Gravie, Inc. Terms of Service

IMPORTANT, PLEASE READ THESE ONLINE TERMS OF SERVICE CAREFULLY.

Gravie, Inc. permits eligible users of this website at the URL www.Gravie.com (the “Website”) to review and purchase insurance policies and other products and services through the Website (the “Gravie Service”). In order to access the website and participate in the Gravie Service, you must agree to and accept the terms and conditions described below (the “Online Terms of Service”).

Throughout this document, we will refer to Gravie, Inc. as “Gravie.” Sometimes we will simply say “we,” “us” or “our.” Please note that we also make reference, in some sections, to Gravie Agency LLC. Gravie Agency LLC is a wholly owned subsidiary of Gravie, Inc. We may refer to you as a “Member” of the Gravie Service, but more often, we will use the terms “you” or “your.”

  1. Acceptance of Online Terms of Service. These Online Terms of Service are a legal agreement between you and Gravie. If you are eligible to be a Gravie Member and desire to access and use the Gravie Service, you will be required to check the box on the web page that says “I Agree to the Gravie Online Terms of Service.” By checking the “I Agree” box, you acknowledge that you have read these Online Terms of Service, understand them and agree to be bound by these Online Terms of Service. If you do not agree to be bound, you should not check the “I Agree” box. In this case you will not be provided access to the Gravie Service.

    Please note that users of Gravie’s Website must be at least 18 years of age. If you are a parent/legal guardian or Personal Representative registering on behalf of a child under the age of 18, you will be asked to attest to that fact during the registration process, and to agree to these Online Terms of Service on the child’s behalf. If you are registering on behalf of a child under the age of 18, the child is considered the Gravie Member, and the provisions in this Online Terms of Service addressed to the “Member” or “you” or “your” apply to the child and the child’s information. Similar rules apply to Personal Representatives of disabled adults.

    Please also review our Privacy Policy, which contains important information regarding the collection, use, disclosure and protection of your information. Your use is also conditioned on agreement to our Terms of Use, which sets forth certain rules governing use of the Website. Your agreement to these Online Terms of Service includes your agreement to our Privacy Policy and the Terms of Use. If there is a conflict between these Online Terms of Service, the Terms of Use and the Privacy Policy, the Privacy Policy will govern matters covered by it, the Terms of Use will govern general use of the Website (as a visitor not registering) and otherwise these Online Terms of Service shall have precedence.

    Please note that you will also be asked to agree to and sign the “Gravie Release of Information” form at the point of plan selection. This HIPAA-compliant form authorizes Gravie, Inc. and Gravie Agency LLC to make certain disclosures of your Protected Health Information (PHI) in order to make its products and services available. You must sign this form if you wish to access the Gravie Service.

    Gravie may make changes to the Gravie Service or these Online Terms of Service at any time. We encourage you to review our Website and these Online Terms of Service regularly for any such changes. Your continued access to or use of the Gravie Service shall be deemed your acceptance of these changes and the reasonableness of these standards for providing notice of the changes.

  2. Eligibility to use the Gravie Service; Registration. The Gravie Service is only available to United States residents in the states where the Gravie Service is available. If you are eligible to use the Gravie Service, you must set up an account with Gravie by completing Gravie’s registration process before using the service. The information you provide must be accurate and complete. You will also choose a password and a user name. You agree that all data you supply is accurate and complete, that you will promptly update any changes to your information, and that Gravie may store your information as needed to perform the Gravie Service. You promise that you are the person who is clicking on the “I Agree” button and that your information, and, if applicable, the information of the child or dependent adult on whose behalf you’re registering, is supplied as part of the registration. If Gravie reasonably suspects that your data is inaccurate or incomplete, we may suspend or terminate your account, disable your password and refuse future use of the Gravie Service, without prior notice.

    When you have completed the registration process, you will be a Member of the Gravie Service until our agreement is terminated. You are responsible for maintaining the confidentiality of your user name and password. You agree to immediately notify Gravie of any known or suspected unauthorized use of your password, user name or account or any other breach of security. To the maximum extent permitted by law, Gravie will not be liable for any loss that you may incur as a result of someone else using your password, user name or account, either with or without your knowledge, or for any inaccuracies in the data you supply. If someone else uses your account, user name or password and causes losses to Gravie, you could be held liable.

  3. The Gravie Service

    i. Purchase of Individual Benefit Plans

    CAUTION – IF YOU ARE APPLYING FOR AN INDIVIDUAL INSURANCE POLICY THROUGH THE GRAVIE SERVICE, DO NOT CANCEL YOUR EXISTING INSURANCE POLICY UNTIL YOU HAVE RECEIVED WRITTEN CONFIRMATION FROM THE INSURER TO WHICH YOU ARE APPLYING THAT YOUR APPLICATION HAS BEEN ACCEPTED AND APPROVED.

    • For Employees.

      If you are a Member with an employer that authorizes Gravie to publicize the Gravie Service to its employees, you may purchase insurance policies and other products and services made available through Gravie. You understand and agree that your employer may make additional taxable compensation available on your behalf for the purchase of these policies, products, or services through post-tax payroll deductions. In some circumstances, you may be required to use your own funds in addition to, or other than, taxable compensation received from your employer that you apply towards the purchase of insurance through post-tax payroll deductions. If you wish to make a purchase that requires use of your own funds, you will be asked to provide your checking or savings account number for automatic ACH withdrawals. You understand that by doing so, Gravie will be submitting monthly payments to the insurance company or vendor on your behalf. This may be done individually or through a list-bill arrangement with the insurance company or vendor.

      When a purchase involves both your own funds and taxable compensation received from your employer that you apply towards the purchase of insurance through post-tax payroll deductions, you understand and agree that Gravie will coordinate with your employer for purposes of forwarding payment to insurance companies or other vendors.

      You understand that if your employer makes taxable compensation available which you apply towards the purchase of insurance or other products and services through post-tax payroll deductions, your employer can discontinue the availability of this taxable compensation in the future for any reason.

      Your decision to purchase an individual insurance policy or any other product or service through the Gravie Service is completely voluntary on your part. Your employer does not:

      1. Contribute to or pay for individual policies of insurance or other products or services made available through Gravie (a decision by your employer to increase your taxable compensation is not a “contribution” for this purpose);
      2. make or influence decisions regarding which individual insurance policies or other products or services are made available through the Gravie Service,
      3. endorse any individual insurance policy or product or service made available through the Gravie Service or represent that such policy, product or service is part of an employee welfare benefit plan;
      4. or
        receive any payment or compensation in connection with your purchase of individual insurance or any health and wellness service made available through the Gravie Service.

      NOTICE: INDIVIDUAL INSURANCE POLICIES MADE AVAILABLE THROUGH THE GRAVIE SERVICE ARE NOT SPONSORED OR ENDORSED BY YOUR EMPLOYER. THESE VOLUNTARY POLICIES ARE NOT PART OF AN EMPLOYER-SPONSORED WELFARE BENEFIT PLAN WITHIN THE MEANING OF THE EMPLOYEE RETIREE INCOME SECURITY ACT OF 1974 (ERISA) OR ANY OTHER STATE OR FEDERAL LAW. YOUR EMPLOYER DOES NOT ENDORSE ANY POLICY OR INSURANCE CARRIER. ALL ELIGIBILITY REQUIREMENTS, BENEFITS, AND CLAIMS PROCEDURES RELATED TO THESE POLICIES ARE BETWEEN YOU AND THE INSURANCE CARRIER AND SUBJECT TO THE TERMS OF THE INDIVIDUAL POLICY.

    • Cash Outs

      Your employer may allow you to choose either cash or an after-tax amount to be applied toward health coverage. If you elect cash and if authorized by the employer, it may be made available you through a direct deposit to your checking or savings account. Whether you elect cash or an amount to be applied towards health insurance, the value will be included as additional taxable income and reported on Form W-2. Any cash made available through the cash out process will be made available on a monthly basis, and only while you are employed by your employer.

    • For Individuals

      If you are a Member who is a resident of a state where the Gravie Service is available and you desire to purchase insurance or other products or services, you may use the Gravie Service to apply for insurance and to purchase such services. You must provide your checking or savings account number for automatic ACH withdrawals in order to complete these transactions. You understand that by doing so, Gravie will be submitting monthly payments to the insurance company or vendor on your behalf. This may be done individually or through a list-bill arrangement with the insurance company or vendor.

  4. Purchasing Services through the Gravie Service.

    • Purchasing Individual Insurance Policies.

      To apply for insurance using the Gravie Service, Gravie Agency LLC may either:

      1. Send you a pre-filled paper application form, which you will be asked to review, sign, and mail to the applicable insurance company in the postage-paid envelope provided by Gravie Agency LLC along with the payment indicated on the application form; or,
      2. Put the application into an electronic format required by insurers, and submit the application to the insurer you requested on your behalf.

      If required by the insurer, you may need to complete additional applications or answer questions by agents of the insurer. Gravie Agency LLC or its affiliates will retain copies of insurance applications received for a minimum period of six (6) years, unless applicable law requires a different period of time.

    • Purchasing other Products and Services.

      Gravie may make available additional products and services offered by vendors related to health and wellness. To purchase those services, you may be required to review and to agree to separate terms of service required by the vendor. Gravie agrees to process payments made by you for third party vendor services, but otherwise Gravie is not responsible for, and makes no warranty regarding, the services provided by such vendors through the Gravie Service.

    • Availability of Services.

      To find out whether insurance or health and wellness services are available in your state through the Gravie Service, please see our list of eligible states or visit the vendor’s website.

    • Cancellation Policy.

      Your participation in the Gravie Service is voluntary. Any purchase of insurance is cancellable pursuant to the terms and conditions of the policy. Other purchases made through the Gravie Service are subject to the terms and condition required of the vendor providing the product or service and may or may not be cancellable. You should review your purchases carefully before completing any transaction through the Gravie Service.

    • Personalized Decision Support System

      The Gravie Service includes personalized online decision support services to help you review, compare and select individual policies of insurance and other products and services made available by Gravie. Any recommendations are for your informational purposes only, and you should not rely solely on the Gravie Service to select the insurance policy. Gravie’s online decision support services are provided AS IS and without warranty of any kind. Gravie does not guarantee that the results generated through Gravie’s tools are suited to your circumstances or will meet your needs in all circumstances.

    • Vendor Websites.

      Services provided by third-party vendors through the Gravie Service may be offered through the vendor’s own website. The vendor’s website may have different terms and conditions and a different privacy policy, and your use of the vendor’s website will be governed by those agreements.

    • Commissions and Insurance Purchases.

      When you purchase insurance through the Gravie Service, Gravie Agency LLC may receive a commission from the insurance company for the sale of the insurance policy. Gravie Agency LLC is a wholly owned subsidiary of Gravie, Inc. The commission may be shared with other licensed insurance producers who act as agents for Gravie.

  5. Permitted Use of the Gravie Service

    If you are a Member, have agreed to these Online Terms of Service and your rights have not been terminated, Gravie will provide you a license to access to the Gravie Service. You agree to access and use the Gravie Service solely for the purpose of viewing the content, accessing, updating, modifying and managing your own information, and purchasing insurance policies and other products and services. Your use must be for personal and non-commercial purposes. If you print or download any content or data, you must retain all copyright and other proprietary notices, and you are solely responsible for any use or disclosure of such material. You understand that your access rights are personal, nonexclusive and nontransferable, and that Gravie may terminate your rights if you violate these Online Terms of Service. You may be liable to Gravie if you misuse the Gravie Service.

  6. Restrictions Gravie reserves all rights in the Gravie Service not granted in these Online Terms of Service. You agree to comply with the Terms of Use which impose additional restrictions and limitations on the access, use, disclosure, and dissemination of content and data of the Gravie Service.

  7. Data You hereby grant us, to the extent permitted by applicable law, our Privacy Policy, and the “Gravie Release of Information” form, a right and license to use and disclose certain information you provide to the Gravie Service as reasonably necessary to provide the Gravie Service. Gravie’s use and disclosure of your information is further described in its Privacy Policy and in the “Gravie Release of Information” form.

  8. Copyrights, Trademarks and Other Proprietary Rights You understand that Gravie and its licensors retain all ownership rights in the Gravie Service (including, for purposes of clarity, the Website) and that you do not receive any ownership rights or license rights, except as described herein, by accessing or using the Gravie Service or consenting to these Online Terms of Service. All trademarks, service marks and trade names are owned by Gravie or other respective owners. The entire content of the Gravie Service and the Website, including but not limited to text, design, software, photography, video, graphics, music, sound, information and the selection, coordination, arrangement, and enhancement thereof, is protected under the copyright laws of the United States, international treaties and other intellectual property laws (including without limitation the copyright in the selection, coordination, arrangement and enhancement of all content).

  9. Website Identity You understand that this website is owned and maintained by Gravie, which is solely responsible for its content. This site is not maintained by or affiliated with any health insurance carrier or other third party. The email addresses and telephone numbers that appear throughout this site belong to Gravie and cannot be used to contact any health insurance carrier or other third party.

  10. Monitoring; Call Center Services Gravie may electronically monitor the Gravie Service and may disclose any data, records, or electronic communication as permitted by applicable law. If you call Gravie with questions about the Gravie Service, your questions may be answered by a third-party call center pursuant to an agreement between the call center and Gravie. Such conversations may be recorded for purposes of quality control and improvement.

  11. Disclaimer TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE GRAVIE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT ANY WARRANTIES OF ANY KIND, AND GRAVIE AND ITS LICENSORS DISCLAIM ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT, AND WARRANTIES ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE AND USAGE OF TRADE. YOUR USE OF THE GRAVIE SERVICE IS SOLELY AT YOUR OWN RISK. FURTHERMORE, GRAVIE AND ITS VENDORS DO NOT WARRANT THAT THE GRAVIE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE GRAVIE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR CODE. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE GRAVIE SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

  12. Exclusive Remedy Except as set forth in Section 17, if you are dissatisfied with the Gravie Service (including without limitation these Online Terms of Service), your sole and exclusive remedy is to discontinue using the Gravie Service.

  13. Limitations on LiabilityNOTWITHSTANDING ANYTHING ELSE IN THESE ONLINE TERMS OF SERVICE OR OTHERWISE, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, GRAVIE AND ITS VENDORS WILL NOT BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY LOST OR CORRUPTED DATA OR CONTENT, ANY ERRORS CAUSED BY THE TOOLS AVAILABLE THROUGH THE WEBSITE, OR SPECIAL, INDIRECT, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING OUT OF USE OF THE GRAVIE SERVICE OR ANY SUBJECT MATTER OF THESE ONLINE TERMS OF SERVICE, EVEN IF GRAVIE HAS BEEN ADVISED OF OR COULD HAVE FORESEEN THE POSSIBILITY OF SUCH DAMAGES UNDER ANY THEORY OF LIABILITY. IN NO EVENT WILL GRAVIE HAVE ANY LIABILITY TO YOU OR ANY THIRD PARTY ARISING FROM YOUR PERMITTED USE OF THE GRAVIE SERVICE WHICH IN THE AGGREGATE IS MORE THAN $1,000.

  14. Indemnification You agree to indemnify us, our licensors, vendors, insurers, agents and commercial partners and our respective officers, directors, employees and agents from and against any and all claims, demands, liabilities, losses, damages, costs and expenses, including reasonable attorney's fees, that arise from any content or data you post, transmit or link from on the Gravie Service, your misuse of the Gravie Service, including, but not limited to, your violation of these Online Terms of Service, or your violation of any rights of any third party.

  15. Termination Subject to applicable law, Gravie reserves the right to terminate, suspend or deny, in its sole discretion, your access to all or any portion of the Gravie Service if: (a) you fail to comply with these Online Terms of Service; (b) your employer ceases to permit Gravie to make the Gravie Services available to you; (c) you make no purchases through the Gravie Service in your individual capacity after a reasonable period of time; or (d) you do not sign the “Gravie Release of Information” form. If you have an account with Gravie, you acknowledge and agree that Gravie may immediately deactivate or delete your account and all related data and files in your account and disable your password on termination of these Online Terms of Service. The following terms shall survive any termination of these Online Terms of Service: Sections 1, 2, 6, 7, 8, 11, 12, 13, 14, 15, 16 and 18.

  16. Governing Law; Jurisdiction; Venue Gravie controls the Gravie Service from its offices within the United States, and your data is stored in a database managed by Gravie in the United States. Gravie makes no representation that the Gravie Service is appropriate, may be downloaded, or is available for use outside the United States. Access to the Gravie Service where the content or access or use of the Gravie Service is illegal is prohibited. Those who choose to access and use the Gravie Service from outside the United States do so on their own initiative, at their own risk, and are responsible for compliance with applicable local laws and U.S. export and other applicable laws.

    The laws of the State of Minnesota will govern these Online Terms of Service, without reference to its conflicts of law principles, except that the federal law of the United States shall apply to questions regarding the validity, infringement or enforceability of U.S. federal patent, copyright and trademark rights relating in any way to these Online Terms of Service, or the Gravie Service. English is the only language applicable to these Online Terms of Service. You agree to submit to the exclusive jurisdiction of, and waive any venue objections and defenses of lack of personal jurisdiction against, the State and Federal courts located in Hennepin County, Minnesota, except that you acknowledge that any breach of Sections 5 or 6 cannot reasonably or adequately be compensated by damages in an action at law and that a breach or threatened breach of such provisions shall cause Gravie irreparable injury and damage, and Gravie shall be entitled, in addition to any other remedies it may have, to preliminary and permanent injunctive and other equitable relief to prevent or curtail any actual or threatened breach in any court of competent jurisdiction. Process may be served on you in the manner authorized by applicable law or court rule.

  17. Third Party Hosting A third party vendor ("Hosting Vendor") hosts and manages the Website and the tools available through the Website. The tools permit users to compare insurance policies, to make decisions about their health and wellness services and (if made available by your employer) to purchase policies and services with funds made available through post-tax payroll deduction. The Hosting Vendor uses commercially reasonable efforts to ensure that the tools function properly and that data presented through the Website, including account balances, are accurately presented. However, the employer, the Hosting Vendor and Gravie cannot guarantee that the data presented through the Website will be accurate or complete. If you believe there is a discrepancy in your account, you must notify Gravie immediately, and Gravie will use commercially reasonable efforts to resolve the discrepancy and any error or omission that may result there from in a prompt manner. Your sole and exclusive remedy for any error or defect in the tools available on the Website and any incorrect data displayed as a result is Gravie's commercially reasonable efforts to resolve the error or defect in a prompt manner.

  18. Miscellaneous Terms If any provision of these Online Terms of Service is held to be unenforceable, that provision will be removed and the remaining provisions will remain in full force. The failure of either you or Gravie to require performance by the other party of any provision of these Online Terms of Service will not affect the right to require performance at any time in the future; nor will the waiver by either party of a breach of any provision be taken or held to be a waiver of the provision itself. These Online Terms of Service (including without limitation our Privacy Policy and Terms of Use) are the entire and exclusive agreement between you and Gravie with respect to your access and use of the Gravie Service. Except as otherwise provided herein, any notice permitted or required to be given under these Online Terms of Service shall be deemed sufficient if given by registered or certified mail, postage prepaid, return receipt requested, by private courier service or by facsimile or email addressed to your address as provided upon your registration and/or to Gravie, Inc. 10 S 5th St, Suite 650, Minneapolis, MN 55402, or to such other addresses as the parties may designate by like notice from time to time. A notice so given shall be effective upon (a) receipt by the party to which the notice is given, or (b) on the fifth day following domestic mailing or the tenth day following international mailing, whichever occurs first. Any notice permitted under this Agreement to be given to Gravie via email will be effective only upon actual receipt by Gravie of an email message from an email address registered in connection with your account. Any delays in performance by Gravie under this Agreement will not be considered a breach of this Agreement. There are no third party beneficiaries to this Agreement.

This page was last updated October 29, 2014