Texas Kids First

Terms of Use

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Effective Date: June 1, 2023

Thank you for visiting the Texas Kids First website. The Texas Kids First Program is marketed and managed by Legend Insurance Agency LLC, and the insurance plans are administered by Universal Fidelity Life Insurance Company (collectively referred to herein as “ULFIC”, “Legend”, “we,” “us,” or “our”). When we refer to “you,” “your,” or “user,” we refer to the person using or accessing this website. By using or accessing our website, you acknowledge and agree that you have read and understood, and that you agree to be bound by, these Terms of Use (referred to herein as “Terms of Use” or “Terms”) without limitation or qualification. If you do not wish to be bound by these Terms, please discontinue using and accessing this website immediately. You also acknowledge that you have read and understood our Online Privacy Policy (“Online Privacy Policy”), which contains important information about how we collect, use, disclose and safeguard your information when you visit our website, our mobile websites, and our mobile device applications where this Online Privacy Policy is located.

We reserve the right to change these Terms at any time, and from time to time, without notice in our sole discretion. We will indicate changes to these Terms by updating the “Effective Date” above. Your use of this website following a change to these Terms signals your acceptance of the modification(s).

PLEASE READ THE FOLLOWING TERMS CAREFULLY BEFORE YOU USE THIS WEBSITE

We do not authorize persons less than 16 years of age to use our website, our products or services. Our products, services and our website are not marketed to or directed to children under the age of 16. Therefore, we do not knowingly collect personally identifiable information directly from children under the age of 16 through our website. If you are a parent of a child under 16, and you believe that your child has directly provided us with information about himself or herself through our website or online services or that we have otherwise received information directly from a minor through our website or online services, please contact us.

By using this website, users represent that they are not less than 16 years of age. In the event we become aware that we have collected personal information directly from a person under 16 years of age through our website or online services, we will delete such information from our database.

To learn more about how to protect your child online, visit the FTC’s website. You may also want to read the helpful information about kids and privacy that the FTC provides.

PURPOSE OF INFORMATION ON WEBSITE

The website and all of its content and information (collectively, the “Content”) is provided solely for general informational purposes. The Content is not a complete description of all terms, conditions, and exclusions applicable to the products and services described. All products and services are subject to applicable qualification requirements, terms and conditions that may be changed by us at any time, and from time to time, without notice in our sole discretion. Products and services referenced on this website may not be available in all jurisdictions. The student accident plans described in the Content are offered only within the state of Texas.

Nothing on this website should be construed to represent what sort of coverage, if any, may apply to any type of claim or loss or what coverage is included within any type of insurance policy or plan or what sort of terms or conditions may be applied to any contract for products or services. Insurance policy or plan provisions can vary by state, program, and the issuing and/or underwriting company. Additionally, federal and/or state law may impact the application or meaning of the terms of an insurance policy or plan. Descriptions of insurance on this website are intended to be very general in nature and actual insurance policy or plan terms may differ significantly from the coverage described herein.

Any Content on this website that includes references to health, medical conditions or lifestyle is for educational information only and is not meant to be a substitute for professional medical advice. Never ignore professional medical advice or delay obtaining professional medical advice because of something in the Content on this website. Always seek the guidance of your physician or another qualified health provider with any questions regarding your personal health or medical conditions. Reliance on the Content on this website is solely at your risk. Call your doctor or 911 immediately if you think you or a family member may have a medical emergency.

NO LEGAL, FINANCIAL OR TAX ADVICE

The Content on this website is not intended to constitute legal, financial or tax advice and should not be relied on for purposes of making decisions that could impact legal, financial or tax matters. You should consult an appropriate professional for specific advice tailored to your situation.

INTELLECTUAL PROPERTY RIGHTS / REPRODUCTION OF INFORMATION PROHIBITED

This website, its Content, including all copyrights, trademarks, service marks, trade names, and all other intellectual property rights (“Intellectual Property”) are owned and controlled by UFLIC, its subsidiaries or affiliates, or its licensors and are protected by copyright or other applicable intellectual property laws. You may print a copy of the Content for your personal non-commercial use only. You may not, however, copy, use, reproduce, or distribute the Content or the Intellectual Property (including the UFLIC name) or make copies of all or substantially all of our website or link to it, absent specific, prior written permission from UFLIC. You also may not delete or alter copies of the original to exclude copyright or other notices. Finally, you may not use our logo or service mark in advertising or publicity without specific, prior written consent from UFLIC.

PROVIDER LIST CONFIDENTIALY NOTICE

A verified Policyholder and Insured may gain exclusive access to the proprietary Texas Kids First Provider List.

Each Policyholder and Insured agrees to accept the conditions outlined below and acknowledges that the purpose of this notice is to set forth conditions under which a Policyholder and an Insured may obtain exclusive access to Texas Kids First Provider Information that is proprietary and confidential.

  1. A Policyholder and an Insured shall be responsible for using the information for internal or personal use only. It is intended for use by administrators, school board members, and athletic trainers if the Policyholder is a District/College or for use by parents/guardians of school age children that purchase an individual accident policy through Texas Kids First. All such individuals shall be apprised of the confidentiality of the information and subject to the terms of this notice.
  2. A Policyholder or Insured shall not disclose, circulate, publish, or distribute this information to any third party or other entity. This information shall not be provided in any written proposals or representations. Each Policyholder and Insured represents that no consultants shall have access to this information.
  3. Each Policyholder and Insured agrees to not alter or modify any information contained herein.
  4. No right or interest in this information is transferred to a Policyholder, an Insured or any other individual or entity.

Each Policyholder and Insured understands that the directory information changes constantly as provider management/ownership changes. Texas Kids First is a referral network and is not often notified of these changes or in the event of a notification, it may take several weeks to update the website directory. Each Policyholder and Insured acknowledges that they must obtain confirmation that a provider is contracted and will honor its agreement with Texas Kids First prior to making an appointment.

We may terminate access to this information at any time if a Policyholder or Insured fails to comply with any condition of this notice.

This notice shall be construed according to the laws of the State of Texas, without regard to conflict of law principles.

CONTENT DISCLAIMER

The Content was reasonably believed to be accurate at the time it was published. While UFLIC periodically updates this website’s Content, it is subject to change without notice, and UFLIC makes no guarantee as to the timeliness or accuracy of any Content presented on this website at the time accessed. UFLIC is not responsible, and hereby disclaims liability, for any errors, omissions or availability of the Content. This website and its Content are provided on an “as is,” and “as available” basis without representation or warranty of any kind whatsoever. We reserve the right to add, remove and change information at any time, and from time to time, without notice in our sole discretion.

YOUR RESPONSIBILITY FOR SECURITY

UFLIC does not warrant that this website will operate error free or is free from viruses or other destructive or harmful code. UFLIC assumes no liability or responsibility for any damages to you, your computer, your data or other property due to your access to, use of, or downloading of Content. You are solely responsible for taking all necessary precautions, including employing current virus software, to ensure (1) the security and integrity of your computer, systems and data and (2) that any Content you access or download from this website is free of viruses or other destructive or harmful code.

DISCLAIMER OF WARRANTIES AND LIABILITY

THIS WEBSITE AND ITS CONTENT, INCLUDING, WITHOUT LIMITATION, PRODUCTS AND SERVICES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. SOME JURISDICTIONS, SUCH AS NEW JERSEY, DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE ABOVE DISCLAIMER MAY BE LIMITED BY LAW. IN NO EVENT SHALL UFLIC, ITS AFFILIATES, OR SUBSIDIARIES BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR ANY OTHER DAMAGES WHATSOEVER RESULTING FROM OR ACCOMPANYING YOUR USE OF THIS WEBSITE. THESE INCLUDE, WITHOUT LIMITATION, LOSS OF USE, DATA, REVENUES OR PROFITS, REGARDLESS OF THE TYPE OF ACTION ASSERTED, WHETHER BASED ON CONTRACT, NEGLIGENCE OR OTHER TORTIOUS CONDUCT, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS WEBSITE OR PERFORMANCE OF THIS INFORMATION. IN THE EVENT THAT CERTAIN STATES DO NOT ALLOW US TO LIMIT OR DISCLAIM LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, OUR LIABILITY TO YOU FOR ALL LOSSES, DAMAGES, INJURIES AND CLAIMS OF ANY KIND, WHETHER THE DAMAGES ARE CLAIMED IN CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, WILL BE LIMITED TO THE EXTENT REQUIRED BY SUCH LAWS.

We do not endorse the thoughts, opinions and positions of its users, and we are not responsible for statements made by third parties.

WAIVER OF INJUNCTIVE OR OTHER EQUITABLE RELIEF

YOU AGREE THAT YOU WILL NOT BE PERMITTED TO OBTAIN AN INJUNCTION OR OTHER EQUITABLE RELIEF OF ANY KIND SUCH AS ANY COURT OR OTHER ACTION THAT MAY INTERFERE WITH OR PREVENT THE DEVELOPMENT OR EXPLOITATION OF ANY WEBSITE, APPLICATION, CONTENT, SUBMISSIONS, PRODUCT, SERVICE, OR INTELLECTUAL PROPERTY OWNED, LICENSED, USED, OR CONTROLLED BY UFLIC.

INDEMNIFICATION

You agree to defend, indemnify, and hold harmless UFLIC from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys’ fees and costs) arising out of or in connection with any of the following: (i) your breach or alleged breach of these Terms; (ii) your use of the website; (iii) your violation of any laws, rules, regulations, codes, statutes, ordinances, or orders of any governmental or quasi-governmental authorities; (iv) your violation of the rights of any third party including any intellectual property, publicity, confidentiality, property, or privacy right; or (v) any misrepresentation made by you. UFLIC reserves the right to assume, at your expense, the exclusive defense and control of any matter subject to indemnification by you. You agree to cooperate with UFLIC’s defense of any claim. You will not in any event settle any claim without the prior written consent of UFLIC.

DISPUTE RESOLUTION

Jurisdiction and venue for any controversy, allegation, or claim arising out of or relating to this website’s Content or these Terms of Use (collectively, “Dispute”) shall be in Oklahoma City, Oklahoma. Each party submits to personal jurisdiction and venue in Oklahoma City, Oklahoma for any and all purposes.

UFLIC and you agree that it would be advantageous to discuss and hopefully resolve any Disputes before formal proceedings are initiated; provided, however, that UFLIC need not do so in circumstances where its claims of Intellectual Property rights are concerned (“IP Disputes,” with all other disputes referred to as “General Disputes”). The party making a claim – whether you or UFLIC – shall send a letter to the other side briefly summarizing the claim and the request for relief. If UFLIC is making a claim, the letter shall be sent, via email, to the email address listed in your UFLIC account, as applicable. If no such information exists or if such information is not current, then we have no notification or delay obligations under this section. If you are making a claim, the letter shall be sent to: 13931 Quail Pointe Drive, Oklahoma City, Oklahoma 73134. If the Dispute is not resolved within sixty (60) days after notification, the claimant may proceed to initiate proceedings as set forth in this section. Either you or UFLIC may, however, seek provisional remedies (such as preliminary injunctive relief) subject to this section before the expiration of this sixty (60)-day period.

Unless you give us notice of opt-out within five (5) business days of your first use of our products or services, addressed to: 13931 Quail Pointe Drive, Oklahoma City, Oklahoma 73134, all actions or proceedings arising in connection with, touching upon or relating to any Dispute, or the scope of the provisions of this section, shall be submitted to JAMS (www.jamsadr.com) for final and binding arbitration under its Comprehensive Arbitration Rules and Procedures if the matter in dispute is over $250,000 or under its Streamlined Arbitration Rules and Procedures if the matter in dispute is $250,000 or less, to be held in Oklahoma City, Oklahoma, before a single arbitrator. If the matter in dispute is between UFLIC and a consumer, the matter shall be submitted to JAMS in accordance with its Policy on Consumer Arbitration Pursuant to Pre-Dispute Clauses Minimum Standards of Procedural Fairness. The arbitrator shall be selected by mutual agreement of the parties or, if the parties cannot agree, then by striking from a list of arbitrators supplied by JAMS. We may have the right to pay the JAMS fees if required for arbitration to be enforceable. The arbitration shall be a confidential proceeding, closed to the general public; provided, however, that a party may disclose information relating to the arbitration proceedings to its and its affiliates’ lawyers, insurance providers, auditors and other professional advisers. The fact that there is a dispute between the parties that is the subject of arbitration shall be confidential to the same extent. The arbitrator shall issue a written opinion stating the essential findings and conclusions upon which the arbitrator’s award is based. Neither party shall be entitled or permitted to commence or maintain any action in a court of law with respect to any matter in dispute until such matter shall have been submitted to arbitration as herein provided and then only for the enforcement of the arbitrator’s award; provided, however, that prior to the appointment of the arbitrator or for remedies beyond the jurisdiction of an arbitrator, at any time, either party may seek pendente lite relief (subject to the provisions of these Terms of Use waiving or limiting that relief) in a court of competent jurisdiction in Oklahoma City, Oklahoma, or, if sought by UFLIC, such other court that may have jurisdiction over you, without thereby waiving its right to arbitration of the dispute or controversy under this section; provided further, however, that the losing party shall have fifteen (15) business days after the issuance of the arbitrator’s decision to fully comply with such decision, after which the prevailing party may enforce such decision by a petition to the District Court of Oklahoma County, Oklahoma, or, in the case of you, such other court having jurisdiction over you, which may be made ex parte, for confirmation and enforcement of the award. To the extent there are any challenges to the arbitrability of a claim, the arbitrator shall determine any and all such challenges.

AS PERMITTED BY APPLICABLE LAW, IF YOU CLAIM THAT YOU HAVE INCURRED ANY LOSS, DAMAGES, OR INJURIES IN CONNECTION WITH YOUR USE OF THE SERVICES, THEN THE LOSSES, DAMAGES, AND INJURIES WILL NOT BE DEEMED IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION OR TO OTHER EQUITABLE RELIEF OF ANY KIND. THIS MEANS (WITHOUT LIMITATION) THAT, IN CONNECTION WITH YOUR CLAIM, YOU AGREE THAT YOU WILL NOT SEEK, AND THAT YOU WILL NOT BE PERMITTED TO OBTAIN, ANY COURT OR OTHER ACTION THAT MAY INTERFERE WITH OR PREVENT THE DEVELOPMENT OR EXPLOITATION OF THE SERVICES, CONTENT, PRODUCT, OR INTELLECTUAL PROPERTY OWNED, LICENSED, USED, OR CONTROLLED BY ANY UFLIC PARTY OR A LICENSOR OF ANY UFLIC PARTY.

These Terms shall be governed by and interpreted according to the laws of the state of Oklahoma without respect to any conflict of law provisions. This section however shall be governed solely by the Federal Arbitration Act, 9 U.S.C. §1, et seq., and not by the law of any state, and is enforceable pursuant to its terms on a self-executing basis. You and UFLIC agree that we intend that this section satisfies the “writing” requirement of the Federal Arbitration Act. This section can only be amended by mutual agreement. Either party may seek enforcement of this section in any court of competent jurisdiction.

As permitted by applicable law, both you and UFLIC waive the right to bring any Dispute as a class, consolidated, representative, collective, or private attorney general action, or to participate in a class, consolidated, representative, collective, or private attorney general action regarding any Dispute brought by anyone else. Notwithstanding any provision in the JAMS Comprehensive Arbitration Rules and Procedures to the contrary, the arbitrator shall not have the authority or any jurisdiction to hear the arbitration as a class, consolidated, representative, or private attorney general action or to consolidate, join, or otherwise combine the Disputes of different persons into one proceeding. Notwithstanding the arbitration provision set forth above, if the provision regarding waiver of class, collective, representative, and private attorney general claims of this section is found to be void or otherwise unenforceable, any such class, collective, representative, or private attorney general claims must be heard and determined through an appropriate court proceeding, and not in arbitration.

AS PERMITTED BY APPLICABLE LAW, THE PARTIES HEREBY WAIVE THEIR RIGHT TO JURY TRIAL WITH RESPECT TO ALL CLAIMS AND ISSUES ARISING UNDER, IN CONNECTION WITH, TOUCHING UPON OR RELATING TO THESE TERMS, THE BREACH THEREOF AND/OR THE SCOPE OF THE PROVISIONS OF THIS SECTION, WHETHER SOUNDING IN CONTRACT OR TORT, AND INCLUDING ANY CLAIM FOR FRAUDULENT INDUCEMENT THEREOF.

Notwithstanding the foregoing, either of us may bring qualifying claims of General Dispute (but not IP Disputes) in small claims court, subject to this section.

The provisions of this section shall supersede any inconsistent provisions of any prior agreement between the parties. This section shall remain in full force and effect notwithstanding any termination of your use of our products and services or these Terms of Use.

NO WAIVER

Our failure or delay to exercise or enforce any right, remedy or provision of these Terms of Use or by law will not operate as a waiver of such or any other right, remedy or provision.

COMPLETE AGREEMENT AND SEVERABILITY

This is the entire understanding between you and us regarding the use of this website and our products and services, and supersedes all prior and contemporaneous agreements and understandings between you and us regarding this subject matter. If any provision of these Terms is held to be invalid or unenforceable, it will not affect the validity or enforceability of any other provision hereof.

UNACCEPTABLE BEHAVIOR

You agree not to use this website or the Content to:

  1. Violate any laws or regulations;
  2. Acquire or attempt to acquire unapproved access to our systems, network, servers or data;
  3. Directly or indirectly, provide information that is intimidating, abusive, harassing, offensive, hateful, or racially, ethnically or otherwise unacceptable;
  4. Supply or release viruses or any other systems code, program, file or any other content intended to disturb, terminate, or constrain the performance of our website or systems;
  5. Place information that contains solicitations or advertisements of any kind; or
  6. Copy, reprint, modify, lease, distribute, assign, sell content, license, reverse engineer or create derivative works retrieved from this website or any of the third-party websites to which this website may provide links.

AMENDING THE WEBSITE AND CONTENT SUSPENSION AND TERMINATION

We reserve the right to amend or reduce the functionality of this website or any Content on this website and/or suspend or terminate your access at any time for any reason, at our sole discretion, without prior notice.

CONTACT US

If you have questions regarding these Terms of Use, you can contact us by email at generalinq@uflic.com or by telephone at 800-366-8354, or you may write to us at 13931 Quail Pointe Drive, Oklahoma City, Oklahoma 73134.



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