Agreement Between User and Employee Benefits Corporation:
This Agreement governs the use of the Employee Benefits Corporation Website and Online Services offered by Employee Benefits Corporation to its customers.
The Employee Benefits Corporation Website is comprised of various web pages operated by Employee Benefits Corporation. Online Services include all means for customers to access their accounts electronically and conduct transactions.
The Employee Benefits Corporation Website and Online Services are offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of the Employee Benefits Corporation Website constitutes your agreement to all such terms, conditions, and notices.
Employee Benefits Corporation reserves the right to change the terms, conditions, and notices under which the Employee Benefits Corporation Website and Online Services are offered, including but not limited to the charges associated with the use of the Employee Benefits Corporation Website and Online Services.
Links to Third-party Sites
The Employee Benefits Corporation Website may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of Employee Benefits Corporation and Employee Benefits Corporation is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Employee Benefits Corporation is not responsible for webcasting or any other form of transmission received from any Linked Site. Employee Benefits Corporation is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Employee Benefits Corporation of the site or any association with its operators.
No Unlawful or Prohibited Use
As a condition of your use of the Employee Benefits Corporation Website and Online Services, you warrant to Employee Benefits Corporation that you will not use the Employee Benefits Corporation Website or Online Services for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Employee Benefits Corporation Website or Online Services in any manner which could damage, disable, overburden, or impair the Employee Benefits Corporation Website or Online Services, or interfere with any other party's use and enjoyment of the Employee Benefits Corporation Website or Online Services. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Employee Benefits Corporation Website or Online Services.
By using the Employee Benefit Corporation Website or Online Services to access your account or conduct transactions, you agree that Employee Benefits Corporation may use multi-factor authentication to verify your identity. Multi-factor authentication is an extra level of security that requires you to provide at least one telephone number to which Employee Benefits Corporation may send a verification code via Short Message Service (SMS)/text, voice call, or email. You understand and accept that any SMS/text messages might result in charges from your mobile telephone service provider under the terms of your agreement with that provider.
By using the Employee Benefit Corporation Website or Online Services to access your account or conduct transactions, you agree to use a password that is not easily determined by third parties and that you keep confidential. You will take all reasonable steps to prevent unauthorized persons from using your password to access your account or conduct transactions. Employee Benefits Corporation will have no liability for any unauthorized access or transactions before it is notified of them.
By using the Employee Benefit Corporation Website or Online Services and setting up an alerts service, you agree that Employee Benefits Corporation may send SMS/text messages to your mobile telephone. You understand and accept that any SMS/text messages might result in charges from your mobile telephone service provider under the terms of your agreement with that provider. You understand that each alert might not be encrypted and might include your name and information pertaining to your accounts. Receipt of any alert might be delayed or prevented by factors affecting your telephone, internet or other service providers. Employee Benefits Corporation guarantees neither the delivery nor the accuracy of the contents of any alert. Either you or Employee Benefits Corporation may terminate your use of the alerts service at any time.
Use of Communication Services
The Employee Benefits Corporation Website may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, "Communication Services"), you agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:
- Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
- Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information.
- Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents.
- Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer.
- Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages.
- Conduct or forward surveys, contests, pyramid schemes or chain letters.
- Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner.
- Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
- Restrict or inhibit any other user from using and enjoying the Communication Services.
- Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.
- Harvest or otherwise collect information about others, including e-mail addresses, without their consent.
- Violate any applicable laws or regulations.
Employee Benefits Corporation has no obligation to monitor the Communication Services. However, Employee Benefits Corporation reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. Employee Benefits Corporation reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.
Employee Benefits Corporation reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Employee Benefits Corporation's sole discretion.
Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. Employee Benefits Corporation does not control or endorse the content, messages or information found in any Communication Service and, therefore, Employee Benefits Corporation specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized Employee Benefits Corporation spokespersons, and their views do not necessarily reflect those of Employee Benefits Corporation.
Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you download the materials.
Materials Provided to or Posted at Any Employee Benefits Corporation Website
Employee Benefits Corporation does not claim ownership of the materials you provide to the Employee Benefits Corporation Website (including feedback and suggestions) or post, upload, input or submit to any Employee Benefits Corporation Website or its associated services (collectively "Submissions"). However, by posting, uploading, inputting, providing or submitting your Submission you are granting Employee Benefits Corporation, its affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.
No compensation will be paid with respect to the use of your Submission, as provided herein. Employee Benefits Corporation is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in Employee Benefits Corporation's sole discretion.
By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE Employee Benefits Corporation Website WEB SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. Employee Benefits Corporation AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE Employee Benefits Corporation Website WEB SITE AT ANY TIME. ADVICE RECEIVED VIA THE Employee Benefits Corporation Website SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.
Employee Benefits Corporation AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE Employee Benefits Corporation Website FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. Employee Benefits Corporation AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
Employee Benefits Corporation reserves the right, in its sole discretion, to terminate your access to the Employee Benefits Corporation Website and Online Services, and the related services or any portion thereof at any time, without notice. GENERAL To the maximum extent permitted by law, this agreement is governed by the laws of the State of Wisconsin, U.S.A. and you hereby consent to the exclusive jurisdiction and venue of courts in Dane County, Wisconsin, U.S.A. in all disputes arising out of or relating to the use of the Employee Benefits Corporation Website or Online Services. Use of the Employee Benefits Corporation Website or Online Services is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Employee Benefits Corporation as a result of this agreement or use of the Employee Benefits Corporation Website or Online Services. Employee Benefits Corporation's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Employee Benefits Corporation's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Employee Benefits Corporation Website or Online Services or information provided to or gathered by Employee Benefits Corporation with respect to such use.
If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Employee Benefits Corporation with respect to the Employee Benefits Corporation Website or Online Services and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Employee Benefits Corporation with respect to the Employee Benefits Corporation Website or Online Services. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent an d subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be drawn up in English.
Copyright and Trademark Notices
All contents of the Employee Benefits Corporation Website are: Copyright 2011 with modifications up to and including the current year copyright, by Employee Benefits Corporation and/or its suppliers. All rights reserved.
The names of actual companies and products mentioned herein may be the trademarks of their respective owners.
The example companies, organizations, products, people and events depicted herein are fictitious. No association with any real company, organization, product, person, or event is intended or should be inferred.
Any rights not expressly granted herein are reserved.
Notices and Procedure for Making Claims of Copyright Infringement
Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement under United States copyright law must follow the procedure below. ALL INQUIRIES NOT RELEVANT TO COPYRIGHT NOTIFICATIONS WILL RECEIVE NO RESPONSE.
If you believe that your work has been copied in a way that constitutes copyright infringement, please provide our copyright agent with the following:
- A description of the copyrighted work that you claim has been infringed upon;
- A description of where the material that you claim is infringing is located on the Employee Benefits Corporation Website;
- Your address, telephone number, and e-mail address;
- A statement of good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- 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;
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest.
Our Copyright Agent for notice of claims of copyright infringement on this Website is the Compliance Department, reachable at:
Employee Benefits Corporation
ATTN: Compliance Department
PO Box 44347
Madison, WI 53744-4347
Fax: (608) 831-8445