Social Media Terms of Use and Privacy Policy

SOCIAL MEDIA TERMS of USE and PRIVACY POLICY

The IMA Financial Group, Inc.

Effective November 7, 2011

The IMA Financial Group, Inc. and its insurance brokerage subsidiaries and affiliates (collectively referred to in this notice as “we”, “us”, “our” or the “IMA Group”) provide insurance brokerage services and sell insurance products and services to commercial businesses and to individuals for personal, family and household purposes. The IMA Group maintains pages on various social media websites in order to keep its customers, prospective customers, employees, and followers informed of IMA Group events, achievements, activities, and news. “You” refers to each of the visitors to the IMA Group pages on various third party websites, including but not limited to YouTube, LinkedIn, Facebook and Twitter (the “Sites”). Your access to the Sites is subject to the terms of use and privacy policies maintained by those Sites, including but not limited to YouTube, LinkedIn, Facebook and Twitter. If you follow us on YouTube, LinkedIn, Twitter or other similar social media websites or like us on Facebook, then your use of the Sites with respect to our pages is also governed by these Terms of Use and Privacy Policy (the “Terms of Use”), which we may update from time to time. By following us on a third party social media website or liking us on Facebook you agree that you have read these Terms of Use, you understand them and you accept these Terms of Use without any modification. We will post a notification on our pages on the Sites when we update these Terms of Use. You can determine when the Terms of Use were last revised by checking the date at the bottom of these Terms of Use. If you do not agree with the Terms of Use, your sole remedy is to not follow us on those third party social media websites and to not like us on Facebook.

1. 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.
2. 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.
3. 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.
4. 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.
5. 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 legal@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 legal@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.

6. 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.
7. 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.
8. 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.
9. 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
The IMA Financial Group, Inc.
1705 17th Street, Suite 100
Denver, CO 80202
E-mail: legal@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.