Terms of Use

1. Who we are

Selective Inbounds is operated by AmeriCare Benefits Group LLC, doing business as Selective Inbounds ("Company", "we", "us", "our"). These Terms of Use ("Terms") apply to the Selective Inbounds websites, including selectiveinbounds.com, and to the Selective Inbounds platform at calls.americarebenefit.com (together, the "Service").

These are general terms for using the Service. They are not the agreement under which calls are bought or sold.

2. Accepting these Terms

If you browse the public website, these Terms set out the rules for that use, including our intellectual property rights and the limits on what you may do with the site.

You agree to these Terms by taking an affirmative step, such as submitting an application or other form, creating an account, signing in to the platform, or otherwise accepting them where they are presented to you. Where an application or account flow presents these Terms and our Privacy Policy by conspicuous link, taking that step is your agreement to them.

3. Which agreement controls

These Terms govern general use of the Service. If you enter into a separate written or electronic agreement with Company for a specific service or transaction, that agreement controls to the extent of any conflict about the subject matter it covers. Examples include a Per-Call Billing Agreement, accepted Campaign specific terms, a Publisher Agreement, an Insertion Order, an Affiliate Agreement, or another specifically executed commercial agreement.

For Buyers purchasing calls, the Per-Call Billing Agreement and any accepted Campaign terms control pricing, Qualified Call criteria, Billing Thresholds, payment authorization, billing disputes and other call purchase commercial terms. Those terms are not reproduced here and are not changed by this page.

4. Who may use the Service

Anyone may read the public website. To use the Service you must be at least 18 and legally able to enter into any agreement that applies to your use.

Participating in Selective Inbounds commercial services is different from reading the website. If you take part commercially, as a Buyer, a call source, an affiliate or otherwise, you must meet the eligibility, licensing, authority and other requirements set out in your applicable agreement, and keep meeting them for as long as you take part.

5. Privacy

Our Privacy Policy explains how we handle personal information across the websites, the platform, the forms, Buyer accounts and related services. It forms part of these Terms. The Privacy Policy is not superseded by the Per-Call Billing Agreement or any other commercial agreement.

6. Accounts and security

If you have an account on the platform, you are responsible for:

• Keeping your credentials secure and confidential
• Everyone you authorise to use your account, and everything done through it
• Telling us promptly if you suspect unauthorised access or any loss of credentials
• Not sharing credentials, except where we expressly allow authorised users within your organisation

We may take reasonable security measures, and may suspend or restrict access where we reasonably suspect a compromised account, fraud, abuse or material risk to the Service or to other users.

7. Things you must not do

You must not:

• Use the Service for anything unlawful, or for fraud or impersonation
• Give false information in an account or an application
• Scrape, crawl, harvest or extract data by automated means without our written permission
• Reverse engineer, decompile or disassemble any part of the Service, except where law expressly allows it
• Bypass, test or interfere with security or access controls, or access any part of the Service you are not authorised to use
• Access any API without authorisation, or exceed the access we have granted you
• Introduce malware, or disrupt, overload or degrade the Service
• Misuse credentials, yours or anyone else's
• Harvest or misuse consumer information, or misuse call recordings
• Infringe our intellectual property or anyone else's
• Use our proprietary information to build or assist a competing service, to the extent applicable law allows us to restrict that
• Manipulate or attempt to manipulate routing, call timing, billing or reporting

Buyers, call sources and affiliates have further obligations in their own agreements. This section does not replace them.

8. Our intellectual property

Company owns or controls, as applicable, the Selective Inbounds brand, name and logo, the website content, the platform software, interfaces, designs, databases, documentation, reports, routing logic, workflows, proprietary business processes, the underwriting database and rulebook, underwriting logic, nonpublic platform information and other proprietary materials. These are protected by intellectual property law.

We grant you a limited, revocable, non exclusive, non transferable right to use the Service for its intended purpose. Nothing here transfers ownership. You may not copy, reproduce, redistribute, publish, create derivative works from, or reproduce the structure or contents of our databases, except as we expressly permit in writing.

We do not claim ownership of a consumer's personal information, or of third party or insurance carrier intellectual property, merely because it passes through the platform.

9. Confidential information

Through the Service you may receive nonpublic information, including the identity of call sources or publishers, nonpublic pricing, routing information, underwriting materials, platform architecture, security information, proprietary business processes, and confidential call or business information. You must keep that information confidential, use it only for the purpose it was given to you, and not disclose it without our written permission, except where disclosure is required by law.

Where you have signed an agreement with more specific confidentiality terms, those terms control for the information they cover.

10. Services we depend on

The Service depends on third party providers, including telecommunications and call routing, payment processing, hosting and infrastructure, internet access and your own browser and devices. We do not control those systems and we do not guarantee their availability, performance or uninterrupted operation.

11. No guaranteed results

We do not guarantee, and nothing on the Service should be read as a promise of, any of the following: call availability or volume; the intent of any caller; the accuracy of information a consumer provides; applications; insurance sales; policy issuance; persistency; commissions; conversion rate; revenue; profit; income; return on investment; or uninterrupted service.

Nothing in this section changes any commitment expressly made in a Per-Call Billing Agreement or other executed agreement.

12. Disclaimers

To the maximum extent permitted by applicable law, the Service is provided "as is" and "as available", and we disclaim all warranties, whether express, implied or statutory, including implied warranties of merchantability, fitness for a particular purpose, title, accuracy and non infringement.

Some jurisdictions do not allow certain warranties to be disclaimed. Nothing here disclaims a warranty or obligation that applicable law does not allow us to disclaim.

13. Limitation of liability

To the maximum extent permitted by applicable law, Company and its members, officers, employees, agents and suppliers are not liable for any indirect, incidental, consequential, special, exemplary or punitive damages, or for lost profits, lost commissions, lost sales, lost business opportunities, or loss of goodwill or reputation, arising out of or relating to the Service or these Terms, whether in contract, tort or otherwise, and whether or not we were advised that such damages were possible.

Which cap applies. If a separate executed agreement governs the claim and contains a limitation of liability, that agreement's limitation controls.

Claims governed only by these Terms. Where no such agreement applies, our total aggregate liability for all claims arising out of or relating to the Service or these Terms is limited to the total fees you actually paid Company for the applicable service during the six months immediately preceding the event giving rise to the claim.

Where no fees were paid. If you paid Company no fees for the applicable service during that period, then to the maximum extent permitted by applicable law Company has no liability to you arising out of or relating to the Service or these Terms. Where applicable law does not permit liability to be excluded entirely, our liability is limited to the smallest amount that law permits.

Nothing in these Terms excludes or limits liability that applicable law does not permit to be excluded or limited.

14. Indemnification

If you use the Service commercially, you agree to defend, indemnify and hold harmless Company and its members, officers, employees and agents from third party claims, damages, losses and reasonable costs, including reasonable legal fees, arising out of or relating to your unlawful use of the Service, your material breach of these Terms, your misuse of consumer data, your violation of intellectual property rights, your fraud or wilful misconduct, or regulatory violations attributable to your conduct.

Where a Per-Call Billing Agreement, Publisher Agreement or Affiliate Agreement contains broader or more specific indemnity obligations, those obligations continue to apply and are not weakened by this section.

15. Suspension and termination

We may suspend, restrict or terminate access to the Service, in whole or in part, where we reasonably believe there is a security risk, fraud, nonpayment where payment applies, unlawful activity, misuse of consumer data, manipulation of the platform, regulatory or legal risk, material breach of these Terms, misuse of intellectual property, or conduct that threatens the Service or other users.

Termination rights in a separate commercial agreement continue to apply on their own terms.

16. Electronic communications

If you have an account or use the Service commercially, you agree that we may provide notices, agreements, disclosures and other communications to you electronically, by email or through the platform, and that these satisfy any legal requirement that such communications be in writing.

Reading the public website does not sign you up for marketing. We only send marketing where you have asked for it or where law otherwise permits it, and you can opt out.

17. Changes to these Terms

We may update these Terms going forward. When we do, we will change the "Last updated" date on this page, and we will give notice of material changes where notice is required.

Changes apply from the date they are posted. They do not retroactively change rights that have already accrued, or terms of a transaction already completed. Posting a change on this page does not change a Per-Call Billing Agreement, accepted Campaign terms, or any other executed agreement. Where law or an applicable agreement requires your affirmative acceptance of a change, we will obtain it.

18. Assignment

You may not assign or transfer these Terms without our written consent. We may assign these Terms, and our applicable rights and obligations, to an affiliate, a successor, a purchaser, an entity acquiring substantially all of the relevant business or assets, or a future entity succeeding to the Selective Inbounds business, to the extent permitted by applicable law.

19. Governing law and where disputes are heard

These Terms are governed by the laws of the State of California, without regard to its conflict of laws rules. For disputes actually governed by these Terms, the state and federal courts located in Orange County, California have jurisdiction, and you and Company consent to that venue, except where a separate executed agreement provides otherwise for the subject matter it covers.

20. General

• Severability. If any provision is held unenforceable, it is limited or removed to the minimum extent necessary, and the rest stays in force.
• Waiver. If we do not enforce a provision, that is not a waiver of it.
• Survival. Sections that by their nature should survive termination do survive, including intellectual property, confidentiality, disclaimers, limitation of liability, indemnification and governing law.
• Entire agreement and order of precedence. These Terms, together with the Privacy Policy, are the entire agreement about general use of the Service. Where a separate executed agreement applies, that agreement controls for its subject matter, as described in section 3.
• Headings. Headings are for reading convenience and do not affect interpretation.

21. How to contact us

AmeriCare Benefits Group LLC
doing business as Selective Inbounds
Newport Beach, California
[email protected]

Contact us

AmeriCare Benefits Group LLC, doing business as Selective Inbounds
Newport Beach, California
[email protected]