TERMS OF USE
The National ICE Association
These Terms of Use (the “Terms”) govern access to and use of the website, member portal, applications, digital forms, communications features, and other online services operated by or on behalf of The National ICE Association (“NICE,” “we,” “us,” or “our”), including digital services, platforms, and systems provided through NICE and/or OGG Government Services (“OGG”) (collectively, the “Services”). By accessing or using the Services, you agree to these Terms. If you are a NICE Member, your Membership Agreement and applicable third-party benefit documents also apply.
1. Relationship to the Membership Agreement
These Terms govern use of NICE’s digital Services, including Services provided through NICE and/or OGG systems. They do not replace the Membership Agreement, an insurance policy or certificate, a provider agreement, or other benefit-specific terms. If there is a conflict, the more specific governing document controls the subject it addresses. Insurance coverage is determined solely by the applicable policy, certificate, endorsements, and carrier terms.
2. Eligibility and Accounts
Certain areas of the Services are restricted to eligible members, authorized users, NICE personnel, sponsoring organizations, or approved providers. You agree to provide accurate information, maintain current contact information, keep your credentials confidential, and promptly notify NICE of suspected unauthorized access. You may not share credentials or access another person’s account without authorization.
3. Acceptable Use
You may use the Services only for lawful, authorized purposes connected with NICE membership, benefits, support, or other permitted activities. You may not:
a) Use the Services to commit fraud, submit knowingly false information, impersonate another person, or misuse a benefit.
b) Attempt to gain unauthorized access to accounts, systems, data, administrative functions, or security controls.
c) Probe, scan, test, bypass, disable, interfere with, or disrupt security, authentication, rate limits, logging, monitoring, or network functions except with NICE’s express written authorization.
d) Upload malware, malicious code, destructive content, or material intended to compromise NICE, OGG systems, or a third party.
e) Harass, threaten, abuse, defame, impersonate, or unlawfully target NICE personnel, members, providers, or others through the Services.
f) Use the Services to disclose another person’s confidential, sensitive, personal, legal, claim, health, or account information without authorization.
g) Scrape, harvest, copy, automate, reverse engineer, or commercially exploit the Services or content except as permitted by law or expressly authorized by NICE.
h) Use NICE names, logos, trademarks, or content in a way that falsely implies endorsement, sponsorship, affiliation, or authorization.
4. Member Portal and Claims/Incident Submissions
Members agree to use the NICE and/or OGG member portal as the primary method for submitting benefit claims/incidents and related documents unless NICE authorizes another method. Portal submission through NICE and/or OGG systems does not itself establish insurance coverage, legal representation, professional engagement, or benefit approval, and it does not extend a carrier or provider deadline. Members must comply with any additional direct notice, cooperation, or documentation requirements imposed by the applicable provider.
5. Electronic Records and Signatures
The Services may allow electronic signatures, click-through acceptance, acknowledgments, recurring-payment authorizations, enrollment forms, insurance-related documents, and other electronic records. To the extent permitted by law, you agree that electronic signatures and records may have the same legal effect as paper signatures and records. You are responsible for maintaining a valid email address and other contact information used for electronic notices.
6. Payments and Third-Party Payment Services
Payments may be processed by independent payment processors. NICE and/or OGG systems may receive transaction status, tokens, identifiers, and related payment information without receiving or storing the full payment-card number. Payment processors operate under their own terms and privacy notices. Billing, dues, refunds, grace periods, payroll allotments, and cancellations for Members are governed by the Membership Agreement and applicable provider requirements.
7. Third-Party Services and Links
The Services may link to or integrate with insurance carriers, law firms, counselors, payment processors, e-signature providers, cloud services, communications platforms, and other third parties. NICE does not control independent third-party services, and use of those services may be subject to separate terms, privacy notices, professional obligations, and eligibility requirements.
8. Intellectual Property
The Services, NICE branding, logos, software, page designs, text, graphics, forms, workflows, databases, and other NICE-provided content are owned by or licensed to NICE and are protected by applicable intellectual-property laws. Except for personal, authorized use of the Services, no rights are granted without NICE’s written permission. Third-party marks remain the property of their respective owners.
9. User Content and Submissions
You retain ownership of information and documents you submit, subject to any rights held by third parties. You grant NICE a limited right to host, process, reproduce, transmit, organize, and disclose submitted information as reasonably necessary to operate the Services, administer membership and benefits, satisfy provider requirements, maintain records, secure the platform, and comply with law.
Where NICE uses OGG systems to provide or administer digital Services, submitted information may be hosted, processed, transmitted, organized, or maintained through those systems as reasonably necessary to provide the Services.
This permission does not authorize NICE to use sensitive claim/incident content for unrelated advertising.
10. Privacy and Security
NICE’s Privacy Policy explains how information is collected, used, shared, protected, and retained. You agree to use secure NICE and/or OGG-approved channels for sensitive information whenever available and to take reasonable steps to protect your device, credentials, and account. NICE may suspend access or require additional verification when it reasonably believes an account or system is at risk.
11. Service Availability and Changes
NICE may maintain, modify, update, suspend, or discontinue features of the Services, including features made available through NICE and/or OGG systems. NICE may use manual or alternative processes during outages or maintenance. NICE does not guarantee that the Services will be uninterrupted or error-free, but will use commercially reasonable efforts appropriate to the nature of the Services.
12. No Professional Advice by NICE
Unless expressly provided by a licensed NICE professional acting within an applicable professional relationship, information on the Services is administrative and informational and is not legal, medical, mental-health, tax, financial, or insurance advice. Independent providers are responsible for their own professional services and decisions.
13. Disclaimers
TO THE FULLEST EXTENT PERMITTED BY LAW, THE SERVICES ARE PROVIDED ON AN “AS AVAILABLE” BASIS. NICE DISCLAIMS IMPLIED WARRANTIES THAT MAY OTHERWISE APPLY, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, EXCEPT TO THE EXTENT SUCH WARRANTIES CANNOT LAWFULLY BE DISCLAIMED. NOTHING IN THESE TERMS ALTERS OR REDUCES COVERAGE OR RIGHTS THAT EXIST UNDER AN APPLICABLE INSURANCE POLICY OR OTHER THIRD-PARTY CONTRACT.
14. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, NICE WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES ARISING FROM USE OF THE SERVICES, INCLUDING LOSS OF DATA, PROFITS, BUSINESS, OR REPUTATION, EXCEPT WHERE SUCH A LIMITATION IS PROHIBITED BY LAW. NICE IS NOT RESPONSIBLE FOR INDEPENDENT COVERAGE, CLAIM, LEGAL, COUNSELING, MEDICAL, OR OTHER PROFESSIONAL DECISIONS MADE BY THIRD-PARTY PROVIDERS.
15. Indemnification
To the extent permitted by law, you agree to be responsible for losses, claims, liabilities, and reasonable costs arising from your unlawful use of the Services, fraud, intentional misconduct, material breach of these Terms, or violation of another person’s rights. This provision does not require indemnification for NICE’s own negligence or misconduct to the extent such a requirement would be unlawful.
16. Suspension and Termination of Access
NICE may suspend, restrict, or terminate digital access when reasonably necessary to address nonpayment, ineligibility, account compromise, security threats, fraud, misuse, prohibited conduct, legal requirements, or material breach. This includes access to digital Services provided through NICE and/or OGG systems. Suspension of digital access does not by itself determine insurance coverage; insurance status remains subject to the applicable policy and carrier rules.
17. Dispute Resolution, Arbitration, and Class Action Waiver
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS LEGAL RIGHTS.
Except for qualifying small claims matters and requests for temporary or preliminary injunctive relief necessary to protect confidential information, intellectual property, account security, or prevent immediate misuse, disputes arising out of or relating to these Terms, the Services, or the relationship between you and NICE will be resolved by binding individual arbitration to the fullest extent permitted by law.
THE PARTIES AGREE THAT CLAIMS MAY BE BROUGHT ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF, CLASS MEMBER, OR REPRESENTATIVE IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE ACTION, TO THE FULLEST EXTENT PERMITTED BY LAW. THE PARTIES ALSO WAIVE TRIAL BY JURY FOR CLAIMS SUBJECT TO ARBITRATION.
Disputes governed by an insurance policy or independent provider agreement may be subject to separate procedures that these Terms do not replace.
18. Governing Law
These Terms are governed by the laws of the State of Delaware, without regard to conflict-of-law rules, except where mandatory law of another jurisdiction applies and cannot be waived. For matters not subject to arbitration, the parties consent to appropriate state or federal courts having jurisdiction, subject to mandatory venue rights under applicable law.
19. Changes to These Terms
NICE may update these Terms from time to time. The current version will be posted through the website or Services. Material changes will be communicated when required by law or reasonably appropriate. Continued use after an effective date constitutes acceptance to the extent permitted by law.
20. General Terms and Contact
If any provision is held invalid or unenforceable, the remaining provisions remain effective to the fullest extent permitted by law. Failure to enforce a provision herein is not a waiver. Questions about these Terms may be submitted through the contact method designated on the NICE website or NICE and/or OGG member portal.
-The National ICE Association