Terms of Use | Phoenix EB

YOU MUST SCROLL DOWN, READ, AND ACCEPT THESE TERMS OF USE BEFORE YOU WILL BE PERMITTED TO REGISTER FOR AND USE THIS WEBSITE.

1. DEFINITIONS. The services (referred to as the "Service" or "Services") available via this website (the "Website") are provided by Phoenix Employee Benefits LLC ("Phoenix"). We may partner with one or more other companies ("Suppliers") to provide the Services to you or sell you a Service provided by a Supplier. Phoenix and its Suppliers are referred to in this Agreement as "We", "Us", and "Our." You, the person visiting and utilizing this Website, are referred to as "You" and "Yours".

2. TERMS OF USE. As a condition to Our allowing You to use this Website, You agree to these Terms of Use, including any specific terms and conditions relating to particular Services that You purchase or have purchased prior to visiting the Website.

3. CONSENT. WE MUST RECEIVE INFORMATION FROM YOU, YOUR EMPLOYER, AND/OR OUR SUPPLIERS IN ORDER TO PROVIDE SERVICES TO YOU. THE INFORMATION WE MUST RECEIVE WILL INCLUDE (i) “PROTECTED HEALTH INFORMATION” AS THAT IS DEFINED BY HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT OF 1996 AND RELATED REGULATIONS, INCLUDING 45 C.F.R. PARTS 160 AND 164, AS AMENDED, AND (ii) ANY “NONPUBLIC PERSONAL INFORMATION” AS THAT TERM IS USED IN SECTIONS 501 ET SEQ. OF THE GRAMM LEACH BLILEY ACT (PUBLIC LAW 106–102), AS AMENDED, AND ITS RELATED REGULATIONS. PROTECTED HEALTH INFORMATION AND NONPUBLIC PERSONAL INFORMATION SHALL BE REFERRED TO COLLECTIVELY HEREIN AS “PERSONALLY IDENTIFIABLE INFORMATION.” YOU AUTHORIZE US TO GAIN ACCESS TO YOUR PERSONALLY IDENTIFIABLE INFORMATION IN ORDER TO AUTHENTICATE YOUR IDENTITY AND PROVIDE THE SERVICES TO YOU.

4. PRIVACY. OUR ONLINE PRIVACY POLICY PROVIDES OUR OPT OUT NOTICE TO YOU, DESCRIBES HOW WE MAY USE THE INFORMATION THAT YOU PROVIDE TO US, AND APPLIES TO YOUR USE OF THE WEBSITE AND OUR SERVICES. BECAUSE THE SERVICES ARE WEB-BASED, YOU AGREE TO THE ELECTRONIC DELIVERY OF THESE NOTICES VIA THIS SITE. YOU ALSO AGREE THAT YOU HAVE READ OUR ONLINE PRIVACY POLICY.

5. YOUR RESPONSIBILITIES. By registering on this Website, You certify that You are eighteen (18) years of age or older. The Website and Services are not intended for minors. You agree to treat as strictly confidential Your user identification ("User ID"), password, and/or personal identification number ("PIN") created for this site and not to share them with other persons or display them so that others have access to them. We are not responsible if third parties access the Services by using Your User ID, password, or PIN. You agree to promptly notify Us if You believe someone else has obtained access to Your User ID, password, or PIN.

6. CHANGES WE MAY MAKE. From time to time We may negotiate changes to the Services offered or the prices for the Services with Your employer or group; You will be advised by Your employer or group as to any changes in advance of their implementation. We may revise and update this Agreement at any time. It is Your responsibility to review this Agreement prior to each use of the Website and by continuing to use this Website, You will by Your use agree to those changes. We also may change any feature or component of the Services or the Website at any time. Our making the Services available to or for You is dependent upon agreements we have with your employer or group and our Suppliers; if any of those agreements are terminated, we may then at our sole option cancel any Service.

7. PERSONAL USE ONLY. When You use the Website and the Services, You do so for Your personal benefit. You agree that You will not use the Services or the related information for any other purpose and specifically not for a commercial purpose. You further agree You will not use any Service in an unlawful manner.

8. SITE ACCESS AND USE. We may refuse to accept any Registration for any reason. We may also reject any order for any Service for any reason. You agree that We will not be liable to You for loss or damage that may result from Our refusal to register You on this Website or our rejection of any request from us. You agree that You will not use any robot, spider, or other similar device to monitor or copy any pages of this Website or any content or information accessible through this Website. You agree that You will not use any device, software, or routine to interfere with proper operations of this Website.

9. NO GUARANTEE OF PRODUCT. The Services are not intended to serve as legal, financial, or professional advice of any kind. Because of the nature of the internet and online communications, this Website or the Services may not perform as intended despite Our efforts, those of Your internet service provider, and You. We do not guarantee uninterrupted or error free operation of this Website. It is possible that a third party could gain unauthorized access to the information that is transmitted including Your Personally Identifiable Information. We will use reasonable efforts to maintain operation of the Website and availability of the Services at all times. If there is a system error, and You notify Us of the same, We will try to correct the error. You will not be entitled to any money for any system error of any type.

10. OWNERSHIP. This site may contain copyrighted material and any information that You access or retrieve belongs to Us. You may not remove, alter, or cover any copyright or other proprietary notices placed on this site or on Services and related materials You access through this Website. We retain ownership of all intellectual property rights in this Website, including without limitation any information, materials, text, graphics, images, logos, site design, and the selection, assembly, and arrangement of this Website (collectively, the "Content"). The Content may not be copied, distributed, displayed, modified, reproduced, performed, published, or reverse engineered in whole or in part without Our prior written permission.

11. NO WARRANTY; LIMITATION OF LIABILITY. We have no reason to believe that errors exist in the Services; however, portions of the data contained in the Services will be provided to us by others, including Your employer or group, and therefore We do not control the accuracy or completeness of the information contained in the Services. NEITHER WE, NOR ANY OF OUR OWNERS, MEMBERS, OFFICERS, AGENTS, EMPLOYEES, SUPPLIERS, LICENSORS, OR AFFILIATED COMPANIES (COLLECTIVELY, "AFFILIATED PERSONS") WARRANTS THE CORRECTNESS, COMPLETENESS, CURRENT STATUS, OR ANY OTHER ASPECT OF ANY SERVICE OR INFORMATION CONTAINED IN ANY SERVICE. THE SERVICES ARE PROVIDED "AS IS", AND NO WARRANTY, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THOSE OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, IS MADE. NEITHER WE NOR ANY OF OUR AFFILIATED PERSONS WILL BE LIABLE TO YOU FOR ANY LOSS OR INJURY ARISING OUT OF OR CAUSED, IN WHOLE OR IN PART, BY ANY NEGLIGENT ACTS OR OMISSIONS IN PREPARING, REPORTING, OR DELIVERING THE SERVICES. NEITHER WE NOR THE AFFILIATED PERSONS WILL BE LIABLE FOR DIRECT, SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES (INCLUDING BUT NOT LIMITED TO LOST PROFITS OR OPPORTUNITIES, BUSINESS INTERRUPTION, OR LOSS OF PROGRAMS OR DATA) IN CONNECTION WITH YOUR USE OF THIS WEBSITE, ANY USE OR RELIANCE UPON INFORMATION FOUND AT THIS WEBSITE OR PROVIDED BY US, OR ANY SERVICE PROVIDED USING THIS WEBSITE OR THROUGH ANY OTHER MEDIUM, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

12. TIMELINESS OF NOTICE OF CLAIMS. You have a duty to check your account of this Website on a regular basis. If You intend to make a claim against Us or any Affiliated Person in relation to this Agreement or any Service, You must give the Us or the Affiliated Person notice of the claim within three (3) months of Your becoming aware of the circumstances giving rise to the claim or, if earlier, three (3) months from the time You should reasonably have become aware of such circumstances. If You do not, neither We nor any Affiliated Person will be liable to You for the claim.

13. WAIVER OF CERTAIN LEGAL RIGHTS. BY USING THIS WEBSITE, YOU AGREE TO WAIVE THE RIGHT TO BRING A CLASS ACTION OR OTHER REPRESENTATIVE ACTION AGAINST US IN ANY COURT OR OTHER DISPUTE RESOLUTION FORUM. BY USING THIS WEBSITE, YOU WAIVE ANY RIGHT TO TRIAL BY JURY IN ANY ACTION OR PROCEEDING ARISING OUT OF OR RELATING TO THESE TERMS OF USE, THIS WEBSITE, OR THE SERVICES, WHETHER NOW EXISTING OR HEREAFTER ARISING, AND WHETHER SOUNDING IN CONTRACT, TORT, OR OTHERWISE. YOU ALSO AGREE THAT WE MAY FILE A COPY OF THIS SECTION OF THE TERMS OF USE WITH ANY COURT AS WRITTEN EVIDENCE OF THE KNOWING, VOLUNTARY, AND BARGAINED-FOR AGREEMENT BY YOU IRREVOCABLY TO WAIVE TRIAL BY JURY AND THAT ANY ACTION OR PROCEEDING WHATSOEVER RELATING TO THESE TERMS OF USE, THIS WEBSITE, OR THE SERVICES, SHALL INSTEAD BE TRIED IN A COURT OF COMPETENT JURISDICTION BY A JUDGE SITTING WITHOUT A JURY.

14. GOVERNING LAW. These Terms of Use will be governed by and construed in accordance with the laws of the State of Arkansas applicable to agreements made and to be performed entirely within such State, without regard to the conflicts of law principles that would require the application of any other law.

15. JURISDICTION. Any action or proceeding arising out of or relating to these Terms of Use or the Services or anything related to them may only be brought in a court of competent jurisdiction located in Pulaski County, Arkansas, and You and We irrevocably submit to the exclusive jurisdiction of each such court in any such action or proceeding, waive any objection either You or We may now or hereafter have to venue or to convenience of forum, agree that all claims in respect of the action or proceeding shall be heard and determined only in any such court, and agree not to bring any action or proceeding arising out of or relating to these Terms of Use or the Services or anything related to them in any other court. You and We agree that either You or We may file a copy of this paragraph with any court as written evidence of the knowing, voluntary, and bargained agreement between You and Us irrevocably to waive any objections to venue or to convenience of forum.

I HAVE READ AND ACCEPT THE TERMS OF USE FOR THIS WEBSITE.

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