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"Covered California", "California Health Benefit Exchange", and the Covered California Logo are registered trademarks or service marks of Covered California, in the United States.
This web site is owned and maintained by Warner Pacific Insurance Services, which is solely responsible for its content. This site is not maintained by or affiliated with Covered California, and Covered California bears no responsibility for its content.
The e-mail addresses and telephone numbers that appear throughout this site belong to Warner Pacific Insurance Services , and cannot be used to contact Covered California.
These Terms of Use (these “Terms”) constitute a legal agreement between you and Warner Pacific Insurance Services, Inc. (“Warner Pacific,” “us,” “our,” or “we”) in respect of your use of the warnerpacific.com website (the “Site”), and/or the Warner Pacific mobile application (the “App”, and collectively with the Site and the contents thereof, the “Services”).
By accessing the Services or downloading and installing the App onto your device you agree to these Terms. If you do not agree to these Terms, we do not grant you permission to use the Services, you must not use them, and you must uninstall the App from your device. We may immediately terminate these Terms, the Services, or generally cease offering or deny access to the Services or any portion thereof, at any time for any reason.
Warner Pacific PREPARES QUOTES AND COMPARISONS BASED ON THE INFORMATION PROVIDED BY YOU AND THE APPLICABLE INSURANCE COMPANY. Warner Pacific DOES NOT INDEPENDENTLY VERIFY AND DOES NOT GUARANTEE THE ACCURACY OF THE INFORMATION CONTAINED IN OUR TOOLS AND THEIR ASSOCIATED OUTPUT. YOU ARE ALONE RESPONSIBLE FOR VERIFYING THE ACCURACY OF ALL INFORMATION, INCLUDING BUT NOT LIMITED TO, INSURANCE RATES AND BENEFITS.
FINAL RATES, BENEFITS, PRODUCT OFFERINGS, ELIGIBILITY, AND ACCEPTABILITY ARE DETERMINED BY THE APPLICABLE INSURANCE COMPANY.
By agreeing to these Terms, you expressly agree to the arbitration of all Disputes (as defined below) as further described in this paragraph and in Section 14.3 below. Any controversy, allegation, or claim that arises out of or relates to the Services, these Terms, or any additional terms, whether heretofore or hereafter arising (collectively, a “Dispute”), except for any controversy, allegation, or claim that arises out of or relates to our actual or alleged intellectual property rights (an “Excluded Dispute”), shall be finally resolved by arbitration. The parties agree to arbitrate solely on an individual basis, and that these Terms do not permit class arbitration or any claims brought as a plaintiff or class member in any class or representative arbitration proceeding. The arbitrator or arbitral panel may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding. In the event the prohibition on class arbitration is deemed invalid or unenforceable, then the remaining portions of the foregoing arbitration provisions will remain in force.
1. YOUR ACCESS TO THE SERVICES
Your use of the App under these Terms is also subject to any terms, rules or policies of any app store provider and/or operator from which you have downloaded the App (“App Store Provider”). In the event of any conflict between these Terms and any App Store Provider terms, the App Store Provider terms will prevail. You and we acknowledge and agree that, if you have downloaded the App from the Apple AppStore, Apple and Apple’s subsidiaries are third party beneficiaries under these Terms and Apple will have the right to enforce these Terms against you directly.
We and our service providers are responsible for any maintenance and support of the App and you acknowledge that any App Store Provider from which you download the App is not under any obligation to you to carry out any maintenance and/or support for the App itself.
These Terms apply to the Services including any updates or supplements to the Services, unless they come with separate terms, in which case those terms apply. We may change these Terms at any time and will notify you of a material change when you next access the Site or start the App, or we may also email you about any material changes to these Terms. The new terms may be displayed on-screen and you may be required to agree to them to continue your use of the Services. The date these Terms were last updated appears at the bottom of these Terms.
From time-to-time we may issue updates to the Services. Depending on the update, you may not be able to use the App until you have downloaded and installed the latest version of the App and accepted any new terms. Some updates may not be available to certain device models. In order to use the App, you may be required to obtain certain updates and/or upgrades to your device. You are responsible for any costs and/or fees associated with any such updates/upgrades. You also understand and accept that (a) the device you use to access the Services will require certain software in order for the Services to work correctly and it is your responsibility to ensure that you have the required up-to-date software, (b) the Services have not been developed to meet your individual requirements, and it is therefore your responsibility to ensure that the functionality of the Services meets your requirements, and (c) you are responsible for obtaining the data network access, and the required device necessary (including any associated costs or fees) to use the Services and any updates thereto. Warner Pacific does not guarantee the Services will function on any particular network or device. In addition, the Services may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications.
You may only access the Services or download and install the App onto a device that you own, or if you do not own the device, you must have permission from the owner(s) to do so. You accept responsibility under these Terms for the use of the Services, whether or not you own the device on which the Services are used, or onto which the App is downloaded and installed. You also acknowledge that the owner(s) of the device on which the Services are used, or onto which the App is installed, may be charged by any relevant mobile network operator and/or Internet service provider in relation to any data and/or mobile connectivity used by the Services.
Access to the Services may be suspended temporarily and without notice (i) in the case of system failure, (ii) for maintenance or repair, (iii) where we reasonably suspect there has been a breach of these Terms, (iv) for reasons reasonably beyond our control, or (v) as otherwise explained in these Terms.
Access to the Services is limited to the United States.
2. PERMITTED USE AND RESTRICTIONS
Subject to your compliance with all of these Terms, we grant you a non-transferable, non-sublicenseable, non-exclusive, revocable, limited license to use the Services solely for your personal, non-commercial purposes. We reserve all other rights, which are not granted in these Terms. You may download and install the App through authorized App Store Providers only, and you may view, use and display the App for your personal purposes only.
In order to use the Services, you must register for and maintain an active personal user account (“Account”). You must be at least 18 years of age to register for an Account. Unless otherwise permitted by Warner Pacific in writing, you may possess only one Account. You are solely responsible for maintaining accurate, complete, and up-to-date information in your Account which must reflect your personal information, and you are solely responsible for saving or otherwise backing-up any data within the Services as Warner Pacific is not responsible for any loss of data.
You can delete your Account by emailing us as detailed below. You acknowledge that canceling your Account alone does not delete all of your information from our servers, and you may be able to reactivate your Account.
Except as explained in these Terms, you shall not (and shall not permit any third party to): (i) copy the Services, (ii) rent, lease, sublicense, loan, translate, merge, adapt, republish, post, display, distribute, vary or modify the Services (or any part of them), (iii) attempt to, disassemble, decompile, reverse-engineer or create derivative works based on the whole or any part of the Services, (iv) remove or alter any trademark, service mark, or logo, or any copyright, trademark or other intellectual property notices, or (v) provide, sell, or otherwise make available the Services in whole or in part in any form to any person without our prior written consent.
You must not use (or permit a third party to use) the Services: (A) in any unlawful manner, for any unlawful purpose, or to act fraudulently or maliciously, for example, by hacking into or inserting malicious code, including viruses, or harmful data, into the Services or any operating system used by the Services, or in any defamatory, threatening, obscene or harassing manner, (B) in a way that could damage, disable, overburden, impair or compromise our systems or security, or interfere with other users, (C) to collect or harvest any information or data from the Services or our systems or attempt to decipher any transmissions to or from the servers running the Services, (D) via use of a robot, spider, or other automated device, to monitor or copy the Services or any information provided by the Services, (E) to send, knowingly receive, upload, download, use or re-use any material which does not comply with these Terms, or (F) to transmit, or procure the sending of, any unsolicited or unauthorized advertising or promotional material or any other form of similar solicitation (spam).
Nothing within the Services, nor the proposals or any other materials they generate, should be deemed a contract for coverage or a solicitation of an application for coverage. You may not be eligible for all of the insurance products or services described in the Services, even if you received an insurance quotation from the Services. The insurance quotations obtained by use of the Services do not constitute an offer of insurance and are subject to the approval of the respective insurance providers. No contract for the provision of a policy of insurance is formed by the use of the Services. Warner Pacific does not have the authority to bind and/or approve any application for coverage.
3. SUBMISSIONS
With respect to any information or materials that you submit to us, including but not limited to any feedback or suggestions you provide to us regarding the Services (“Submissions”), you acknowledge and agree that: (a) such Submissions will be considered non-confidential and non-proprietary, (b) we have the right (subject to our Privacy Policy), without limit in time and without payment to you, to use, copy, distribute, adapt, and disclose such Submissions in connection with making the Services available to third parties and performing the functionality of the Services, in any media now known or later discovered, including, without limitation, the right to create derivative works, make improvements, perform (including through digital performance), and transmit (including through digital transmissions) such Submissions, and the right to transfer or sublicense such rights, (c) we may have something similar to the Submissions already under consideration or in development, and (d) you are not entitled to any compensation or reimbursement of any kind from us in connection with the Submissions under any circumstances.
Warner Pacific shall not be subject to any obligations of confidentiality regarding any Submissions except as specified in these Terms or the Privacy Policy (see below), as set forth in any additional terms and conditions relating to specific products or services, or as otherwise specifically agreed to or required by law.
4. SECURITY AND PASSWORDS
You are solely responsible for keeping your password and any other authentication information confidential, and agree to be responsible for all activities that occur under your Account or password. You must not disclose it to anyone else. If you know or suspect that anyone other than you knows your password or any other authentication information, you must notify us immediately using the contact details below. We are not responsible for any losses or liabilities arising out of or in connection with any unauthorized use of the Services through no fault of our own.
We have the right to disable any password, or other authentication information whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these Terms.
5. PRIVACY
These Terms also incorporate the terms of our privacy policy (as updated from time-to-time), which is available from within the Services (the “Privacy Policy”). Our Privacy Policy explains how your personal information will be collected and used as well as other information regarding your privacy (such as how you can adjust your privacy settings). By agreeing to these Terms, you are also agreeing to the Privacy Policy and you consent to (a) the processing of your personal information as explained in the Privacy Policy and (b) the collection of information from your device as explained in the Privacy Policy.
By agreeing to these Terms or using the Services, you agree to receive communications from us, including via email, call, and push notifications. Communications from us may include responses to your inquiries, or operational communications concerning your Account, your secure access, or other use of the Services, including marketing purposes.
Client-specific information that is entered into and generated by this system, including online and/or printed proposals, are confidential and, with the exception of Warner Pacific personnel and other parties authorized by Warner Pacific, may only be accessed by the user from whom the information originated. If you have received a proposal in error, please contact Warner Pacific at solutions@warnerpacific.com and either delete, destroy, or return the proposal to Warner Pacific immediately.
6. INTELLECTUAL PROPERTY RIGHTS
You acknowledge that all intellectual property rights in the Services, whether registered or unregistered, including but not limited to rights in graphics, logos, “look and feel,” trade dress, sequence, structure, organization, code, and all content in the Services and compilation thereof, anywhere in the world, belong to us or our licensors and are valuable trade secrets and confidential information of Warner Pacific, protected by intellectual property laws. You acknowledge that rights in the Services are licensed (not sold) to you, and that you have no rights in, or to, the Services other than limited license granted in Section 2 above. Any use of our intellectual property beyond the scope of this license is prohibited.
In the event that anyone brings a claim that the Services or any part of them, or your possession and/or use, infringes a third party’s intellectual property rights, we (and not any Third Party App Store Provider, including without limitation Apple) shall be responsible for the investigation, defense, settlement and discharge of any such claim.
You also agree not to use any non-public technical, financial, or strategic information or other proprietary or confidential information relating to our business, operations and properties (collectively, “Confidential Information”), disclosed to you by Warner Pacific for your own use or for any purpose other than as contemplated herein. You shall not disclose or permit disclosure of any such Confidential Information to third parties. You agree to take all reasonable measures to protect the secrecy of Confidential Information.
7. THIRD PARTY SITES AND SERVICES
The Services may contain links to or allow you to share content directly with other third party services (“Third Party Services”). You acknowledge that we have no control over Third Party Services and are not responsible for their contents and/or availability. We do not assume any liability for your use of any of the foregoing, which use you acknowledge and agree shall be at your own risk.
These links are provided to you for convenience only and do not constitute an endorsement or approval by us of the organizations that operate such websites, the content or other material contained in Third Party Services and we have no association with their operators. Your use of Third Party Services will be governed by their terms and conditions and privacy policies (if any) (“Third Party Terms”). It is your responsibility to read and comply with all Third Party Terms.
8. NOTICE FOR CALIFORNIA RESIDENTS PURSUANT TO CA CIVIL CODE SECTION 1789.3
California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at 916-445-1254 or 800-952-5210.
9. INDEMNITY
You agree to defend, indemnify and hold us and our parents, affiliates, subsidiaries, and their respective business partners, licensees, licensors, officers, directors, employees and agents (the “Indemnified Parties”) harmless from and against any and all claims, demands, losses, damages, liabilities, costs and expenses (including without limitation reasonable attorneys’ fees and costs), arising out of or in connection with: (a) your use of the Services; (b) your breach or violation of any of these Terms or any related or subsequent agreements, by you, your affiliates and subsidiaries, their respective employees, or anyone authorized to act on your behalf; (c) your violation of the rights of any third party, including via any material supplied by you infringing or allegedly infringing on the proprietary rights of a third party; (d) any service provided or performed or agreed to be performed or any product sold by you or your employees, clients, or assigns, (e) any negligence or willful misconduct by you or your affiliates or subsidiaries, or the respective employees or agents of such entities, or anyone else authorized to act on your behalf; (f) any injury to person or property caused by any products sold or otherwise distributed in connection with the Indemnified Parties, or services provided by the Indemnified Parties; (g) any claim or allegation that your services or products violate any law, ordinance, rule, statute, or regulation of any jurisdiction; (h) any claims from your employees, agents, independent contractors, sub-contractors, and/or suppliers with respect to any lien for nonpayment of services or materials; or (i) any defective product which you sold while using Warner Pacific. We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, which shall not excuse your indemnity obligations. In such event, you shall provide the Indemnified Parties with such cooperation as is reasonably requested by the Indemnified Parties.
10. WARRANTY DISCLAIMER
WE PROVIDE THE SERVICES ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE MAKE NO GUARANTEE THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR FREE, OR FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS. While we take reasonable precautions to prevent the existence of computer viruses and/or other malicious programs, we accept no liability for them. We also make no promises or guarantees, whether express or implied, that the content in the Services is accurate, complete or up-to-date. To the extent permitted by law, we exclude all conditions, warranties, representations and other terms, which may apply to the Services, whether express or implied, including without limitation any implied warranties of merchantability, fitness for a particular purpose, title and non-infringement of the rights of third parties with respect to the Services and all information and content included within the Services.
No information or advice obtained through the Services, or any affirmation by us, by words or actions, shall constitute a warranty. Warner Pacific makes no warranties or representations related to the information or the accuracy thereof, contained on the Services and disclaim all liability for errors or omissions in the information presented. For a complete description of benefits, limitations, exclusions, and participation requirements, interested parties are strongly advised to contact the insurance company or issuer of coverage directly. Among other things, offers of coverage and determination of final rates and benefits all remain the exclusive authority of the insurer and/or issuer of the policy.
Certain assumptions may have been made in the development of our proposals, including, but not limited to, industry classification, dependent status, employee zip codes, and employer/employee premium contributions. The assumptions used, if any, in the development of our proposals may not be correct and may cause the final rates and benefits to differ from those in the proposals. For a variety of reasons, including miscommunication and/or data entry errors (including those made by Warner Pacific personnel), rates and benefits generated by the Services may be inaccurate. These and other factors may also cause the final rates and benefits to differ from those included in a proposal. Use of the Services is deemed an acknowledgement by the user of his/her understanding and acceptance of the fact that responsibility for the accuracy of census information, rate calculations, and all other documents in the proposals rests solely with the user, regardless of who entered the data (including an employee of Warner Pacific).
Warner Pacific makes no warranties or representations related to the accuracy of any medical provider information contained within the Services or any other Third Party Services that are linked to our Services. These medical provider lists may not be accurate, should not be relied on, and should not be the final say for determining which plan and/or provider network is the most suitable choice for someone. Medical providers should be contacted directly for confirmation of their participation within an insurance plan and/or network.
Because some states or jurisdictions do not allow the disclaimer of implied warranties, the foregoing disclaimers may not apply to you. In such jurisdictions, if there is a breach of warranty with respect to the App, you may notify Apple if you purchased the App from Apple, and Apple will refund the purchase price for the App, if any. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation or liability whatsoever.
11. LIMITATION OF LIABILITY
USE OF THE SERVICES AND ALL CHALLENGES TAKEN, ARE AT YOUR OWN RISK. IN NO EVENT SHALL THE INDEMNIFIED PARTIES BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (INCLUDING LOST PROFITS, ANY BREACH OF SECURITY OR ANY DAMAGE TO YOUR DEVICE, LOST DATA, PERSONAL INJURY, PROPERTY DAMAGE, OR LOSSES ARISING OUT OF YOUR USE OF OR RELIANCE ON THE SERVICES OR YOUR INABILITY TO ACCESS OR USE THE SERVICES) ARISING FROM, RELATING TO, OR IN ANY WAY CONNECTED WITH THE USE OR THE PERFORMANCE OF THE SERVICES OR THESE TERMS, HOWSOEVER ARISING AND WHETHER FRAMED IN CONTRACT OR TORT, REGARDLESS OF THE NEGLIGENCE (EITHER ACTIVE, AFFIRMATIVE, SOLE, OR CONCURRENT) OF Warner Pacific, STRICT LIABILITY OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Your sole remedy for dissatisfaction with the Services including, without limitation, content on the Services, is to stop using the Services. Such limitation shall also apply with respect to damages incurred by reason of any content posted by a third party or conduct of a third party on the Services.
We only provide the Services for domestic, informational, personal and private use. You agree not to use the Services for any commercial, business or resale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
In the event the foregoing exclusion of liability is determined, in whole or in part, to be invalid or unenforceable, then the Indemnified Parties’ liability arising in connection with the Services or under these Terms whether in contract, tort (including negligence), strict liability or otherwise, shall not exceed One Hundred Dollars ($100). You agree that any claim or cause of action arising under these Terms or the performance or non-performance of the Services must be brought to us (and not the App Store Provider) and must be brought within one year after such claim or cause of action arises or be forever barred.
THE LIMITATIONS AND DISCLAIMER IN THIS SECTION DO NOT PURPORT TO LIMIT LIABILITY OR ALTER YOUR RIGHTS AS A CONSUMER THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, Warner Pacific’S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. THIS PROVISION SHALL HAVE NO EFFECT ON THE CHOICE OF LAW PROVISION SET FORTH BELOW.
12. TERMINATION
We may terminate these Terms, deactivate your Account, and/or your permission to use the Services immediately, without prior notice or liability, if (a) you commit any breach of these Terms, (b) we discontinue the Services, or (c) we are prevented from providing the Services for any reason.
Furthermore, we reserve the right to change, edit, suspend, delete and/or cancel any part of the Services and/or your access to it at any time with or without notice to you: (i) if required by law, (ii) due to an event beyond our control, or (iii) as a result of changes, cancellations or revocation of approval by any applicable App Store Provider.
On termination of these Terms for any reason: (w) all rights granted to you under these Terms will cease immediately, (x) you must immediately cease all activities authorized by these Terms (including your use of the Services), (y) you must uninstall and remove the App from your device(s), and (z) you acknowledge that we may restrict your access to the Services and/or remove the App from your device. Sections 3, 5-6, and 9-16 will survive any termination or expiration of these Terms.
13. COMMUNICATION BETWEEN US
If you wish to contact us in writing, or if any condition in these Terms requires you to give us notice in writing, you can send this to us by email or by prepaid post using the contact details at the bottom of these Terms. If we have to contact you or give you notice in writing, we may do so by email or using any other contact details you provide to us.
14. DISPUTE RESOLUTION
14.1. Waiver.
14.1.(a) To the extent permitted by applicable law, you, and on behalf of your assigns, successors, agents, representatives, and insurers, hereby expressly release, waive, and discharge Warner Pacific, its affiliates, and each of the agents, employees, officers, directors, and shareholders of Warner Pacific and its affiliates, from and against any and all rights and claims, liabilities, causes of action, damages, demands, liens, losses, costs and expenses (including without limitation attorneys’ fees and costs), or charges of any kind or nature whatsoever, whether known or unknown, developed or undeveloped, suspected or unsuspected, fixed or contingent, liquidated or illiquid, past, present, or future which arise out of, or that are in any manner related to your use of any of the data.
14.1.(b) You hereby waive any and all rights under Section 1542 of the California Civil Code or any similar law of any other state, which Section 1542 reads as follows: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.”
14.2. Governing Law; Jurisdiction. These Terms are governed by California law, without regard to conflict of laws principles. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. You and Warner Pacific agree that, except as otherwise provided in Section 14.3, the state and federal courts located in the County of Los Angeles, California will have exclusive jurisdiction of all Disputes arising out of or related to these Terms or your use of the Services and agree to submit to the personal jurisdiction and venue of these courts. Notwithstanding the foregoing, Warner Pacific shall be allowed to apply for equitable remedies (including injunctions) in any jurisdiction.
14.3. Binding Arbitration.
14.3.(a) Arbitration Procedures. You and Warner Pacific agree that, except as provided in Section 14.3(d) below, all Disputes, (each a “Claim”), shall be finally and exclusively resolved by binding arbitration, which may be initiated by either party by sending a written notice requesting arbitration to the other party. Any election to arbitrate by one party shall be final and binding on the other. The arbitration will be conducted under the Streamlined Arbitration Rules and Procedures of Judicial Arbitration and Mediation Services, Inc. ("JAMS") that are in effect at the time the arbitration is initiated (the “JAMS Rules”) and under the terms set forth in these Terms. In the event of a conflict between the terms set forth in this Section 14 (Dispute Resolution) and the JAMS Rules, the terms in this Section will control and prevail.
Except as otherwise set forth in Section 14.3(d) below, you may seek any remedies available to you under federal, state or local laws in an arbitration action. As part of the arbitration, both you and Warner Pacific will have the opportunity for discovery of non-privileged information that is relevant to the Claim. The arbitrator will provide a written statement of the arbitrator’s decision regarding the Claim, the award given and the arbitrator’s findings and conclusions on which the arbitrator’s decision is based. The determination of whether a Claim is subject to arbitration shall be governed by the Federal Arbitration Act and determined by a court rather than an arbitrator. Except as otherwise provided in these Terms, (a) you and Warner Pacific may litigate in court to compel arbitration, stay proceedings pending arbitration, or confirm, modify, vacate or enter judgment on the award entered by the arbitrator, and (b) the arbitrator’s decision shall be final, binding on all parties and enforceable in any court that has jurisdiction, provided that any award may be challenged if the arbitrator fails to follow applicable law.
14.3.(b) Location. The arbitration will take place in Los Angeles, California unless the parties agree to video, phone or internet connection appearances.
14.3.(c) Limitations. You and Warner Pacific agree that any arbitration shall be limited to the Claim between Warner Pacific and you individually. YOU AND Warner Pacific AGREE THAT (a) THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE ARBITRATED ON A CLASS-ACTION BASIS OR TO UTILIZE CLASS ACTION PROCEDURES, (b) THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE BROUGHT IN A PURPORTED REPRESENTATIVE CAPACITY OR AS A PRIVATE ATTORNEY GENERAL, AND (c) NO ARBITRATION SHALL BE JOINED WITH ANY OTHER ARBITRATION.
14.3.(d) Exceptions to Arbitration. You and Warner Pacific agree that the following Claims are not subject to the above provisions concerning negotiations and binding arbitration: (a) any Excluded Dispute, (b) any Claim related to, or arising from, allegations of theft, piracy, or unauthorized use, and (c) any claim for equitable relief. In addition to the foregoing, either party may assert an individual action in small claims court for Claims that are within the scope of such court’s jurisdiction in lieu of arbitration.
14.3.(e) Arbitration Fees. If you initiate arbitration for a Claim, you will need to pay the JAMS arbitration initiation fee. If we are initiating arbitration for a Claim, we will pay all costs charged by JAMS for initiating the arbitration. All other fees and costs of the arbitration will be charged pursuant to the JAMS Rules.
14.3.(f) Severability. You and Warner Pacific agree that if any portion of this Section is found illegal or unenforceable, that portion shall be severed and the remainder of the Section shall be given full force and effect.
15. OTHER IMPORTANT TERMS
We may transfer our rights and obligations under these Terms to another organization, but this will not affect your rights or our obligations under these Terms.
If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce any of our rights against you, or if we delay in doing so, that will not mean that we have waived any of our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
Each of the conditions of these Terms operates separately. If any court or competent authority decides that any of them are unlawful or unenforceable, such provisions shall be enforced to the maximum extent permitted by law, and the remaining conditions will remain in full force and effect. Other than as expressly set out in these Terms, no one other than you and us is intended to have any right or ability to enforce any of the provisions of these Terms.
These Terms are binding upon you, your heirs, executors, beneficiaries, successors and assigns and you may not assign these Terms to any other party without our prior written consent. Such consent may be withheld in our sole discretion, and any purported assignment without such consent shall be null and void. We may assign these Terms to any party without notice thereof to you.
These Terms were last updated on January 26, 2021.
16. CONTACT US
Warner Pacific Insurance Services, Inc.
compliance@warnerpacific.com
Effective: January 26, 2021
1. The Scope of this Policy
Warner Pacific Insurance Services, Inc. (“Warner Pacific,” “we,” “us,” or “our”) is committed to respecting the privacy rights and concerns of all users of the Warner Pacific website where this Privacy Policy is posted (the “Site”), and for all services made available by us (collectively with the Site, the “Service”). As such, we have established and implemented this Privacy Policy to inform visitors to the Site and users of the Service how we use and protect the information we collect. By accessing the Site or using the Service, you consent to our collection, use, storage, deletion and disclosure of information relating to you as set forth in this Privacy Policy. This Privacy Policy is effective as of the date set forth above and is only applicable to the Service and not to any other website that you may be able to access from the Service which may have its own data collection and use practices and policies.
2. The Information We Collect
Types of Identifying Personal Information We Collect
Personal information means information that can be used to identify and contact you. You do not need to submit personal information to access the Service generally. However, you may be required to submit personal information to access certain aspects of the Service.
When you create an account, use our Services, or when you enter information on our Site, we may collect personal information from you, including your:
By submitting personal information through the Service, you authorize us to share this personal information for the purposes identified herein, such as responding to user inquiries, processing transactions, providing services, and requesting feedback.
Device Information We Collect
We may also collect non-identifying personal information such as your browser type, domain names, mobile device operating system, when you accessed the Service and from what location you access the Service. This information may be aggregated to measure the number of visits, average time spent, page views, and other statistics about users of the Service. We may use this data to monitor the Service’s performance and to make the Service easier and more convenient to use.
We collect personal information when you create an account through the Service; receive customer or technical support; use our products, such as, benefit recommendations, quoting, our tech tools, employer enrollment, or other services; participate in components of the Service through which you may post content.
3. How We Use Your Personal Information
The personal information you provide to us will allow us to communicate with you and provide the Service to you, depending on the aspects of the Service you utilize. This includes, but is not limited to, handling your enrollment in insurance coverage; customer service questions or issues; alerting you of new products, services, features, or enhancements to the Service; verifying your identity; requesting feedback and upon your consent, connecting you providers, insurance referral networks or affiliates thereof. We may also use your email address as part of the Service in sending you messages about the Service and other general announcements. We keep track of your interactions with us, including but not limited to your activity within the Service. Except as set forth in this Privacy Policy, or unless we have your consent, we will not share your personal information with any person or entity other than those affiliated with us, entities acting on our behalf, and relevant third parties such as those needed to collect and maintain our servers and perform technology and related services.
We may use your personal information with non-personal information that we have collected in a manner such that the end-product does not personally identify you or any other user of the Service. We may make your personal information non-personally identifiable by either combining it with information about other users (aggregating your personal information with information about other users), or by removing characteristics (such as your name or email address) that make the information personally identifiable. This process is known as de-personalizing your information. You grant us a royalty-free, worldwide, perpetual, irrevocable and fully transferable right and license to use your personal information in connection with the creation and development of analytical and statistical analysis tools relating to the use of the customer data we collect in providing the Service (the “Analytical Data”). We are expressly authorized to make any commercial use of the Analytical Data, including without limitation, supplementing our valuation products, sharing the Analytical Data with third parties, and otherwise exploiting the Analytical Data, provided that we do not sell, trade, or otherwise transfer from us any part of the Analytical Data that personally identifies any Service users.
Do Not Track
In compliance with California legislation, AB370, effective January 1, 2014, our practices in responding to “do not track” signals and collecting user information over time and across a network of websites when you visit the Site are as follows: we do not honor the request of “do not track” signals sent by your browser when you visit the Site. Additionally, we may collect user information about your online activities over time and across different websites, or authorize third parties to do so.
Google Analytics
We use third-party service providers such as Google Analytics to help us learn about who visits the Site and what pages are being viewed. For more information about Google Analytics, please visit https://www.google.com/policies/privacy/partners/. You can opt out of Google Analytics' collection and use of data generated by your use of the Services by going to https://tools.google.com/dlpage/gaoptout.
Cookies
“Cookies” are small bits of electronic information that a website sends to a visitor’s browser and are stored on the visitor’s hard drive. Like many websites, we employ cookies in certain areas of the Site to allow us to provide information to make your online experience more convenient. For example, when you return to the Site after logging in, cookies provide information to the Site so that the Site will remember who you are on subsequent visits, speeding up or enhancing your experience of the Service by, for instance, tailoring content to you or keeping track of your login name and password. While we may use cookies to track your visit to the Site, this information does not identify you personally and you remain anonymous, even if you have previously submitted personal information to us through the Site or otherwise.
Third parties whose websites are accessible through links on the Site may also use their own cookies when you link to their site or service. We do not control these third parties’ use of cookies and cannot guarantee that they will uphold the same privacy standards as us. We expressly disclaim any and all liability related to the collection, use or disclosure of information by third parties. You should review the privacy policies of any third-party sites that you visit through a link from the Site to understand how these third parties use cookies and the information they collect through cookies. Most cookies are “session cookies” which means that they are automatically deleted at the end of each session. Most browsers are initially set to accept cookies. You can set your browser to notify you when you receive a cookie, giving you a chance to decide whether or not to accept it.
Log Information
Our servers automatically record information that your browser or mobile device sends whenever you visit the Site or use the Service. This information includes, among other things, your Internet Protocol address, mobile device operating system, your browser type and version, which aspects of the Service you use and from where, and when and how long you use them. We use this information to monitor and analyze how users use the Service, to provide customer service and to maintain and improve the Service. We may also collect similar information from emails we may send to you which then help us track which emails are opened and which links are clicked by recipients. The information allows for more accurate reporting and improvement of the Service.
Children’s Privacy
We do not knowingly collect personal information from children under 13 or allow them to create an account through the Site. We take children’s privacy seriously, and encourage parents to play an active role in their children’s online experience at all times.
4. How We Share Your Information
Sharing Your Information
We use your personal information to provide the Service to you, deliver products and services you request, complete transactions, handle your customer service questions or issues, request feedback, and send communications to you about promotions, updates, or special offers from us that may be of interest to you. The personal information uploaded by you through the Service will be shared only with authorized persons to whom you specifically grant access or direct us to share with. We may also use your depersonalized personal information to provide analyses of our users in the aggregate (including Analytical Data subject to the terms of this Privacy Policy) to prospective partners and other third parties. We will also share the personal information we collect from you under the following circumstances, and you expressly authorize us to share your information as follows:
Additional Information You Should Know About Third Parties
The Service may contain direct links to websites operated by our partners and other entities. These third-party websites may collect information about you when you visit them or otherwise communicate with them. This Privacy Policy does not cover the information practices of third-party websites linked to the Site or accessible through the Service. Although we encourage such third parties to adopt and follow their own privacy policies, we are not responsible for their collection and use of your personal information. You should refer to the privacy policies and statements of other websites or contact the respective webmasters of those websites to obtain information regarding their information collection, use and disclosure policies.
5. Your Rights and Choices Regarding the Your Information?
Control of Your Information
You may update or delete your personal information or modify your account preferences for the Service by accessing the account interface provided through the Service. Please note that if you disable your account, we will keep the information we receive as described in this Privacy Policy for as long as necessary to fulfill the purpose(s) for which it was collected, resolve disputes, establish legal defenses, conduct audits, pursue legitimate business purposes, enforce our agreements, and comply with applicable laws.
Your Choice to Opt Out
If you no longer want to receive our emails or other announcements, you may unsubscribe by writing to us at marketing@warnerpacific.com or following the instructions provided through the Service or the “unsubscribe” link at the bottom of our emails. Please note that you cannot unsubscribe from certain correspondence from us, including messages relating directly to your plan or account.
6. How We Store and Safeguard Your Information
The personal information that you provide to us is stored on servers which, to our knowledge, are located in secured facilities with restricted access and are protected by protocols and procedures designed to ensure the security of such information. We restrict access to personal information to our employees, independent contractors and agents who need to know this information in order to develop, operate and maintain the Service. All of our personnel who have access to this information are trained in the maintenance and security of such information. Access to such personal information is minimized whenever possible. Logs are kept of access to application data, which can be monitored for unauthorized activities. However, no server, computer or communications network or system, or data transmission over the Internet can be guaranteed to be 100% secure. As a result, while we strive to protect user information, we cannot ensure or warrant the security of any information you transmit to us or through the use of the Service and you acknowledge and agree that you provide such information and engage in such transmissions at your own risk. Once we receive a transmission from you, we will endeavor to maintain its security on our systems.
In the event that personal information you provide to us is compromised as a result of a breach of security, when appropriate we will take reasonable steps to investigate the situation, notify you and take the necessary steps to comply with any applicable laws and regulations.
7. California Residents Privacy Rights
The California Consumer Privacy Act of 2018 (the “CCPA”) is a California law that gives California residents (“consumers”), the right to learn about and control certain aspects of how a business handles the personal information that a business collects about them. For purposes of this addendum, Warner Pacific is referred to as “we” or “our”. Pursuant to the CCPA, effective January 1, 2010, consumers have certain rights, including:
Your Personal Information
In the past 12 months, we may have collected the following information about you depending on your interaction with us:
| CATEGORIES OF PERSONAL INFORMATION UNDER THE CCPA | WHAT WE COLLECT | WHY WE COLLECT THAT INFORMATION |
|---|---|---|
| Identifiers | We may collect your: - Name - Postal address - Email address - Personal/online identifier - Username/Password - IP address - Social security number - Driver’s license number |
We collect this information in order to provide services, complete transactions, and market to you. |
| Personal information described in California Civil Code section 1798.80 | We may collect your: - Phone and fax number - Signature - Insurance policy number - Health insurance information - Bank account number |
We collect this information in order to provide services and complete transactions. |
| Protected classifications under California or federal law | We may collect your: - Race - Gender - National origin - Age - Familial status |
We collect this information in order to provide services and complete transactions. |
| Internet or other electronic network activity information (browsing history, search history, and information regarding a consumer’s interaction with an internet website, application, or advertisement) |
We may collect: - Browser type - Cookies - Device type - Domain names - Access time/logs |
We collect this information to keep track of login information, trailer content to consumer interests, and personalize our website. |
| Geolocation data | We may collect this information. | We collect this information to keep track of login information, trailer content to consumer interests, and personalize our website. |
| Audio, electronic, visual, thermal, olfactory, or similar information | We may collect photographs. | We collect this information in order to provide services and complete transactions. |
| Professional or employment-related information | We may collect your employment history. | We collect this information in order to provide services and complete transactions. |
| Education information (information that is not publicly available) |
We may collect your education information. | We collect this information in order to provide services and complete transactions. |
For more information on the personal information we collect, from where we collect this information, and how we use this information, please see the sections The Information We Collect and How We Use Your Personal Information above.
We may share your personal information with the third parties list above in section How We Share Your Information. In addition to the above, California law requires that we provide you with information about certain disclosures to such third parties within the past 12 months, particularly, where the disclosure involves monetary or other consideration. California treats these disclosures as “sales” of information, even where no money is exchanged. We do not sell personal information, and we do not sell, or have actual knowledge of any sale of, the personal information of minors under 16 years of age.
We may, however, have disclosed, in the past 12 months, the following categories of personal information to the following third parties for our operational business purposes in accordance with California law:
| Category of Personal Information | Third Party to Whom We Have Shared such Category of Personal Information for a Business Purpose |
|---|---|
| Identifiers |
|
| Personal information described in California Civil Code section 1798.80 |
|
| Protected classifications under California or federal law |
|
| Internet or other electronic network activity information |
|
| Geolocation data |
|
| Audio, electronic, visual, thermal, olfactory, or similar information |
|
| Professional or employment-related information |
|
| Education information |
|
Your Rights Under the CCPA
Right to Opt-Out of Sale of Your Personal Information
Consumers have the right to request that a business that sells the consumer’s personal information, or that discloses it for
a business purpose, inform the consumer of what has been collected about them and who it has been sold or disclosed to.
Consumers also have the right, at any time, to direct a business that sells personal information about them not to sell their personal information.
Right to Access / Data Portability
Consumers have the right to request that a business that collects personal information about them disclose the following: (1) The categories
of personal information it has collected about that consumer; (2) The categories of sources from which the personal information is collected;
(3) The business or commercial purpose for collecting or selling personal information; (4) The categories of third parties with whom the
business shares personal information; (5) The specific pieces of personal information it has collected about that consumer.
Right to Deletion
Consumers have the right to request that a business delete any personal information about them. However, there are exceptions to this rule.
For example, a business does not have to delete information if it is necessary: a) to complete a transaction; b) to prevent illegal activity;
c) to exercise free speech; d) to comply with a legal obligation; e) to identify or repair errors that impair functionality; f) for internal
uses that are reasonably aligned with the expectations of the consumer based on the consumer’s relationship with us, or g) for internal
purposes, that are compatible with the context in which the consumer provided that information.
Right to Non-Discrimination
A business cannot discriminate against a consumer because the consumer exercised any of the consumer’s rights listed above.
Authorized Agents
To use an authorized agent to make a request on your behalf, you will need to directly confirm with us that you provided the authorized agent permission to submit the request and provide us with signed permission for the authorized agent to act on your behalf. You will also need to verify your identity, directly with us.
Questions:
If you have any questions about this California Privacy Rights, or any Warner Pacific privacy practices, please reach out to us at compliance@warnerpacific.com. You can also call us at (800) 801-2300, or write to us at: 32110 Agoura Road, Westlake Village, CA 91361.
8. Changes to this Privacy Policy
We may change this Privacy Policy from time to time. Laws, regulations, and industry standards evolve, which may make those changes necessary, or we may make changes to our services or business. We will post the changes to this page and encourage you to review our Privacy Policy to stay informed. If we make changes that materially alter your privacy rights, We will provide additional notice, such as via email or through the Services. If you disagree with the changes to this Privacy Policy, you should deactivate your account and cease use of our Services.
9. Contact Us
If you have any questions about our privacy practices or this Privacy Policy, please contact us by email at compliance@warnerpacific.com.
Effective Date: January 26, 2021
This Business Associate Agreement (“Agreement”) is entered into by and between you (the Agent) or the Agency that you represent (“Business Associate”), on the one hand, and Warner Pacific Insurance Services, Inc. (“General Agent”) on the other.
RECITALS
WHEREAS, Business Associate is the agent/broker for its employer clients (“Employer”), which sponsor and maintain an employee welfare benefit plan (“Covered Entity”), and Warner Pacific Insurance Services, Inc. acts as a general agent with respect to insurance and HMO policies and contracts entered into by the Employer and Covered Entity;
WHEREAS, Business Associate’s services are required and have been retained in connection with the administration of the benefits offered by Covered Entity (a true and correct copy of the agreement between such employer/covered entity and Business Associate is retained by the Business Associate/Agent);
WHEREAS, in the course of providing services to Covered Entity, Business Associate may perform functions or activities involving the use or disclosure of PHI pertaining to participants and beneficiaries of Covered Entity, and, in turn, General Agent may perform functions or activities involving the use or disclosure of such PHI in the course of providing services to Business Associate;
WHEREAS, the Secretary of Health and Human Services has issued regulations requiring a contract between Covered Entity and Business Associate in order to protect against the unauthorized use and disclosure of protected health information by Business Associate, and, in turn, requiring a contract between Business Associate and General Agent to the extent that General Agent is a Subcontractor of Business Associate that creates, receives, maintains, or transmits PHI on behalf of Business Associate;
WHEREAS, this Agreement is intended to ensure that General Agent will establish and implement appropriate safeguards for PHI that General Agent may receive, create, maintain, use, or disclose in connection with the functions, activities, and services that are performed;
NOW, THEREFORE, in consideration of the mutual promises and covenants contained in this Agreement and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows:
I. DEFINITIONS
II. OBLIGATIONS AND ACTIVITIES OF GENERAL AGENT
General Agent agrees to:
III. PERMITTED USES AND DISCLOSURES BY GENERAL AGENT
IV. OBLIGATIONS OF BUSINESS ASSOCIATE
V. PERMISSIBLE REQUESTS BY BUSINESS ASSOCIATE
Business Associate, acting on its own or on behalf of its employer client/Covered Entity, shall not request General Agent to use or disclose PHI in any manner that would not be permissible under the Privacy Rule if done by Covered Entity, except as otherwise permitted by this Agreement.
VI. TERM AND TERMINATION
VII. MISCELLANEOUS
Effective Date: February 26, 2015.
"Covered California", "California Health Benefit Exchange", and the Covered California Logo are registered trademarks or service marks of Covered California, in the United States.
This web site is owned and maintained by Warner Pacific Insurance Services, which is solely responsible for its content. This site is not maintained by or affiliated with Covered California, and Covered California bears no responsibility for its content.
The e-mail addresses and telephone numbers that appear throughout this site belong to Warner Pacific Insurance Services, and cannot be used to contact Covered California.