MyEnroll Terms of Use

MyEnrollSM TERMS OF SERVICE

Benefit Allocation Systems, LLC (“BAS”) welcomes you to MyEnrollSM. 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, “MyEnroll”) 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 MYENROLL UNLESS YOU FIRST AGREE TO THESE TERMS.  Your employer or other contracting party may have a BAS MyEnroll.comSM Use and Administrative Services Agreement with BAS, or another agreement with BAS that applies to some or all of MyEnroll (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.

1.     Use of MyEnroll. There are two types of visitors to MyEnroll – 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 MyEnroll 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 MyEnroll 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 MyEnroll, in which case such individual may use MyEnroll 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 MyEnroll in connection with her or her ID and password, whether such access is authorized or unauthorized.

2.     Materials Submitted to MyEnroll. As part of your use of MyEnroll, you may submit or provide personal data, enrollment data, billing data, payment collection data, user data and other data, content or information (collectively, “Data”). MyEnroll may provide an SSL certificate or other equivalent security certificate to enable secure and encrypted communications between you and MyEnroll. 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.

3.     Proprietary Rights. As between you and BAS, BAS shall own all right, title, and interest in and to MyEnroll, algorithms, tools, data, software, specifications, documentation, reports and other work product developed or provided by BAS in connection with MyEnroll, including, without limitation, all intellectual property rights therein and modifications, improvements and derivatives thereof (collectively, “BAS Materials”). The BAS Materials, including, without limitation, MyEnroll, 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.

4.     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 MyEnroll 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 MyEnroll, and to deploy various methods to prevent abuse of MyEnroll, including, without limitation, any of the unauthorized activities discussed above.

5.     Disclaimer. The BAS Materials, including, without limitation, MyEnroll and the information and data provided in connection with MyEnroll, are for informational purposes only. Parties other than BAS may provide products, services, data or content on MyEnroll. Additionally, MyEnroll 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 MyEnroll, which relies in part on the accuracy and completeness of the materials and information BAS receives from you and/or third parties. MyEnroll is not intended to be a substitute for professional legal, medical, financial or coverage advice, and BAS in no way represents or warrants that MyEnroll 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.

MYENROLL, BAS MATERIALS, DATA, SERVICES, PRODUCTS, INFORMATION AND OTHER MATERIALS ON, IN AND MADE AVAILABLE THROUGH MyEnroll 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 MyEnroll, BAS MATERIALS, DATA AND OTHER SERVICES, PRODUCTS AND MATERIALS ON, IN AND MADE AVAILABLE THROUGH MyEnroll, 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.

6.     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 MYENROLL, SERVICES, PRODUCTS, DATA AND OTHER MATERIALS ON, IN AND MADE AVAILABLE THROUGH MyEnroll, 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 MYENROLL, 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).

7.     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 MyEnroll 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 MyEnroll, or any services on MyEnroll for infringement upon BAS’s proprietary rights, or for failure to comply with these Terms.

8.     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.

9.     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.

10.   Miscellaneous. MyEnroll 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, MyEnroll, services, products, information or other materials available on, in, or through MyEnroll, 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.

 

Dated:  February 1, 2017


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