Terms of Use

These Terms of Use ("Terms") govern your access to and use of theoptivgroup.com, optivhealth.us, optivhealthbenefits.com, and any related Optiv-operated website (collectively, the "Sites"). By accessing or using the Sites, you agree to be bound by these Terms. If you do not agree, please do not use the Sites.

About Us

The Optiv Group, LLC ("Optiv," "we," "us," or "our") is a Texas-domiciled insurance and benefits consulting firm. We operate through licensed producer Brian Berkenbile (Texas License #3376489) and affiliated personnel. The Sites and the educational content presented on them are owned and operated by Optiv.

Educational Content; Not Insurance, Legal, Tax, or Financial Advice

The Sites provide educational and marketing information about IRS Section 125 plans, ICHRA strategies, voluntary indemnity benefits, and related employee benefits programs. This information is provided for general informational purposes only. Optiv is not a law firm, accounting firm, or registered investment advisor.

Information on the Sites does not constitute legal, tax, accounting, or financial advice. Calculator outputs are estimates, not guarantees, and are based on assumptions that may not match your actual circumstances. Before implementing any benefits strategy, you should consult with your own attorney, accountant, tax advisor, and licensed insurance professional.

Insurance products described on the Sites are issued by third-party carriers (including Crum & Forster, Clear Springs Health, and Federal Life). Optiv acts as a licensed producer for these products. Coverage terms, limits, exclusions, and conditions are governed by the applicable policy documents. Nothing on the Sites should be interpreted as an offer to issue insurance coverage.

Eligibility

You must be at least 18 years old and legally able to enter into a contract to use the Sites. By using the Sites, you represent that you meet these requirements. Use of the Sites for personal (non-business) insurance shopping is not the intended purpose; the Sites are oriented toward employers, brokers, HR professionals, and similar business users.

Acceptable Use

You agree not to:

• Use the Sites for any unlawful purpose or in violation of any applicable law or regulation.
• Attempt to gain unauthorized access to any portion of the Sites, our systems, or our security measures.
• Use any automated means (bot, scraper, spider) to access the Sites or extract content, except for legitimate search engine indexing.
• Submit false, misleading, or fraudulent information through any form, calculator, or census upload.
• Reverse-engineer, decompile, or otherwise attempt to extract the source code of the Sites or any underlying technology.
• Interfere with, disrupt, or attempt to disrupt the Sites' operation or security.
• Reproduce, redistribute, or commercially exploit any Site content without our prior written permission.
• Misrepresent your identity or affiliation when communicating with us.

Calculators, Estimators & Modeling Tools

The Sites offer interactive tools — including the FICA Savings Calculator, the Optiv Advantage Calculator, and similar modeling features — that produce estimates based on the inputs you provide and assumptions we have published or that the tool defaults to. These outputs:

• Are estimates, not guarantees of actual savings, costs, or coverage.
• May not reflect your specific tax situation, payroll structure, geographic location, or employee compensation profile.
• Do not account for state income tax exposure unless explicitly indicated.
• Do not constitute tax, legal, or financial advice.

You should not make benefits, financial, or operational decisions solely based on calculator outputs. Always consult with qualified professionals and request a custom proposal from Optiv before implementing any strategy.

Account Information & Submissions

If you submit information to us through any form, calculator, or upload (collectively, "Submissions"), you represent that the information is accurate to the best of your knowledge and that you have the authority to submit it. For census uploads and similar materials containing employee information, you represent that you have appropriate authority to share that information with us for plan-design purposes.

You retain ownership of your Submissions. By providing them to us, you grant Optiv a limited, non-exclusive license to use, store, copy, and process the Submissions for the purpose of providing the requested services and improving our offerings.

Intellectual Property

The Sites and all content on them — including text, graphics, logos, images, software, calculators, the Optiv brand, and the look-and-feel — are owned by Optiv or its licensors and are protected by copyright, trademark, and other intellectual property laws. "The Optiv Group," "Optiv Health Benefits," "125 Smart Plan," and "Optiv Advantage" are trademarks or service marks of Optiv. Carrier names and marks are the property of their respective owners and are used for identification purposes only.

You may view, download, and print Site content for personal, non-commercial reference, provided you retain all copyright and proprietary notices. You may not modify, reproduce, distribute, or publicly display Site content for any other purpose without our prior written consent.

Third-Party Links & Content

The Sites may contain links to third-party websites (carrier portals, regulatory references, partner sites) and may display third-party content. We are not responsible for the content, accuracy, privacy practices, or security of those third-party sites or services. Inclusion of any link does not imply endorsement.

Disclaimers

THE SITES, ALL CONTENT, AND ALL CALCULATOR OUTPUTS ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OPTIV DISCLAIMS ALL WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCURACY, AND COMPLETENESS.

OPTIV DOES NOT WARRANT THAT THE SITES WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF VIRUSES OR HARMFUL COMPONENTS. ANY RELIANCE YOU PLACE ON SITE CONTENT OR CALCULATOR OUTPUTS IS AT YOUR OWN RISK.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, OPTIV AND ITS OFFICERS, EMPLOYEES, AGENTS, AND AFFILIATES WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES — INCLUDING LOST PROFITS, LOST DATA, OR BUSINESS INTERRUPTION — ARISING FROM OR RELATED TO YOUR USE OF THE SITES, EVEN IF OPTIV HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

OPTIV'S TOTAL LIABILITY FOR ANY CLAIM ARISING FROM OR RELATED TO THE SITES WILL NOT EXCEED ONE HUNDRED DOLLARS ($100) OR THE AMOUNT YOU PAID OPTIV IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, WHICHEVER IS GREATER. SOME JURISDICTIONS DO NOT ALLOW THESE LIMITATIONS; THEY APPLY TO YOU TO THE FULLEST EXTENT PERMITTED.

Indemnification

You agree to defend, indemnify, and hold harmless Optiv and its officers, employees, agents, and affiliates from any claims, damages, losses, liabilities, and expenses (including reasonable attorney's fees) arising from: (a) your use of the Sites, (b) your violation of these Terms, (c) your violation of any law or third-party right, or (d) any false or misleading information you submit to us.

Modifications to the Sites and Terms

We may modify, suspend, or discontinue any portion of the Sites at any time, with or without notice. We may also revise these Terms by posting an updated version. The "Last Updated" date will reflect any change. Your continued use of the Sites after the effective date constitutes acceptance of the revised Terms.

Governing Law & Dispute Resolution

These Terms are governed by the laws of the State of Texas, without regard to its conflict-of-laws principles. Any dispute arising from or related to these Terms or the Sites will be resolved exclusively in the state or federal courts located in Collin County, Texas, and you consent to personal jurisdiction in those courts.

To the extent permitted by law, you waive any right to participate in a class action against Optiv. If you have a complaint, you agree to first contact Optiv in writing at brian@theoptivgroup.com and allow us thirty (30) days to attempt to resolve the matter informally before initiating any formal proceeding.

Severability; No Waiver

If any provision of these Terms is found unenforceable, the remaining provisions will continue in full force. Our failure to enforce any provision is not a waiver of our right to enforce it later.

Entire Agreement

These Terms, together with our Privacy Policy and any signed engagement agreements between you and Optiv, constitute the entire agreement between you and Optiv regarding the Sites and supersede any prior understandings.

Contact

Questions about these Terms? Contact us:
The Optiv Group, LLC  ·  Attn: Legal
130 N. Preston Rd., #303  ·  Prosper, TX 75078
brian@theoptivgroup.com  ·  833-MY-OPTIV