Terms and Conditions
Legally binding terms governing your access to and use of Mally Financial Services and digital brokerage channels.
Welcome to Mally Financial Services ("Mally Financial Services," "Mally," "Company," "we," "us," or "our"). These Terms and Conditions ("Terms") constitute a legally binding agreement between you and Mally Financial Services governing your access to and use of www.mallyfinancial.com, including all subdomains, forms, tools, content, and online services (collectively, the "Website").
By accessing, browsing, or using this Website, or by submitting information through our digital forms, you acknowledge that you have read, understood, and agree to be bound by these Terms, our Privacy Policy, Cookie Policy, and Refund Policy. If you do not agree to all of these Terms, you must immediately discontinue access to and use of the Website.
1. About Mally Financial Services & Insurance Brokerage Status
Mally Financial Services is a licensed independent insurance agency and broker headquartered in Stony Brook, New York. We provide educational information, guidance, quote comparison, and administrative assistance relating to health insurance plans, medical benefits, and coverage options.
- Intermediary Legal Status: Mally Financial Services acts strictly as an insurance intermediary, broker, or agency licensed under the New York State Department of Financial Services (NYDFS). We are not an insurance carrier, underwriter, risk-bearing entity, or third-party administrator.
- No Direct Binding Authority: Submitting an inquiry or application through this Website does not bind coverage. Official coverage is bound only upon formal underwriting review, approval, and written confirmation issued directly by the underwriting carrier.
- Governing Documents: Policy provisions, deductibles, copayments, and benefits are governed exclusively by the carrier’s official policy contract and Summary of Benefits and Coverage (SBC).
2. Permissible Use & Prohibited Conduct
You agree to use this Website solely for lawful, non-commercial purposes. You expressly agree not to:
- Use the Website for any fraudulent, unlawful, deceptive, or unauthorized purpose.
- Submit false, inaccurate, incomplete, or misleading information, or impersonate any individual.
- Attempt to gain unauthorized access to server infrastructure, databases, or accounts.
- Bypass or tamper with security features, access controls, or rate limits.
- Scrape, crawl, or data-mine content using automated bots without our express written consent.
- Upload viruses, worms, or malicious code designed to disrupt service.
- Decompile, reverse engineer, or disassemble any part of the Website.
3. Educational Content & Health Insurance Information
All content provided on this Website—including policy descriptions, rate estimates, benefit guides, and blog articles—is provided solely for general educational and informational purposes. Information displayed does not constitute a legal contract, binder, or guarantee of eligibility or approval.
4. No Guarantee of Coverage, Approval, or Rates
Submitting an inquiry or quote request does not guarantee insurance coverage or approval, lock in a premium rate, or establish an obligation on any carrier to accept an application. All coverage decisions and final premiums are established exclusively by the underwriting carrier.
5. No Medical, Healthcare, Legal, or Tax Advice
Nothing contained on this Website constitutes medical advice, clinical diagnosis, legal counsel, or certified tax advice.
- Mally Financial Services is not a healthcare provider. Clinical and treatment decisions must be directed to licensed medical professionals.
- Consult a qualified CPA or tax attorney regarding tax treatment of health savings accounts or corporate benefit structures.
6. User Submissions & Accuracy Obligations
You warrant that all information submitted through website quote forms or applications is accurate, current, complete, and truthful. Submitting fraudulent or inaccurate data may lead to claim denials, carrier policy rescission, or legal liability.
7. Communications & Telemarketing Consent (TCPA Notice)
Consenting to automated marketing calls or promotional text messages is never buried in these Terms. Such communications are sent only if you provide prior express written consent via an un-checked opt-in box on our web forms. Marketing consent is never a condition of purchase. You can opt out at any time by replying STOP to texts or unsubscribing from emails.
8. Privacy Policy & Third-Party Carrier Links
Your use of the Website is also governed by our Privacy Policy. Links to external carrier portals or government exchanges (e.g. HealthCare.gov) are provided for convenience; we do not control or assume liability for third-party practices.
9. Intellectual Property Rights & User Feedback
All trademarks, logos, custom graphics, text, software code, and layout designs on this Website are the proprietary property of Mally Financial Services or its licensors. You are granted a limited, revocable license for personal, non-commercial use.
10. Service Availability & Disclaimer of Warranties
TO THE FULLEST EXTENT PERMITTED BY LAW, THE WEBSITE AND ALL CONTENT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
11. Limitation of Liability & Monetary Cap
IN NO EVENT SHALL MALLY FINANCIAL SERVICES, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES ARISING OUT OF YOUR USE OF THE WEBSITE OR SERVICES.
MONETARY CAP: TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THESE TERMS OR OUR SERVICES SHALL BE STRICTLY LIMITED TO THE GREATER OF:
- ONE HUNDRED U.S. DOLLARS ($100.00 USD); OR
- THE TOTAL AMOUNT OF DIRECT BROKERAGE FEES PAID BY YOU DIRECTLY TO MALLY FINANCIAL SERVICES IN THE PRECEDING SIX (6) MONTHS.
12. Indemnification
You agree to defend, indemnify, and hold harmless Mally Financial Services and its representatives from any third-party claims, damages, liabilities, and expenses (including reasonable attorneys' fees) arising out of your violation of these Terms or misleading submissions.
13. Government Non-Affiliation Notice
Mally Financial Services is a private, independent agency. We are not affiliated with, endorsed by, or operated by CMS, HHS, HealthCare.gov, or any state or federal governmental entity.
14. Governing Law, Venue, and Dispute Resolution
These Terms and all disputes arising hereunder shall be governed by and construed in accordance with the laws of the State of New York. You irrevocably submit to the exclusive jurisdiction of the State Courts located in Suffolk County, New York, or the United States District Court for the Eastern District of New York.
15. Entire Agreement & Contact Information
These Terms, together with our Privacy Policy, Cookie Policy, and Refund Policy, constitute the entire agreement between you and Mally Financial Services.
For questions regarding these Terms, contact our office at chris@mallyfinancial.com or call (631) 928-4496.
Mally Financial Services — Compliance & Privacy Office
Attn: Privacy Officer / Chris Mally • Independent Insurance Agency
Stony Brook, NY 11790