Disclosures
Terms & Conditions
PLEASE READ THESE TERMS AND CONDITIONS (“Terms”) BEFORE USING THIS SITE. As used in the Terms and Additional Terms, “Lily Fertility” refers to Lily Fertility Company (doing business as Lily Fertility Insurance Services Company in Georgia) and all of its subsidiaries and affiliated companies either collectively or individually. By continuing to access or use Lily Fertility’s website, data, information, products, applications, or services (collectively “Services”), you acknowledge that you have read and understand these Terms and agree to be bound by them. If you do not accept or understand all of these Terms, do not access or use this site and cease your current access.
PLEASE READ THESE TERMS CAREFULLY TO ENSURE THAT YOU UNDERSTAND EACH PROVISION. THESE TERMS CONTAIN A MANDATORY INDIVIDUAL ARBITRATION (SEE PARAGRAPH 28) AND CLASS ACTION/JURY TRIAL WAIVER PROVISION (SEE PARAGRAPH 29) THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS.
1. Conditions of Service.
Your use of this website is also subject to our Privacy Policy and Compensation Disclosure (“Additional Terms”). By continuing to access or use the Services, you acknowledge that you have read and understand these Additional Terms and agree to be bound by them as well.
You warrant that you are at least 18 years of age and can enter into binding contracts for insurance or other goods. Persons less than 18 years of age may not use this site and must leave immediately.
You further warrant that all information you provide about yourself or your organization is true and complete information. You agree to promptly notify Lily Fertility of any changes in the information provided about yourself or your organization or any other material changes that could impact your use of the Services.
You agree that any document or electronic information delivered through the website by “clicking” on the designated spaces in or relating to such document shall be deemed to be “in writing” and to have been “signed” and delivered for all purposes by you. Any record of such confirmation (including, without limitation, electronic records) shall be deemed to be “in writing.” You further agree that you shall not contest the legally binding nature, validity or enforceability of any document or confirmation based on the fact that it has been executed by “clicking” on the designated spaces and expressly waives any and all rights you may have to assert such a claim.
You further agree: (i) to comply with applicable U.S. federal, state, and local laws and regulations regarding the transmission of any information obtained from the Services; (ii) not to use the Services for false, fraudulent or illegal purposes; (iii) not to use any device, software or similar technology that interferes or disrupts the operation of this site; and (iv) to comply with the authorized use of and entry into Lily Fertility’s systems and Services.
2. Insurance Services.
If you choose to use Lily Fertility’s insurance brokerage services (“Insurance Brokerage Services”), you agree to: (i) designate Lily Fertility as your broker of record or agent of record; (ii) authorize Lily Fertility to communicate such designation as broker or agent of record to any insurance carrier, your prior insurance producer, and any other person or entity Lily Fertility determines should be advised; (iii) work exclusively with Lily Fertility for such Insurance Brokerage Services unless we have otherwise expressly agreed; (iv) agree to use Lily Fertility’s third-party payment processing partner for all payment transactions pertaining to Insurance Brokerage Services and pay any transaction fees as that partner may require as part of the payment processing with the understanding that such transaction fees are separate from and not collected by Lily Fertility; and (iv) permit Lily Fertility to receive any commission or other form of compensation that any insurance carrier agrees to pay to Lily Fertility in connection with the provision of Insurance Brokerage Services. For further information regarding Lily Fertility’s compensation, please see our Compensation Disclosure.
3. Intellectual Property Ownership.
This website, including but not limited to its trademarks, trade names, service marks, content, materials, designs, text, photographs, video, audio and graphics (collectively “Content”), belong to Lily Fertility or to other parties. No one is authorized to use or alter any of the Content in any manner without the prior written permission of the owner of the Content.
The Content is protected by U.S. and international copyright law and treaties, and shall not be transmitted, broadcast, copied, adapted, displayed, reproduced, republished, uploaded, downloaded, posted, distributed, performed or otherwise used without the prior express permission of Lily Fertility. All Content, databases and other intellectual property rights associated with the Services, whether registered or unregistered, and related goodwill, are proprietary rights of Lily Fertility. Your use of and access to this site does not grant you a license or any right to use any of the Content.
Modification of any Content or materials displayed on the website or the use of any materials displayed for any other purpose is a violation of the copyrights and other proprietary rights of Lily Fertility and is prohibited.
4. Restrictions on Use.
You agree to use the Services solely for your own personal use and benefit or for that of your organization. You may not use this site or the Services for any commercial, financial or other similar purpose without the prior written consent of Lily Fertility.
5. Reserved.
6. Disclaimer of Warranties – General.
USE OF THE SERVICES, THE CONTENT AND ANY MATERIALS OBTAINED THROUGH YOUR USE OF THE SERVICES IS AT YOUR OWN RISK. LILY FERTILITY MAKES NO WARRANTY OF ANY KIND REGARDING THIS WEBSITE, THE SERVICES AND/OR THE CONTENT WHICH ARE PROVIDED “AS-IS,” “AS AVAILABLE” AND “WITH ALL FAULTS.” LILY FERTILITY EXPRESSLY DISCLAIMS ANY REPRESENTATION OR WARRANTY THAT THIS WEBSITE WILL BE ERROR-FREE, SECURE, OR UNINTERRUPTED. LILY FERTILITY FURTHER DISCLAIMS ANY WARRANTY AS TO THE ACCURACY, RELIABILITY, 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.
LILY FERTILITY EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS, INCLUDING IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, EXCEPT TO THE EXTENT SUCH WARRANTIES ARE REQUIRED BY APPLICABLE LAW. LILY FERTILITY DOES NOT UNDERTAKE ANY OBLIGATION OR RESPONSIBILITY TO UPDATE OR AMEND ANY CONTENT OR OTHER INFORMATION PUBLISHED THROUGH THE SERVICES.
SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THIS WARRANTY DISCLAIMER MAY NOT APPLY IN WHOLE OR IN PART TO YOU.
7. Limitation of Liability.
UNDER NO CIRCUMSTANCES WILL LILY FERTILITY BE LIABLE FOR ANY LOSS OR DAMAGES INCLUDING, WITHOUT LIMITATION, GENERAL, SPECIAL, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, PUNITIVE OR ANY OTHER DAMAGES (SUCH AS LOSS OF PROFITS, LOSS OF GOODWILL, LOSS OF USE, LOSS OF DATA, BUSINESS INTERRUPTION, EMOTIONAL DISTRESS OR OTHER INTANGIBLE LOSSES) OF ANY KIND WHETHER IN AN ACTION IN CONTRACT OR TORT, EVEN IF LILY FERTILITY WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, LOSSES OR EXPENSES, ARISING OUT OF OR RELATING IN ANY WAY TO: (A) ANY PARTY’S USE OR INABILITY TO USE THE SERVICES, THE CONTENT, OR ANY THIRD-PARTY SITE TO WHICH THE SERVICES OR CONTENT LINK; (B) ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS OR LINE OR SYSTEM FAILURE; (C) THE COST OF GETTING SUBSTITUTE GOODS OR SERVICES; (D) ANY PRODUCTS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO, THROUGH OR FROM THE SERVICES; (E) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (F) STATEMENTS OR CONDUCT OF ANYONE ON THE SERVICES; (G) THE USE, INABILITY TO USE, UNAUTHORIZED USE, PERFORMANCE OR NON-PERFORMANCE OF ANY THIRD PARTY SITE; (H) ANY INJURY OR DAMAGES, WHETHER CAUSED BY THE NEGLIGENCE OF LILY FERTILITY, ITS EMPLOYEES, SUBCONTRACTORS, AGENTS, SUPPLIERS OR OTHERWISE ARISING IN CONNECTION WITH THE SERVICES; (I) 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; (J) ANY ACTIONS ASSOCIATATED WITH THE SUBMISSION OR HANDLING OF A CLAIM; (K) ANY ACTIONS ASSOCIATATED WITH THE DELAY IN ISSUING ANY CERTIFICATE OF INSURANCE OR THE HANDLING OR TRACKING OF CERTIFICATES OF INSURANCE; OR (L) ANY OTHER MATTER ARISING OUT OF OR RELATING IN ANY WAY TO THE SERVICES, THE CONTENT OR USER CONTENT. LILY FERTILITY IS NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER.
YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SERVICES OR THE CONTENT IS TO DISCONTINUE USING THE SERVICES OR ACCESSING THE CONTENT. IN NO EVENT WILL LILY FERTILITY’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION OF ANY KIND OR NATURE WHATSOEVER EXCEED THE AMOUNT OF COMMISSION, FEE OR OTHER REMUNERATION EARNED BY LILY FERTILITY FOR PROVIDING SERVICES TO YOU FOR THE TWELVE MONTHS PRIOR TO THE ALLEGED ACT CAUSING DAMAGES.
8. Limitation of Liability – Waiver of Unknown Claims.
BY ACCESSING THE SERVICES, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, WHICH PROVIDES AS FOLLOWS:
“A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR,”
AND, TO THE EXTENT APPLICABLE, CORRESPONDING RIGHTS UNDER ANY SIMILAR LAW OF ANY STATE.
IF ANY OF THE FOREGOING LIMITATIONS IN PARAGRAPHS 5 THROUGH 7 ARE FOUND TO BE INVALID, LILY FERTILITY’S TOTAL LIABILITY FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION OF ANY KIND OR NATURE WHATSOEVER SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
9. Indemnification.
You agree to defend, indemnify and hold harmless Lily Fertility and its employees, representatives, suppliers and agents from and against any and all claims, suits, actions, losses, expenses, demands or liabilities, including attorneys’ fees and costs, incurred by Lily Fertility in connection with, arising out of or in any way related to: (i) your use of the Services or the Content; (ii) your violation or alleged violation of the Terms, including, without limitation, your violation or alleged violation of any applicable law; (iii) your infringement or alleged infringement of any intellectual property or other right of any other person or entity; (iv) your violation of any other state or federal law or regulation and (v) your use of Third-Party Services (defined below). Lily Fertility reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you further agree that you will cooperate fully in the defense of any such claims.
10. No Legal Advice.
Any information you access on this website does not constitute a recommendation, advice, or complete description of any products, Content Services, or plan.
Coverage is provided by various insurance companies and is subject to the terms and conditions contained within your specific policy. The availability of coverage under your specific policy depends on the policy language, the facts of the claim and the law of the jurisdiction governing the interpretation of the policy.
You must not rely on the information on this website as an alternative to legal advice from an attorney nor should you delay seeking legal advice, disregard legal advice, or commence or discontinue any legal action based on the Services or Content.
11. Third-Party Services and Links.
Lily Fertility may make branded services of third party vendors available to you to help manage your risks (“Third-Party Services”). Although these Third-Party Services may be billed through Lily Fertility, Lily Fertility assumes no liability for the Third-Party Services or any disputes associated with any Third-Party Services.
Lily Fertility may use third party vendors (“Third-Party Vendors”) to host or deliver certain experiences within or connected to its website, including but not limited to communication facilitation, payment processing and premium financing. You agree and acknowledge that Lily Fertility is not liable for such Third-Party Vendors as part of a communication or payment/financing experience. Please read and understand the terms, conditions, privacy policy and any fees associated with transactions as they are those of the Third-Party Vendors hosting such experience and separate from these Terms and Lily Fertility’s Privacy Policy and Compensation Disclosures.
Lily Fertility may provide, or third parties may provide, links to other websites or resources on the Internet. You acknowledge and agree that Lily Fertility is not responsible for the availability of such external websites or resources, and Lily Fertility does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such websites or resources or for any privacy or other practices of the third parties operating those websites or resources. Lily Fertility strongly encourages you to review any separate terms of use and privacy policies governing use of any third party websites and resources.
12. Licensed Entities.
Lily Fertility has subsidiaries which are licensed as applicable in various U.S. states. This website is not intended as a solicitation for insurance or claims services in any state or province where Lily Fertility is not licensed.
13. Applications and Quotes.
Submitting an application for an insurance quote through this website does not guarantee that a quote will be provided. An application may be declined based on available underwriting information, including information from third-party sources. Quotes may be used by Lily Fertility to provide an estimate of the terms, conditions, and costs of coverage. A quote may be subject to receipt of additional information or other conditions. A quote does not constitute insurance coverage.
14. Benchmarking Data.
Lily Fertility uses commercially available benchmarking data. Lily Fertility makes no guarantee as to the accuracy of its benchmarking data. Moreover, this information is not a quote or an offer of coverage at a specified price.
15. Insurance Companies and Underwriting Guidelines.
Insurance companies decide whether or not to offer, renew, cancel or non-renew insurance coverage or otherwise provide customers with the requested insurance products. In certain circumstances, Lily Fertility may act on behalf of a number of unaffiliated insurance companies and may provide underwriting services subject to guidelines or other operations requirements issued to it by those insurance companies. All decisions regarding any insurance products, including but not limited to, approval for coverage, premium, commission, fees, or issuing company will be made solely by the insurer underwriting the insurance under the insurer’s then-current criteria. All insurance products are governed by the terms, conditions, and exclusions set forth in the applicable insurance policy. Lily Fertility makes commercially reasonable efforts to maintain price, availability of coverage and information as accurately as possible, however, prices, terms, conditions or exclusions are subject to change without notice, and not all Services or insurance products may be available in all locations, states, jurisdictions, provinces, territories, or risk profiles. Please see a copy of your policy for the full terms and conditions. Policy obligations are the sole responsibility of the issuing insurance carrier. Lily Fertility is not responsible or liable for any resulting loss based on those underwriting decisions made in compliance with applicable requirements.
16. Reserved.
17. Policy Summaries.
The coverage, exclusion, endorsement and other summaries that may be provided by Lily Fertility are for general informational purposes only. They are not intended to provide legal advice, and should not be treated as such.
Lily Fertility uses its best efforts to prepare the policy summaries, but does not guarantee their accuracy. You should review your actual policy to confirm coverage. The availability of coverage under your specific policy depends on the policy language, the facts of the claim and the law of the jurisdiction governing the interpretation of the policy.
18. No Modification of Insurance Policy or Coverage.
Unless otherwise expressly stated in writing, nothing contained on this website or provided to you by Lily Fertility should be construed as modifying, changing or altering your policy or coverage thereunder.
19. A.M. Best Ratings.
A.M. Best ratings for insurance companies may be provided as a courtesy reference and change frequently. Contact Lily Fertility for the most current rating.
20. Decisions, Services and Your Responsibilities.
You agree and consent to provide and receive electronically all documents related to obtaining and receiving Services, including but not limited to insurance applications, policies, endorsements, notices, disclosures, disclaimers, cancellations, and related communications, and further acknowledge that while you have an active policy with Lily Fertility, you cannot opt-out of any Service related communications whether electronic or otherwise.
When you consent to receive Communications electronically, you should not expect to receive a paper copy of any Communication, unless a written or paper copy is required by law or requested of us in writing by you. Paper copies not required by law may incur a reasonable service charge for their printing and delivery to you. You may request a paper copy in writing using the contact details below.
All information you provide for and in connection with any Services must be true, correct, and not misleading. Your choice to purchase any Services or act upon any recommendation provided by Lily Fertility is solely yours. By submitting or signing an application of insurance, digitally or otherwise, you acknowledge that it shall be the basis of the contract should a policy be issued and may be attached to and become a part of such policy. Any information, representation, or warranty you make in conjunction with receiving Services is relied upon and subject to applicable insurance fraud laws or regulations. For any Services purchased or ordered, including but not limited to any insurance policy purchased on the website or otherwise, the user who makes such purchase or order will be the contact of record for those Services.
21. Surplus Lines Products.
Lily Fertility may not be able to provide Services, specifically insurance policies, in the admitted market for the terms, conditions, or exposures you require or present to us. Quotes or insurance proposals may include offerings from insurers who are not licensed or admitted to transact business in a certain state and are not subject to the supervision of such state’s insurance department. These insurers are generally referred to as surplus lines insurers and in the event the insurer becomes insolvent, the state insurance guarantee fund(s) will not respond. Taxes, fees and other surcharges may be due for such insurance policies, which will be invoiced accordingly. Some states require that you acknowledge such insurance policies as being surplus lines in writing. Such forms or documents requiring signature will be delivered to you or your organization, and must be signed by an authorized representative and returned to Lily Fertility promptly, otherwise coverage could be compromised or canceled.
22. Payments.
A. General
As a duly authorized representative of the Insured, you represent and warrant that you have the right to use any payment method you submit in connection with any payment.
Certain types of Insurance Services are subject to fees, surcharges, taxes or other amounts required by third-parties. Lily Fertility endeavors to provide you with notice of these in advance, but in all instances, the responsibility to pay these amounts remains the responsibility of the Insured.
B. Third-Party Payment Processors
Lily Fertility uses third-parties to process certain payment and financial transactions. These parties may charge transaction fees and may offer payment options that include premium financing through a lender. You should review and understand their policies and direct any questions to them. Lily Fertility is not responsible for your payment decisions or transactions with those third-parties.
C. Premium Financing
Premium financing for insurance policies is a financial arrangement where a third-party lender provides funds to pay the premiums on an insurance policy. If you select premium financing, you further represent and warrant that you are able to enter into loan agreements on behalf of the insured, and agree and acknowledge that to the best of you and the insured’s knowledge:
• The financed policies are in full force and effect, and the insured has not and will not assign any interest in the financed policies except for the interest of lenders and loss payees;
• You will pay the down payment as required;
• All information you provide for the finance agreement and in connection with the purchased insurance policy/ies is true, correct, and not misleading;
• The insured is neither insolvent nor financially impaired;
• The insured is not in arrears to the insurance companies issuing the financed policies; and
• There is no provision in the financed policy/ies that would require Lily Fertility or any lender to notify or obtain consent from any other party to effect cancellation of the financed policy/ies.
• Should you select premium financing without proper authorization, the insured will remain responsible for any uncollected amounts, and Services may be canceled or withheld as permitted under applicable contract or law.
23. No Guarantee of Services.
Lily Fertility is constantly changing and improving its Services. We may add or remove functionalities or features, and we may suspend or stop a Service altogether. We may terminate, suspend, change, or restrict access to all or any part of the Services, in each case without notice or liability.
Lily Fertility also reserves the right to limit the availability of the Services or the provision of any Content to any person, organization, geographic area or jurisdiction, at any time and in its sole discretion, subject to applicable law.
24. Access Outside the United States.
If you access the Services from outside the United States, you are responsible for compliance with foreign and local laws. Lily Fertility does not provide insurance brokerage or other services to governments, governmental agencies, businesses, individuals, other groups, or any of their agents that are subject to U.S. trade sanctions. By using the Services, you represent and warrant that you are not subject to any U.S. trade sanctions.
25. Termination.
These Terms, as may be amended from time to time, are effective until your account, if applicable, is deactivated by either you or Lily Fertility and you discontinue your use of the Services. Any section of the Terms that by their nature is intended to survive termination of the Services or your use or access to the Services or the Content shall survive such termination.
26. Governing Law.
The laws of the State of Delaware, excluding the conflicts of law provisions thereof, will apply to any disputes arising out of or in any way related to these Terms or the Services. You acknowledge that these Terms may evidence a transaction involving interstate commerce. Notwithstanding the foregoing, any arbitration conducted pursuant to these Terms shall be governed by the Federal Arbitration Act (9 U.S.C. §§ 1-16). The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded.
You agree to submit to the personal jurisdiction of the federal and state courts located in Delaware for any actions for which Lily Fertility retains the right to seek injunctive or other equitable relief to prevent the actual or threatened infringement, misappropriation or violation of its copyrights, trademarks, trade secrets, patents, or other intellectual property or proprietary rights, as set forth in the Arbitration section below, including any provisional relief required to prevent irreparable harm. You further agree that Delaware is the proper forum for any appeal of an arbitration award or for trial court proceedings in the event that the arbitration provision below is found to be unenforceable.
27. Informal Dispute Resolution.
For any dispute with Lily Fertility, you agree to first contact us at the address listed in our Privacy Policy and attempt to resolve the dispute with us informally. In the unlikely event that we are not able to resolve the dispute after 60 days, we agree that any and all disputes, claims or controversies arising out of or relating to these Terms or the Additional Terms shall be submitted to JAMS, or its successor, for mediation, and if the matter is not resolved through mediation, then it shall be submitted to JAMS, or its successor, for final and binding arbitration pursuant to the arbitration provision below.
Either party may commence mediation by providing to JAMS and the other party a written request for mediation, setting forth the subject of the dispute and the relief requested. The parties will cooperate with JAMS and with one another in selecting a mediator from the JAMS panel of neutrals and in scheduling the mediation proceedings. The parties agree that they will participate in the mediation in good faith and that they will share equally in its costs.
All offers, promises, conduct and statements, whether oral or written, made in the course of the mediation by any of the parties, their agents, employees, experts and attorneys, and by the mediator or any JAMS employees, are confidential, privileged and inadmissible for any purpose, including impeachment, in any arbitration or other proceeding involving the parties, provided that evidence that is otherwise admissible or discoverable shall not be rendered inadmissible or non-discoverable as a result of its use in the mediation.
28. Arbitration.
READ THIS SECTION CAREFULLY BECAUSE IT REQUIRES THE PARTIES TO ARBITRATE THEIR DISPUTES AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM LILY FERTILITY.
If the matter is not resolved by informal negotiations or mediation, then the matter will proceed to arbitration as set forth below.
Any dispute, claim or controversy arising out of or relating to these Terms or the Additional Terms or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by arbitration in Delaware, unless otherwise agreed upon by Lily Fertility. The arbitration shall be administered by JAMS pursuant to either its Comprehensive Arbitration Rules or Streamlined Arbitration Rules and Procedures depending upon the amount of the damages claimed, excluding attorneys’ fees. Judgment on the award may be entered in any court having jurisdiction. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. Nothing in this paragraph shall be deemed as preventing Lily Fertility from seeking injunctive or other equitable relief from the courts as necessary to prevent the actual or threatened infringement, misappropriation, or violation of our data security, intellectual property rights or other proprietary rights.
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to your use of this site, the Services, the Terms or Additional Terms must be filed within one (1) year after such claim or cause of action arose.
If any provision of the Terms is found by a court of competent jurisdiction or arbitrator or arbitration panel to be invalid or unenforceable, such provision shall be enforced to the maximum extent permissible and the other provisions of the Terms shall remain in full force and effect.
If any action at law or in equity is necessary to enforce these Terms, the prevailing party will be entitled to reasonable fees of attorneys, accountants and other professionals, and costs and expenses in addition to any other relief to which such prevailing party may be entitled.
29. No Class Actions.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE THAT ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION YOU MAKE AGAINST LILY FERTILITY ARISING OUT OF, IN CONNECTION WITH OR IN ANY WAY RELATED TO THE SERVICES WILL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION OR OTHER REPRESENTATIVE PROCEEDING. THIS WAIVER APPLIES TO CLASS ARBITRATION, AND, UNLESS LILY FERTILITY AGREES OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS.
YOU FURTHER AGREE THAT, BY ENTERING INTO THIS AGREEMENT, YOU AND LILY FERTILITY ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR OTHER REPRESENTATIVE ACTION.
30. Entire Agreements and No Waiver.
The Terms and Additional Terms (and any terms that are incorporated by reference herein or hereinafter implemented) constitute the entire agreement between you and Lily Fertility in connection with your use of the Services. The titles contained in the Terms are inserted only as a matter of convenience and have no legal or contractual effect. You agree that the Terms will not be construed against Lily Fertility by virtue of having drafted them.
The failure of Lily Fertility to enforce any of its rights or act with respect to a breach of the Terms by you or others does not constitute a waiver of any such rights and will not limit Lily Fertility’s rights with respect to such breach or any subsequent breaches. No waiver by Lily Fertility of any of the provisions in the Terms will be of any force or effect unless made in writing and signed by a duly authorized officer of Lily Fertility.
31. Reserved.
32. Modification of Terms.
Lily Fertility reserves the right to change these Terms from time to time and at its sole discretion. The last time these Terms were revised is set forth below. Your continued use of Lily Fertility’s website after the last revision date indicates your acceptance of all revisions.
Compensation Disclosure
Below is a summary of the types of compensation that Lily Fertility Company (doing business as Lily Fertility Insurance Services Company in Georgia) and all of its subsidiaries and affiliated companies either collectively or individually (“Lily Fertility”) may receive:
Commissions
Lily Fertility receives commissions or fees for the underwriting, distribution and servicing of insurance policies. Commission amounts are typically calculated as a percentage of the premium paid to the insurer for a policy, although it may vary depending on several factors.
Contingent Commissions
Lily Fertility may also receive income through contingent commissions received from insurers for having achieved certain criteria.
Other Benefits or Compensation
In addition to such commissions or fees for services, Lily Fertility may receive investment income on fiduciary funds temporarily held by it, such as premiums or return premiums.
From time to time Lily Fertility may be compensated by insurers for providing administrative services to clients on behalf of those insurers. Such amounts are typically calculated as a percentage of premium or are based on the number of insureds.
Miscellaneous Fees
Lily Fertility may charge permitted servicing fees for various billing options. Lily Fertility may also receive direct or indirect compensation from parties related to other aspects of its operations or services.
Privacy Policy
This privacy policy (“Privacy Policy”) generally describes the information that Lily Fertility Company (doing business as Lily Fertility Insurance Services Company in Georgia) and all of its subsidiaries and affiliated companies either collectively or individually (“Lily Fertility”, “we” or “us”) collects when you access or use its website and any of its applications, products or services (collectively, the “Services”). It also explains how we use and share the information and what steps we take to protect it.
This Privacy Policy applies to any personal information you provide to Lily Fertility and any personal information we collect when you contact us, visit or use our websites or applications, request a service from us or use other services that refer to or link to this Privacy Policy.
This Privacy Policy is also supplemented by additional privacy statements, terms or notices relevant to your experience with Lily Fertility. Please also review the Terms and Conditions that govern your use of our Services. This Privacy Policy does not apply to your use of any third-party websites linked to or from our websites or Services.
1. Information We Collect.
The types of information we collect and share depends on the product or Services you have with us. This information can include:
• Contact or User details: such as your name, contact information, and Social Security Number;
• Demographic details: such as your date of birth, and gender;
• Account information: such as log-in information when you log into our website,
• Financial and business ownership information: such as including profit sharing and ownership interests, employment status, salary, job title, and affiliations; and
• Other information used for Services: such as your payment history, and claims information.
If you use our websites, we may also automatically collect online information such as:
• Device data: such as information about your computer, phone, tablet or other device you use to access the Services.
• Your IP address, location data, or other device identifying information, browser type, browser language, the date and time of your request, and one or more cookies that may uniquely identify your device;
• Language preferences, referring URLs, and;
• Information obtained through the use of cookies, flash cookies, web beacons or embedded script.
• Interactions which may include viewed pages and content, along with other actions performed while using the Services.
We may supplement the information we collect about you with information from third parties. This information may include, but is not limited to:
• Information from other sources such as those reporting financial, litigation, medical or health care information;
• Public database information;
• Other parties or partner information: such as information received from joint marketing partners, affiliate programs, data providers, social media or insurer partners; and
• Information from other reporting agencies and state and federal government agencies such as credit reporting agencies.
• We treat all information about you, whether received from you or from a third party, in accordance with this Privacy Policy and our Terms and Conditions.
2. How Do We Use The Information We Collect?
We use the information we collect to provide, maintain, protect, optimize and improve our Services, and to enhance your user experience. We may also use the information we collect in the following ways:
Every Day Business Purposes:
We use the information you provide to maintain your account, report to credit bureaus, process or service requested or authorized transactions, sell, solicit, negotiate or secure quotations for insurance, obtain insurance coverage or report or process claims. Your information may be disclosed to regulators, insurers, reinsurers, insurance intermediaries, brokers, underwriters, insurance reference bureaus, medical service providers, fraud detection agencies, loss adjusters, lawyers, accountants, and others involved in insurance related activities. Your information may also be used to carry out due diligence, identity, credit reference, bankruptcy, sanctions, data validation, anti-money laundering, “Know Your Customer” and other business acceptance, vetting and risk management agency checks.
For Our Own Analytic Purposes:
Lily Fertility may also use your information to develop new Services, conduct research and to create anonymous or aggregated reporting for its own use.
For Our Own Marketing Purposes:
Lily Fertility may use your information to offer products or Services to you.
To Comply with Legal Requirements:
It may be necessary to retain and provide information collected from you to respond to subpoenas, other discovery requests, legal investigations, regulatory investigations or court orders. We may share information pursuant to a governmental agency or investigatory body request. We may also use personal information to enforce our agreements, trace debtors, recover any outstanding debt in connection with the Services provided, and share your information as required by the Fair Credit Reporting Act.
3. How Is Your Information Shared?
Lily Fertility does not generally share, sell, rent or otherwise distribute your personal information except:
With Our Service Providers:
We may share your personal information with other companies and individuals to perform functions or services for us or on our behalf, including but not limited to hosting this site, sending and receiving messages whether via email, chat, text or otherwise, managing and facilitating payments, making phone calls, and providing services associated with technology, insurance and related services. These parties are contractually restricted from using any personal information for purposes other than providing services for Lily Fertility or on our behalf.
For Administrative and Legal Reasons:
See Section 2 above. Additionally, Lily Fertility also reserves the right to disclose or use information if it has a good faith belief that such action is necessary to: (a) protect and defend the rights, property, or safety of Lily Fertility, other users of this website, or the public; (b) enforce the Terms and Conditions; (c) respond to claims that any content violates the rights of third parties; (d) respond to claims of suspected or actual illegal activity; (e) detect, address or prevent fraud, security or technical issues; or (f) respond to an audit.
4. How Can You Limit The Sharing of Your Data?
Lily Fertility respects your privacy and your right to limit the sharing of your information. The following identifies ways in which you can limit the sharing of your information and data:
You can contact us at any time to limit our sharing by using the contact form at the bottom of this Privacy Policy. Please note, however, that federal law gives you the right to limit only:
• Sharing for affiliates’ everyday business purposes – information about your creditworthiness;
• Affiliates from using your information to market to you;
• Sharing for non-affiliates to market to you; and
• Where State laws may give you additional rights to limit sharing.
You can also opt out of receiving marketing emails by following the instructions in any marketing email or text message you receive, however you may not opt out of communications related to Services.
If you do not wish to allow our website to use cookies or similar technology, you may configure your browser to block them. Please understand that blocking cookies may reduce the functions and Services our website makes available to you.
5. What Steps Does Lily Fertility Take To Protect Your Information?
To protect your personal information from unauthorized access and use, we utilize security measures that comply with federal law. These measures include administrative, technical and physical safeguards. We restrict access to your personal information to those employees or service providers who need to know such information in order to provide the requested Services or products.
We cannot guarantee the security of our systems, nor can we guarantee that information you supply will not be intercepted while being transmitted to us over the internet.
6. Some Other Matters.
Consent to Recording of Your Information:
By using Lily Fertility’s Services, you are expressly consenting to the recording of your personal information and the sharing of this information as set forth above. You expressly waive any claim that by recording your personal information, whether transmitted to a third party or not, violates any applicable privacy rights under any state or federal law.
Accessing and Correcting Your Information:
Keeping your information accurate and up-to-date is very important since inaccurate or incomplete information could impact our ability to deliver Services to you. Please let us know about any changes that may be required to your personal information by updating your account profile or by contacting us.
Continued Use of Information:
Even if you are no longer our customer, we may continue to retain and share your information as described in this Privacy Policy, in accordance with record retention policies or guidelines, or as required under applicable law or regulation.
External Links and Third Party Privacy Policies:
Lily Fertility may post links to third party websites that are governed by their own terms and are not subject to this Privacy Policy. We do not exercise control over these third party sites and are not responsible for the privacy practices of any third party. We encourage you to read the privacy policies and terms of use of any third party websites you visit.
Social Media:
Any information that you submit to a social media site such as Instagram, Twitter/X, Facebook, and others is done at your own risk and without any expectation of privacy. You must review the Privacy Policy of any third party website you interact with and Lily Fertility cannot control the actions of social media site users nor cannot guarantee the privacy or safety of these sites and therefore is not responsible for any content that you or any other social media user posts.
Applicability of Privacy Policy to International Users:
The Services are operated in the United States and intended for users located in the United States. If you access this site from a location outside of the United States, your information may be transferred to the United States and you agree to such transfer. Furthermore, you acknowledge that the United States may not provide the same level of protections as the laws of your country.
Children:
The Services are not intended for anyone under the age of 18. We do not knowingly collect, use or disclose information of children under the age of 13 without the consent of their parents or legal guardians. We will delete any personal information collected that we determine to be from a user younger than the age of 13.
Rights of California Residents:
Lily Fertility does not share or disclose your personal information to third parties for the third parties’ direct marketing purposes. Therefore, California’s “Shine the Light” law (California Civil Code § 1798.83) does not apply to Lily Fertility.
Communications:
For additional information, or if you have questions regarding this Privacy Policy or privacy practices at Lily Fertility, please send correspondence via postal mail to:
Lily Fertility Company
Attn.: Legal Department
14 South Main Street, Suite 200
Aberdeen, SD 57401
CHANGES TO PRIVACY POLICY:
This Privacy Policy may be revised at any time to reflect changes in the law or in Lily Fertility’s business operations, and Lily Fertility adopts any requirements as required by law, incorporating these by this reference until it is specified in an update to this Privacy Policy. Any changes will be effective immediately upon the posting of the revised Privacy Policy. Sometimes there may be material changes to this Privacy Policy that we want to apply retroactively. It is the user’s responsibility to check this document regularly for changes unless we are required by law to otherwise provide notifications or updates.