Accuracy of Information

This quotation is offered based upon exposures to loss that were made known to IMA at the time of this quotation. If any of the information you provided is inaccurate, the terms and conditions, premium, or even availability of the insurance summarized here may be subject to change. If you have changes in your business operations at any time, please notify us as soon as possible so coverage can be discussed.

This presentation is intended as a summary only and does not include all of the policy terms, conditions, limitations, and exclusions. Specimen copies are available for your review prior to the binding of coverage, upon your request. Please refer to your actual policies for specific coverage information. In the event of a discrepancy between this presentation and the policy, the policy will supersede this presentation.

Requests to bind or change coverage or submit claims through email, voice mail or other means will not take effect until you receive written communication from your IMA representative confirming coverage is bound or that your claim notice has been submitted.

Higher Limits

Although we may have quoted specific policy limits, higher limits of liability may be available. Please notify IMA if you are interested in higher limits.

Property Value Determination

Property value determination is ultimately the insured’s responsibility. Values should be reviewed for accuracy to avoid the possibility of being underinsured.

Premium Summary Disclaimer

These premiums may be subject to additional state taxes, surcharges or assessments, surplus lines taxes, and/or fees other than those shown above. Policy premium may also be subject to audit which could result in additional premium owed after the policy period is over.

Compensation Disclosure

IMA Financial Group, Inc. is a national financial services company with numerous affiliates and subsidiaries, including IMA, Inc.; Chester Point Programs, LLC; CORnerstone Risk Solutions, LLC; IMA Select, LLC; IMA Acumen, LLC; Towerstone, Inc.; Eydent Insurance Services LLC; Wreckmaster, Inc.; k.p.d. Insurance LLC; Bolton Insurance Services, LLC; Parker, Smith & Feek Insurance, LLC, J.L. Jones Insurance Services, LLC and IMA Wealth, Inc., (collectively the “IMA Group”).  These entities, excluding IMA Acumen, LLC and Wreckmaster, Inc., are insurance producers licensed in accordance with respective state requirements.  Insurance producers are authorized by their license to confer with insurance purchasers about the benefits, terms and conditions of insurance contracts; to offer advice concerning the substantive benefits of particular insurance contracts; to sell insurance; and to obtain insurance for purchasers.

The producer may have access to more than one insurance company to place the purchaser’s coverage.  The producer may have authority to obligate the insurance company on the purchaser’s behalf and as a result may be required to act within the scope of contractual agreements with the insurer.

Compensation will be paid to the producer by the insurer or other third parties.  Compensation may vary depending on a number of factors, including the insurer and the insurance contract the purchaser selects, the volume of business the producer places with the insurer, and the profitability of that business.  In addition to the compensation received by the IMA Group, other parties, such as excess and surplus lines brokers, wholesalers, reinsurance intermediaries, underwriting managers and similar parties (some of which may be owned in whole or in part by the IMA Group), may earn and retain usual and customary commissions or other compensations for providing insurance products to a Client under separate contracts with insurers or reinsurers.  Such payments will not be considered as compensation to IMA and will not offset any compensation payable to IMA.  In addition, there may be referral compensation shared within the IMA Group.  Further, the IMA Group may receive contingent or incentive payments or allowances from insurers or finance companies based on the size or performance of an overall book of business produced with them by the IMA Group.  Additionally, expense reimbursements for travel or technology enhancements, salary offsets or de minimus gifts may be provided.  The IMA Group may also receive interest on premium being held prior to disbursement.

Upon written request, the IMA Group will provide to Client additional details and information about any and all compensation arrangements for insurance placed and/or quoted on behalf of the Client.

Named Insured Summary

Please check to ensure all Named Insureds are on your policy. If an entity is not listed (including partnerships, corporations, joint ventures, limited liability companies, individual proprietorships, etc.), they are not included as a Named Insured and may not have coverage in the event of a claim. We must be notified as soon as possible of the formation or purchase of new companies so that the insurance ramifications may be considered. Do not assume they are covered automatically.

Admitted / Surplus Lines / Guaranty Fund Data / Carrier Insolvency

The term admitted carrier refers to an insurer which has been approved or licensed by a given state insurance department to write business within that state. Such carriers are also referred to as authorized carriers. An authorized carrier is protected by the State Guaranty Fund should an insolvency (bankruptcy) of the insurer occur. The protection is subject to certain maximum per claim limits and other restrictions/limitations. To review the guaranty laws for your particular state of operation, go to the website, https://www.ncigf.org/. A surplus lines carrier, also known as a non-admitted or unauthorized carrier, in a given state is not protected at all by the Guaranty Fund in that state should the carrier become insolvent. Nor has the policy wording or rates been reviewed by the Insurance Department of the State. IT IS IMPORTANT TO KEEP IN MIND THAT AN ADMITTED OR SURPLUS LINES STATUS, AS WELL AS THE RESULTING APPLICABILITY OF ANY STATE’S GUARANTY FUND, ARE ISSUES ONLY IF/WHEN A CARRIER IS DECLARED INSOLVENT. IMA DOES NOT GUARANTEE THE FINANCIAL SOLVENCY OF ANY INSURANCE CARRIER.

Machine-Readable Files

Through UnitedHealthcare, UMR creates and publishes the Machine-Readable Files on behalf of IMA Financial Group, Inc. To link to the Machine-Readable Files, please click on the URL provided:  transparency-in-coverage.uhc.com

SurgeryPlus creates and publishes Machine-Readable Files on behalf of IMA Financial Group, Inc. To link to the Machine-Readable Files, please click on the URL provided: https://www.edhc.com/ProviderPricingTransparency/

01

Our Proprietary Rights

The information and materials provided on and through our Sites, including any data, text, graphics, images, audio and video clips, logos, icons, software and links (collectively, “Content”), are and shall remain the property of us and our licensors and suppliers and are protected by copyright, trademark, patent and other proprietary rights and laws. You may use one copy of the Content for your personal use (and not for any public or commercial use) if you retain all copyright and other proprietary notices on the Content and do not use any graphics, video clips or images without the accompanying text. Except as expressly permitted in these Terms of Use, you may not reproduce, distribute, display or perform (publicly or otherwise), prepare derivative works of, modify, make, sell, offer to sell, import or otherwise exploit any Content without our prior written consent, and if we require, the prior written consent of our licensors and suppliers. The trademarks, trade names and service marks on our Sites are the property of us or others. No use of any of our trademarks, trade names or service marks may be made without our prior written consent, except to identify our products or services. Except as permitted above, no license or right, express or implied, is granted to any person under any of our or our licensors’ patents, trademarks, copyrights or other proprietary rights. Misuse of any of our or our licensors’ intellectual property rights is prohibited. We will aggressively enforce our intellectual property rights, including via civil and criminal proceedings.

02

Code of Conduct

While using our Sites and Content, you agree to comply with all applicable laws, rules and regulations. In addition, we expect users of our Sites to respect the rights and dignity of others. You agree not to:

• Restrict or inhibit any other visitor from using our Sites, including, without limitation, by means of “hacking” or defacing any portion of our Sites;
• Transmit or otherwise make available in connection with our Sites:
  • any content or information that is fraudulent, threatening, intimidating, abusive, libelous, defamatory, obscene, indecent, pornographic or otherwise objectionable or would give rise to criminal or civil liability;
  • any material, non-public information about companies without the authorization to do so;
  • any content or information that encourages conduct that constitutes a criminal offense or that encourages or provides instructional information about illegal or potentially illegal activities;
  • any content or information that is or may be protected by copyright, trademark, trade secret, right of publicity or other proprietary right without the express consent of the owner of such right; or
  • any advertisements, solicitations, pyramid schemes, investment opportunities or other unsolicited commercial communication;
• Transmit any software or other materials that may or is intended to damage or hijack the operation of any hardware, software or telecommunications equipment or any other actually or potentially harmful, disruptive or invasive code or component;
• Interfere with or disrupt the operation of our Sites or the servers or networks that host our Sites or disobey any requirements, procedures, policies or regulations of such servers or networks;
• “Frame” or “mirror” any part of our Sites without our prior written consent;
• Use any robot, spider, site search/retrieval application or other manual or automatic device or process to retrieve, index, “data mine” or in any way determine, archive, reproduce or circumvent the navigational structure or presentation of our Sites or their Content;
• Create a database by systematically downloading and storing all or any of the Content from our Sites; or
• Interfere with or violate any other visitor’s or user’s right to privacy or other rights or harvest or collect information about Sites’ visitors or users without their express consent.

03

Our Information

Although we strive to provide Content that is both useful and accurate, laws, regulations, data and other information change frequently and are subject to varying interpretations. In addition, the facts and circumstances of every situation differ. Accordingly, although we endeavor to use reasonable care in assembling the Content on our Sites, the Content may not be up-to-date, accurate or complete. The Content we provide is for educational and informational purposes only.

Please contact us via our contact information provided on the bottom of each page of the Sites to determine whether you have the most recent version of the Content made generally available by us. We note that even the most recent version available from us may not be up-to-date, accurate or complete. Portions of the Content may have been contributed to our Sites by various industry specialists and service providers. The inclusion of such information does not indicate any approval or endorsement of such specialists or providers, and we expressly disclaim any liability with respect to the foregoing.

04

Your Information

In order to purchase products or services from us, you must contact one of our authorized representatives. You can submit a request for information about our products or services through the Contact Us page on our Sites and an authorized representative will get in touch with you either by phone or email with the contact information that you provide to us. You cannot purchase our products or services through the Sites. Any information that you provide to us through the Contact Us form on our Site is provided to us with a perpetual, irrevocable, fully paid-up, transferable, sublicenseable (through multiple levels), non-exclusive, worldwide right and license to use, reproduce, distribute, display and perform (publicly or otherwise), prepare derivative works of and modify, make, sell, offer to sell, import and otherwise use and exploit all or any part of such information and Content in any form or media (now known or later developed) for any purpose, commercial or otherwise, without compensation or other obligation to you except as otherwise required by our Privacy Policy. You acknowledge that we own all right, title and interest in any compilation, collective work or derivative work created using or incorporating your information and Content. You represent that your information will be accurate, current and complete when posted or provided to us. You also represent that you have the power and authority or capacity to grant us the above license, that your information and Content are not subject to any claims or encumbrances, and that your information and Content and our exercise of the above license do not and will not violate any law, rule or regulation or infringe, misappropriate or violate any patent, copyright, trademark, trade secret, publicity, privacy or other rights of any third party.

Access to the Client Service Center on our Sites is restricted to current customers of the IMA Group.  The resources offered to our customers in the Client Service Center are free of charge. Any access to the Client Service Center terminates automatically if you are no longer a current customer of IMA Group. If you are a current customer of the IMA Group you may contact your IMA authorized representative to receive a username and password to access the Client Service Center. You are responsible for maintaining the privacy of the username and password given to you. You shall not share with or transfer your username and password to a third party. You agree that you will not allow others to use your account and that you will have sole responsibility for any unauthorized use of your account for the Client Service Center.  All information and resources available to customers through the Client Service Center are Content for educational and informational purposes only and subject to the limitations on use described in these Terms of Use.

05

Links

Our Sites contain links to other websites which may or may not be owned or operated by us. We have not reviewed all of the websites that are linked to our Sites, and we have no control over such sites. While you can link to the website for IMA Wealth , Inc. through the Sites, these Terms of Use do not apply to your use of the IMA Wealth website. Please review the privacy policy and terms of use for the IMA Wealth site when visiting that site. We are not responsible for (a) the content of such websites unless we have posted the content, such as a description of IMA Group’s business on our LinkedIn or Facebook page, (b) any updates or changes to such sites or (c) the privacy policy or other practices of such sites. The fact that we offer links to other websites does not indicate any approval or endorsement of any material contained on any linked site. We are providing these links to you only as a convenience. Accordingly, we strongly encourage you to become familiar with the terms of use and practices of any linked site. While we may provide a link to our Facebook page, our Twitter handle and feed, our LinkedIn pages, videos we share on YouTube or other social media websites from our Sites, your use of those sites is governed by the terms and conditions of those sites. Additionally, if you “like” one of our Facebook pages, you thereby acknowledge your agreement to our Facebook page terms of use. By “liking” our Facebook pages or “following” us on Twitter, LinkedIn or other similar social media websites you consent to receive messages from us in various forms, including in the form of posts on our Facebook pages, messages through Facebook, Tweets, updates on our LinkedIn pages and In-mail through LinkedIn. These messages may be promotional in nature. If you do not wish to receive the messages you should not follow us on Twitter or LinkedIn or other similar sites or like us on Facebook. Further, it is up to you to take precautions to ensure that whatever links you select or Content you download (whether from our Sites or other sites) are free of such items as viruses, worms, trojan horses, easter eggs, web bugs, cancelbot, “spyware,” defects, date bombs, time bombs and other items of a destructive nature.

06

Dealing with Third Party Providers

Your correspondence or business dealings with, or participation in promotions sponsored by, any third party providers of goods or services found on or through our Sites, and any terms, conditions, warranties, or representations associated with such dealings, are solely between you and such third party provider. You agree that we are not responsible or liable for any loss or damage of any sort incurred in connection with any such dealings or as the result of the presence of such third parties’ materials on our Sites, including but not limited to links to YouTube, Twitter, Facebook and LinkedIn.

07

Jurisdictional Issues

We make no representation that the Content available on or through our Sites is appropriate or available for use in locations outside of the United States. If you choose to access our Sites from locations outside of the United States, you do so on your own initiative and at your own risk, and are responsible for compliance with applicable laws. We reserve the right to limit the availability of our Sites and the provision of any service, program or other product described on our Sites to any person, geographic area or jurisdiction, at any time and in our sole discretion. You agree not to transport, import, export, or re-export all or any part of the Content to (or to a national or resident of): (a) Cuba, Iraq, Libya, Liberia, North Korea, Iran, Syria, Serbia, Sudan or any other country to which the U.S. has embargoed goods or (b) any person or entity on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. You also represent, warrant and covenant to us that you are not located in or under the control of any such country or on any such list.

08

Termination

We may terminate your use of our Sites or any part of them and your account with us at any time and for any reason without any notice to you. Neither we nor any of our affiliates will be liable to you or any third party for any termination of your access to any part of our Sites or your account.

09

Disclaimers and Limitation of Liability

EXCEPT AS OTHERWISE SET FORTH ON OUR SITES OR THE CONTENT, OUR SITES, THE CONTENT ON OUR SITES, THE CONTENT WE POST ON OUR FACEBOOK PAGES, THROUGH YOUTUBE, TO OUR TWITTER FEED, ON OUR LINKEDIN PAGES, AND ON OR THROUGH ANY OTHER FORMS OF SOCIAL MEDIA AND ANY PRODUCT OR SERVICE OBTAINED THROUGH OUR SITES ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS, IMPLIED OR STATUTORY. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE AND OUR AFFILIATES, LICENSORS, SUPPLIERS, EMPLOYEES, OFFICERS, DIRECTORS AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, ACCURACY, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. NEITHER WE NOR ANY OF OUR AFFILIATES, LICENSORS SUPPLIERS, OR AGENTS, NOR OUR OR THEIR DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS, AGENTS OR OTHER REPRESENTATIVES, ARE RESPONSIBLE OR LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS, LOSS OF DATA OR LOST PROFITS), UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY TO OUR SITES OR CONTENT CONTAINED ON OUR SITES, ANY LINKED SITE OR ANY CONTENT, PRODUCTS OR SERVICES OBTAINED THROUGH OUR SITES, EVEN IF WE HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES IN ADVANCE. WE AND OUR AFFILIATES, LICENSORS, SUPPLIERS, AND AGENTS DO NOT WARRANT THAT YOUR USE OF OUR SITES OR CONTENT WILL BE UNINTERRUPTED, ERROR-FREE OR SECURE, THAT DEFECTS WILL BE CORRECTED OR THAT OUR SITES, THE SERVER(S) ON WHICH OUR SITES ARE HOSTED OR OUR CONTENT ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ACKNOWLEDGE THAT YOU ARE RESPONSIBLE FOR OBTAINING AND MAINTAINING ALL TELEPHONE, COMPUTER HARDWARE AND OTHER EQUIPMENT NEEDED TO ACCESS AND USE OUR SITES, AND ALL CHARGES RELATED THERETO. NO OPINION, ADVICE OR STATEMENT OF US OR OUR AFFILIATES, LICENSORS, SUPPLIERS, EMPLOYEES, OFFICERS, DIRECTORS, AGENTS OR VISITORS, WHETHER MADE ON OUR SITES OR OTHERWISE, SHALL CREATE ANY WARRANTY. YOUR SOLE REMEDY FOR DISSATISFACTION WITH OUR SITES, CONTENT OR ANY LINKED SITE IS TO STOP USING OUR SITES, CONTENT OR LINKED SITES, AS APPLICABLE. THE SOLE AND EXCLUSIVE MAXIMUM LIABILITY TO US FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE) OR OTHERWISE, SHALL BE THE TOTAL AMOUNT PAID BY YOU, IF ANY, TO ACCESS OUR SITES. YOUR USE OF OUR SITES AND ANY CONTENT PROVIDED THROUGH OUR SITES IS ENTIRELY AT YOUR OWN RISK.

A possibility exists that our Sites or Content could include inaccuracies or errors, or information or Content that violate these Terms of Use (specifically, the Code of Conduct above). Additionally, a possibility exists that unauthorized alterations could be made by third parties to our Sites or Content. Although we attempt to ensure the integrity of our Sites, we make no guarantees as to its completeness or correctness. If a situation arises in which our Sites’ completeness or correctness is in question, please contact us via our contact information provided on the bottom of each page of the Sites with, if possible, a description of the Content to be checked and the location (URL) where such Content can be found on our Sites.

10

Indemnification

You agree to indemnify, defend (if we so request) and hold us, our affiliates, licensors and suppliers and our and their directors, officers, employees, consultants, agents and other representatives (collectively, “indemnified parties”), harmless from and against any and all claims, damages, losses, costs (including reasonable attorneys’ fees and other legal costs) and other expenses (collectively, “losses”) that arise directly or indirectly out of or from (a) your breach of these Terms of Use, including any violation of the Code of Conduct, above; (b) any allegation that any information or Content you submit to us or transmit through our Sites or post on our linked sites infringe or otherwise violate the copyright, trademark, trade secret or other intellectual property, privacy or other rights of any third party; and (c) your activities in connection with our Sites. You also agree to reimburse each indemnified party on demand for any losses incurred by such indemnified party to which this indemnity relates.

11

Copyright Violations

If you believe any Content on the Sites (e.g., content, images, text, etc.) infringe your copyright, you may request removal of that Content from our Sites by contacting our designated copyright agent (identified below) and providing the following information:

1. Identification of the copyrighted work that you believe to be infringed. Please describe the work and where possible include a copy or the location (e.g., URL) of an authorized version.
2. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
3. Your name, address, telephone number and (if available) e-mail address.
4. A statement that you have a good faith belief that the use of the materials you notify us about is not authorized by the copyright owner, its agent or the law.
5. A statement that the information that you have supplied is accurate and that “under penalty of perjury” you are the copyright owner or are authorized to act on the copyright owner’s behalf.
6. A signature or the electronic equivalent from the copyright holder or authorized representative.

It is our policy to promptly remove infringing material if we are given proper notice of the infringement or infringing conduct by the copyright owner.

Our agent for copyright issues relating to the Sites is:

Michael Rost
IMA Financial Group, Inc.
1705 17^th Street, Suite 100
Denver, CO  80202
E-mail: copyright@imacorp.com
Or call: 303-615-7410

12

Notice for California Users

Under California Civil Code Section 1789.3, California website users are entitled to the following specific consumer rights notice: California residents may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834 or by telephone at (916) 445-1254 or (800) 952-5210.

13

Miscellaneous

These Terms of Use are governed by and construed in accordance with the laws of the State of Kansas, United States of America, without regard to its principles of conflicts of law. You agree to submit to any dispute to binding arbitration in accordance with the rules of the American Arbitration Association without the opportunity to appeal. The arbitration shall be held in Wichita, Kansas.  If any provision of these Terms of Use is found to be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions. These Terms of Use together with the Privacy Policy are the entire agreement between us relating to your use of the Sites and supersedes any and all prior or contemporaneous written or oral agreements between us with respect to such subject matter. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption or section title contained in these Terms of Use is inserted only as a matter of convenience and in no way defines or explains any section or provision hereof.

14

Questions

If you have any questions, comments or complaints regarding these Terms of Use or our Sites, feel free to contact us via our Contact Us form on the Sites or at info@imacorp.com.

Why You Are Receiving This Privacy Policy Notice

Federal and state laws and regulations generally prohibit us from sharing nonpublic personal, financial or health information about you with a non-affiliated third party unless we provide you with a notice of our privacy policies and practices, such as the types of information that we collect about you and the categories of persons or entities to whom it may be disclosed. In compliance therewith, we are providing you this notice about our privacy policies and practices.

The Information that We Collect

We collect and maintain your information so we can provide insurance brokerage services and sell insurance products to you, as well as process your insurance claims. In providing our various services, we may obtain certain non-public, personal, financial or health information. The types and categories of information we may collect about you in the performance of services for you include:

Information we receive from you on applications for insurance coverage and other forms to provide insurance brokerage services to you (such as your name, home address, social security, telephone number, financial information such as the fair market value of property you wish to insure, and health information);

Information you authorize us to collect (such as health information for underwriting purposes) or information we are authorized or required by law to collect (such as medical records in a workers’ compensation case);

Information that we generate to service your account (such as loss claim information);

Information we receive from a consumer reporting agency such as motor vehicle and driver data, credit history, and employment information; and

Information about your transactions with us and our affiliates such as your policy coverage, premium payment history, the premium you pay and claims information.

Much of the information discussed above is not collected via the IMA Group sites which include www.imacorp.com, www.towerstonecorp.com, www.eydent.com (the “Sites”).

Contact Us

Information that may be collected or submitted on the Sites includes your first and last name, business name, city and state, phone number, email address and any other information you provide to us in your correspondence with us when you submit a form through the Contact Us page on our Sites. We use this information in order to respond to your question or request. We may also use your email address to send you promotional and informational emails. You have the opportunity to opt out of receiving promotional emails.

Careers.

Additionally, you may apply for jobs with the IMA Group through the Careers page on the IMA corporate site. When you submit your resume in response to a current job opening, we collect all the information that is included in the resume that you submit to us along with your email address so that we can contact you. We use this information solely for human resources purposes. We do not share the information we collect through our Careers page other than with our affiliates as it relates to the position for which you applied.

Cookies

We may also collect information about how you access the Sites using cookies. Session ID cookies may be used by us to track your preferences while you are visiting the Sites.  They also help to minimize load times and save on server processing.  Persistent cookies may be used by us to store other information.  Cookies used on the Sites do not contain your personal information.

Log Files

We use log files which may include internet protocol (IP) addresses, browser type, internet service provider (ISP), referring/exit pages, platform type, date/time stamp, and number of clicks to analyze trends, administer the site, track your movement in the aggregate, and gather broad demographic information for aggregate use. However, none of this information contains personal information.

Children’s Information

Protecting the privacy of the very young is especially important. For that reason, we do not collect or maintain information on or through our website from those we actually know are under 13 years old, and no part of our website is structured to attract anyone under 13 years old.

Information Sharing Practices Within the IMA Group

We may share nonpublic information about you within the IMA Group, as permitted by law, to enable us to service and maintain your account and provide information to you about products and services of the IMA Group. IMA may collect data and other similar information of its customers and prospects and may use and share that data in our internal systems, such as sales management applications.  These systems permit IMA employees to access and process such data solely for the purposes of customer request completion, business administration, business reporting, statistical analysis and marketing of IMA products and services.  IMA may share the business contact data among its affiliates.  The circumstances under which disclosure within the IMA Group is permitted by law include disclosure to our subsidiary, IMA Wealth , Inc., to provide information to you about those subsidiaries’ investment management and securities brokerage services. We may use your information in order to contact you and send you information about the IMA Group or about our products and services. Specifically, we may use your email address to send you newsletters about our products and services, company news and events or educational opportunities.

Sharing Information Outside the IMA Group

We do not disclose any nonpublic information about you to non-affiliated third parties, except as permitted by law. The circumstances under which disclosure to non-affiliated third parties is permitted by law include disclosures to insurance companies or insurance intermediaries to obtain any insurance coverage requested by you or to process insurance claims. The circumstances under which disclosure to non-affiliated third parties is permitted by law also include to our auditors, appraisers and legal advisors, in response to a court order, governmental authorities pursuant to legal process, to prevent fraud, and/or disclosures to authorized third party service providers acting on our behalf, that perform marketing and other services for us, such as electronic enrollment service providers, to other financial institutions with which we have joint marketing agreements, such as banks, securities broker-dealers, registered investment advisors, and insurance providers.

How We Protect Your Information

We take commercially reasonable steps to ensure that your information is kept safe from unauthorized access.  We may use physical, electronic and procedural safeguards to protect your private information and to assist us in preventing unauthorized access to that information.

To fulfill our privacy commitment, we take certain actions which may include:

Adopting policies and procedures that put in place physical, electronic and other safeguards to keep your personal information safe;

Striving to maintain the accuracy of your information and responding to any questions or concerns you may raise in its regard;

Requiring  third parties that perform services for us to have standards to keep your information confidential;

Protecting information of our former clients to the same extent as our current clients.

Despite reasonable technological measures taken by us, technology can be bypassed and we cannot guarantee privacy of your information. You agree that we shall not be responsible for any loss, damages or liability arising from the information you provide to us in any way and you shall have no recourse against us, or any employee, officer, director, shareholder, agent or representative for such loss, damage, liability.

Requests for Your Information and Opt out Rights

To the extent provided by applicable federal or state law, you may have certain rights to access and correct the information we have collected about you.  Additionally, if you have questions or would like to request that your information not be shared among the IMA Group, please contact the IMA Compliance Department at privacy.officer@imacorp.com. If you wish to correct your information we may take reasonable steps to ensure your identification before making the requested corrections. You can opt out of receiving any promotional emails that we send to you by sending an email requesting to be removed from the email list at privacy.officer@imacorp.com or by clicking on the unsubscribe link at the bottom of the email you receive from us.

Our Policy Regarding Dispute Resolution

Any controversy or claim arising out of or relating to our privacy policy, or the breach of our privacy policy, shall be settled by arbitration in accordance with the rules of the American Arbitration Association, and judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.

Reservation of Right to Disclose Information in Unforeseen Circumstances

In connection with the sale or potential sale or transfer of all or part of our company or its assets, we reserve the right to sell or transfer your information to a third party entity that (1) concentrates its business in a similar practice or service; (2) agrees to be our successor in interest with regard to the maintenance and protection of the information collected; and (3) agrees to the obligations of this privacy policy.

This notice is for information only. No reply is necessary. If you have questions about any of the terms of this privacy policy please contact us at info@imacorp.com

Compensation Disclosure

IMA Financial Group, Inc. is a national financial services company with numerous affiliates and subsidiaries, including IMA, Inc., IMA Select LLC, IMA Acumen, LLC, CORnerstone Risk Solutions, LLC, Towerstone, Inc., and IMA Wealth , Inc. (collectively the “IMA Group”).  These entities, excluding IMA Acumen, LLC, are insurance producers licensed in accordance with respective state requirements. Insurance producers are authorized by their license to confer with insurance purchasers about the benefits, terms and conditions of insurance contracts; to offer advice concerning the substantive benefits of particular insurance contracts; to sell insurance; and to obtain insurance for purchasers.

The producer may have access to more than one insurance company to place the purchaser’s coverage,  The producer may have authority to obligate the insurance company on the purchaser’s behalf and as a result may be required to act within the scope of contractual agreements with the insurer.

Compensation will be paid to the producer by the insurer or other third parties.  Compensation may vary depending on a number of factors, including the insurer and the insurance contract the purchaser selects, the volume of business the producer places with the insurer, and the profitability of that business.  In addition to the compensation received by the IMA Group, other parties, such as excess and surplus lines brokers, wholesalers, reinsurance intermediaries, underwriting managers and similar parties (some of which may be owned in whole or in part by the IMA Group), may earn and retain usual and customary commissions or other compensations for providing insurance products to a Client under separate contracts with insurers or reinsurers.  Such payments will not be considered as compensation to IMA and will not offset any compensation payable to IMA.  In addition, there may be referral compensation shared within the IMA Group. Further, the IMA Group may receive contingent or incentive payments or allowances from insurers or finance companies based on the size or performance of an overall book of business produced with them by the IMA Group.  Additionally, expense reimbursements for travel or technology enhancements, salary offsets or de minimus gifts may be provided.  The IMA Group may also receive interest on premium being held prior to disbursement.

Upon written request, the IMA Group will provide to Client additional details and information about any and all compensation arrangements for insurance placed and/or quoted on behalf of the Client.

Social Media

IMA Financial Group, Inc.

01

Our Proprietary Rights

The information and materials provided by us on and through our pages or feeds on the Sites, including any data, text, graphics, images, audio and video clips, logos, icons (collectively, “Content”), are and shall remain the property of us and our licensors and suppliers and are protected by copyright, trademark, patent and other proprietary rights and laws. You may use one copy of the Content for your personal use (and not for any public or commercial use) if you retain all copyright and other proprietary notices on the Content and do not use any graphics, video clips or images without the accompanying text. Except as expressly permitted in these Terms of Use, you may not reproduce, distribute, display or perform (publicly or otherwise), prepare derivative works of, modify, make, sell, offer to sell, import or otherwise exploit any Content without our prior written consent, and if we require, the prior written consent of our licensors and suppliers. The trademarks, trade names and service marks used by us on our pages and feeds through the Sites are the property of us or others. No use of any of our trademarks, trade names or service marks may be made without our prior written consent, except to identify our products or services. Except as permitted above, no license or right, express or implied, is granted to any person under any of our or our licensors’ patents, trademarks, copyrights or other proprietary rights. Misuse of any of our or our licensors’ intellectual property rights is prohibited. We will aggressively enforce our intellectual property rights, including via civil and criminal proceedings.

02

Code of Conduct

Any content that you post on our pages on the Sites is governed by the terms of that Site’s provider with respect to posting content. Our pages on the Sites are publicly available for everyone to see. That means that if you post a comment or other content on our pages on the Sites your profile picture and name will be associated with that comment and available for everyone to see. Please be mindful that your comments are permanent and public when posting comments or other content on our pages on the Sites. We may review your comments from time to time, but we do not monitor comments before they are posted. If you become aware of any post on our pages on the Sites that is false, fraudulent, threatening, intimidating, abusive, libelous, defamatory, obscene, indecent, pornographic, or otherwise objectionable or would give rise to criminal or civil liability or if you believe that a person has impersonated any person or entity, including but not limited to any of our employees, agents or representatives, or has falsely represented his/her affiliation with us, please report it to us at info@imacorp.com.  We expressly reserve the right in our sole and absolute discretion to remove any content posted by you on our pages on the Sites.

03

Our Information

Although we strive to provide Content that is both useful and accurate, laws, regulations, data and other information change frequently and are subject to varying interpretations. In addition, the facts and circumstances of every situation differ. Accordingly, although we endeavor to use reasonable care in assembling the Content posted on our pages on the Sites, the Content may not be up-to-date, accurate or complete. If a situation arises in which the Content’s completeness or correctness is in question, please contact us via at info@imacorp.com with, if possible, a description of the Content to be checked and the location (URL) where such Content can be found on our pages or in our feeds on the Sites.

04

Your Information

When you follow us on a third party’s social media website, such as LinkedIn or Twitter or when you like us on Facebook we will have access to your profile and any personal information that you include in your profile. While we do not intend to collect, store, or maintain this information other than information in the aggregate, such as how many followers we have on our pages on the Sites, we may use this information to send you messages via email or via the mail and messaging systems on the Sites. You have the right to opt out of receiving these messages from us. By following us on a third party social media website or liking us on Facebook you expressly consent to receive these messages from us which may be promotional in nature. Any information that you provide to us on our pages on the Sites, whether in the form of posts, comments, or recommendations, is provided to us with a perpetual, irrevocable, fully paid-up, transferable, sublicense able (through multiple levels), non-exclusive, worldwide right and license to use, reproduce, distribute, display and perform (publicly or otherwise), prepare derivative works of and modify, make, sell, offer to sell, import and otherwise use and exploit all or any part of such information and content in any form or media (now known or later developed) for any purpose, commercial or otherwise, without compensation or other obligation to you except as otherwise required by our Privacy Policy. If we decide to use a comment posted by you on our page in any other form or media or for promotional purposes, we will only use your first name to attribute the comment to you. You acknowledge that we own all right, title and interest in any compilation, collective work or derivative work created using or incorporating your information and content. You represent that your information will be accurate, current and complete when posted or provided to us. You also represent that you have the power and authority or capacity to grant us the above license and publicity release, that your information and content are not subject to any claims or encumbrances, and that your information and content and our exercise of the above license do not and will not violate any law, rule or regulation or infringe, misappropriate or violate any patent, copyright, trademark, trade secret, publicity, privacy or other rights of any third party.

05

Privacy Policy

INFORMATION SHARING PRACTICES WITHIN THE IMA GROUP

In addition to the uses of your information that we have access to via your liking our Facebook page or following us on other third party social media websites as described above in Paragraph 4, we may share nonpublic information about you within the IMA Group, as permitted by law, to enable us to service and maintain your account if you are an IMA customer and provide information to you about products and services of the IMA Group. We may collect data and other similar information of its customers and prospects and may use and share that data in our internal systems, such as sales management applications.  These systems permit our employees to access and process such data solely for the purposes of customer request completion, business administration, business reporting, statistical analysis and marketing of IMA Group products and services. We may share the business contact data among our affiliates.  The circumstances under which disclosure within the IMA Group is permitted by law include disclosure to our subsidiary, IMA Wealth , Inc,. to provide information to you about that subsidiary’s investment management and securities brokerage services. We may use your information in order to contact you and send you information about the IMA Group or about our products and services. Specifically, we may use your email address, LinkedIn profile or Facebook profile to send you newsletters about our products and services, company news and events or educational opportunities.

SHARING INFORMATION OUTSIDE THE IMA GROUP

We do not disclose any nonpublic information about you to non-affiliated third parties, except as permitted by law. The circumstances under which disclosure to non-affiliated third parties is permitted by law include disclosures to insurance companies or insurance intermediaries to obtain any insurance coverage requested by you or to process insurance claims. The circumstances under which disclosure to non-affiliated third parties is permitted by law also include to our auditors, appraisers and legal advisors, in response to a court order, governmental authorities pursuant to legal process, to prevent fraud, and/or disclosures to authorized third party service providers acting on our behalf, that perform marketing and other services for us, such as electronic enrollment service providers, to other financial institutions with which we have joint marketing agreements, such as banks, securities broker-dealers, registered investment advisors, and insurance providers.

HOW WE PROTECT YOUR INFORMATION

We take commercially reasonable steps to ensure that your information is kept safe from unauthorized access.  We may use physical, electronic and procedural safeguards to protect your private information and to assist us in preventing unauthorized access to that information.

To fulfill our privacy commitment, we take certain actions which may include:

Adopting policies and procedures that put in place physical, electronic and other safeguards to keep your personal information safe;

Striving to maintain the accuracy of your information and responding to any questions or concerns you may raise in its regard;

Requiring  third parties that perform services for us to have standards to keep your information confidential;

Protecting information of our former clients to the same extent as our current clients.

Despite reasonable technological measures taken by us, technology can be bypassed and we cannot guarantee privacy of your information. You agree that we shall not be responsible for any loss, damages or liability arising from the information you provide to us or that we have access to via your liking our Facebook page or following us on Twitter or LinkedIn and you shall have no recourse against us, or any employee, officer, director, shareholder, agent or representative for such loss, damage, liability.

REQUESTS FOR YOUR INFORMATION AND OPT OUT RIGHTS

To the extent provided by applicable federal or state law, you may have certain rights to access and correct the information we have collected about you.  Additionally, if you have questions or would like to request that your information not be shared among the IMA Group, please contact the IMA Compliance Department at privacy.officer@imacorp.com. If you wish to correct your information we may take reasonable steps to ensure your identification before making the requested corrections. You can opt out of receiving any promotional emails that we send to you by sending an email requesting to be removed from the email list at privacy.officer@imacorp.com or by clicking on the unsubscribe link at the bottom of the email you receive from us.

RESERVATION OF RIGHT TO DISCLOSE INFORMATION IN UNFORESEEN CIRCUMSTANCES

In connection with the sale or potential sale or transfer of all or part of our company or its assets, we reserve the right to sell or transfer your information to a third party entity that (1) concentrates its business in a similar practice or service; (2) agrees to be our successor in interest with regard to the maintenance and protection of the information collected; and (3) agrees to the obligations of this privacy policy.

06

Links

Our pages on the Sites contain links to our websites which are governed by the terms of use and privacy policies available on those sites.

07

Jurisdictional Issues

We make no representation that the Content available on or through our pages on the Sites is appropriate or available for use in locations outside of the United States. If you choose to access our pages on the Sites from locations outside of the United States, you do so on your own initiative and at your own risk, and are responsible for compliance with applicable laws.

08

Disclaimers and Limitation of Liability

THE CONTENT WE POST ON OUR FACEBOOK PAGES, THROUGH YOUTUBE, TO OUR TWITTER FEED, ON OUR LINKEDIN PAGES, AND ON OR THROUGH ANY OTHER FORMS OF SOCIAL MEDIA IS PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS, IMPLIED OR STATUTORY. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE AND OUR AFFILIATES, LICENSORS, SUPPLIERS, EMPLOYEES, OFFICERS, DIRECTORS AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, ACCURACY, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. NEITHER WE NOR ANY OF OUR AFFILIATES, LICENSORS SUPPLIERS, OR AGENTS, NOR ANY OF THEIR DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS, AGENTS OR OTHER REPRESENTATIVES, ARE RESPONSIBLE OR LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS, LOSS OF DATA OR LOST PROFITS), UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY TO THE CONTENT EVEN IF WE HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES IN ADVANCE. NO OPINION, ADVICE OR STATEMENT OF US OR OUR AFFILIATES, LICENSORS, SUPPLIERS, AGENTS, EMPLOYEES, OFFICERS, OR DIRECTORS, WHETHER MADE ON OUR PAGES ON THE SITES OR OTHERWISE, SHALL CREATE ANY WARRANTY. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE CONTENT IS TO STOP FOLLOWING OUR PAGES AND FEEDS OR TO NOT LIKE OUR PAGE, AS APPLICABLE. YOUR USE OF ANY CONTENT PROVIDED THROUGH OUR PAGES ON THE SITES IS ENTIRELY AT YOUR OWN RISK.

09

Indemnification

You agree to indemnify, defend (if we so request) and hold us, our affiliates, licensors and suppliers and our and their directors, officers, employees, consultants, agents and other representatives (collectively, “indemnified parties”), harmless from and against any and all claims, damages, losses, costs (including reasonable attorneys’ fees and other legal costs) and other expenses (collectively, “losses”) that arise directly or indirectly out of or from (a) your breach of these Terms of Use, including any violation of the terms of use of the Sites; (b) any allegation that any information or Content you submit on our pages on the Sites infringe or otherwise violate the copyright, trademark, trade secret or other intellectual property, privacy or other rights of any third party; and (c) your activities in connection with our pages or feeds on the Sites. You also agree to reimburse each indemnified party on demand for any losses incurred by such indemnified party to which this indemnity relates.

10

Copyright Violations

If you believe any Content on the Sites (e.g., content, images, text, etc.) infringe your copyright, you may request removal of that Content from our feeds or pages on the Sites by contacting our designated copyright agent (identified below) and providing the following information:

Identification of the copyrighted work that you believe to be infringed. Please describe the work and where possible include a copy or the location (e.g., URL) of an authorized version.

Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;

Your name, address, telephone number and (if available) e-mail address.

A statement that you have a good faith belief that the use of the materials you notify us about is not authorized by the copyright owner, its agent or the law.

A statement that the information that you have supplied is accurate and that “under penalty of perjury” you are the copyright owner or are authorized to act on the copyright owner’s behalf.

A signature or the electronic equivalent from the copyright holder or authorized representative.

It is our policy to promptly remove infringing material if we are given proper notice of the infringement or infringing conduct by the copyright owner.

Our agent for copyright issues relating to Content on the Sites is:

Michael Rost

IMA Financial Group, Inc.

1705 17th Street, Suite 100

Denver, CO 80202

E-mail: copyright@imacorp.com

Or call: 303-615-7410

11

Miscellaneous

These Terms of Use are governed by and construed in accordance with the laws of the State of Kansas, United States of America, without regard to its principles of conflicts of law. You agree to submit to any dispute to binding arbitration in accordance with the rules of the American Arbitration Association without the opportunity to appeal. The arbitration shall be held in Wichita, Kansas.  If any provision of these Terms of Use is found to be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions. These Terms of Use together with the Privacy Policy are the entire agreement between us relating to your use of our pages or feeds on the Sites and the Content and supersedes any and all prior or contemporaneous written or oral agreements between us with respect to such subject matter. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption or section title contained in these Terms of Use is inserted only as a matter of convenience and in no way defines or explains any section or provision hereof.

12

Questions

If you have any questions, comments or complaints regarding these Terms of Use or our Sites, feel free to contact us at info@imacorp.com.

Effective November 7, 2011

01

Our Proprietary Rights

The information and materials provided on and through our Sites, including any data, text, graphics, images, audio and video clips, logos, icons, software and links (collectively, “Content”), are and shall remain the property of us and our licensors and suppliers and are protected by copyright, trademark, patent and other proprietary rights and laws. You may use one copy of the Content for your personal use (and not for any public or commercial use) if you retain all copyright and other proprietary notices on the Content and do not use any graphics, video clips or images without the accompanying text. Except as expressly permitted in these Terms of Use, you may not reproduce, distribute, display or perform (publicly or otherwise), prepare derivative works of, modify, make, sell, offer to sell, import or otherwise exploit any Content without our prior written consent, and if we require, the prior written consent of our licensors and suppliers. The trademarks, trade names and service marks on our Sites are the property of us or others. No use of any of our trademarks, trade names or service marks may be made without our prior written consent, except to identify our products or services. Except as permitted above, no license or right, express or implied, is granted to any person under any of our or our licensors’ patents, trademarks, copyrights or other proprietary rights. Misuse of any of our or our licensors’ intellectual property rights is prohibited. We will aggressively enforce our intellectual property rights, including via civil and criminal proceedings.

02

Code of Conduct

While using our Sites and Content, you agree to comply with all applicable laws, rules and regulations. In addition, we expect users of our Sites to respect the rights and dignity of others. You agree not to:

• Restrict or inhibit any other visitor from using our Sites, including, without limitation, by means of “hacking” or defacing any portion of our Sites;
• Transmit or otherwise make available in connection with our Sites:
  • any content or information that is fraudulent, threatening, intimidating, abusive, libelous, defamatory, obscene, indecent, pornographic or otherwise objectionable or would give rise to criminal or civil liability;
  • any material, non-public information about companies without the authorization to do so;
  • any content or information that encourages conduct that constitutes a criminal offense or that encourages or provides instructional information about illegal or potentially illegal activities;
  • any content or information that is or may be protected by copyright, trademark, trade secret, right of publicity or other proprietary right without the express consent of the owner of such right; or
• any advertisements, solicitations, pyramid schemes, investment opportunities or other unsolicited commercial communication;
• Transmit any software or other materials that may or is intended to damage or hijack the operation of any hardware, software or telecommunications equipment or any other actually or potentially harmful, disruptive or invasive code or component;
• Interfere with or disrupt the operation of our Sites or the servers or networks that host our Sites or disobey any requirements, procedures, policies or regulations of such servers or networks;
• “Frame” or “mirror” any part of our Sites without our prior written consent;
• Use any robot, spider, site search/retrieval application or other manual or automatic device or process to retrieve, index, “data mine” or in any way determine, archive, reproduce or circumvent the navigational structure or presentation of our Sites or their Content;
• Create a database by systematically downloading and storing all or any of the Content from our Sites; or
• Interfere with or violate any other visitor’s or user’s right to privacy or other rights or harvest or collect information about Sites’ visitors or users without their express consent.

03

Our Information

Although we strive to provide Content that is both useful and accurate, laws, regulations, data and other information change frequently and are subject to varying interpretations. In addition, the facts and circumstances of every situation differ. Accordingly, although we endeavor to use reasonable care in assembling the Content on our Sites, the Content may not be up-to-date, accurate or complete. The Content we provide is for educational and informational purposes only.

Please contact us via our contact information provided on the bottom of each page of the Sites to determine whether you have the most recent version of the Content made generally available by us. We note that even the most recent version available from us may not be up-to-date, accurate or complete. Portions of the Content may have been contributed to our Sites by various industry specialists and service providers. The inclusion of such information does not indicate any approval or endorsement of such specialists or providers, and we expressly disclaim any liability with respect to the foregoing.

04

Your Information

In order to purchase products or services from us, you must contact one of our authorized representatives. You can submit a request for information about our products or services through the Contact Us page on our Sites and an authorized representative will get in touch with you either by phone or email with the contact information that you provide to us. You cannot purchase our products or services through the Sites. Any information that you provide to us through the Contact Us form on our Site is provided to us with a perpetual, irrevocable, fully paid-up, transferable, sublicenseable (through multiple levels), non-exclusive, worldwide right and license to use, reproduce, distribute, display and perform (publicly or otherwise), prepare derivative works of and modify, make, sell, offer to sell, import and otherwise use and exploit all or any part of such information and Content in any form or media (now known or later developed) for any purpose, commercial or otherwise, without compensation or other obligation to you except as otherwise required by our Privacy Policy. You acknowledge that we own all right, title and interest in any compilation, collective work or derivative work created using or incorporating your information and Content. You represent that your information will be accurate, current and complete when posted or provided to us. You also represent that you have the power and authority or capacity to grant us the above license, that your information and Content are not subject to any claims or encumbrances, and that your information and Content and our exercise of the above license do not and will not violate any law, rule or regulation or infringe, misappropriate or violate any patent, copyright, trademark, trade secret, publicity, privacy or other rights of any third party.

Access to the Client Service Center on our Sites is restricted to current customers of the IMA Group.  The resources offered to our customers in the Client Service Center are free of charge. Any access to the Client Service Center terminates automatically if you are no longer a current customer of IMA Group. If you are a current customer of the IMA Group you may contact your IMA authorized representative to receive a username and password to access the Client Service Center. You are responsible for maintaining the privacy of the username and password given to you. You shall not share with or transfer your username and password to a third party. You agree that you will not allow others to use your account and that you will have sole responsibility for any unauthorized use of your account for the Client Service Center.  All information and resources available to customers through the Client Service Center are Content for educational and informational purposes only and subject to the limitations on use described in these Terms of Use.

05

Links

Our Sites contain links to other websites which may or may not be owned or operated by us. We have not reviewed all of the websites that are linked to our Sites, and we have no control over such sites. While you can link to the website for TrueNorth, Inc. through the Sites, these Terms of Use do not apply to your use of the TrueNorth website. Please review the privacy policy and terms of use for the TrueNorth site when visiting that site. We are not responsible for (a) the content of such websites unless we have posted the content, such as a description of IMA Group’s business on our LinkedIn or Facebook page, (b) any updates or changes to such sites or (c) the privacy policy or other practices of such sites. The fact that we offer links to other websites does not indicate any approval or endorsement of any material contained on any linked site. We are providing these links to you only as a convenience. Accordingly, we strongly encourage you to become familiar with the terms of use and practices of any linked site. While we may provide a link to our Facebook page, our Twitter handle and feed, our LinkedIn pages, videos we share on YouTube or other social media websites from our Sites, your use of those sites is governed by the terms and conditions of those sites. Additionally, if you “like” one of our Facebook pages, you thereby acknowledge your agreement to our Facebook page terms of use. By “liking” our Facebook pages or “following” us on Twitter, LinkedIn or other similar social media websites you consent to receive messages from us in various forms, including in the form of posts on our Facebook pages, messages through Facebook, Tweets, updates on our LinkedIn pages and In-mail through LinkedIn. These messages may be promotional in nature. If you do not wish to receive the messages you should not follow us on Twitter or LinkedIn or other similar sites or like us on Facebook. Further, it is up to you to take precautions to ensure that whatever links you select or Content you download (whether from our Sites or other sites) are free of such items as viruses, worms, trojan horses, easter eggs, web bugs, cancelbot, “spyware,” defects, date bombs, time bombs and other items of a destructive nature.

06

Dealings with Third Party Providers

Your correspondence or business dealings with, or participation in promotions sponsored by, any third party providers of goods or services found on or through our Sites, and any terms, conditions, warranties, or representations associated with such dealings, are solely between you and such third party provider. You agree that we are not responsible or liable for any loss or damage of any sort incurred in connection with any such dealings or as the result of the presence of such third parties’ materials on our Sites, including but not limited to links to YouTube, Twitter, Facebook and LinkedIn.

07

Jurisdictional Issues

We make no representation that the Content available on or through our Sites is appropriate or available for use in locations outside of the United States. If you choose to access our Sites from locations outside of the United States, you do so on your own initiative and at your own risk, and are responsible for compliance with applicable laws. We reserve the right to limit the availability of our Sites and the provision of any service, program or other product described on our Sites to any person, geographic area or jurisdiction, at any time and in our sole discretion. You agree not to transport, import, export, or re-export all or any part of the Content to (or to a national or resident of): (a) Cuba, Iraq, Libya, Liberia, North Korea, Iran, Syria, Serbia, Sudan or any other country to which the U.S. has embargoed goods or (b) any person or entity on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. You also represent, warrant and covenant to us that you are not located in or under the control of any such country or on any such list.

08

Termination

We may terminate your use of our Sites or any part of them and your account with us at any time and for any reason without any notice to you. Neither we nor any of our affiliates will be liable to you or any third party for any termination of your access to any part of our Sites or your account.

09

Disclaimers and Limitation of Liability

EXCEPT AS OTHERWISE SET FORTH ON OUR SITES OR THE CONTENT, OUR SITES, THE CONTENT ON OUR SITES, THE CONTENT WE POST ON OUR FACEBOOK PAGES, THROUGH YOUTUBE, TO OUR TWITTER FEED, ON OUR LINKEDIN PAGES, AND ON OR THROUGH ANY OTHER FORMS OF SOCIAL MEDIA AND ANY PRODUCT OR SERVICE OBTAINED THROUGH OUR SITES ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS, IMPLIED OR STATUTORY. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE AND OUR AFFILIATES, LICENSORS, SUPPLIERS, EMPLOYEES, OFFICERS, DIRECTORS AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, ACCURACY, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. NEITHER WE NOR ANY OF OUR AFFILIATES, LICENSORS SUPPLIERS, OR AGENTS, NOR OUR OR THEIR DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS, AGENTS OR OTHER REPRESENTATIVES, ARE RESPONSIBLE OR LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS, LOSS OF DATA OR LOST PROFITS), UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY TO OUR SITES OR CONTENT CONTAINED ON OUR SITES, ANY LINKED SITE OR ANY CONTENT, PRODUCTS OR SERVICES OBTAINED THROUGH OUR SITES, EVEN IF WE HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES IN ADVANCE. WE AND OUR AFFILIATES, LICENSORS, SUPPLIERS, AND AGENTS DO NOT WARRANT THAT YOUR USE OF OUR SITES OR CONTENT WILL BE UNINTERRUPTED, ERROR-FREE OR SECURE, THAT DEFECTS WILL BE CORRECTED OR THAT OUR SITES, THE SERVER(S) ON WHICH OUR SITES ARE HOSTED OR OUR CONTENT ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ACKNOWLEDGE THAT YOU ARE RESPONSIBLE FOR OBTAINING AND MAINTAINING ALL TELEPHONE, COMPUTER HARDWARE AND OTHER EQUIPMENT NEEDED TO ACCESS AND USE OUR SITES, AND ALL CHARGES RELATED THERETO. NO OPINION, ADVICE OR STATEMENT OF US OR OUR AFFILIATES, LICENSORS, SUPPLIERS, EMPLOYEES, OFFICERS, DIRECTORS, AGENTS OR VISITORS, WHETHER MADE ON OUR SITES OR OTHERWISE, SHALL CREATE ANY WARRANTY. YOUR SOLE REMEDY FOR DISSATISFACTION WITH OUR SITES, CONTENT OR ANY LINKED SITE IS TO STOP USING OUR SITES, CONTENT OR LINKED SITES, AS APPLICABLE. THE SOLE AND EXCLUSIVE MAXIMUM LIABILITY TO US FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE) OR OTHERWISE, SHALL BE THE TOTAL AMOUNT PAID BY YOU, IF ANY, TO ACCESS OUR SITES. YOUR USE OF OUR SITES AND ANY CONTENT PROVIDED THROUGH OUR SITES IS ENTIRELY AT YOUR OWN RISK.

A possibility exists that our Sites or Content could include inaccuracies or errors, or information or Content that violate these Terms of Use (specifically, the Code of Conduct above). Additionally, a possibility exists that unauthorized alterations could be made by third parties to our Sites or Content. Although we attempt to ensure the integrity of our Sites, we make no guarantees as to its completeness or correctness. If a situation arises in which our Sites’ completeness or correctness is in question, please contact us via our contact information provided on the bottom of each page of the Sites with, if possible, a description of the Content to be checked and the location (URL) where such Content can be found on our Sites.

10

Indemnification

You agree to indemnify, defend (if we so request) and hold us, our affiliates, licensors and suppliers and our and their directors, officers, employees, consultants, agents and other representatives (collectively, “indemnified parties”), harmless from and against any and all claims, damages, losses, costs (including reasonable attorneys’ fees and other legal costs) and other expenses (collectively, “losses”) that arise directly or indirectly out of or from (a) your breach of these Terms of Use, including any violation of the Code of Conduct, above; (b) any allegation that any information or Content you submit to us or transmit through our Sites or post on our linked sites infringe or otherwise violate the copyright, trademark, trade secret or other intellectual property, privacy or other rights of any third party; and (c) your activities in connection with our Sites. You also agree to reimburse each indemnified party on demand for any losses incurred by such indemnified party to which this indemnity relates.

11

Copyright Violations

If you believe any Content on the Sites (e.g., content, images, text, etc.) infringe your copyright, you may request removal of that Content from our Sites by contacting our designated copyright agent (identified below) and providing the following information:

1. Identification of the copyrighted work that you believe to be infringed. Please describe the work and where possible include a copy or the location (e.g., URL) of an authorized version.
2. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
3. Your name, address, telephone number and (if available) e-mail address.
4. A statement that you have a good faith belief that the use of the materials you notify us about is not authorized by the copyright owner, its agent or the law.
5. A statement that the information that you have supplied is accurate and that “under penalty of perjury” you are the copyright owner or are authorized to act on the copyright owner’s behalf.
6. A signature or the electronic equivalent from the copyright holder or authorized representative.

It is our policy to promptly remove infringing material if we are given proper notice of the infringement or infringing conduct by the copyright owner.

Our agent for copyright issues relating to the Sites is:

SueAnn Schultz
IMA Financial Group, Inc.
2820 SW Mission Woods Drive, Ste. 150
Topeka, KS 66614

Fax:  785-380-0466
E-mail: copyright@imacorp.com
Or call: 785-232-2202

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Notice for California Users

Under California Civil Code Section 1789.3, California website users are entitled to the following specific consumer rights notice: California residents may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834 or by telephone at (916) 445-1254 or (800) 952-5210.

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Miscellaneous

These Terms of Use are governed by and construed in accordance with the laws of the State of Kansas, United States of America, without regard to its principles of conflicts of law. You agree to submit to any dispute to binding arbitration in accordance with the rules of the American Arbitration Association without the opportunity to appeal. The arbitration shall be held in Wichita, Kansas.  If any provision of these Terms of Use is found to be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions. These Terms of Use together with the Privacy Policy are the entire agreement between us relating to your use of the Sites and supersedes any and all prior or contemporaneous written or oral agreements between us with respect to such subject matter. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption or section title contained in these Terms of Use is inserted only as a matter of convenience and in no way defines or explains any section or provision hereof.

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Questions

If you have any questions, comments or complaints regarding these Terms of Use or our Sites, feel free to contact us via our Contact Us form on the Sites or at info@imacorp.com.

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A.M Best Rating

Every effort is made by IMA to place your insurance coverage with companies that have displayed evidence of being in good financial condition and size as determined by recognized rating agencies such as A.M. Best. The responsibility for financial strength lies with the insurance companies themselves and the state insurance commissioners. IMA is not responsible for the financial strength of the insurance companies with whom business is placed. We do attempt to access and utilize those insurance companies that are the best available to meet your needs.

Admitted/Surplus Lines/Guaranty Fund Data
The term admitted carrier refers to an insurer which has been approved or licensed by a given state insurance department to write business within that state. Such carriers are also referred to as authorized carriers. An authorized carrier is protected by the State Guaranty Fund should an insolvency (bankruptcy) of the insurer occur. The protection is subject to certain maximum per claim limits and other restrictions/limitations. To review the guaranty laws for your particular state of operation, go to the website, https://www.ncigf.org/.

A surplus lines carrier, also known as a non-admitted or unauthorized carrier, in a given state is not protected at all by the Guaranty Fund in that state should the carrier become insolvent. Nor has the policy wording or rates been reviewed by the Insurance Department of the State.

IT IS IMPORTANT TO KEEP IN MIND THAT AN ADMITTED OR SURPLUS LINES STATUS, AS WELL AS THE RESULTING APPLICABILITY OF ANY STATE’S GUARANTY FUND, ARE ISSUES ONLY IF/WHEN A CARRIER IS DECLARED INSOLVENT.

IMA DOES NOT GUARANTEE THE FINANCIAL SOLVENCY OF ANY INSURANCE CARRIER.

Effective March 12, 2018