Privacy Policy & Terms of Use

 

iPhone with an image of a lock displayed on it

This privacy policy (“Privacy Policy”) describes how One80 Intermediaries Inc, along with its affiliates and subsidiaries (collectively, “One80”, “we”, “us”, or “our”) collects, uses, discloses, stores, and transmits (processes) information that identifies or relates to an identifiable individual (“personal information”) in the course of providing services (the “Services”) in relation to: 

  • The use of our websites and associated Services that link to this Privacy Policy, including www.selmanco.com and other websites controlled by One80 (the “Sites”);
  • Our former, current and prospective clients;
  • Individuals who communicate with us;
  • Individuals who use our Services; and
  • Individuals whose personal information we receive in providing the Services.

Information We Collect

We may collect personal information about you and related third parties, including beneficiaries, dependents, employees or other participants in the Services offered to you. By providing us with the personal information of any third party, you confirm that you have the authority to do so on their behalf and have provided them with the information set out in this Privacy Policy.

The categories of personal information we collect can include:

  • Personal identifiers such as your name, email address, mailing address, phone number, SMS messages or messaging, date of birth, and government-issued identifiers (e.g., social security or national insurance number, passport number, ID number, tax identification number or driver’s license number).
  • Customer records such as your identification documents, account credentials, and payment and billing information (credit or debit card or other financial information).
  • Commercial information such as your communication with us or interest or participation in an insurance product, risk consulting service or other Services.
  • Demographics such as race, ethnicity, gender, marital status, date and place of birth.
  • Sensory information such as photos and videos of you and audio recordings of phone calls between you and us, where permitted by law.
  • Preferences you provide to us or generated through your use of the Services, including inferences we may make based on our experience with you.
  • Internet, network and device information from the browser or device you use to access our Services, which could include your IP address, device ID, cookie identifiers, browser type, internet service provider, referring/exit pages, operating system, date/time stamp and or clickstream data.
  • Professional information in connection with your role as a brokerage or carrier partner, agent, vendor or research partner.
  • Education information such as educational history.
  • Sensitive information we may collect the following categories of personal information, which may be classified as “sensitive” depending on the applicable privacy laws (“sensitive information”):
    • Government-issued identifiers;
    • Username and password;
    • Demographics such as race, ethnicity, religion, citizenship status, sexual orientation or sex life;
    • Information about a known child under the age of 13;
    • Health and medical information, including medical history; and
    • Payment card and financial account information.

How We Use Your Information

We and our third-party partners may use personal information for any lawful purpose, including the following:

  • To create, maintain and service your account;
  • To respond to your inquiries or otherwise communicate with you;
  • To evaluate your eligibility for and provide Services you request, including to provide publications to which you subscribe;
  • To operate, personalize, and improve the Sites and their features, including for analytics purposes;
  • To send promotions and marketing materials that may be of interest to you in accordance with applicable laws;
  • To present advertising online and via other communication channels, including through social media platforms and internet search engines;
  • To send you important information regarding the Services, such as certain changes to our terms, conditions, policies, and other administrative information. Because this information may be material to your use of the Services, you may not opt-out of receiving such communications;
  • To administer and manage our vendors and business partners;
  • To analyze, improve and grow our business;
  • To help maintain and enhance the safety, security, and integrity of our property, products, Services, technology, assets, and business;
  • To detect, prevent, investigate or provide notice of security incidents or other malicious, deceptive, fraudulent or illegal activity and protect the rights and property of One80 and others;
  • For our other business purposes, such as analysis, research, audits, fraud detection and prevention, payment processing, developing new products and features, identifying usage trends, and our internal operational purposes;
  • To comply with our contractual obligations and applicable law(s) or to respond to valid law enforcement requests and as permitted by applicable law, court order, or governmental regulations and enforce our corporate reporting obligations and our Terms of Use;
  • To facilitate business transactions and reorganizations;
  • To help maintain the safety, security, and integrity of our Services, technology assets, and business; and
  • With your consent, or as otherwise disclosed at the time information is collected.

We may also use aggregate, deidentified and anonymous information in a manner for any lawful, legitimate purpose such that the information does not uniquely identify you or any other user of the Services. Such data is outside the scope of this policy. Where we maintain deidentified data, we will maintain and use the data in deidentified form and not attempt to reidentify the data except as required or permitted by law. Mobile information will not be shared with third parties/affiliates for marketing/promotional purposes.

Disclosure of Personal Information

One80 may share your personal information with other parties in the ways that are described in this Privacy Policy, including the following:

  • Within Accession. We share personal information with our subsidiaries and affiliates in the Accession family of companies, so that they also may use such personal information for the purposes described in this Privacy Policy. For example, we may disclose your information to affiliates who serve a role in supplying the Services, or with whose Services you may be interested in;
  • Business partners. We share information with our business partners, such as the third-party agents, contractors, brokers, carriers, administrators or other third parties involved in providing the Services;
  • Service providers. We share personal information with third-party vendors, consultants and other service providers who perform functions or services on our behalf and under our instructions to make our Services available to you. For example, this may include vendors and providers who engage in marketing or advertising activities or provide mailing or email services, tax and accounting services, auditing and compliance, fraud prevention, infrastructure provisioning, analytics services, IT services, product fulfillment, and web hosting;
  • Business transaction or reorganization. We may take part in or be involved with a corporate business transaction, such as a merger, acquisition, joint venture, or financing or sale of company assets. We may disclose personal information to a third-party during negotiation of, in connection with or as an asset in such a corporate business transaction. Personal information may also be disclosed in the event of insolvency, bankruptcy, or receivership;
  • Legal obligations and rights. We may disclose personal information to third parties, such as legal advisors, auditors and law enforcement:
    • in connection with the establishment, exercise, or defense of legal claims;
    • to comply with laws or to respond to lawful requests and legal process;
    • to protect the rights and property of One80, our agents, customers, and others, including to enforce our agreements, policies, and Terms of Use;
    • to detect, suppress, or prevent fraud;
    • to reduce credit risk and collect debts owed to us;
    • to protect the health and safety of us, our customers, or any person; or
  • With your consent or at your direction. In addition to the sharing described in this Privacy Policy, we may share information about you with third parties whenever you consent to or direct such sharing or as otherwise disclosed at the time of data collection or sharing.

We may share information that has been anonymized or aggregated without limitation. 

 

Privacy Preferences

You have some choices regarding how we use your personal information, including those in this section and, depending on where you live, please see the Region-Specific Disclosures section of the full Privacy Policy for additional information that may apply to you.

  • Correcting and updating your information. You may change any of your personal information in your account by editing your profile within your account. If you have questions about reviewing, changing, or deleting your information, you can contact us directly using the contact information below. We may not be able to change or delete your information in all circumstances.
  • Marketing emails and SMS messaging. If you decide that you do not wish to receive marketing emails from One80, you may opt-out of receiving further e-mails by clicking “Unsubscribe” in such emails. You may also opt out or unsubscribe from future emails by sending a request to legal@one80.com using the subject line “Unsubscribe from email communications.” To ensure your opt-out request is properly processed, be sure to send your message using the same email account to which we sent our correspondence. If you've opted-in to SMS messaging alerts, reply "STOP" to cancel further messaging. 

 

Your Choices

Cookies and Online Advertising

We permit our trusted business partners and third-party advertising companies (including ad servers, ad agencies, technology vendors, or providers of sponsored content, collectively “ad partners”) to collect your browsing information and numerical identifiers associated with your browser or device to provide ads on our behalf that are tailored to your interests. These ads may appear on our website, and on other third-party websites. Using cookies, our ad partners collect data from a particular browser or device about a user’s web viewing behaviors over time, across unrelated websites, and in some cases combine such data with data collected from other browsers or devices associated with the same user or household, and use such data to predict user preferences and to deliver advertisements to that user which are calculated to target that user’s predicted preferences across devices.

Most browsers accept cookies automatically, but you can block or delete cookies at any time to prevent the collection of your browsing information for purposes of delivering interest-based ads and tracking visitor behavior. You can block or opt out of cookies or collection of data for interest-based advertising by adjusting settings within your device or browser. For instructions, check your browser’s technical information. If you take steps to block advertising cookies or opt out of interest-based advertising, note that this does not mean that you will no longer receive ads from One80, as these ads are only one form of digital advertising. The Digital Advertising Alliance (“DAA”) and the Network Advertising Initiative (“NAI") allow individuals to opt out of receiving online interest-based advertising from companies that participate in their programs. You can also find options for restricting cookies placed by some of our ad partners on the DAA’s opt-out page (http://optout.aboutads.info/) or the by using the NAI’s opt-out tool (https://optout.networkadvertising.org/?c=1).

If you are using a mobile device, your device may also include a feature ("Limit Ad Tracking" on iOS or "Opt Out of Ads Personalization" on Android) that allows you to opt out of having certain information collected through mobile apps used for behavioral advertising purposes. If you block cookies at a browser- or device-level and use a different computer or browser to access our platforms, you should review your cookie settings again. Please be aware that blocking or deleting cookies may also disable or interfere with shopping features on our services and other sites that you may visit.

HIPAA Notice

This HIPAA Notice pertains to our TRICARE and CHAMPVA Supplement Insurance Plans.

Last updated 07/17/2023

 

Terms of Use

Last Modified: August 2023

These Terms of Use, including any policies, rules and other terms that are expressly incorporated herein by reference (collectively, the “Terms”), set forth a legally binding agreement between you (“you” or “your”) and One80 Intermediaries Inc. and its subsidiaries (“we,” “us,” or “our”). These Terms govern your use of this website (the “Site”). Please read these Terms carefully before proceeding.

PLEASE TAKE NOTICE AND BE AWARE THAT SECTION 17 (DISPUTE RESOLUTION) OF THESE TERMS CONTAINS A MUTUAL ARBITRATION AGREEMENT AND CLASS ACTION WAIVER THAT REQUIRES YOU AND US TO RESOLVE ANY AND ALL DISPUTES WITH EACH OTHER ON AN INDIVIDUAL BASIS THROUGH FINAL AND BINDING ARBITRATION. PLEASE REVIEW THE FOLLOWING INFORMATION, INCLUDING, WITHOUT LIMITATION, SECTION 17 (DISPUTE RESOLUTION), CAREFULLY.

 

1. Acceptance of Terms

By accessing or using the Site, or by clicking to accept these Terms when this option is made available to you, you accept and agree to be bound by these Terms. In addition to these Terms, your access to and use of certain portions or aspects of the Site, or your ability to access and/or use certain products or services that are offered or made available to you through the Site, may require you to accept additional terms and conditions as applicable to such products or services (collectively, “Additional Terms”). The Additional Terms are hereby incorporated and made a part of these Terms by this reference.

THESE TERMS GOVERN YOUR ACCESS TO AND USE OF THE SITE. BY USING THE SITE, YOU EXPRESSLY AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THE SITE.

 

2. Age Requirements

You must be at least the age of majority in your state of residence, and fully able and competent to enter into and abide by the terms and conditions of these Terms, in order to access and use the Site. Individuals under the age of majority are not eligible to use the Site and may not submit any personal information to us. By accessing or using the Site, you represent and warrant that you are at least the age of majority in your state of residence, are legally entitled to enter into these Terms, and have the right, authority and capacity to enter into and abide by the terms and conditions of these Terms.

 

3. Modification To These Terms

We will email you or post a notification on the Site in the event of any material changes to these Terms. Such changes, whether in the form of modifications, additions, or deletions, shall be effective when specified in the relevant notification or, if the change is immaterial, immediately upon appearing on the Site. Please check these Terms periodically for changes. Your continued use of the Site following our posting of any changes to these Terms means that you accept those changes.

 

4. Privacy Policy

Our Privacy Policy governs the processing of all personal information collected from you in connection with your use of the Site.

 

5. Accessibility

If you have difficulty using or accessing any element of this Site or if you have any feedback regarding accessibility of this Site, please feel free to contact us at info@one80.com.

6. Restrictions On Use

You may use this Site and all associated content solely for your personal use. This Site or any portion thereof may not be reproduced, duplicated, copied, sold, distributed, resold, visited, or otherwise exploited for any commercial purpose without our express written consent. You shall not attempt to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by us in providing the Site.

To access parts of the Site or some of the resources it offers, you may be asked to provide certain, sometimes personal, information. It is a condition of your use of the Site that all the information you provide on the Site is correct, current, and complete.

You agree not to use any device, software, or routine to interfere with the proper functioning of the Site. In addition, when accessing or using the Site you may not:

  • Transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, pornographic, profane, or indecent information of any kind, including images and language;
  • Transmit or solicit any information, software, or other material that violates or infringes upon the rights of others, including material that is an invasion of privacy or publicity rights; is protected by copyright, trademark, or other proprietary rights; or is a derivative work with respect thereto, without first obtaining permission from the owner or right holder; or
  • Transmit any information, software, or other material that contains a virus, trojan horse, time bomb, worm or other rogue programming or other harmful component.

Additionally, you are prohibited from violating or attempting to violate any security features of the Site. Any violation of system or network security may subject you to civil and/or criminal liability.

 

7. User Covenants

By accessing or using the Site, you agree to, acknowledge, and represent as follows:

  • You will comply with all applicable federal, state or local laws in using the Site, and you will not perform or fail to perform any act that you know or reasonably should know would place us or our affiliates in violation of any applicable law.
  • You have the authority and capacity, under the laws of the state or jurisdiction in which you reside, to make the representations and warranties and be bound by the covenants provided herein.

8. Copyrights, Trademarks, and Other Proprietary Rights

When accessing and using the Site, you agree to obey the law and to respect the intellectual property rights of others. As between you and us, all content on the Site, including text, hidden text within our source code, trademarks, software, photos, video, images, graphics, music, audio-visual content, podcasts, recordings, sound, or any other digital media, is owned by us and/or our licensors and is subject to protection by patent, copyright, trademark, or other proprietary rights. In addition, the entire content of the Site is copyrighted as a collective work under the United States copyright laws, and we own the copyright in the selection, coordination, arrangement, and enhancement of such content. Any feedback you provide to us relating to the Site, shall be deemed to be non-confidential. We shall be free to use such information on an unrestricted basis.

All trademarks, trade names, trade dress, logos, and service marks (collectively, the “Trademarks”) appearing on the Site are the property of their respective owners, including, in some instances, us and/or our partner companies. Nothing contained on the Site or these Terms serves to grant you, by implication or otherwise, a license or right to use any of the Trademarks or copyrights owned by us or by any third party.

Except as expressly provided herein, you may not use, modify, create derivative works of, copy, redistribute, reproduce, publish, transmit, display, commercialize, or in any other way exploit any content or material from the Site without express written permission from us and, if applicable, the respective copyright owner. You acknowledge and agree that you do not acquire any ownership rights by accessing or using the Site.

 

9. Third-Party Sites

We may provide links and pointers to websites, goods, and/or services maintained, owned, or controlled by others (“Third-Party Sites”) that are not affiliated with us and may be located in different countries and that may subject to different regulatory and other legal requirements. We have not reviewed all of the Third-Party Sites linked to the Site and are not responsible for the content or services offered on such Third-Party Sites, including, but not limited to, any advertising, order processing and fulfillment, or payment terms related to such Third-Party Sites. Access to Third-Party Sites through our Site does not constitute an endorsement by us or any of our subsidiaries or affiliates of any such Third-Party Sites, or the content or services offered by them. We have no responsibility or liability for these Third-Party Sites’ independent policies or actions and are not responsible for the privacy practices of such Third-Party Sites or retailers. Complaints, claims, concerns, or questions regarding Third-Party Sites should be directed to the applicable third party.

If we provide links to social media platforms, such as Facebook or Twitter, and you choose to visit those websites through our links, please note that the personal information you post, transmit, or otherwise make available on those websites may be viewed by the general public. We do not control any content information made available on social media pages and are not responsible for any third-party use of any information, including, without limitation, personally identifiable information, that you have posted, transmitted, or otherwise made available there.

 

10. Site Updates

We will not be liable if, for any reason, all or part of the Site is ever unavailable. We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Site (or any part thereof) with or without notice. We undertake no obligation to update, amend, or clarify information on the Site, except as required by law. No specified update or refresh date applied on the Site should be taken to indicate that all information on the Site has been modified or updated. Please remember when reviewing information on the Site that such information may not represent the complete information available on a subject. In addition, subsequent events or changes in circumstances may cause existing information on the Site to become inaccurate or incomplete.

On occasion, information on the Site may contain errors. We reserve the right to, at any time without prior notice, correct any errors, inaccuracies, or omissions, and to change or update information.

 

11. Disclaimer of Warranties

YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK. THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTY THAT THE SITE WILL MEET YOUR REQUIREMENTS OR WILL BE UNINTERRUPTED, TIMELY, UNFAILINGLY SECURE, OR ERROR-FREE, THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THIS SITE WILL BE ACCURATE OR RELIABLE, THAT THE QUALITY OF ANY INFORMATION OR MATERIALS OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS, AND THAT ANY ERRORS IN THE SITE WILL BE CORRECTED. YOUR SOLE REMEDY AGAINST US FOR DISSATISFACTION WITH THE SITE IS TO STOP USING THE SITE. THE FOREGOING LIMITATION OF RELIEF IS AN ESSENTIAL PART OF THE BARGAIN BETWEEN YOU AND US UNDER THESE TERMS OF USE. PLEASE NOTE THAT SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON THE LENGTH OF AN IMPLIED WARRANTY, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

 

12. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT SHALL WE AND/OR OUR SUCCESSORS, ASSIGNS, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, MEMBERS, EMPLOYEES, AGENTS, OFFICERS, DIRECTORS, AND MANAGERS BE LIABLE FOR ANY INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR OTHER DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR SUCH DAMAGES ARE REASONABLE FORESEEABLE), RESULTING FROM THE USE OR THE INABILITY TO USE THE SITE. IN NO EVENT SHALL THE COLLECTIVE LIABILITY OF US AND OUR SUCCESSORS, ASSIGNS, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, MEMBERS, EMPLOYEES, AGENTS, OFFICERS, DIRECTORS, AND MANAGERS TO YOU, FOR ANY AND ALL DAMAGES, LOSSES, AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT OR OTHERWISE, EXCEED, IN THE AGGREGATE, ONE HUNDRED U.S. DOLLARS ($100). SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES AND/OR THE LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, IN CERTAIN JURISDICTIONS, SOME OF THE ABOVE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU; ALL OTHER PROVISIONS OF THESE TERMS REMAIN IN FULL FORCE AND EFFECT.

 

13. Indemnification

You agree to indemnify, defend, and hold harmless us, our affiliates, our subsidiaries, and each of our and their respective shareholders, members, managers, directors, officers, employees, personnel, agents, successors and assigns from and against any and all claims, allegations, demands, actions, causes of action, lawsuits, investigations and proceedings (including any and all liability, damages, costs, expenses (including reasonable attorneys’ fees), settlements, fines, penalties and losses of any kind or nature whatsoever resulting from any of the foregoing) arising out of or in connection with: (i) your violation or breach of these Terms; (ii) your use of the Site; (iii) your dispute with another user; (iv) your violation of any rights of any third party; or (v) your violation of applicable law. This indemnification obligation will continue after you stop using the Site. We reserve the right, at our own expense, to assume the exclusive defense and control of any claim and matter otherwise subject to indemnification by you at your expense, and you shall not in any event settle or otherwise dispose of any matter without our prior written consent.

 

14. Force Majeure

We will not be liable or responsible to you, nor be deemed to have defaulted or breached these Terms, for any failure or delay in our performance under these Terms when and to the extent such failure or delay is caused by or results from acts or circumstances beyond our reasonable control, including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, epidemic, lockouts, strikes or other labor disputes (whether or not relating to our workforce), restraints or delays affecting carriers, inability to obtain or delay in obtaining adequate or suitable supplies, breakdown of materials or telecommunications, or power outage.

 

15. Notices

We may send you responses or notices by e-mail, posting to the Site, or written communication sent by U.S. Postal Service. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

 

16. Governing Law

These Terms and your use of the Site shall be governed by and construed for both substantive and procedural purposes in accordance with the laws of the State of Massachusetts, U.S.A., without giving effect to any principles of any choice or conflict of law provision or rule (whether of the State of Massachusetts or any other jurisdiction) that would cause the laws of any jurisdiction other than those of the State of Massachusetts to apply.

 

17. Dispute Resolution

Timing of Claims
Any cause of action or claim you may have with respect to this Site must be commenced within one (1) year after the claim or cause of action arises.

Arbitration and Venue
Any dispute relating in any way to your visit to the Site shall be submitted to confidential arbitration in Boston, Massachusetts except that, to the extent you have in any manner violated or threatened to violate our intellectual property rights, we may seek injunctive or other appropriate relief in any state or federal court, and you consent to jurisdiction and venue in such courts. Arbitration under these Terms shall be conducted under the rules then prevailing of the American Arbitration Association in accordance with its Commercial Arbitration Rules and before a single arbitrator.

Ultimately, the selected arbitrator must have expertise in the subject matter of the dispute. The expenses of the arbitration charged by the arbitrator shall be borne by the prevailing party or otherwise as appropriately allocated between the parties to the arbitration by the arbitrator in his or her discretion. However, in every other regard, each party shall pay for and bear its own costs and legal fees, costs, and expenses. The arbitration shall be completed within one hundred twenty (120) days of either giving notice or filing a demand to arbitrate with the American Arbitration Association (whichever shall first occur).

Final Arbitration
The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. The testimony, evidence, ruling, and all documentation regarding any arbitration shall be considered confidential information. Neither party may use, disclose, or divulge any such information unless otherwise required by law.

Class Action Waiver
To the fullest extent permitted by applicable law, no arbitration under these Terms shall be joined to an arbitration involving any other party subject to these Terms, whether through class arbitration proceedings or otherwise. You agree to an arbitration on an individual basis. IN ANY DISPUTE, NEITHER YOU NOR WE WILL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER USERS IN COURT OR IN ARBITRATION OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER, OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. The arbitral tribunal may not consolidate more than one (1) person’s claims, and may not otherwise preside over any form of a representative or class proceeding. The arbitral tribunal has no power to consider the enforceability of this class arbitration waiver and any challenge to the class arbitration waiver may only be raised in a court of competent jurisdiction.

 

18. Miscellaneous

The division of these Terms into sections and the headings of the various sections in these Terms are for convenience of reference only and shall not affect the construction or interpretation of these Terms. You acknowledge and agree that any principle of construction or rule of law that provides that an agreement shall be construed against the drafter of the agreement in the event of any inconsistency or ambiguity in such agreement shall not apply to these Terms. Our failure to insist upon or enforce strict performance of any provision of these Terms shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these Terms. We may assign our rights and duties under these Terms to any party at any time without notice to you and without your express consent. You will not assign any of your rights or delegate any of your obligations under these Terms without our prior written consent. Any purported assignment or delegation in violation of this Section is null and void. No assignment or delegation relieves you of any of your obligations under these Terms. There shall be no third-party beneficiaries to these Terms. Any provision of these Terms that contemplates performance or observance subsequent to any expiration or termination of these Terms, or which is otherwise necessary to interpret the respective rights and obligations of the parties hereunder, shall survive any expiration or termination of these Terms and continue in full force and effect. If any provision of these Terms shall be held unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions. These Terms, together with our Privacy Policy, and all other documents incorporated herein by reference, constitute the entire agreement between the parties pertaining to the subject matter hereof and supersede any agreements previously existing between the parties with respect to such subject matter.

 

19. Text Messaging

You agree to receive account notification messages from SelmanCo. Message frequency varies. Message and data rates may apply. For help, call us at 800-735-6262 or email us at memberservices@selmanco.com for support. You can opt out at any time by replying STOP.

 

20. Notice For California Users

Under California Civil Code Section 1789.3, California users of the Site are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N. 112, Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210. We may be contacted via e-mail at legal@one80.com.

 

21. Questions

If you have any questions or comments regarding these Terms, please feel free to contact us by e-mail at legal@one80.com. 

 

Please contact us if you need assistance.

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