Last Updated January 2016
All programs and services offered and operated by Flexefits and/or its subsidiaries and affiliates (referred to as “Flexefits , ” FBP”, “we”, “our”, or “us”). Review these Terms of Service (“Agreement”) thoroughly. This Agreement is a legal agreement between you and FBP. By accepting electronically (for example, clicking “I Agree”), installing, accessing or using the Services, you agree to these terms. If you do not agree to this Agreement, then you may not use the Services.
- GENERAL TERMS
- AGREEMENTThis Agreement describes the terms governing your use of the FBP online services provided to you on this website, including content, updates and new releases, (collectively, the “Services”). It includes by reference:
- Additional Terms and Conditions, which may include those from third parties.
- Any terms provided separately to you for the Services, including product or program terms, ordering, activation, payment terms,etc.
- YOUR RIGHTS TO USE THE SERVICES 2.1The Services are protected by copyright, trade secret, and other intellectual property laws. You are only granted the right to use the Services and only for the purposes described by FBP. FBP reserves all other rights in the Services. Until termination of this Agreement and as long as you meet any applicable payment obligations and comply with this Agreement, FBP grants to you a personal, limited, nonexclusive, nontransferable right and license to use the Services. 2.2 You agree not to use, nor permit any third party to use, the Services or content in a manner that violates any applicable law, regulation or this Agreement. You agree you will not:
- Provide access to or give any part of the Services to any third party.
- Reproduce, modify, copy, deconstruct, sell, trade or resell the Services.
- Make the Services available on any file-sharing or application hosting service.
- USE WITH YOUR MOBILE DEVICEUse of these Services may be available through a compatible mobile device, may require Internet access and/or additional software. You agree that you are solely responsible for these requirements, including any applicable changes, updates and fees as well as the terms of your agreement with your mobile device and telecommunications provider.
FBP MAKES NO WARRANTIES OR REPRESENTATIONS OF ANY KIND, EXPRESS, STATUTORY OR IMPLIED AS TO:(i) THE AVAILABILITY OF TELECOMMUNICATION SERVICES FROM YOUR PROVIDER AND ACCESS TO THE SERVICES AT ANY TIME OR FROM ANY LOCATION;(ii) ANY LOSS, DAMAGE, OR OTHER SECURITY INTRUSION OF THE TELECOMMUNICATION SERVICES; AND(iii) ANY DISCLOSURE OF INFORMATION TO THIRD PARTIES OR FAILURE TO TRANSMIT ANY DATA, COMMUNICATIONS OR SETTINGS CONNECTED WITH THE SERVICES.
- YOUR PERSONAL INFORMATION.You can view FBP’s Privacy Statement provided with the Services and on the website for the Services. You agree to the applicable FBP Privacy Statement, and changes published by FBP. You agree that FBP may use and maintain your data according to the FBP Privacy Statement, as part of the Services. You also give FBP permission to aggregate your non-personally identifiable data which you enter or upload with that of other users of the Services. For example, this means that FBP may use that aggregated data to improve services, design promotions, or provide ways for you to compare business practices with other users.
- CONTENT 6.1You are responsible for your content. You are responsible for all materials (“Content”) uploaded, posted or stored through your use of the Services. Archive your Content frequently. You are responsible for any lost or unrecoverable Content. You must provide all required and appropriate warnings, information and disclosures. FBP is not responsible for the Content or data you submit through the Services.You agree not to use, nor permit any third party to use, the Services to upload, post, distribute, link to, publish, reproduce, engage in or transmit any of the following, including but not limited to:Illegal, fraudulent, defamatory, obscene, pornographic, profane, threatening, abusive, hateful, harassing, offensive, inappropriate or objectionable information or communications of any kind, including without limitation conduct that would encourage “flaming” others, or criminal or civil liability under any local, state, federal or foreign law;
- Content that would impersonate someone else or falsely represent your identity or qualifications, or that constitutes a breach of any individual’s privacy;
- Except as permitted by FBP in writing, investment opportunities, solicitations, chain letters, pyramid schemes, other unsolicited commercial communication or engage in spamming or flooding;
- Virus, trojan horse, worm or other disruptive or harmful software or data; and
- Any information, software or Content which is not legally yours and without permission from the copyright owner or intellectual property rights owner.
6.2 Community forums. The Services may include a community forum or other social features to exchange Content and information with other users of the Services and the public. Please use respect when you interact with other users. Do not reveal information that you do not want to make public. Users may post hypertext links to content of third parties for which FBP is not responsible.
6.3 FBP may freely use feedback you provide. You agree that FBP may use your feedback, suggestions, or ideas in any way, including in future modifications of the Services, other products or services, advertising or marketing materials. You grant FBP a perpetual, worldwide, fully transferable, sub licensable, non-revocable, fully paid-up, royalty free license to use the feedback you provide to FBP in any way.
- ADDITIONAL TERMS 7.1 FBPdoes not give professional advice. Unless specifically included with the Services, SHB is not in the business of providing legal, financial, accounting, tax, health care, real estate or other professional services or advice. Consult the services of a competent professional when you need this type of assistance. 7.2 We may tell you about other FBP services. You may be offered other services, products, or promotions by FBP (“FBP Services”). Additional terms and conditions and fees may apply. With some FBP Services you may upload or enter data from your account(s) such as names, addresses and phone numbers, purchases, etc., to the Internet. You grant FBP permission to use information about your business and experience to help us to provide the FBP Services to you and to enhance the Services. You grant FBP permission to combine your business data, if any, with that of others in a way that does not identify you or any individual personally. You also grant FBP permission to share or publish summary results relating to research data and to distribute or license such data to third parties. 7.3 We may tell you about third party products or services. Subject to the FBP Privacy Statement, FBP may offer products and services on behalf of third parties who are not affiliated with FBP (“Third Party Products”) or the Services may contain links to third party websites (“Third Party Sites”). You agree that FBP can use your contact information, including name and address, for the purpose of offering these products to you in accordance with your stated FBP contact preferences. If you decide to use any Third Party Products or access any Third Party Sites, you are responsible for reviewing the third party’s separate product terms, website terms and privacy policies, and paying any fees, if any, associated with the Third Party Products or Third Party Sites. You agree that the third parties, and not FBP, are responsible for their product’s performance and the content on their websites. FBP is not affiliated with these Third Party Products or Third Party Sites and has no liability for them. FBP reserves the right to terminate access to any interoperability between the FBP Services and Third Party Products without refunds or credits to you. 7.4 Shopping. FBP is a participant in the Amazon Services LLC Associates Program, an affiliate advertising program designed to provide a means for sites to earn advertising fees by advertising and linking to amazon. 7.5 Communications. FBP may be required by law to send you communications about the Services or Third Party Products. You agree that FBP may send these communications to you via email or by posting them on our websites 7.6 You will manage your passwords and accept updates. You are responsible for securely managing your password(s) for the Services and to contact FBP if you become aware of any unauthorized access to your account. The Services may periodically be updated with tools, utilities, improvements, third party applications, or general updates to improve the Services. You agree to receive these updates.
- DISCLAIMER OF WARRANTIES 8.1YOUR USE OF THE SERVICES, SOFTWARE, AND CONTENT IS ENTIRELY AT YOUR OWN RISK. EXCEPT AS DESCRIBED IN THIS AGREEMENT, THE SERVICES ARE PROVIDED “AS IS.” TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, FBP, ITS AFFILIATES, AND ITS THIRD PARTY PROVIDERS, LICENSORS, DISTRIBUTORS OR SUPPLIERS (COLLECTIVELY,”SUPPLIERS”) DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY THAT THE SERVICES ARE FIT FOR A PARTICULAR PURPOSE, TITLE, MERCHANTABILITY, DATA LOSS, NON-INTERFERENCE WITH OR NON-INFRINGEMENT OF ANY INTELLECTUAL PROPERTY RIGHTS, OR THE ACCURACY, RELIABILITY, QUALITY OR CONTENT IN OR LINKED TO THE SERVICES. FBP AND ITS AFFILIATES AND SUPPLIERS DO NOT WARRANT THAT THE SERVICES ARE SECURE, FREE FROM BUGS, VIRUSES, INTERRUPTION, ERRORS, THEFT OR DESTRUCTION. IF THE EXCLUSIONS FOR IMPLIED WARRANTIES DO NOT APPLY TO YOU, ANY IMPLIED WARRANTIES ARE LIMITED TO 60 DAYS FROM THE DATE OF PURCHASE OR DELIVERY OF THE SERVICES, WHICHEVER IS SOONER. 8.2 FBP, ITS AFFILIATES AND SUPPLIERS DISCLAIM ANY REPRESENTATIONS OR WARRANTIES THAT YOUR USE OF THE SERVICES WILL SATISFY OR ENSURE COMPLIANCE WITH ANY LEGAL OBLIGATIONS OR LAWS OR REGULATIONS.
LIMITATION OF LIABILITY AND INDEMNITY.TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE ENTIRE LIABILITY OF FBP, ITS AFFILIATES AND SUPPLIERS FOR ALL CLAIMS RELATING TO THIS AGREEMENT SHALL BE LIMITED TO THE AMOUNT YOU PAID FOR THE SERVICES DURING THE TWELVE (12) MONTHS PRIOR TO SUCH CLAIM. SUBJECT TO APPLICABLE LAW, FBP, ITS AFFILIATES AND SUPPLIERS ARE NOT LIABLE FOR ANY OF THE FOLLOWING: (A) INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES; (B) DAMAGES RELATING TO FAILURES OF TELECOMMUNICATIONS, THE INTERNET, ELECTRONIC COMMUNICATIONS, CORRUPTION, SECURITY, LOSS OR THEFT OF DATA, VIRUSES, SPYWARE, LOSS OF BUSINESS, REVENUE, PROFITS OR INVESTMENT, OR USE OF SOFTWARE OR HARDWARE THAT DOES NOT MEET FBP SYSTEMS REQUIREMENTS. THE ABOVE LIMITATIONS APPLY EVEN IF FBP AND ITS AFFILIATES AND SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS AGREEMENT SETS FORTH THE ENTIRE LIABILITY OF FBP, ITS AFFILIATES AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO THE SERVICES AND ITS USE. You agree to indemnify and hold FBP and its Affiliates and Suppliers harmless from any and all claims, liability and expenses, including reasonable attorneys’ fees and costs, arising out of your use of the Services or breach of this Agreement (collectively referred to as “Claims”). FBP reserves the right, in its sole discretion and at its own expense, to assume the exclusive defense and control of any Claims. You agree to reasonably cooperate as requested by FBP in the defense of any Claims.
CHANGES.We reserve the right to change this Agreement at any time, and the changes will be effective when posted through the Services, on our website for the Services or when we notify you by other means. We may also change or discontinue the Services, in whole or in part. Your continued use of the Services indicates your agreement to the changes.
TERMINATION. FBP may immediately, in its sole discretion and without notice terminate this Agreement or suspend the Services if you fail to comply with this Agreement or if you no longer agree to receive electronic communications. Upon termination you must immediately stop using the Services and any outstanding payments will become due. Any termination of this Agreement shall not affect FBP rights to any payments due to it. Sections 2.2, 3 through 14 will survive and remain in effect even if the Agreement is terminated.
EXPORT RESTRICTIONS. You acknowledge that the Services, including the mobile application, and the underlying software may include U.S. technical data subject to restrictions under export control laws and regulations administered by the United States government. You agree that you will comply with these laws and regulations, and will not export or re-export any part of the Services, in violation of these laws and regulations, directly or indirectly.
GOVERNING LAW. Delaware state law governs this Agreement without regard to its conflicts of laws provisions. You agree to the exclusive jurisdiction of state courts Delaware. FBP does not represent that the Services are appropriate or available for use in all countries. You are accessing the Services on your own initiative and you are responsible for compliance with all applicable laws.
GENERAL. This Agreement, including the Additional Terms below, is the entire agreement between you and FBP and replaces all prior understandings, communications and agreements, oral or written, regarding its subject matter. If any court of law, having the jurisdiction, rules that any part of this Agreement is invalid, that section will be removed without affecting the remainder of the Agreement. The remaining terms will be valid and enforceable. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement. You cannot assign or transfer ownership of this Agreement to anyone without written approval of FBP. However, FBP may assign or transfer it without your consent to (a) an affiliate, (b) a company through a sale of assets by FBP or (c) a successor by merger. Any assignment in violation of this Section shall be void. If you want to request a transfer of this Agreement, contact FBP via an email to: [email protected]
Last Updated January 2016
We collect two basic types of information with our service, namely personal information and aggregate information. As used herein, the term “personal information” means information that specifically identifies an individual (such as a name and e-mail address), and demographic and other information about an individual when directly linked to personally identifiable information. A user name may be personal information if it includes personally identifying information such as a first and last name. Our definition of personal information does not include “aggregate” information. Aggregate information is data we collect about a group or category of services or users from which individual user identities have been removed. In other words, information on how you use our service may be collected and combined with information about how others use the service, but no personal information will be included in the resulting data. Aggregate data helps us understand trends in our users’ needs so that we can better consider new features or otherwise tailor our service. This policy in no way restricts or limits our collection and use of aggregate information, and we may share aggregate information about our users with third parties for various purposes, including to help us better understand and improve our service, and for advertising and marketing purposes.
- Updating/Accessing/Amending Personally Identifiable InformationIf your personally identifiable information changes, or if you no longer desire our service, you may update your profile or delete it by clicking on the Profile link after you log in and then clicking the Delete Account link at the bottom of the page. Alternatively, you can email our Customer Support at [email protected]
- Active CollectionPersonal information may be collected in a number of ways when you visit our Site. We may collect certain information you voluntarily provide to us which may contain personal information. For example, we may collect your name, address, email address, user name and other contact and demographic information when you register and set up an account or contact us by e-mail or other means for any reason. We may also collect payment information if applicable. If In addition, from time to time we may collect demographic, contact or other personal information you voluntarily provide to us, such as in connection with your participation in surveys, sweepstakes, contests, games, promotional offers, and other activities on the Site. For each registered user of the Site (each a “Registered User”) to the Flexefits Web Site, our Web server automatically recognizes any header information that is shared with our Web server. Flexefits collects the IP address and header information, and may collect the following: The e-mail address of Registered Users of our Web Site and the Flexefits Toolset; The e-mail addresses of Registered Users who post messages to our bulletin board, communicate with us via e-mail, and/or make postings to our chat areas; Aggregate information on what pages Registered Users access or visit; Registered User-specific information on what pages Registered Users access or visit; and Personal information may also be collected if you leave comments or other communications on the Site, such as on the Flexefits Bulletin Board and/or chat areas, and/or send email directly to Flexefits. By doing so your name and the content of your communication may be made public and can be read, collected, or used by other users of these forums, and could be used to send you unsolicited messages. We are not responsible for the personally identifiable information you choose to submit in these forums.
- Links to Other SitesIf you click on a link to a third party site, you will leave the Flexefits site you are visiting and go to the site you selected. Because we cannot control the activities of third parties, we cannot accept responsibility for any use of your personally identifiable information by such third parties, and we cannot guarantee that they will adhere to the same privacy practices as Flexefits. If you visit a third party website that is linked to a Flexefits site, you should read that website’s privacy statement before providing any personally identifiable information.
- Information about ChildrenOur service is not intended to be used by children under the age of 13, and we do not knowingly collect personal information from children under the age of 13 except in compliance with applicable law.
- Use and Sharing of InformationIn general, we use personal information we collect to process your requests or transactions, to provide you with information or services you request, to inform you about other information, events, promotions, products or services we think will be of interest to you, to facilitate your use of, and our administration and operation of, the Site, newsletters and for the purpose for which the information was provided. We may also use the personal information we collect to improve the content of our Web page and to customize the advertising and the content and/or layout of our page for our visitors and individual Registered Users. We also use this information to notify Registered Users about updates to our Web site, and to contact Registered Users for marketing purposes. We will not share the personal information we collect from you through the Site with any other company except as provided in this Policy, as it may be revised form time to time. We reserve the right to disclose or transfer such information to a third party (a) if you request us to do so or we otherwise have your consent, (b) if we believe in good faith that we are lawfully authorized or required to do so or that doing so is reasonably necessary or appropriate to comply with the law or with legal process or authorities, respond to any claims, or to protect the rights, property or safety of Flexefits, our users, our employees or the public, including without limitation to protect Flexefits or our users or the public from fraudulent, abusive, inappropriate or unlawful use of our Site, (c) if we believe in good faith that an emergency involving immediate danger of death or serious physical injury to any person, or other irreparable injury, including economic interests of Flexefits or a third party, requires disclosure of the information, and (d) in connection with an acquisition, merger, or sale of all or a substantial portion of our business. We may also share personal information with vendors, consultants and other service providers (“Service Providers”) who are engaged by or working with us in connection with the operation of the Site or the Services and who need access to such information to carry out their work for us. In some cases, the Service Provider may be directly collecting the information from you on our behalf. We may also share personal information with other third parties when you request that we do so or otherwise give us your express or implied consent. We are not responsible for the actions of Service Providers or other third parties, nor are we responsible for any additional information you provide directly to these Service Providers or other third parties, and we encourage you to become familiar with their privacy practices before disclosing information directly to them. Note that nothing herein restricts the sharing of aggregate information, which may be shared with third parties without your consent.
- Network and Information SecurityWe use reasonable efforts to prevent unauthorized release of or access to your personal data. However, we cannot guarantee that your information will not be disclosed or accessed by accidental circumstances or by the unauthorized acts of others. If Flexefits learns of a security systems breach, then we may attempt to notify you electronically so that you can take appropriate protective steps. Flexefits may also post a notice on the Site if a security breach occurs. Depending on where you live, you may have a legal right to receive notice of a security breach in writing. To receive a free written notice of a security breach, you should notify us at [email protected] The security of your personal information is important to us. When you enter sensitive information (such as social security number, national ID, personal health information) on our registration or order forms, we encrypt that information using secure socket layer technology (SSL).
- Electronic CommunicationWe will communicate with you via email. Flexefits intends to send regular email updates and occasional promotional offers that may be of interest to you. You may opt-out of these mailings at any time. If you do not want to receive marketing and promotional e-mails from us in the future, please let us know by sending us an e-mail to [email protected] or follow the unsubscribe instructions that are included in each email communication. This will not prevent us from sending you operational, account related or other non-marketing emails. If you wish to no longer receive these emails please deactivate your account by clicking on the Profile link after you log in and then clicking the Delete Account link at the bottom of the page. Alternatively, you can email our Customer Support at [email protected]Contacting UsIf you feel that this site is not following its stated information policy, you may contact us at [email protected]