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Benefit Allocation Systems, LLC and its subsidiaries and affiliates (hereafter referred to as “BAS” “we” or “our”) is committed to respecting your privacy and strives to maintain the privacy and security of your personal information.  

BAS is the developer of MyEnroll360, a web-based employee benefits administration tool used by employers who contract with BAS to communicate information to BAS for designated services. BAS offers MyEnroll360 as a software-as-a-service (SaaS) platform along with administrative support services for off-loading employer administrative processing, data interchange, reporting, call-center, among other, services.

The personally identifiable information (“PII”) in MyEnroll360 is provided by your employer or former employer in order for BAS to provide contracted services and/or provided by you to participate in a benefit offered by your employer/former employer. BAS collects, uses and discloses PII in MyEnroll360 at the direction of your employer/former employer to perform contracted services. If you wish to modify the information maintained in MyEnroll360 or if you wish to discuss your choice regarding the collection, use or disclosure of such information, you should contact your employer/former employer.

 

In addition to the PII in MyEnroll360 provided by your employer/former employer for BAS to perform contracted services, at times when using our website we may ask you to provide information about yourself. You may also input information into our site to participate in an employer-provided benefit.

 

This Online Privacy Statement addresses the privacy of the personally identifiable information you provide online, the PII provided by your employer/former employer, along with the information we receive through your use of our website. We reserve the right to amend, modify or supplement our privacy policy at any time in accordance with applicable law. We encourage you to read this Online Privacy Statement in full to learn how we treat your personal information and check back regularly for updates. We encourage you to discuss with your employer/former employer any questions you have about the information maintained in MyEnroll360, your desire to have your PII amended or corrected, and/or your rights with respect to our collection, use, sharing and disclosure of such information.

 

By using this site, you agree and consent to this Online Privacy Statement.

Awareness

BAS provides this Online Privacy Statement to make you aware of our online privacy policy and of the limited choices you can make about the way your information is collected and used.

What we collect

We collect personal information in various ways to better serve you. The information in MyEnroll360 is provided by your employer/former employer in order for us to provide contracted services. Sometimes the information is provided by you in order for you to participate in benefit provided by your employer/former employer.

When you visit our website, we do not ask for personal information besides user name and password. If you access our site using multi-factor identification (MFA), you may be asked to provide a telephone number. In addition, when using our site, we may ask for information such as your name, title, company, address, phone number, mailing address, email address, educational and employment information, and other relevant data if you correspond with us, request products, demos or services, apply for employment, or register to receive materials. If this information is already in MyEnroll360, we have obtained this information from your employer or former employer who authorized the use and collection of the PII.

When you visit our website, we automatically receive and record information from your computer and browser, including your IP address, software and hardware attributes and the website page you request. This information allows us to process your request correctly, to contact you should the need arise and to support your customer relationship with BAS.

In order to tailor our communications with you and continuously improve our products and services, we may also ask you to voluntarily provide us with information regarding your personal or professional interests, demographics, experience with our products, and contact preferences.

“Cookies”

We may collect and/or track information during your visit to our website through session-based “cookies” (small text files that are stored in the browser memory (not your PC’s hard drive) to identify your particular session in the site). Information may include, for example, (a) home service domain names, e-mail addresses, type of computer, and type of Web browser you use; (b) your e-mail address if you communicate with BAS or the site by e-mail; (c) information you knowingly provide in online forms, registration forms, surveys, etc. (including name, address, e-mail and other personal profile data); and (d) aggregate and user-specific information on which pages you access.

We may place cookies on your hard drives. Cookies can save data about you, such as your name, password, user-name, screen preferences, and pages viewed. When you revisit the site, we may recognize you by the cookie and customize your experience accordingly.

We use cookies to help us compile statistics about the usage of our website and to solve technical problems. Our use of cookies helps us improve content and personalize your user experience. However, by modifying your Internet browser preferences, you have the ability to accept all cookies, to be notified when a cookie is set, or to reject all cookies. You can also delete cookies from your computer. Please note that if you choose to reject all cookies or delete cookies, you will not be able to use those services or engage in those activities on our website that require the placement of cookies. For more information see www.allaboutcookies.org. This site uses Google analytics to help collect and analyze certain information about you.

Location Information

Any comment system on this site may use an opt-in geolocation service in accordance with a prevailing community standard such as HTML 5. Such geolocation opt-in ability is managed by your browser settings. If you opt-in to the geolocation service, your comments may be associated with your location, both internally within BAS and publicly on the site.

How we use it

BAS will use the information in your personal record in MyEnroll360 to perform services contracted by your employer/former employer. Such information will be used internally by BAS to perform services and may be shared externally if the services contracted by your employer/former employer directs the sharing of such information with third parties. We will share PII only with such third parties designated by your employer/former employer or third parties required for our business operations. Since our use of information is directed by your employer/former employer, you must contact your employer/former employer if you wish to place limitations on our collection, use or disclosure of such information.

BAS may use the information you provide when visiting our website to better understand your needs and provide you with better service. Specifically, we use your information to help you complete a transaction, to communicate back to you, to update you on services and benefits, respond to technical problems, and to personalize our website for you.

From time to time, we may use your information to contact you to provide you with marketing information we think would be of particular interest. We will give you the opportunity to opt out of receiving such marketing contact.

We also use information we collect for our internal purposes, in an aggregated form, to measure overall usage statistics, calculate the number of website visits, average time spent on the site, pages viewed, and other relevant data. We collect this information to measure the use of our website and to improve the content and processes of our website.

Who we share it with

BAS considers the personal information contained in our business records to be confidential. This includes the information you provide by visiting our website and the information you and/or your employer/former employer provides to BAS for the purpose of performing contracted services. 

BAS will not sell, rent, or lease your personally identifiable information to others. Unless we have your permission or are required by law, we will only share the personal data you provide online with other BAS entities, your employer/former employer and/or business partners of BAS and/or your employer/former employer who are acting on our behalf for the uses described above and to provide services contracted by your employer or former employer. Any BAS entities and/or business partners who have access to PII on the website are governed by our privacy policies with respect to the use of data and are bound by appropriate confidentiality obligations or applicable law.

Access

Links to third-party websites on our site are provided solely as a convenience to you. If you use these links, you will leave our website. BAS has not reviewed all of these third-party sites and does not control and is not responsible for any of these sites, their content or their privacy policies. Thus, BAS does not endorse or make any representations about them, or any information, software or other products or materials found there, or any results that may be obtained from using them. If you decide to access any of the third-party sites linked to this site, you do this entirely at your own risk. We encourage you to read the posted privacy statement of any and every site you visit, whether you are linking from our site or browsing on your own.

Disclaimer

The information contained on our site, including blog entries and news alerts, is for informational purposes only. This site is not intended to be a substitute for professional legal, medical, financial, coverage or any other advice and should not be construed as such. BAS in no way represents or warrants that this site provides any advice or assurances.

This site uses original photography as well as licensed stock photography for illustrative purposes; not all persons depicted are BAS employees.

THIS SITE AND THE DATA, SERVICES, PRODUCTS, INFORMATION AND OTHER MATERIALS ON, IN AND MADE AVAILABLE THROUGH THIS SITE ARE MADE AVAILABLE “AS IS” AND “WITH ALL FAULTS” AND AT YOUR OWN RISK.  BAS MAKES NO REPRESENTATIONS OR WARRANTIES, AND DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, WITH RESPECT TO THIS SITE INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

Security

BAS is committed to ensuring the security of your information. To prevent unauthorized access or disclosure, maintain data accuracy, and ensure the appropriate use of information, we have put in place reasonable physical, electronic, and managerial procedures to safeguard and secure the information we maintain and collect online. However, you should understand that no transmission over the Internet is ever fully secure. We limit access to personal information about you to only those of our employees who we believe reasonably need to come into contact with that information to provide products or services to you or in order to do their jobs. We share your information to provide services contracted by your employer/former employer and ensure privacy and security provisions are in place with respect to those services. We use encryption when collecting or transferring sensitive data such as ePHI, PII, and credit card information. We urge you to take every precaution to protect your personal information any time you are on the Internet by changing your passwords often, using a combination of letters and numbers, and making sure you use a secure browser, among other measures. 

Access to PII

You may obtain access to the information we hold about you by logging into MyEnroll360 with your unique user ID and password which will take you to our own individual record. If you desire changes to the information in our website, contact your employer/former employer.

Information from Children

BAS does not knowingly collect personal information from children under the age of sixteen (16) and does not wish to collect any such information. No one under the age of 16 should submit personal information through this site.

U.S. Based

This site is owned, managed and controlled from within the United States. BAS makes no representation that this site or any products, information or materials on or available through this site, are appropriate or available for use in other locations and access to them from territories where they are illegal is prohibited. Those who choose to access the site from other locations do so on their own volition and are responsible for compliance with applicable laws.

Amendment

BAS reserves the right to modify or amend this Online Privacy Statement at any time to reflect changes in activities that impact privacy by posting a revised Online Privacy Statement on our site. The changes will only affect the information we collect after the date of the change to our Online Privacy Statement.

If we are going to use your personal information in a way that is different from the Online Privacy Statement at the time of collection, we will try to contact you via email using the most recent information we have. If you have not given us permission to communicate with you, you will not be contacted, and we will not use your personal information in the new manner.

If you have comments or questions about our privacy policy, please send them to this email address: compliance@BASusa.com. You may also reach us at Benefit Allocation Systems, LLC, c/o General Counsel, PO Box 62407, King of Prussia, PA 19406.

 

© 2022 Benefit Allocation Systems, LLC, all rights reserved

Benefit Allocation Systems, LLC (“BAS”) welcomes you to MyEnroll360. You, for yourself and on behalf of any person, organization, entity, or employer for which you are acting (collectively, “you”), acknowledge that accessing, viewing, or using the software, data, information, and other products and services for administrator and/or employee self-service eligibility management, enrollment, data collection and reporting (collectively, “MyEnroll360”) made available by BAS is subject to the following terms and conditions (“Terms”). YOU MAY NOT ACCESS, VIEW, OR USE ANY MATERIAL, INFORMATION, PRODUCTS OR SERVICES AVAILABLE ON OR THROUGH MYENROLL360 UNLESS YOU FIRST AGREE TO THESE TERMS.  Your employer or other contracting party may have a BAS Use and Administrative Services Agreement with BAS, or another agreement with BAS that applies to some or all of MyEnroll360 (collectively, the “Use and Administrative Services Agreement”).  Any Use and Administrative Services Agreement shall govern with respect to those provisions that specifically conflict with the provisions of these Terms, and these Terms shall govern with respect to all other non-conflicting provisions.

• Use of MyEnroll360. There are two types of visitors to MyEnroll360 – employee users and client administrators (which shall both be referred to as “you” in these Terms, unless otherwise specified). Employee users may access and use MyEnroll360 at the direction of their employer, generally for self-service eligibility management, enrollment and other related benefits purposes as directed by their employer. Client administrators may access and use MyEnroll360 on behalf of their organizations to administer benefits for employees, perform data collection and reconciliation, manage billing matters, confirm enrollment and other related business purposes (except in the event that a client administrator is also an employee user of MyEnroll360, in which case such individual may use MyEnroll360 as an employee user and a client administrator, but each under separate login). Each client administrator and employee user will be assigned an ID and password and any transferring, sharing, or assigning of any ID or password to any person or entity is strictly prohibited. Each ID and password shall be personal to the applicable employee user or client administrator, and may not be used by anyone other than such employee user or client administrator. Each employee user and client administrator shall maintain the confidentiality of the IDs and passwords, and will be responsible for all uses of his or her ID or password and all access to MyEnroll360 in connection with her or her ID and password, whether such access is authorized or unauthorized.
• Materials Submitted to MyEnroll360. As part of your use of MyEnroll360, you may submit or provide personal data, enrollment data, billing data, payment collection data, user data and other data, content or information (collectively, “Data”). MyEnroll360 may provide an SSL certificate or other equivalent security certificate to enable secure and encrypted communications between you and MyEnroll360. You hereby acknowledge that all such security certificates are provided by third party certificate authorities. BAS shall not be responsible for any errors or omissions of third parties or defects in connection with security certificates. By providing Data, you represent that you have the full legal right to provide the Data and that use of the Data will not: (a) infringe any intellectual property rights of any person or entity or any rights of publicity, personality, or privacy of any person or entity, including, without limitation, as a result of your failure to obtain consent to post personally identifying or otherwise private information about a person; (b) violate any law, statute, ordinance, or regulation; (c) contain any viruses, Trojan horses, worms, time bombs, cancelbots, or other computer programming routines that damage, detrimentally interfere with, surreptitiously intercept, or expropriate any system, data or personal information, or that facilitate or enable such or that are intended to do any of the foregoing; or (d) constitute disclosure of any trade secret or other confidential information owned by any third party.
• Proprietary Rights. As between you and BAS, BAS shall own all right, title, and interest in and to MyEnroll360, algorithms, tools, data, software, specifications, documentation, reports and other work product developed or provided by BAS in connection with MyEnroll360, including, without limitation, all intellectual property rights therein and modifications, improvements and derivatives thereof (collectively, “BAS Materials”). The BAS Materials, including, without limitation, MyEnroll360, are protected pursuant to United States copyright, trademark, patent and other applicable laws. Under no circumstances will you have any rights of any kind in or to the BAS Materials, other than the right to use the BAS Materials in accordance with these Terms.
• Unauthorized Activities. You shall not (a) sell, rent, display, sublicense, summarize, or otherwise provide any BAS Materials to any other person or entity; (b) refer to, reproduce, distribute, make available, or use any item of the BAS Materials as part of any effort to develop any service or product having any characteristics, attributes, expressions, or quality similar to the services or products provided by BAS herein or to compete with BAS; (c) reverse engineer, copy, modify, create derivative works, alter, maintain, enhance, remove, or replace data or otherwise modify MyEnroll360 or other BAS Materials; or (d) make any unauthorized use or disclosure of any BAS Materials. You acknowledge and agree that the unauthorized use of the BAS Materials could cause irreparable harm to BAS and that in the event of such unauthorized use, BAS shall be entitled to an injunction in addition to any other remedies available at law or in equity. BAS reserves the right to audit and electronically monitor your use of MyEnroll360, and to deploy various methods to prevent abuse of MyEnroll360, including, without limitation, any of the unauthorized activities discussed above.
• The BAS Materials, including, without limitation, MyEnroll360 and the information and data provided in connection with MyEnroll360, are for informational purposes only. Parties other than BAS may provide products, services, data or content on MyEnroll360. Additionally, MyEnroll360 may contain links to other Internet Web sites for your convenience in locating information, products, or services that may be of interest. BAS, its subsidiaries, and affiliates are not responsible for and do not guarantee the accuracy or completeness of any data, information, services, products or other items contained within or provided by MyEnroll360, which relies in part on the accuracy and completeness of the materials and information BAS receives from you and/or third parties. MyEnroll360 is not intended to be a substitute for professional legal, medical, financial or coverage advice, and BAS in no way represents or warrants that MyEnroll360 provides any such advice or assurances. You agree that BAS is not acting as a fiduciary or agent for you and BAS shall have no responsibility to obtain or review for accuracy and compliance with applicable law the terms of any plan description, summary plan description, insurance contract, or other plan document regarding such plan.

MYENROLL360, BAS MATERIALS, DATA, SERVICES, PRODUCTS, INFORMATION AND OTHER MATERIALS ON, IN AND MADE AVAILABLE THROUGH MyEnroll360 IS MADE AVAILABLE “AS IS” AND “WITH ALL FAULTS” AND AT YOUR OWN RISK. BAS AND ITS LICENSORS MAKE NO REPRESENTATIONS OR WARRANTIES, AND DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, WITH RESPECT TO MyEnroll360, BAS MATERIALS, DATA AND OTHER SERVICES, PRODUCTS AND MATERIALS ON, IN AND MADE AVAILABLE THROUGH MyEnroll360, EXPRESS OR IMPLIED, WRITTEN OR ORAL, ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

• LIMITED Liability. BAS AND ITS LICENSORS SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, EXTRA-CONTRACTUAL, OR PUNITIVE DAMAGES OF ANY KIND WHATSOEVER, INCLUDING, WITHOUT LIMITATION, LOST REVENUES OR LOST PROFITS, WHICH MAY OR DO RESULT FROM THE USE OF, ACCESS TO, OR INABILITY TO USE MYENROLL360, SERVICES, PRODUCTS, DATA AND OTHER MATERIALS ON, IN AND MADE AVAILABLE THROUGH MyEnroll360, REGARDLESS OF LEGAL THEORY, WHETHER OR NOT YOU OR BAS HAD BEEN ADVISED OF THE POSSIBILITY OR PROBABILITY OF SUCH DAMAGES, AND EVEN IF THE REMEDIES OTHERWISE AVAILABLE FAIL OF THEIR ESSENTIAL PURPOSE. UNDER NO CIRCUMSTANCES WILL THE TOTAL LIABILITY OF BAS AND ITS LICENSORS TO YOU OR ANY OTHER PERSON OR ENTITY IN CONNECTION WITH, BASED UPON, OR ARISING FROM MYENROLL360, SERVICES, PRODUCTS, DATA OR OTHER MATERIALS OFFERED IN CONNECTION THEREWITH EXCEED TEN DOLLARS ($10). SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IF ANY PART OF THIS LIMITATION ON LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE TOTAL LIABILITY OF BAS AND ITS LICENSORS SHALL NOT EXCEED FIFTY DOLLARS ($50).
• Changes to these Terms; Termination. BAS reserves the right at any time to modify, alter or update the BAS Materials and/or these Terms. It is your obligation to review any new or revised Terms and your use of MyEnroll360 following any changes means that you agree to follow and be bound by the terms as changed. Except as otherwise provided in an applicable Use and Administrative Services Agreement, BAS may suspend or terminate these Terms and/or your ability to use MyEnroll360, or any services on MyEnroll360 for infringement upon BAS’s proprietary rights, or for failure to comply with these Terms.
• Governing Law. These Terms shall be governed by the laws of the Commonwealth of Pennsylvania, without regard to any rules of conflict or choice of laws which require the application of laws of another jurisdiction. In the event of a dispute between you and BAS, you irrevocably and unconditionally: (i) agree that any suit, action or other legal proceeding arising out of this agreement may be brought in any court in the geographic area covered by the Eastern District of Pennsylvania; (ii) consent to the jurisdiction of any such court in any such suit, action or proceeding; and (iii) waive any objection which such Party may have to the laying of venue of any such suit, action or proceeding in any such court. THE TERMS OF ANY APPLICABLE LAW NOW OR HEREAFTER ENACTED THAT IS BASED ON, DERIVED FROM, SIMILAR TO, OR CONNECTED WITH THE UNIFORM COMPUTER INFORMATION TRANSACTIONS ACT DRAFTED BY THE NATIONAL CONFERENCE OF COMMISSIONERS ON UNIFORM STATE LAWS SHALL NOT APPLY EXCEPT TO THE EXTENT THAT THE LAW EXPRESSLY PROHIBITS ALTERATION BY THESE TERMS OF THE APPLICABILITY OF ONE OR MORE SECTIONS OF THE LAW.
• Force Majeure. Notwithstanding anything to the contrary in these Terms, neither party will be deemed to be in default of any provision of the Terms for any delay, error, failure, or interruption of performance due to any act of God, terrorism, war, insurrection, riot, boycott, strike, or other labor or civil disturbance, interruption of power service, interruption of communications services, problems with the Internet, epidemic, act of any other person not under the control or direction of such party, or other similar cause. The party subject to any of the foregoing events shall give the other party reasonable written notification of any resulting material or indefinite delay.
• MyEnroll360 is owned, managed and controlled from within the United States. Without limiting anything else, BAS makes no representation that the BAS Materials, including, without limitation, MyEnroll360, services, products, information or other materials available on, in, or through MyEnroll360, are appropriate or available for use in other locations, and access to them from territories where they are illegal is prohibited. Those who choose to access the BAS Materials from other locations do so on their own volition and are responsible for compliance with applicable laws. The waiver or failure of BAS to exercise in any respect any right provided hereunder shall not be deemed a waiver of such right in the future or a waiver of any of other rights established under these Terms. In the event one or more of the provisions of these Terms or the application thereof to any circumstance are found to be invalid or unenforceable to any extent, the remaining provisions shall continue in full force and effect. The following provisions of this Agreement will survive expiration or termination of these Terms: Sections 3, 4, 5, 6 and 10.

Updated:  June 16, 2020

Copyright © 2020 Benefit Allocation Systems, LLC; All rights reserved.

Benefit Allocation Systems, LLC (“BAS”) provides a Secure File Transfer Protocol site (“SFTP site”) designed to securely transfer information between BAS and User. By accessing the SFTP site, User agrees to the terms and conditions set forth herein. USER MAY NOT ACCESS, VIEW OR USE ANY MATERIAL, INFORMATION, PRODUCTS OR SERVICES AVAILABLE ON OR THROUGH THE SFTP SITE UNLESS USER FIRST AGREES TO THESE TERMS. 

Services

BAS’ SFTP site allows Users to send to and receive files from authorized parties. All transactions through the SFTP site are strictly limited to matters relating to the administrative services identified in the contracting documents between BAS and the Client on whose behalf the User accesses the SFTP site. The terms and conditions of services are set forth in an agreement between BAS and the Client. All Users of the SFTP site agree to act within the scope of the agreement between BAS and the Client and are responsible for the proper management and safe-keeping of all information received through the SFTP site.

User Names, Passwords and Accessibility

Each User will be assigned a user ID and password providing access to a specified folder on the SFTP site. Each User is required to keep login credentials confidential and not share credentials with any other person. User will inform BAS promptly of any unauthorized use of user ID or password and will be solely responsible for all activities occurring under User’s ID and password. User must notify BAS promptly in the event User no longer needs access to the site. User agrees that User or a representative of the Client will notify BAS immediately in the event User terminates employment with the Client. User may not use SFTP access credentials, attempt to access the SFTP site, or download any files from the site if User is no longer employed with the Client.

Materials

By providing information to the SFTP site, User represents that User has the full legal right to provide the information and that use of the information will not: (a) infringe any intellectual property rights of any person or entity or any rights of publicity, personality, or privacy of any person or entity, including, without limitation, as a result of User’s failure to obtain consent to post personally identifying or otherwise private information about a person; (b) violate any law, statute, ordinance, or regulation; (c) contain any viruses, Trojan horses, worms, time bombs, cancelbots, or other computer programming routines that damage, detrimentally interfere with, surreptitiously intercept, or expropriate any system, data or personal information, or that facilitate or enable such or that are intended to do any of the foregoing; or (d) constitute disclosure of any trade secret or other confidential information owned by any third party.

User agrees to download any files placed on the SFTP site for User’s access within five (5) business days of receiving notice of the availability of the files. Data remaining in the User folder on the SFTP site after thirty (30) days may be deleted and may not be able to be recovered. Any request to replicate data (which may or may not be possible) will be subject to additional charge.

Confidentiality

Information on the SFTP site may contain protected health information (PHI), personally identifiable information (PII), trade secrets or other proprietary information. After downloading such information. User will apply appropriate privacy, security and confidentiality protections commensurate with protections it would apply to Client information of like character. User understands that once the information is downloaded from the SFTP site, such material is no longer protected and BAS disclaims all actions with respect to the use or disclosure of such information. When User uploads information to the SFTP site that contains PHI, User agrees to provide only the minimum amount necessary to accomplish the service objectives.

Proprietary Rights

As between User and BAS, BAS shall own all right, title, and interest in and to information uploaded by BAS to the SFTP site (“BAS Materials”), including but not limited to algorithms, tools, data, software, specifications, documentation, reports and other work product developed or provided by BAS in connection with performing services. BAS wons all intellectual property rights to and modifications, improvements and derivatives thereof to BAS Materials uploaded by BAS to the SFTP site. BAS Materials may be protected pursuant to United States copyright, trademark, patent and other applicable laws. Under no circumstances will User have any rights of any kind in or to the BAS Materials, other than the right to use the BAS Materials in accordance with these terms and the terms of the services agreement between the Client and BAS.

Unauthorized Activities

User shall not (a) sell, rent, display, sublicense, summarize, or otherwise provide any BAS Materials to any other person or entity; (b) refer to, reproduce, distribute, make available, or use any item of the BAS Materials as part of any effort to develop any service or product having any characteristics, attributes, expressions, or quality similar to the services or products provided by BAS or to compete with BAS; (c) reverse engineer, copy, modify, create derivative works, alter, maintain, enhance, remove, or replace data or otherwise modify copyrights BAS Materials; or (d) make any unauthorized use or disclosure of any BAS Materials. User acknowledges and agrees that the unauthorized use of BAS Materials that are copyrights or proprietary could cause irreparable harm to BAS and that in the event of such unauthorized use, BAS shall be entitled to an injunction in addition to any other remedies available at law or in equity. BAS reserves the right to audit and electronically monitor User’s use of the SFTP site.

Disclaimer

The information provided by BAS through the SFTP site is for informational purposes only. BAS is not responsible for and does not guarantee the accuracy or completeness of any information uploaded by BAS to the SFTP site. Use of information in the SFTP site is not intended to be a substitute for professional legal, medical, financial or coverage advice.

BAS MATERIALS, DATA, SERVICES, PRODUCTS, INFORMATION IN AND MADE AVAILABLE THROUGH THE SFTP SITE IS MADE AVAILABLE “AS IS” AND “WITH ALL FAULTS” AND AT USER’S OWN RISK. BAS AND ITS LICENSORS MAKE NO REPRESENTATIONS OR WARRANTIES, AND DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, WITH RESPECT TO BAS MATERIALS, DATA AND OTHER SERVICES, PRODUCTS AND MATERIALS ON, IN AND MADE AVAILABLE THROUGH THE SFTP SITE, EXPRESS OR IMPLIED, WRITTEN OR ORAL, ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

BAS AND ITS LICENSORS SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, EXTRA-CONTRACTUAL, OR PUNITIVE DAMAGES OF ANY KIND WHATSOEVER, INCLUDING, WITHOUT LIMITATION, LOST REVENUES OR LOST PROFITS, WHICH MAY OR DO RESULT FROM THE USE OF, ACCESS TO, OR INABILITY TO USE THE SFTP SITE, SERVICES, PRODUCTS, DATA AND OTHER MATERIALS ON, IN AND MADE AVAILABLE THROUGH THE SFTP SITE, REGARDLESS OF LEGAL THEORY, WHETHER OR NOT USER OR BAS HAD BEEN ADVISED OF THE POSSIBILITY OR PROBABILITY OF SUCH DAMAGES, AND EVEN IF THE REMEDIES OTHERWISE AVAILABLE FAIL OF THEIR ESSENTIAL PURPOSE. UNDER NO CIRCUMSTANCES WILL THE TOTAL LIABILITY OF BAS AND ITS LICENSORS TO USER OR ANY OTHER PERSON OR ENTITY IN CONNECTION WITH, BASED UPON, OR ARISING FROM THE SFTP SITE, SERVICES, PRODUCTS, DATA OR OTHER MATERIALS OFFERED IN CONNECTION THEREWITH EXCEED TEN DOLLARS ($10). SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO USER. IF ANY PART OF THIS LIMITATION ON LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE TOTAL LIABILITY OF BAS AND ITS LICENSORS SHALL NOT EXCEED FIFTY DOLLARS ($50).

Changes to Terms; Termination

BAS may, at any time, terminate any User’s access to the SFTP site and/or terminate the SFTP site.

BAS also reserves the right to modify, alter or update these Terms of Use. It is User’s obligation to review any new or revised Terms of Use, and use of the SFTP site following any changes means that User agrees to follow and be bound by the revised Terms of Use.

Governing Law

These Terms of Use shall be governed by the laws of the Commonwealth of Pennsylvania, without regard to any rules of conflict or choice of laws which require the application of laws of another jurisdiction. In the event of a dispute between User and BAS, User irrevocably and unconditionally: (i) agrees that any suit, action or other legal proceeding arising out of this agreement may be brought in any court in the geographic area covered by the Eastern District of Pennsylvania; (ii) consents to the jurisdiction of any such court in any such suit, action or proceeding; and (iii) waives any objection which User may have to the laying of venue of any such suit, action or proceeding in any such court. THE TERMS OF ANY APPLICABLE LAW NOW OR HEREAFTER ENACTED THAT IS BASED ON, DERIVED FROM, SIMILAR TO, OR CONNECTED WITH THE UNIFORM COMPUTER INFORMATION TRANSACTIONS ACT DRAFTED BY THE NATIONAL CONFERENCE OF COMMISSIONERS ON UNIFORM STATE LAWS SHALL NOT APPLY EXCEPT TO THE EXTENT THAT THE LAW EXPRESSLY PROHIBITS ALTERATION BY THESE TERMS OF THE APPLICABILITY OF ONE OR MORE SECTIONS OF THE LAW.

Force Majeure 

Notwithstanding anything to the contrary in these Terms of Use, neither party will be deemed to be in default of any provision of the Terms of Use for any delay, error, failure, or interruption of performance due to any act of God, terrorism, war, insurrection, riot, boycott, strike, or other labor or civil disturbance, interruption of power service, interruption of communications services, problems with the Internet, epidemic, act of any other person not under the control or direction of such party, or other similar cause. The party subject to any of the foregoing events shall give the other party reasonable written notification of any resulting material or indefinite delay.

 

SFTP Site Terms of Use Version 6.2020