Terms of Use

WEBSITE TERMS OF USE

The IMA Financial Group, Inc.

Effective November 7, 2011
Revised October, 2018

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. “You”/”Your Company” refers to each of the visitors to the IMA Group websites, including www.imacorp.com, www.eydent.com, and www.towerstonecorp.com, but excluding www.imawealth.com (the Sites”).  Your access to the Sites is subject to the following Terms of Use, specifically our Privacy Policy, which we may update from time to time. By accessing and using our Sites, you agree that you have read, understand and agree to our Terms of Use then in effect. You can determine when our Terms of Use were last revised by checking the date at the bottom of these Terms of Use. If you do not agree with our Terms of Use, your sole remedy is to discontinue use of the Sites.

Our Sites may not be available at all times or in all areas. We reserve the right at any time in our sole discretion, without notice or liability to you, to deny access to you, to modify or discontinue one or more of our Sites.

1. 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.
2. 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.

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 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 each 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 content they provide.

4. 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.
5. 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.

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