Terms of service

 

Last Updated: Oct. 20, 2025

SFM Mutual Insurance Company and its affiliates, including CompRehab, Inc. and SFM Risk Solutions, Inc. (collectively, “SFM,” “we,” “us,” or “our“) provide the websites at www.sfmic.com, www.comprehab.com, www.superiorpoint.com, and their successor URLs (collectively, the “Websites“), and associated web apps and online services (each, a “Service,” and collectively, the “Services“). Your access and use of any the Websites and the Services are governed by the terms and conditions contained in these Terms of Service (these “TOS”).

NOTICE REGARDING DISPUTE RESOLUTION AND WAIVER OF JURY TRIAL AND CLASS ACTIONS: THESE TOS CONTAIN PROVISIONS THAT GOVERN HOW CLAIMS YOU AND SFM HAVE AGAINST EACH OTHER ARE RESOLVED AND REQUIRE YOU TO SUBMIT CLAIMS YOU HAVE AGAINST SFM TO BINDING INDIVIDUAL ARBITRATION. THESE PROVISIONS INCLUDE YOUR AND SFM’S WAIVER OF THE RIGHT TO A JURY TRIAL AND RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT.

Because these TOS contains legal obligations, please read these TOS carefully.  Please print a copy of these TOS for your records. It is important that you read carefully and understand the terms and conditions of these TOS.  By accessing or using any part of the Websites and Services, whether or not you have one or more accounts with us, you agree to be bound by these TOS.  If you do not agree to these TOS, you will not have the right to access or use any part of the Websites or Services.

You represent that: (1) if you are entering into these TOS on behalf of your employer, or any other entity or person, you are duly authorized by your employer, such other entity or such person to enter into these TOS which will be binding upon both you individually and such employer, other entity or person (and “you” and “your” as used in these TOS shall refer to such employer, entity or person), (2) you are of the legal age to form a binding contract with us, and (3) you are not a person barred from subscribing, using or accessing the Websites and Services under the laws of the United States or any other applicable jurisdiction.  We may verify such employer, entity, or other person and may require further details and authentication regarding the employer, entity, or other person. Unless a such employer, entity, or other person has duly authorized and accepted these TOS, you will individually be deemed to enter into these TOS and will be personally liable for all applicable obligations hereunder.

1. Acceptance of TOS; Changes to TOS; Additional Terms and Policies. The Websites and Services are made available by us subject to these   We reserve the right to update or make changes to these TOS from time to time in our sole discretion, and we may notify you of changes by any reasonable means, including without limitation, by posting the revised version of these TOS on the Websites.  You can determine when these TOS was last revised by referring to the “Last Updated” legend at the top of these TOS.  Please return to these TOS to ensure familiarity with the most current version of these TOS.  Your continued access or use of the Websites and Services after any changes to these TOS have been posted shall constitute your agreement and consent to such changes. Certain Services may have additional terms and policies (“Additional Terms”) that apply to such Services, whether such Additional Terms are posted on the Websites next to the listing or description of Services or whether such Additional Terms are contained in a separate agreement between you and us. If there are any conflicts between these TOS and such Additional Terms, the Additional Terms govern only with respect to the specific Services to which they apply.

2. Services. We provide workers’ compensation insurance and insurance-related products and services. You may interact with the Websites and Services in one or more roles, including without limitation as an employer, certificate holder, policyholder, worker, care provider, biller of care provider, and/or agent of one or more of the foregoing. You may establish one or more accounts with us, depending on the specific services for which you are registered.

3. Privacy Policy. Please see our Privacy Policy for more information about the information that we collect about you and how we can use, disclose, and protect such information, and your choices regarding it.  Any information that you provide to us in accessing and using the Websites and Services, including when you register for one or more accounts and when you transmit Materials (as defined in Section 5.1) to us, are governed by our Privacy Policy.  Please read our Privacy Policy These TOS incorporate by reference the terms and conditions of the Privacy Policy then in effect.  Notwithstanding anything in our Privacy Policy or these TOS, you understand and agree that the Websites and Services use the Internet and third party networks which are not secure, and we cannot guarantee that any transmission made by you in using the Websites and Services is or will be secure.

4. Registration; Responsibility for Your Account.

4.1 Registration. To access certain parts of the Websites and Services, you will be required to set up an account by registering with us.  You agree to (a) provide true, accurate, current, and complete information about yourself, including but not limited to your contact information, every time you provide information to us, and (b) maintain and promptly update such information to keep it true, accurate, current, and complete.  You acknowledge that, if any information provided by you is untrue, inaccurate, not current, or incomplete, we reserve the right to immediately terminate these TOS, use of the Websites, Services, and/or your account.

4.2 Responsibility for Your Account. Your account is for your individual use only, and not for use by any other person.  You will be responsible for maintaining the confidentiality of your login credentials that you use to access your account (“Login Credentials”) when accessing and using the applicable Websites and Services and agree not to transfer, share, or disclose your Login Credentials, or otherwise transfer, share, or resell your access to the Websites and Services, to any third party.  You agree to immediately notify us in writing of any unauthorized disclosure or use of your Login Credentials or account, or any other breach of security or other security incident related to your account.  We are not liable for any loss or damage arising from your failure to comply with any of the foregoing obligations.  You are entirely responsible for all activities TAKING PLACE through your account, whether or not you are the individual who undertakes such activities.

5. Authorization to Transmit Personal Information; Materials.

5.1 Definitions. As used herein, “Materials” means data, information, images, photographs, audio files, video files, records, documents, forms, files, and any other materials that you enter, upload, or transmit through the use of any Website or Service or otherwise provide to us, including via email or facsimile transmission, in connection with your account with us; and “Personal Information” means any information that may be considered “personal information” or “personal data” under applicable privacy and/or data security law.

5.2 Authorization to Provide Personal Information. You represent, warrant, and agree that: (a) you have and will continue to comply with applicable law (including the laws of any of the territories of the natural person to whom Personal Information relates whose Personal Information is included in the Materials provided by you) in providing and/or transmitting (or enabling or permitting the transmission of) any Personal Information to us, and (b) prior to providing and/or transmitting (or enabling or permitting the transmission of) any Personal Information to us, you have obtained from each such natural person or other applicable party all applicable consents, permissions, and approvals required for the provision and transmission of the Personal Information to us and for the grant of the licenses to us as described in Section 4.

5.3 Representations and Warranties for Materials. You certify, represent, and warrant to us that all Materials that you enter, upload, or transmit through the use of the Websites and Services or otherwise provide to us, including via email or facsimile transmission, is true, accurate, current, and complete and that you will promptly update any such Materials to keep them true, accurate, current, and complete.

5.4 License to Use Materials. You hereby grant to us a worldwide, non-exclusive, non-transferable, royalty-free, fully paid-up, perpetual, sublicenseable right and license to use, publish, display, perform, exhibit, modify, reproduce, distribute, make available, and otherwise exploit your Materials, in any media now known or developed in the future in connection with the provision of the Websites and Services. You hereby agree to waive and not to assert any “moral” rights with respect to any Materials you provide to us.  You represent and warrant that you are the exclusive owner of the Materials or have all rights and licenses necessary to grant the rights to the Materials that you have granted to us in these TOS.

6. Suspension, Termination. and Changes to the Websites, Services, and Your Account. We reserve the right, at any time and from time to time, temporarily or permanently, in whole or in part, to modify, terminate, suspend, or discontinue the Websites and Services, and/or terminate, suspend, or delete your account, with or without notice to you, unless otherwise set forth in Additional Terms applicable to a specific Service.  You agree that: (a) we shall not be liable to you or to any third party for any modification, termination, suspension, or discontinuance of the Websites and Services, in whole or in part, and (b) your continued use of the Websites and Services after any changes to the Websites and Services have been implemented will be deemed your acceptance of such changes.  Upon suspension, termination, or deletion of your account, you may no longer have access to Materials, information, messages, or other features that may have value to you that is associated with your account. We may immediately suspend your access to the Websites, Services, and your account in the event we determine that you have violated these TOS or any applicable Additional Terms or that your continued access to or use of the Websites, Services, and/or account may expose us or others to any harm or liability.

7. Code of Conduct. In accessing and using the Websites and Services, you agree to abide by the following rules, restrictions, and limitations:

• You will not modify, adapt, or alter the Websites or Services; or disassemble, decompile, translate, reverse engineer, or otherwise attempt to discover the source code or structure, sequence and organization of the Websites and/or Services, or, except where the foregoing is permitted by applicable law notwithstanding such restrictions, and then only to the extent that such intended activities are disclosed in advance in writing to us.
• You will not disseminate or transmit viruses, worms, Trojan horses, keyboard loggers, time bombs, spyware, adware, cancelbots, passive collection mechanisms, or any other malicious or invasive code or program, or upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear gifs, pixels, web bugs, cookies, or other similar devices.
• You will not use the Websites or Services in any manner that could damage, disable, overburden, impair, or otherwise interfere with or disrupt the Websites, Services, or any networks or security systems of us or our service providers, or otherwise interfere with other users’ use of the Websites and Services.
• You will not interfere with or circumvent any security feature or any feature that restricts or enforces limitations on the use of, or access to, the Websites and Services.
• You will not use any data mining software, robots, spiders, or similar data gathering and extraction tools to retrieve, index, “scrape,” “data mine,” or in any way gather content or data from the Websites or Services, or otherwise circumvent the navigational structure or presentation of the Websites and Services.
• You will not probe, scan, or test the vulnerability of any system or network, or breach or circumvent any security or authentication measures of the Websites and Services.
• You will not use any of the Websites or Services to violate the security of any computer network or to transfer or store illegal material.
• You will not transmit any offensive Materials based on a person’s age, color, race, national origin, gender identity, sexual preference, or disability; or include any unlawful, hateful, racist, libelous, defamatory, profane, obscene, indecent, pornographic, sexual, or otherwise objectionable content or language in your Materials.
• You will not violate the intellectual property rights of another user or other third party.
• You will not defame, libel, ridicule, mock, disparage, threaten, harass, intimidate, or abuse another user or other third party or violate any rights of another user or other third party.
• You will not create or transmit unwanted electronic communications such as “spam” to other users of the Websites and Services.
• You will not attempt to impersonate another person.
• You will comply with all applicable laws in your access and use of the Websites and Services, including the laws of your country if you live outside of the United States.

8. License to Access and Use the Websites and Services. Subject to your compliance with these TOS and any applicable Additional Terms, and solely for so long as you are permitted by us to access and use the Websites, Services, and your account, if any, in our sole discretion, we grant to you a limited, revocable, non-exclusive, non-transferable right to access and use the Websites and Services (including your account, if any) for your individual personal or business use only.  Unless expressly granted to you in these TOS, we and our licensors reserve and retain all rights related to the Websites and Services (including all intellectual property rights related thereto).  You are solely liable and responsible for complying with all applicable laws and regulations which govern your access and use of the Websites and Services.

9. Links to Third Party Sites. The Websites and Services may contain links to web sites or services controlled or offered by third parties who are not affiliates of us. The links are only provided as a convenience, and we do not endorse or recommend any products or services offered by or information contained in any of these third party sites or services. We hereby disclaim all liability for all information, materials, products, or services posted, offered, or that may be accessed at any of the third party sites or services linked to the Websites or Services. We make no representation regarding the quality of any product or service offered or provided on any such third party site or service or the security or privacy practices of any such third party site or service, and we hereby disclaim all liability arising from any product or service offered or provided on any such third party site or service.

10. Ownership.

10.1 Your materials. Subject to the license you granted to us in Section 4, as between you and us, you shall own and retain all right, title, and interest (including all intellectual property rights) in and to your Materials.

10.2 Our Platform and Technology. We (and our licensors) shall own and retain all right, title, and interest (including all intellectual property rights) in and to the Websites and Services (including each component thereof), including all materials (other than your Materials) and content appearing therein.  We shall also own and retain any and all metadata related to your Materials generated by the Websites, Services, and our systems. The Websites, Services, and their underlying technology and software are and shall remain the exclusive property of us and our licensors and suppliers, and are protected by copyright, trademark, patent, and/or other proprietary rights and laws.  All trademarks and service marks appearing within the Websites and Services not owned by us are the property of their respective owners.  The trade names, trademarks and service marks owned by us, whether registered or unregistered, may not be used without our written consent or in any manner that is likely to cause confusion.

11. Disclaimers of Warranties; Limitation of Liability.

11.1 Disclaimers. THE WEBSITES AND SERVICES ARE PROVIDED TO YOU “AS IS” AND YOUR USE THEREOF IS AT YOUR SOLE RISK.  WE DO NOT WARRANT THAT: (A) THE WEBSITES OR SERVICES (OR THE RESULTS OBTAINED FROM THE USE THEREOF) WILL BE TIMELY, ERROR-FREE, SECURE, OR UNINTERRUPTED; (B) THE WEBSITES OR SERVICES WILL MEET YOUR REQUIREMENTS; OR (C) ANY ERRORS OR MALFUNCTIONS IN THE WEBSITES OR SERVICES WILL BE CORRECTED.  YOU AGREE THAT YOU MUST EVALUATE, AND THAT YOU BEAR ALL RISKS ASSOCIATED WITH, THE USE OF THE WEBSITES AND SERVICES, INCLUDING WITHOUT LIMITATION, INTERRUPTIONS, DELAYS AND FAILURES OF THE WEBSITES AND SERVICES.  WE: (I) DISCLAIM ANY AND ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFATORY QUALITY, NONINFRINGEMENT, AND TITLE WITH RESPECT TO THE WEBSITES AND SERVICES, TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, AND (II) SHALL NOT BE LIABLE IN THE EVENT OF ANY UNAUTHORIZED ACCESS TO OR USE OF THE WEBSITES OR SERVICES OR ANY PERSONAL INFORMATION, FINANCIAL INFORMATION, AND/OR HEALTH INFORMATION TRANSMITTED THROUGH THE WEBSITES OR SERVICES,  ANY INTERRUPTION, SUSPENSION, OR CESSATION OF ACCESS TO THE WEBSITES OR SERVICES, ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED THROUGH THE WEBSITES OR SERVICES BY ANY THIRD PARTY, AND ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY MATERIALS OR CONTENT POSTED, DOWNLOADED, UPLOADED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE WEBSITES OR SERVICES.

11.2 Limitation of Liability. WE WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES OF ANY KIND, UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY, TORT, OR OTHER THEORY, INCLUDING WITHOUT LIMITATION, DAMAGES FOR COST OF SUBSTITUTE PROCUREMENT, LOSS OF PROFITS, LOSS OF USE, LOSS OF DATA, LOSS OF OTHER INTANGIBLES, LOSS OF SECURITY OF INFORMATION AND MATERIALS YOU HAVE PROVIDED IN CONNECTION WITH YOUR USE OF THE WEBSITES AND SERVICES, OR UNAUTHORIZED INTERCEPTION OF ANY SUCH INFORMATION AND MATERIALS BY THIRD PARTIES, OR COST OF RECOVERY OR OTHER DAMAGES, EVEN IF ADVISED IN ADVANCE OF SUCH DAMAGES OR LOSSES.  IN PARTICULAR, AND WITHOUT LIMITATION, WE WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND RESULTING FROM YOUR USE OF OR INABILITY TO USE THE WEBSITES AND services, OR YOUR ABILITY TO ACCESS YOUR ACCOUNT, OR FROM ANY AND ALL CONTENT, MATERIALS, PRODUCTS, AND SERVICES TRANSMITTED OR OTHERWISE MADE AVAILABLE THROUGH THE WEBSITES AND SERVICES. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE WEBSITES AND services IS TO STOP USING THE WEBSITES AND Services.  UNDER NO CIRCUMSTANCES SHALL WE BE HELD LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE RESULTING DIRECTLY OR INDIRECTLY FROM ANY CAUSES BEYOND OUR REASONABLE CONTROL, INCLUDING WITHOUT LIMITATION, INTERNET OR OTHER NETWORK (including without limitation phone network or other telecommunications network) FAILURES OR “BROWNOUTS”, COMPUTER EQUIPMENT FAILURES, TELECOMMUNICATION EQUIPMENT FAILURES, OTHER EQUIPMENT FAILURES, ELECTRICAL POWER FAILURES, STRIKES, LABOR DISPUTES, RIOTS, INSURRECTIONS, CIVIL DISTURBANCES, SHORTAGES OF LABOR OR MATERIALS, FIRES, FLOODS, STORMS, EXPLOSIONS, ACTS OF GOD, WAR, PANDEMICS, GOVERNMENTAL ACTIONS, ORDERS OF UNITED STATES OR FOREIGN COURTS OR TRIBUNALS, NON-PERFORMANCE OF THIRD PARTIES, OR LOSS OF OR FLUCTUATIONS IN HEAT, LIGHT, OR AIR CONDITIONING.  NOTWITHSTANDING ANYTHING ELSE IN THESE TOS, OUR AGGREGATE LIABILITY ARISING OUT OF OR RELATING IN ANY WAY TO THESE TOS AND/OR THE WEBSITES AND SERVICES, UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY, INDEMNIFICATION, TORT, OR OTHER THEORY, SHALL NOT EXCEED THE FEES ACTUALLY PAID BY YOU TO US DURING THE SIX (6) MONTH PERIOD PRECEDING THE DATE ON WHICH WE RECEIVE NOTICE OF A CLAIM FROM YOU.

11.3 Jurisdictional Limitations. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU.

12. Term and Termination. These TOS are effective on the date you use or access any portion of the Websites and Services until such access or use is terminated by you or us.  We, in our sole discretion, may terminate these TOS and your access or use of any Website and Service (or any portion(s) of any Website and Service), or suspend your access or use of any Website and Service for any reason, with or without notice to you.  You may terminate these TOS by ceasing to access or use the Websites and Services.  Upon any termination of these TOS, your right to access or use the Websites and Services will immediately cease and terminate. You agree that we shall not be liable to you or any third party for any termination of these TOS, whether by you or us, and for any resulting termination or cancellation of any of the Websites and/or Services.  Upon any termination of these TOS, Sections 1, 3, 4.2, 5, 6, 9, 10, 11, 12, 13, 14, 16, 17, 18, 19, 20, 21, 22, and 23 shall survive.

13. Governing Law; Dispute Resolution. The dispute resolution process in this Section 13, including obligation to arbitrate, shall apply to any claims, demands, losses, actions, disputes or controversies between you and SFM, arising out of or relating in any way to these TOS, the Websites, the Services, any Communications (as defined in Section 20.1) sent or received in relation to SFM, your relationship with SFM, insurance-related claims submitted to SFM, and any other dispute you may have with SFM, including claims that arose before the existence of this or any prior agreement between you and SFM (collectively, “Dispute”). A Dispute may include, without limitation, the interpretation, construction, coverage, scope, performance, non-performance, breach, termination, validity, or enforceability of these TOS, claims brought in tort, under state or federal statute or regulation, or common law.

13.1 Governing Law. These TOS and all matters arising out of or relating to these TOS, the Websites, or the Services will be governed by the internal laws of the State of Minnesota, United States, without giving effect to any choice of law rule that would cause the application of the laws of any jurisdiction other than the internal laws of the State of Minnesota to the rights and duties of us and you. These TOS will not be governed by the United Nations Convention on Contracts for the International Sales of Goods, the application of which is expressly excluded.

13.2 WAIVER OF JURY TRIAL. WITH RESPECT TO THESE TOS AND ALL MATTERS ARISING OUT OF OR RLATED TO THESE TOS, YOU ARE GIVING UP YOUR RIGHT TO HAVE A TRIAL BY JURY; AND YOU ARE GIVING UP YOUR RIGHT TO SERVE AS A REPRESENTATIVE, AS A PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY, OR TO PARTICIPATE AS A REGISTERED USER OF A CLASS OF CLAIMANTS, IN ANY LAWSUIT INVOLVING ANY SUCH MATTERS.

13.3 Good Faith Efforts to Resolve Dispute. In the event that any Dispute arises between you and SFM, you and SFM will make bona fide efforts to settle such Dispute amicably by good faith consultation and discussions. If you believe you have a Dispute with SFM, please contact SFM Legal Department by email at sfm_legal@sfmic.com, including a reasonable description of the Dispute and a proposed resolution of it, so SFM can try to resolve your concerns. SFM will likewise contact you by email or other available contact information if it believes it has a Dispute with you. For a period of sixty (60) days from the date of receipt of notice from the other party, SFM and you will engage in a dialogue directly through consultation and good faith negotiations in order to attempt to resolve the Dispute, though nothing will require either you or SFM to resolve the Dispute on terms with respect to which you and SFM are not comfortable. Most concerns may be quickly resolved in this manner. Participation in this informal dispute resolution process—during which any applicable statute of limitations or filing fee deadline will be tolled—shall be a precondition to either you or SFM initiating a lawsuit or arbitration. Any Dispute that is not resolved through informal resolution shall be submitted to binding arbitration or small claims court as provided below.

13.4 BINDING ARBITRATION. If you and we are unable to resolve such Dispute after good faith consultation and discussions for sixty (60) calendar days, ANY AND ALL DISPUTES ARISING BETWEEN YOU AND SFM (WHETHER BASED IN CONTRACT, TORT, STATUTE, REGULATION, OR ANY OTHER LEGAL OR EQUITABLE THEORY), WHETHER ARISING BEFORE OR AFTER THE EFFECTIVE DATE OF THESE TOS, MUST BE RESOLVED BY FINAL AND BINDING INDIVIDUAL ARBITRATION OR IN SMALL CLAIMS COURT in Hennepin County, in the State of Minnesota, or in small claims court in your county of residence.

BY AGREEING TO ARBITRATE, EACH OF YOU AND SFM IS GIVING UP ITS RIGHT TO GO TO COURT (OTHER THAN SMALL CLAIMS COURT) AND HAVE ANY DISPUTE HEARD BY A JUDGE OR JURY.

Any Dispute will be resolved solely by binding individual arbitration before the American Arbitration Association (“AAA”) using AAA’s then-current Consumer Arbitration Rules. You can obtain AAA procedures, rules, and fee information by calling 800.778.7879 or visiting http://www.adr.org. The arbitration will be conducted by a single arbitrator who shall be a retired state or federal court judge and who shall apply and be bound by these TOS. The arbitrator must be neutral and the parties will each have a reasonable opportunity to participate in the process of choosing the arbitrator. Remedies that would otherwise be available to the parties under applicable federal, state or local laws remain available under this arbitration clause. The arbitrator will determine any Dispute according to applicable law and facts based upon the record and no other basis and will issue a written statement of the essential findings and conclusions on which the award is based for each claim asserted. All issues are for the arbitrator to decide, including issues of arbitrability of any Dispute, except that issues relating to whether the parties have entered a valid agreement to arbitrate are for the court to decide. To provide the most efficient resolution process, arbitration hearings may be conducted via electronic or telephonic means or by a submission of documents in lieu of a personal appearance by the parties. However the arbitrator shall have discretionary authority to require a face-to-face meeting if the arbitrator determines that such a meeting is necessary for a fundamentally fair hearing. The in-person hearing shall take place in your county of residence or some other location that is convenient for you.

13.5 No Class Action or Mass Arbitration Matters. THE PARTIES HERETO FURTHER AGREE THAT ANY ARBITRATION SHALL BE CONDUCTED IN THEIR INDIVIDUAL CAPACITIES ONLY AND NOT AS A CLASS ACTION OR OTHER REPRESENTATIVE ACTION, AND THE PARTIES HERETO EXPRESSLY WAIVE THEIR RIGHT TO FILE A CLASS ACTION, PARTICIPATE IN A CLASS ACTION, OR SEEK RELIEF ON A MASS OR CLASS BASIS. Disputes will be arbitrated only on an individual basis and will not be joined or consolidated with any other arbitrations or other proceedings that involve any claim or controversy of any other party. There shall be no right or authority for any Dispute to be arbitrated on a class action basis or on any basis involving Disputes brought in a purported representative capacity on behalf of the general public, or other persons or entities similarly situated. There shall be no right or authority for any Dispute to be arbitrated on a mass or class action basis or on any basis involving Disputes brought in a purported representative capacity on behalf of the general public, or other persons or entities similarly situated.  But if, for any reason, any court with competent jurisdiction holds that this restriction is unconscionable or unenforceable, then our agreement to arbitrate will not apply and the Dispute must be brought exclusively in court pursuant to the provisions of Section 13.11 below. The arbitrator does not have the power to vary these class action waiver provisions.

13.6 Arbitration Fees. If you initiate the arbitration, you will be responsible for paying the initial arbitration fee. All other costs of the arbitration will be borne by SFM. You will be responsible for your own attorney fees and expenses unless the arbitration rules or applicable law permit you to recover your attorneys’ fees. You will not be required to pay any fees or costs incurred by SFM if you do not prevail in arbitration, unless the arbitrator determines that the claim was brought in bad faith, in which case the arbitrator may award SFM attorney’s fees, expert witness fees, arbitration-related fees and/or costs. If SFM initiates an arbitration against you, SFM will pay all costs associated with the arbitration (other than your attorneys’ fees and expenses unless permitted to be recovered under the arbitration rules or applicable law).

13.7 Injunctive Relief. The foregoing provisions of this dispute resolution process will not apply to any legal action taken by SFM to seek an injunction or other equitable relief in connection with, any loss, cost, or damage (or any potential loss, cost, or damage) relating to or arising out of the Communications (as defined in Section 20.1), SFM’s intellectual property rights, SFM’s operations, or SFM’s products or services.

13.8 Small Claims Matters are Excluded from Arbitration Requirement. Notwithstanding the foregoing, either of us may bring a qualifying Dispute in a small claims court of competent jurisdiction.

13.9 30-Day Right to Opt Out. You have the right to opt out and not be bound by the arbitration and class action waiver provisions set forth above by sending written notice of your decision to opt out to the following address via certified mail: SFM Companies, PO Box 9416, Minneapolis, MN 55440, Attention: Legal Department. The notice must be sent within thirty (30) days after the date you first agreed to these TOS, otherwise you shall be bound to arbitrate disputes in accordance with the terms of those Sections. If you opt out of these arbitration provisions, SFM also will not be bound by them.

13.10 Time Limitations to Bring Claims Against Us. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IF YOU OR WE WANT TO ASSERT A DISPUTE AGAINST THE OTHER, THEN YOU OR WE MUST COMMENCE IT (BY DELIVERY OF WRITTEN NOTICE AS SET FORTH IN SECTION 13.3 ABOVE) WITHIN ONE (1) YEAR AFTER THE DISPUTE ARISES — OR IT WILL BE FOREVER BARRED.  Commencing means, as applicable: (a) by delivery of written notice as set forth above in Section 13.3 above; (b) filing for arbitration as set forth in Section 13.4 above; or (c) filing an action in small claims court.

13.11 Jurisdictional Issues. Except where arbitration is required above or with respect to the enforcement of any arbitration decision or award, any action or proceeding relating to any Dispute arising hereunder may only be instituted in state or federal court in Minnesota. You and SFM consent to the exclusive personal jurisdiction and venue of such courts for such matters.

Indemnity. You agree to defend, indemnify and hold harmless us, our employees, officers, directors, shareholders, affiliates, agents, representatives, licensors, suppliers, vendors, and service providers, from and against all claims, losses, costs, and expenses (including attorneys fees) arising out of: (a) your and any third party’s use of, or activities in connection with, the Websites and Services; or (b) any violation of these TOS by you.

15. Compliance with Applicable Law. In using the Websites and Services, you agree to comply with all applicable federal, state, local, and international laws and regulations, including export and import laws, regulations, orders or other restrictions administered by the United States Commerce Department’s Bureau of Export Administration, the United States Department of Treasury’s Office of Foreign Assets Control, or any other applicable government agency.  You understand that use of the Websites and Services, and transfer, posting, and uploading of software, technology, and other technical data via the Websites and Services may be subject to the export and import laws of the United States and other countries.

16. Claims of Copyright Infringement.

16.1 DMCA. The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under United States copyright law.  If you believe in good faith that materials transmitted through the Websites or Services infringe your copyright, you (or your agent) may send us a notification requesting that we remove the material or block access to it (“Notice”). Please provide the following information: (a) a electronic or physical signature of the owner (or person authorized to act on behalf of the owner) of the copyrighted work; (b) a description of the copyrighted work that you claim has been infringed upon or, if multiple copyrighted works are covered by a single Notice, a representative list of such works, and sufficient information for us to locate such copyrighted work(s); (c) a description of the material on the Websites or the Services 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 such material; (d) your address, telephone number, and email address; (e) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (f) a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

16.2 Counter-notifications. If you believe that material you have posted to the Websites and Services was removed or disabled as a result of mistake or misidentification, you may file a counter notification (“Counter-Notice”). Notices and Counter-Notices must meet the then-current statutory requirements imposed by the DMCA.

16.3 Notices and Counter-Notices. Notices and Counter-Notices should be sent to SFM via email at sfm_legal@sfmic.com or via postal mail at SFM Companies, PO Box 9416, Minneapolis, MN 55440, Attention: Legal Department – Copyright Agent. Please reference “DMCA Notice” or “DMCA Counter-Notice” in your communication to us.

16.4 Termination of Account. We shall have the right to suspend, terminate, or disconnect all Websites or Services for any account engaged in suspected repeated copyright infringement.  We shall have the right to transmit the Notice to the user of the Websites or Services transmitting or receiving the allegedly infringing material, and to transmit any Counter-Notice to the complaining party.

17. Entire Agreement; Amendments; Waiver. These TOS (which incorporate by reference our Privacy Policy) constitutes the entire agreement between you and us relating to any and all access and use of the Websites and Services (or portion(s) thereof) and supersedes any and all prior or contemporaneous written or oral agreements between you and us relating to the Websites and Services. No amendment or waiver of these TOS will be binding on us unless set forth in a writing expressly identifying these TOS and signed by an officer of us and you. Either your or our failure to exercise any right or provision of these TOS shall not constitute a waiver of such right or provision.

18. Severability. If any provision of these TOS is found to be unlawful, void, or for any reason unenforceable, that provision will be deemed severable from these TOS and will not affect the validity and enforceability of any remaining provision.

19. Notices. You authorize us to send you notices and information regarding the Websites and Services via email to the most current email address we have in our systems for you.  You agree that such notice will be deemed sufficient notice, and you waive any rights to assert failure of notice.  You agree that these TOS and all notices provided to you may be sent in electronic form. The Websites and Services may also provide notices of changes to these TOS or other matters by displaying such notices or by providing links to such notices.  Without limitation, you agree that a printed version of these TOS and of any notice given in electronic form shall be admissible in arbitration, judicial, or administrative proceedings based upon or relating to these TOS to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

20. Communications.

20.1 Consent. You acknowledge that by voluntarily providing your telephone number(s), you expressly agree to receive informational and/or marketing contacts, which may include phone calls, voicemails, text messages (such as SMS, MMS, RCS, and messages sent using successor technologies) (collectively, “Communications”). This includes, but is not limited to, Communications made using an autodialer, artificial or prerecorded voice, and/or any other automated system or method. These Communications may include information about your account, your claim(s) and/or insurance policies, and/or your relationship with SFM. You understand that you do not have to agree to receive automated marketing Communications as a condition of purchasing any insurance policies or filing claims. You acknowledge that Communications may be sent to your telephone number(s) even if your telephone number(s) is registered on any state or federal Do Not Call list. You agree to receive Communications from or on behalf of SFM, even if you terminate your relationship with us, except if you opt-out. You can stop receiving automated and/or telemarketing Communications at any time by following the Opt-Out Instructions below. For help, text HELP in response to any text message from us or contact SFM Legal Department at sfm_legal@sfmic.com. Standard text messaging and data rates may apply through your service provider. Text message frequency may vary.

20.2 Telephone Numbers and Other Contact Information. You verify that any telephone number you provide to SFM is true and accurate and that you are the current subscriber or owner of such telephone number. You are strictly prohibited from providing a telephone number that is not your own.  If we discover that any information, including your telephone number, that you provide to us is false or inaccurate, we may suspend or terminate your access to the Websites and the Services and/or discontinue any Communications and/or text message enrollments at any time.  Should any of your contact information change, including ownership of your telephone numbers, you agree to immediately notify us before the change goes into effect by texting STOP to any text message you receive from us or contacting SFM Legal Department at sfm_legal@sfmic.com. If you represent to SFM that a telephone number is a business number (including any numbers categorized as company or work numbers), you acknowledge and agree that the representation is factual and that the number will be treated as a business number for all purposes.

20.3 Opt-Out Instructions. Your consent to receive automated and/or marketing Communications is completely voluntary. You may opt-out at any time by contacting SFM Legal Department at sfm_legal@sfmic.com, providing your name and telephone number and specifying that you want to opt out of automated Communications.  You may also reply “STOP” to any text message you receive from us. When opting out by text message, you acknowledge and agree to accept a final text message confirming your opt-out; this message may also seek to clarify the scope of your opt-out.  It is your sole responsibility to notify us if you no longer want to receive Communications. You waive any rights to bring claims for unauthorized or undesired Communications by failing to opt-out.  Please note that even if you opt-out of automated Communications, we reserve the right to make non-automated Communications to you. However, note that you may not receive wanted Communications regarding your claim(s) if you opt-out of Communications. It is possible that third parties may have your contact information and you may continue to receive communications from these third parties despite an opt out request. We are not responsible for unwanted contact from third parties. Please contact third parties directly to inform them of your communication preferences.

20.4 Call Recording and Monitoring. You acknowledge that all Communications, including telephone calls, voicemails, and text messages to, from or through SFM, may be monitored and recorded and you consent to such monitoring and recording.

20.5 Fees and Charges. There is no fee to receive automated text messages from SFM. However, you may incur a charge for these text messages from your telephone carrier or service provider, which is your sole responsibility. Message and data rates may apply. Check your telephone plan and contact your carrier for details. You represent and warrant that you are authorized to incur such charges and acknowledge that SFM is not responsible for such charges. Your obligations under this provision will survive termination of these TOS.

20.6 Unauthorized Use of Your Telephone Device. You must notify us immediately of any breach of security, security incident, or unauthorized use of your telephone device. Although we, our affiliates, agents, representatives, licensors, suppliers, vendors, and service providers will not be liable for losses caused by any unauthorized use of your telephone device, you may be liable for the losses of SFM or others due to such unauthorized use.

20.7 Your Indemnification to Us. You agree to indemnify SFM for any privacy, tort or other claims, including claims under the federal Telephone Consumer Protection Act or any state law equivalents, relating to your voluntary provision of a telephone number that is not owned by you and/or your failure to notify us of any changes in your contact information, including telephone number. You agree to indemnify, defend and hold us harmless from and against any and all such claims, losses, liability, costs and expenses (including reasonable attorneys’ fees). SFM shall have the exclusive right to choose counsel, at your expense, to defend any such claims. Your obligations under this Section will survive expiration or termination of these TOS.

20.8 Release of Claims. In consideration of the services provided by SFM, you hereby release SFM from any and all claims, causes of action, lawsuits, injuries, damages, losses, liabilities or other harms resulting from or relating to Communications, including any claims, causes of action, or lawsuits based on any alleged violations of the law (including, without limitation, the Telephone Consumer Protection Act, Truth in Caller ID Act, Telemarketing Sales Rule, Fair Debt Collection Practices Act, or any similar state and local acts or statutes, and any federal or state tort or consumer protection laws).

20.9 General. You are responsible for obtaining and maintaining all telephone devices and other equipment and software, and all internet service provider, mobile service, and other services needed to receive Communications. Text messages may only be available to customers of select carriers with compatible handsets.

21. Assignment. You may not assign, transfer or sublicense any or all of your rights or obligations under these TOS without our express prior written consent. We may assign, transfer, or sublicense any or all of our rights or obligations under these TOS, or relating to the Websites and Services, without restriction. For purposes of clarity, you may not transfer for your account to any third party.

22. No Third Party Beneficiaries. Nothing in these TOS will be construed to confer upon any third party other than the parties hereto any third party beneficiary right of action whatsoever.

23. English Language; Captions and Headings. Only the most current English language version of these TOS is binding. In the event of inconsistency or discrepancy between the English language version and any other language version of these TOS, the most current English language version shall control and prevail. Any caption, heading, or section title contained herein is inserted only as a matter of convenience, and in no way defines or explains any section or provision hereof.

24. Contact Us. If you have any questions regarding the meaning of application of these TOS, please direct such questions to us via email at sfm_legal@sfmic.com or via postal mail at SFM Companies, PO Box 9416, Minneapolis, MN 55440, Attention: Legal Department. Please note that email communications will not necessarily be secure; accordingly you should not include sensitive information in your email correspondence with us.

All rights reserved.