCE PRODUCTS OR SERVICES), OR (iii) THE PERFORMANCE OR NON-PERFORMANCE BY US OR ANY PROVIDER, EVEN IF WE HAVE BEEN, OR A PROVIDER HAS BEEN ADVISED, OF THE POSSIBILITY OF DAMAGES TO SUCH PARTIES OR ANY OTHER PARTY. THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION.

 

  1. CAUTION FOR FORWARD-LOOKING STATEMENTS

This website may contain written statements issued by Henderson Brothers or HB Retirement and may include forward-looking statements which reflect the current views of Henderson Brothers with respect to future events, markets, regulation, and financial performance. These forward-looking statements are subject to uncertainties and other factors that could cause actual results to differ materially from such statements. The words “believe,” “expect,” “anticipate,” “project,” “plan,” and similar expressions identify forward-looking statements. Readers are cautioned not to place undue reliance on these forward-looking statements that speak only as of their dates.  Henderson Brothers undertakes no obligation to publicly update or revise any forward-looking statements, whether as a result of new information, future events or otherwise.

 

  1. RECOMMENDATION DISCLOSURE

Henderson Brothers maintains relationships with clients and business partners around the world. When Henderson Brothers recommends or mentions a product or service provider, it is possible that the product or service is being offered by one of Henderson Brothers’s clients or business partners.

 

If you have any questions about a Henderson Brothers recommendation or mention of another business entity (or about an entity with whom Henderson Brothers conducts business), please follow-up with your Henderson Brothers contact person.  Henderson Brothers is committed to serving our clients in a transparent manner free of perceived conflicts.

 

  1. MISCELLANEOUS

These Terms of Use are governed by the laws of the Commonwealth of Pennsylvania without regard to its conflicts of law principles.

 

Any dispute arising between you and Henderson Brothers with respect to or related to your use of this website will be submitted to binding arbitration in Pittsburgh, Pennsylvania administered by the American Arbitration Association and its rules then in effect.  The AAA arbitration fees will be shared equally by you and Henderson Brothers.   THE ONLY PARTIES TO SUCH ARBITRATION WILL BE YOU (INDIVIDUALLY AND NOT ON A REPRESENTATIVE OR CLASS BASIS) AND HENDERSON BROTHERS, AND NO OTHER PARTY (INCLUDING OTHER WEBSITE VISITORS OR HENDERSON BROTHERS CLIENTS) MAY BE JOINED IN SUCH ARBITRATION.  You consent to the arbitration proceedings being held in the venue of Pittsburgh, Pennsylvania.

 

The headings in these Terms of Use are for convenience and reference and shall have no legal effect.  Any failure by Henderson Brothers to act with respect to you or another person’s breach of these Terms of Use will not constitute a waiver with respect to future or similar breaches. If a court finds any of these Terms of Use or conditions to be unenforceable or invalid, such Term(s) or condition(s) deemed unenforceable or invalid will be enforced to the fullest extent permitted by applicable law and the other Terms of Use and conditions will remain valid and enforceable. These Terms of Use, together with those items incorporated by reference (for example, Henderson Brothers Privacy Policy), constitute the entire agreement between you and Henderson Brothers relating to your use of the site and replaces any prior oral or written understandings or agreements.

 

  1. REVISIONS

Henderson Brothers reserves the right to change these Terms of Use from time to time and in its sole discretion. If these Terms of Use change, the revised version will be posted at the “Terms of Use” page on the website’s home page.  If the revised date displayed is later in time than your last visit, you must re-read these Terms of Use and related policies. Your continued use of this website after the date of the last revision indicates your acceptance of any revisions.

 

  1. PAYMENT OFFERINGS

You authorize Henderson Brothers to retain payment processors and payment facilitators to assist you in making payments to Henderson Brothers and various other insurance companies. In connection with this, you also authorize us to act as your agent for the purposes of holding, receiving, and disbursing funds on your behalf. Your authorization permits us to generate a paper draft or an electronic funds transfer to settle the proceeds of each transaction that you authorize, plus or minus any applicable fees. Your authorizations will remain in full force and effect until you close your account with Henderson Brothers. Through your use of the payment technologies and payment offerings Henderson Brothers makes available to you, you agree to these Terms.

Further, you agree to pay the applicable fees made known to you and/or included on any invoice, statement, or other written document. Such fees may also include convenience fees for making the payment technologies and payment offerings available. Henderson Brothers may charge you these additional fees in addition to your policy premiums. All fees are charged at the time we/you/us process a transaction and are deducted first from the transferred or collected funds

You must create an account using your real name or your business’s real name. You also need to be a U.S. legal resident or citizen, or a legitimate and authorized business entity. To this end, you confirm that you are either a legal resident of the United States, a United States citizen, or a business entity authorized to conduct business by the state(s) in which you operate and that you are an authorized signatory for the business you represent. You must use your or your business’ true and accurate name when opening an account. We review your information to verify that you are you. Sometimes we need more information, and you authorize us to get that information from you or third parties. We share your application with our bank partners, and they or us may decide you cannot use our services. We may also ask you for more information about you or your business. If you refuse, we may not allow you to use the payment technologies and payment offerings.

Your account logs your transactions processed with us. You are responsible for your own record-keeping, and if you think there’s an error or unauthorized activity, you should let us know immediately.

Your failure to fully pay amounts that you owe us on demand will be a breach of these terms. You are liable for any of our costs and expenses associated with collection in addition to any amounts owed, including attorneys’ fees and other legal expenses, collection agency fees, and any applicable interest. Your failure to pay may also result in having your insurance policies cancelled.