All Information (“Content”) provided by South Dakota Farm Bureau Health Plans on the World Wide Web of the Internet (“its web sites”) is owned by or licensed to South Dakota Farm Bureau Health Plans and/or its affiliates and subsidiaries. By accessing and using any of the South Dakota Farm Bureau Health Plans web sites you represent that you are 18 years or older and understand that through such access and usage you are legally bound by these Terms and Conditions.
South Dakota Farm Bureau Health Plans retains all proprietary rights to South Dakota Farm Bureau Health Plans information. All unauthorized use of the information (including e-mail addresses) contained on these sites is strictly prohibited without prior written permission from South Dakota Farm Bureau Health Plans.
South Dakota Farm Bureau Health Plans does, however, authorize you to copy documents published on our sites for noncommercial, personal use. In consideration of this authorization, you agree that any copy of these documents that you make shall retain all copyright and other proprietary notices contained herein.
Each individual document published by South Dakota Farm Bureau Health Plans on our web sites may contain other proprietary notices and copyright information relating to that individual document. Likewise, any product, process, or technology contained in individual documents on our web sites may be the subject of other intellectual property rights reserved by South Dakota Farm Bureau Health Plans and may not be licensed hereunder.
All trade names, trademarks, service marks, images and logos on South Dakota Farm Bureau Health Plans owned web sites are proprietary to their respective owners and are protected by applicable trademark and copyright laws. Any unauthorized use of South Dakota Farm Bureau Health Plans owned marks or graphics is strictly prohibited.
You may not, nor may you allow others to, directly or indirectly, attempt or actually disrupt, impair or interfere with, alter or modify any South Dakota Farm Bureau Health Plans owned web site or content. Likewise, you may not, nor may you allow others to, directly or indirectly, collect or attempt to collect any information about our customers, including passwords, account or other data.
Users may through hypertext or other computer links gain access to other sites on the Internet which are not part of South Dakota Farm Bureau Health Plans web sites. South Dakota Farm Bureau Health Plans assumes no responsibility for any material outside of South Dakota Farm Bureau Health Plans web sites that may be accessed through any such link.
Disclaimer
The material on our sites is provided as is. This means that South Dakota Farm Bureau Health Plans disclaims all express and implied warranties about the material in the sites. This includes, but is not limited to, warranties that: (1) the material is of any particular level of quality or is fit for a particular purpose; (2) the functional elements contained in the materials will be uninterrupted or error-free; (3) defects will be corrected; (4) our sites, or the servers that make them available are free of computer viruses or other harmful components or conditions; or (5) information contained in the sites is accurate as of any particular date.
South Dakota Farm Bureau Health Plans 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: (1) use of (or inability to use) the sites; (2) use of (or inability to use) any site to which you hyperlink from our sites; (3) failure of performance; (4) error; (5) omission; (6) interruption; (7) defect; (8) delay in operation or transmission; (9) computer virus; or (10) line failure. 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, 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.
However, 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 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.
By providing material on our web site, South Dakota Farm Bureau Health Plans does not in any way promise that the materials will remain available to you or that you will qualify for the products we offer. South Dakota Farm Bureau Health Plans is entitled to terminate all or part of any of its web sites at any time, without notice to you.
Jurisdiction
Unless otherwise specified, the materials in our site are presented to provide information about South Dakota Farm Bureau Health Plans and our products and services. South Dakota Farm Bureau Health Plans operates and controls its sites from the Company’s headquarters in Huron, South Dakota, in the United States of America, and South Dakota law shall govern and control any action concerning the South Dakota Farm Bureau Health Plans web 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 state of South Dakota, 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.
Miscellaneous
These Terms and Conditions, and the agreement they create, shall be governed by and interpreted according to the laws of the State of South Dakota, without giving effect to South Dakota’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.
South Dakota Farm Bureau Health Plans may modify these Terms and Conditions, and the agreement they create, at any time, simply by updating this posting or the information on its web sites and without notice to you.
This is the entire agreement regarding all matters that have been discussed in the preceding paragraphs.
By accessing or using any of the South Dakota Farm Bureau, Inc. Internet properties including, without limitation, www.sdfbhealthplans.org, mobile websites, microsites, mobile applications, South Dakota Farm Bureau profiles on social media sites and any other digital services or properties operated or used by South Dakota Farm Bureau from time to time (collectively referred to as the “Sites”) you agree to comply with and be bound by these Terms of Use (“Terms of Use”). Please read these Terms of Use carefully as well as South Dakota Farm Bureau’s Privacy Policy. If you do not agree to the Terms of Use and the Privacy Policy, you must immediately terminate use of the Sites.
About South Dakota Farm Bureau®, Inc.
South Dakota Farm Bureau®, Inc. is a member of the American Farm Bureau Federation®, a national organization of farmers and ranchers including Farm Bureau® organizations in 49 other states and Puerto Rico, and is responsible for Farm Bureau membership and programs within the State of South Dakota. South Dakota Farm Bureau programs and services are available only to Farm Bureau members within South Dakota. The political views expressed in these pages represent South Dakota Farm Bureau’s positions on various issues as they relate to South Dakota. The positions of the national Farm Bureau organization collectively are expressed through the American Farm Bureau Federation. “Farm Bureau,” “FB,” and the “FB” logo are registered service marks of American Farm Bureau Federation and are used by South Dakota Farm Bureau under a license agreement between the two organizations.
PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS SITE. BY USING THIS SITE, YOU AGREE TO THESE TERMS OF USE. IF YOU DO NOT AGREE TO THESE TERMS OF USE, PLEASE DO NOT USE THIS SITE.
- Welcome. This site (the “Website”) is owned and operated by the South Dakota Farm Bureau, Inc. (“we,” “us,” “SDFB”’ or “Farm Bureau”). SDFB has the right at any time to change or discontinue any aspect or feature of the Website, including, without limitation, the content, hours of availability, and equipment needed for access or use of the Website. These Terms of Use apply to all users of the Website, including visitors, advertisers, and members.
- Equipment. You shall be responsible for obtaining and maintaining all telephone, computer hardware, and other equipment needed for access to and use of the Website and all charges related thereto.
- Security. We use industry-standard efforts to safeguard the confidentiality of all information, regardless of whether it identifies you or not. Our security includes use of firewalls, secure socket layers, and encryption. Your password (if issued) is a component of our security system. As such, it is your responsibility to protect it. Do not share your password with any third parties.
- E-Mail Policy. At various points in the Website, we provide visitors the opportunity to contact us via e-mail. E-mail messages are not encrypted. You acknowledge and agree that by providing SDFB with any personal or confidential user information through the e-mail function, you consent to the transmission of such personal or confidential user information through the public Internet, and understand that there are risks that this information could be viewed by other parties. You agree to adhere to procedures that we may establish to enhance the safety and confidentiality of transmissions of personal data over the Internet.
- Restrictions on Use.
- You shall use the Website for lawful purposes only. You shall not post or transmit through the Website any material that (i) violates or infringes in any way upon the rights of others, (ii) is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, or (iii) encourages conduct that would constitute a criminal offense, gives rise to civil liability or otherwise violates any law. You shall not: (i) post or transmit through the Website any material that contains advertising or any solicitation with respect to products or services without SDFB’s express prior approval, or (ii) use the Website to advertise or perform any commercial solicitation, including, without limitation, the solicitation of users to become subscribers of other on-line services. Any conduct by you that in SDFB’s discretion restricts or inhibits any other user from using or enjoying the Website will not be permitted.
- The Website contains copyrighted material, trademarks and other proprietary information, including, without limitation, text, software, photos, video, graphics, music and sound, and the contents of the Website are copyrighted under the United States copyright laws. You may not modify, publish, transmit, display, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part. No copying, redistribution, retransmission, publication, or commercial exploitation of downloaded material will be permitted without the express written permission of SDFB and the copyright owner. In the event of any permitted copying, redistribution, or publication of copyrighted material, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. You acknowledge that you do not acquire any ownership rights by downloading copyrighted material.
- You shall not upload, post or otherwise make available on the Website any material protected by copyright, trademark, or other proprietary right without the express permission of the owner of the copyright, trademark, or other proprietary right, and the burden of determining that any material is not protected by copyright rests with you. You shall be solely liable for any damage resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from such a submission. By submitting material to any public area of the Website, you automatically grant, or warrant, that the owner of such material has expressly granted SDFB the royalty-free, worldwide, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, display, translate and distribute such material (in whole or in part) and/or to incorporate it in other works in any form, media or technology now known or hereafter developed. You also permit any other user of the Website to access, view, store, or reproduce the material for that user’s personal use. You grant SDFB the right to edit, copy, display, publish, and distribute any material made available on the Website by you.
- Access to the Website, other than to portions open to the public, may be controlled by individual passwords. Individuals may not share their passwords with anyone else or permit their passwords to be used to provide anyone else with access to non-public portions of the Website.
- The foregoing provisions of this Section are for the benefit of SDFB, its subsidiaries, affiliates, and its third party content providers and licensors and each shall have the right to assert and enforce such provisions directly or on its own behalf.
- Disclaimer of Warranty; Limitation of Liability.
- YOU EXPRESSLY AGREE THAT USE OF THE WEBSITE IS AT YOUR SOLE RISK. NEITHER SDFB, ITS AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT THE WEBSITE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE WEBSITE, OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION, SERVICE OR MERCHANDISE PROVIDED THROUGH THE WEBSITE, INCLUDING, WITHOUT LIMITATION, ANY INFORMATION OR TOOLS PROVIDED ON THE WEBSITE SUCH AS CALCULATORS, NEWS, WEATHER INFORMATION AND MARKET
- SDFB SHALL NOT BE LIABLE FOR ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING WITHOUT LIMITATION, LOST REVENUES OR LOST PROFITS, WHICH MAY RESULT FROM THE USE OF, ACCESS TO, OR INABILITY TO USE THE WEBSITE. (BECAUSE SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.) SDFB MAKES NO WARRANTY, EXPRESS OR IMPLIED, AS TO THE MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT TO ANY MATERIALS AND/OR SERVICES AVAILABLE FROM THE WEBSITE, ALL OF WHICH ARE BEING OFFERED “AS IS.” SDFB MAKES NO WARRANTY OF NONINFRINGEMENT. SDFB ASSUMES NO RESPONSIBILITY AND SHALL NOT BE LIABLE FOR ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING THE WEBSITE OR YOUR DOWNLOADING OF ANY SOFTWARE OR MATERIALS FROM THE WEBSITE.
- Marks. All page headers, custom graphics and button icons are service marks, trademarks, and/or trade dress of SDFB. All other trademarks appearing on the Website are the property of their respective owners. Unauthorized use of any trademark, service mark, or logo appearing on the Website may be a violation of federal and/or state trademark laws.
- Monitoring; Loss of Information. SDFB shall have the right, but not the obligation, to monitor the content of the Website including any chat rooms and forums, to determine compliance with these Terms of Use and any operating rules established by SDFB and to satisfy any law, regulation or authorized government request. SDFB shall have the right in its sole discretion to edit, refuse to post, or remove any material submitted to or posted on the Website. Without limiting the foregoing, SDFB shall have the right to remove any material that SDFB in its sole discretion finds to be in violation of the provisions hereof or otherwise objectionable. SDFB assumes no responsibility for the deletion of or failure to store electronic-mail messages, chat comments, or other information submitted to the Website.
- Violations of Rules and Regulations. We reserve the right to seek all remedies available at law and in equity for violations of the rules and regulations set forth herein, including the right to block access from a particular Internet address to this Website.
- Indemnification. You agree to defend, indemnify and hold harmless SDFB and its affiliates, their respective directors, officers, employees, agents, successors and assigns from and against any and all claims, actions, demands, damages, costs, liabilities, losses and expenses (including reasonable attorneys’ fees) arising out of your use of the Website in violation of these Terms of Use or any applicable law, statute, ordinance or regulation.
- Third Party Content. SDFB is a distributor (and not a publisher with the exception of SDFB generated materials) of content supplied by third parties and users of the Website. Accordingly, SDFB has no more editorial control over such content than does a public library, bookstore, or newsstand. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers and users, are those of the respective author(s) or distributor(s) and not of SDFB. In many instances, the content available through the Website represents the opinions and judgments of the respective information provider or user. SDFB neither endorses nor is responsible for the accuracy or reliability of any opinion, advice or statement made on the Website by anyone other than authorized SDFB employee spokespersons while acting in their official capacities. Notwithstanding the foregoing, SDFB reserves the right to monitor, edit, and sort content supplied by third parties.
- Changed Terms. SDFB has the right at any time to change or modify these Terms of Use, or any part thereof, or to impose new conditions. Such changes, modifications, additions or deletions shall be effective immediately upon notice thereof, which may be given by any means including, without limitation, posting on the Website, or by electronic or conventional mail, or by any other means. Any use of the Website by you after such notice shall be deemed to constitute acceptance of such changes, modifications, additions or deletions.
- Linked Internet Sites. THE LINKS IN THIS WEBSITE WILL LET YOU LEAVE OUR WEBSITE. THE LINKED SITES MAY NOT BE UNDER OUR CONTROL, AND THE CONTENT AVAILABLE ON THE INTERNET SITES LINKED TO THIS WEBSITE MAY NOT NECESSARILY REFLECT OUR OPINION. WE ARE PROVIDING THESE LINKS TO OTHER INTERNET SITES AS A CONVENIENCE TO YOU, AND ACCESS TO ANY OTHER INTERNET SITES LINKED TO THIS WEBSITE IS AT YOUR OWN RISK. THE INCLUSION OF ANY LINK DOES NOT IMPLY THAT WE RECOMMEND OR ENDORSE THE LINKED SITE, OR MAKE ANY REPRESENTATIONS AS TO THE VERACITY OR RELIABILITY OF THE INFORMATION OR SERVICES PROVIDED IN THE LINKED SITE.
- Governing Law; General Provisions. These Terms of Use shall be construed in accordance with applicable laws, without regard to any conflict of laws rules, and you hereby consent to exclusive jurisdiction of SDFB’s choosing for any cause of action, claim, liability, demand or dispute arising out of your use of this Website or its Terms of Use. We operate this Website from our offices within the United States of America. We make no representation that the information in this Website is appropriate or available for use in other locations, and access to this Website from territories where the contents of this Website may be illegal is prohibited. Those who choose to access this Website from other locations do so on their own initiative and are responsible for compliance with applicable local laws. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not be given any legal import.