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Privacy Policy

As part of the day-to-day business operations of the Plan Service Provider (PSP), including operation of the MyFlexOnLine Web site, we receive and maintain certain information regarding our clients and participants. Information received by PSP through the administrative practice and from the MyFlexOnline Website depends in part on what you do when you visit or transact business on the MyFlexOnline Website. PSP respects the privacy of every individual who visits our Web site. Therefore, we would like to define the types of information we receive and describe how it is maintained in this privacy policy ("Privacy Policy").

USING THIS WEB SITE CONFIRMS YOUR CONSENT AND AGREEMENT TO OUR PRIVACY POLICY, INCLUDING COLLECTION, USE AND DISCLOSURE OF INFORMATION BY PSP AS DESCRIBED HEREIN.

Guests - Browsers of our Web site often visit solely to obtain general information about PSP’s operations and services. If you visit our Web site to read or download information, you enter our secured site as a guest. As a guest, we collect and store only the following information: the name of the domain from which you access the Internet (for example: aol.com, if you connect from an America Online account), the date and time you accessed our site and the Internet address of the Web site from which you linked directly to our site. We use this information to measure the number of visitors to the different sections of our site and to help us make our site more useful to visitors.

Clients and Participants – Browsers, who participate in the Flexible Benefit Plan, can access our Web site to conduct transactions such as check claim status, and verify personal and benefit information. Prior to utilization of these services, PSP may ask for personal information (such as social security number, employer zip code, and e-mail address) to verify appropriate usage. This information is collected during registration at which time, you will be asked to create a user name and password. PSP, its employees or affiliates will not have access to your user name and password that you create. Upon receipt of your registration, PSP generates a confirmation letter to your address of record for additional security. If you receive this notification by mail and did not register to access the services available on our Web site, please contact your Plan Service Provider immediately by clicking on the "Contact Us" button. There you will find the name, address, phone number and e-mail address for your Plan Service Provider.

Under 13 Years of Age – The PSP often covers minor dependants through their parent or legal guardian’s Plan. Children under the age of 13 can access our site as guests. Should they wish to use a service or feature available through the MyFlexOnline Website, we require that they do so with the permission of their legal guardian (i.e. user name and password of legal guardian). PSP will not knowingly collect or use any personal information regarding a user under the age of 13 without the consent of a parent or guardian. Should you have any additional questions, please contact us by clicking on the "Contact Us" button. There you will find the name, address, phone number and e-mail address from your Plan Service Provider.

Please do not send e-mail to us with personal information. The PSP has no way to secure personal information sent via e-mail because this information can be accessed by other users on the Internet. If you send us e-mail to ask a question, we will only use the information you provide to answer your request. Personal information will not be provided to a non-affiliated third party without your prior consent, except as permitted by federal and state law. If you have submitted information about yourself through our Web site and/or e-mail message and would like for us to delete that information from our records, please send an e-mail to the Plan Service Provider. We will make every effort to delete your personal information from our files.

Statistical Data – The PSP continually strives to enhance the features and services that are offered to our Web site browsers. In an effort to determine the effectiveness and functionality of our Web site, we monitor aggregated data regarding the use of our Web site. For instance, we track the number of visits to a certain page; direct links from other Web sites; and frequency of usage for independent services (i.e. claim status, application for coverage, etc). Questionnaires or surveys, during usage, are sometimes utilized to develop and improve the services offered.

Although questionnaires and surveys assist the PSP in enhancing the services offered through our Web site, we understand that not everyone is comfortable participating. Therefore, questionnaires and surveys are not mandatory for our users and allow the user to choose not to participate. We may share statistical data with our affiliates, brokers, and providers for marketing purposes and the improvement and promotion of our Web site services. Although we reserve the right to share this information as indicated above, this statistical data, including questionnaires and surveys, does not contain any personal information that could disclose the user’s identity.

Direct Access to Other Sites –The PSP offers direct links to other separate and individual Web sites that offer information, which could be beneficial to our clients and participants. Since these direct links are separate Web sites independent of the MyFlexOnline Website, they may not follow the same privacy guidelines set forth here. The PSP assumes no responsibility or control over the acts or privacy policies of the third party Web sites to which the PSP provides direct links. We suggest that you contact the appropriate controlling authorities of these sites or review their privacy policy.

Disclosure of Non-Public Personal Information - PSP discloses or reserves the right to disclose all the nonpublic personal information the company collects and maintains about you to its affiliates.

The company may also disclose, and reserves the right to disclose, any of your nonpublic personal information to nonaffiliated third parties as permitted by law.

The PSP otherwise does not disclose nonpublic information about its customers or former customers to nonaffiliated third parties.

Personal information may be transmitted to a third party, however, if there is specific need to complete a transaction requested by you.

Collecting and maintaining information –The PSP collects nonpublic personal information about you from the following sources:

Information received from you on applications or other forms; and

Information obtained from your transactions with the company, it affiliates, or others.

In general, if you visit our Web site, the PSP collects personal information from you only for the purpose of completing transactions that are requested by you.

Correction/Updating Personal Information

If the personally identifiable information of a user of our services changes or a group’s information changes, or if the group no longer desires to use the services on this Web site, the PSP will endeavor to provide a way to correct, update or remove that groups’ or user’s personal data. To correct or update personal information, contact the PSP by clicking the "Contact Us" button. There you will find the name, address, phone number and e-mail address for your Plan Service Provider.

Access to your Personal Information - We will provide you with the means to ensure that your personal information is correct and current. You may review and update this information at any time through your employer. You can:

View and edit personal information you have already provided

You also have a significant role in protecting your information. No one can see or edit your personal information without knowing your Username and Password, so do not share these with others.

Security

PSP takes precautions to protect its users’ personal non-public information. When users submit sensitive information to the PSP, the information is protected both online and off-line.

When the registration/login form asks users to enter sensitive information, that information is encrypted and is protected with the current version of Microsoft SSL encryption software. While on a secure page, such as the login page, the lock icon on the bottom of Web browsers such as Netscape Navigator and Microsoft Internet Explorer becomes locked, as opposed to unlocked, or open, when you are just "surfing". The servers that store the information on this Web site are kept in a secure environment.

The PSP may send out periodic e-mails informing you of technical changes to the law or information concerning your account balance(s).You will not be able to unsubscribe to these mailings, as they are considered an essential part of the service selected by your employer.

The PSP Reserves The Right To Modify Its Privacy Policy – The PSP reserves the right to change or update this Privacy Policy at any time. Any changes made to our privacy policy will be posted on this site in a manner that is easily identifiable. Please review our privacy policy on a regular basis to review any changes.

You do not need to call or do anything as a result of this notice. It simply informs you of how PSP Business Services, Inc. protects your nonpublic personal information.

E-mail

The provisions of our privacy policy must be followed. Please be aware that information you provide to us via e-mail and the e-mail response we return to you will NOT be secure.

Please do not include any health or claim-related information in your e-mail correspondence. This includes Medicare numbers, Social Security numbers, personal medical information, or other confidential items. If you have a question about a specific claim, please call or write to the PSP’s office.

If we are unable to determine the source of any e-mail, we will send a return message requesting identification of the sender. Please note that we cannot accept attachments with e-mail correspondence.

The provisions of the Privacy Act must be followed. Requests for documents covered by the Freedom of Information Act must be submitted to the Plan Service Provider’s office in writing. Contact your Plan Service Provider by clicking on the "Contact Us" button. There you will find the name, address, phone number and e-mail address for your Plan Service Provider

Please see our Privacy Policy, guidelines for e-mail Correspondence, and other Legal Information for this site.

Usage Agreement

This Usage Agreement ("Agreement") is entered into by and between the Plan Service Provider ("PSP"), and you, the user ("you", "your", or "user"), and governs your use of the MyFlexOnline.com Internet Web site available on the World Wide Web at the Uniform Resource Locater ("URL") https://www.MyFlexOnline.com ("MyFlexOnline"). This Agreement sets forth the terms and conditions which apply to all users of "MyFlexOnline", including but not limited to healthcare providers, office administrators, flexible benefit plan administrators, brokers, employers and flexible benefit plan members, whether registered users or guest users.

BY USING "MYFLEXONLINE" OR THE SERVICES AVAILABLE ON "MYFLEXONLINE", YOU AGREE TO THE TERMS OF THIS AGREEMENT JUST AS IF YOU HAD SIGNED THE AGREEMENT. IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, YOU MAY NOT USE ANY OF THE SERVICES AVAILABLE THROUGH THIS SITE.

1. Agreement with PSP.

"MyFlexOnline" is an Internet service operated under the name of the PSP and a license granted to the PSP, by MHM Resources LLC ("Licensor"). PSP hereby grants you a limited, non-exclusive, non-assignable and non-transferable license to access and use the on-line services available at "MyFlexOnline", provided and expressly conditioned upon your acknowledgement and agreement that all such access and use shall be governed by all of the terms and conditions set forth in this Agreement, as set forth herein.

2. Access.

Certain restricted sections of "MyFlexOnline" will be accessible only to you or your personnel identified to PSP. All information about users provided to PSP must be current, accurate, and complete. If PSP at any time discovers any error or omission in the information that you provide, PSP may, at its option, terminate the right to access and use the password-protected sections of "MyFlexOnline" by any user. You are responsible for the acts or omissions by your personnel’s use of "MyFlexOnline", and for any damages incurred by you as a result thereof. Users must abide by these terms and conditions, as may be amended from time to time by PSP in its sole discretion. You may be asked to accept additional terms and conditions prior to enrolling in or using certain additional services offered through "MyFlexOnline".

3. Agents.

Certain services offered through "MyFlexOnline" will be accessed and used by authorized agents of PSP and authorized members of their staff. If you are an agent or authorized representative, it is your sole responsibility to identify members of your staff who should be permitted to access and use "MyFlexOnline", and to authorize, monitor and control access to and use of "MyFlexOnline" by your staff members.

4. Patient Data and Legal Compliance.

The services provided through "MyFlexOnline" may enable users (including duly appointed agents of users) to transmit, store and receive certain confidential patient information ("Patient Information"). State or federal laws, as well as ethical or licensure requirements of the medical profession, may impose obligations with respect to patient confidentiality that limit the ability of physicians, health care providers, and persons acting on their behalf, to make use of certain services or to transmit certain information to third parties. You represent and warrant that you will, at all times during the term of this Agreement and thereafter, comply with all laws directly or indirectly applicable to you that may now or hereafter govern the gathering, use, transmission, processing, receipt, reporting, disclosure, maintenance, and storage of the Patient Information, and use your best efforts to cause all persons or entities under your direction or control to comply with such laws. You are, at all times during the term of this Agreement and thereafter, solely responsible for obtaining and maintaining all patient consents and all other legally necessary consents or permissions required or advisable to disclose, process, retrieve, transmit, and view the Patient Information you transmit, store or receive in connection with "MyFlexOnline" or the services provided thereon. You agree that PSP, our licensors, and all other persons or entities involved in the operation of services provided through "MyFlexOnline", have the right to monitor, retrieve, store and use Patient Information in connection with the operation of such services, and are acting on your behalf in transmitting Patient Information. PSP agrees to use commercially reasonable efforts to maintain the confidentiality of such information and prevent the disclosure of such information to third parties except in connection with the transmission, storage, retrieval, and disclosure of such information on your behalf as may be required or permitted by law. WE CANNOT AND DO NOT ASSUME ANY RESPONSIBILITY FOR YOUR USE OR MISUSE OF PATIENT INFORMATION OR OTHER INFORMATION TRANSMITTED, MONITORED, STORED OR RECEIVED USING THE SITE OR THE SERVICES.

5. Use of Information.

A. The term "Information" shall mean all content, data and the related subscriptions, products, services and information provided by PSP or obtained through "MyFlexOnline". PSP has entered into agreements with certain sponsors, third-party Web site operators and other third-party providers whereby PSP displays information, products, goods, or services offered by the third-party providers, either independently or in conjunction with PSP, and provides links from "MyFlexOnline" to third-party Web sites (the foregoing third-party providers are collectively referred to as "Third-Party Providers"). The term "Information" also refers to Information of the same nature described herein which is offered by Third-Party Providers, and, for purposes of this Agreement, the term "PSP" shall also include Third-Party Providers.

B. Despite the fact that PSP facilitates services and the use of Information from Third-Party Providers does not create, and is not intended to create, a legal affiliation between PSP and such Third-Party Providers. Further, PSP shall not be held liable, directly or indirectly for any loss or damage caused by your use of any external site, Third-Party Provider Information, product or service. Statements, including without limitation, advice and recommendations made on "MyFlexOnline" concerning, but not limited to, various aspects of healthcare and the administration and management of healthcare policies, claims and benefits are intended solely to provide educational and informational aid and are not intended to be, nor should they be considered, a substitute for professional advice from a provider of healthcare or healthcare related payment, services or benefits.

THE USER IS HEREBY ADVISED TO CONSULT A PHYSICIAN OR OTHER HEALTHCARE PROFESSIONAL REGARDING HEALTHCARE NEEDS AND CONCERNS AND TO CONTACT THE USER’S OWN EMPLOYER, HEALTHCARE ADMINISTRATOR, MANAGER AND BENEFIT PROVIDER, AS NEEDED.

C. Furthermore, "MyFlexOnline" may include facts, views, opinions and recommendations of individuals and organizations, which are clearly not affiliated with PSP. PSP may point or link to other sites located on services maintained by third parties that may be of interest to you, but for which PSP has no responsibility. PSP does not guarantee that a link will be provided to enable every user to reach their intended party (is) including, but not limited to physician offices and health plan benefit offices. In addition, PSP does not guarantee or warrant the availability, accuracy, completeness or timeliness of or otherwise endorse any of these views, opinions or recommendations. PSP provides such linking functions only as a service to you and makes no representation or warranty as to the accuracy or any other aspect of the information contained on such Internet servers or sites. The Internet is a global network of computers that you use at your own risk. Certain sites on the Internet carry controversial, sexually explicit or other inappropriate materials. Neither PSP nor its affiliates have control over or the ability to censor the Internet.

6. Ownership.

(a) The information found at "MyFlexOnline" and all pages of "MyFlexOnline" represent the valuable, exclusive property of PSP or its licensors, licensees or Third-Party Providers and are copyrighted material. The logos, page headers, custom graphics, buttons, and other icons contain, reflect or are proprietary service marks, trademarks, or registered service marks, registered trademarks of PSP (collectively, "Trademarks"). Nothing in this Agreement shall be construed as transferring or assigning any ownership rights to you or any other person or entity.

(b) Except as expressly permitted in this Agreement, you may not copy, reproduce, republish, upload, post, transmit, adapt, distribute, commercially exploit, or publicly display the Information or any portion thereof or any Trademarks in any manner whatsoever without prior written consent from PSP. You may not remove, alter, use, display, modify, copy or obscure any copyright, Trademarks, legal or proprietary notices in or on any portions of the Information.

7. Restrictions.

You may not store in the memory of your computer and may not manipulate, analyze, reformat, print and/or display the Trademarks or Information received or accessed through "MyFlexOnline" in any manner that is inconsistent with this Agreement. You may not resell, redistribute, broadcast or transfer the Information or Trademarks or use the Information in a searchable, machine-readable database or file. Unless separately and specifically authorized in a writing signed by PSP, you may not rent, lease, sublicense, distribute, transfer, copy, reproduce, publicly display, publish, adapt, store or time-share on "MyFlexOnline", any part thereof, or any of the Information or Trademarks received or accessed there from, to, or through any other person or entity. You agree to use "MyFlexOnline" and the Information for lawful purposes only. You agree not to post or transmit any information through "MyFlexOnline" which (1) infringes the rights of others or violates their privacy or publicity rights, (2) is unlawful, threatening, abusive, defamatory, libelous, vulgar, obscene, profane, indecent or otherwise objectionable, or (3) is protected by copyright, trademark or other proprietary right without the express permission of the owner of such right. You shall be solely liable for any damages resulting from any infringement of copyright, trademark or other proprietary right, or any other harm resulting from any uploading, posting or submission and shall indemnify PSP in accordance with Section 15 for any claims or actions brought by third parties who allege that you have violated this Section 4.

8. Submissions.

If you send us suggestions, ideas, notes, computer programs, data, drawings, concepts or other information of any kind (collectively, "Ideas"), the Ideas shall be deemed, and shall remain, the sole and absolute property of the web site’s Licensor. Except as set forth in the "MyFlexOnline" Privacy Policy, none of the Ideas shall be subject to any obligation of confidence on the part of PSP and PSP shall not be liable for any use or disclosure of any Ideas. Without limitation of the foregoing, Licensor shall exclusively own all now known or hereafter existing rights to the Ideas of every kind and nature throughout the universe and shall be entitled to unrestricted use, not inconsistent with the "MyFlexOnline" Privacy Policy, of the Ideas for any purpose whatsoever, commercial, or otherwise, without compensation to the provider of the Ideas. Unless otherwise provided, you hereby grant to Licensor a worldwide, royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display any message posted in the forums at "MyFlexOnline" or any e-mail sent by you to PSP (in whole or in part) and to incorporate it in other works in any form, media or technology now known or later developed, except to the extent any of the foregoing would be inconsistent with the "MyFlexOnline" Privacy Policy.

9. Linking.

You may create a link from your personal computer or Web site. You may not create a link in any manner reasonably likely to: 1) imply affiliation with or endorsement or sponsorship by PSP; 2) cause confusion, mistake, or deception; 3) dilute PSP’s Trademarks or service marks; or 4) otherwise violate U.S. state or federal law or the law of any other jurisdiction.

10. Changes to Agreement.

PSP reserves the right to modify the terms and conditions of this Agreement and "MyFlexOnline". Such modifications may include, without limitation, changes in services, implementation of user priorities or rules, and discontinuance of functional aspects of "MyFlexOnline". PSP may also add, withdraw or modify Information within "MyFlexOnline" or services or products provided throughout "MyFlexOnline" at any time in its sole discretion or cancel any link to a Third-Party Provider Web site. All notices and statements described above shall be displayed on-line, and when displayed shall constitute effective notice under this Agreement on the day PSP places them on "MyFlexOnline". You agree to review the terms and conditions of this Agreement periodically to be aware of such revisions.

11. Password Disclosure.

If, at any time, you learn or suspect that your user name or login password has been disclosed or otherwise made known to any person other than yourself, you agree to immediately notify PSP via e-mail or in writing within twenty-four (24) hours. Upon receiving such notice, PSP will assign a new password to you within a reasonable period.

12. Delays in Services.

Neither PSP nor any of its licensors, licensees and Third-Party Providers (including their officers, directors, employees, affiliates, agents, representatives or subcontractors) shall be liable for any loss or liability resulting, directly or indirectly, from delays or interruptions due to system failures, date-data processing failures, telephone problems, utility failures or problems, defects, weather strikes, walkouts, fire, acts of God, riots, armed conflicts, acts of war, or to other like causes. PSP shall have no responsibility to provide access to "MyFlexOnline" while any such interruption continues.

13. Termination.

Termination or cancellation of this Agreement shall not affect any right or relief to which PSP may be entitled, at law or in equity. Upon termination of this Agreement, all rights granted to you will immediately terminate and revert to PSP. PSP may immediately terminate this Agreement for any of the following reasons: (a) any unauthorized access or use by you, including without limitation: (I) concurrent access of "MyFlexOnline" with identical user identification numbers; (ii) permitting another person or entity to use your user identification number or password to access "MyFlexOnline"; or (iii) any other access or use of "MyFlexOnline" which is not expressly authorized by this Agreement; (b) any assignment or transfer of, or attempt by you to assign or transfer, any rights granted to you under this Agreement; (c) your failure to abide by the rules and regulations relating to the use of, or tamper with or alter any of the Information, copyrights or Trademarks contained in, or accessed through, "MyFlexOnline"; (d) any transmission or receipt of, or attempt by you to transmit or receive, submissions or "Ideas" using "MyFlexOnline" (or cause the same), in violation of Section 3 herein PSP, at its sole discretion, shall determine whether any information transmitted or received violates this provision); or (e) any violation of any of the other terms and conditions of this Agreement.

14. Monitoring.

You acknowledge that PSP reserves the right to monitor all Information or transmissions sent or received through "MyFlexOnline". PSP, at its sole discretion and without further notice to you, may (but is not obligated to) review, censor or prohibit the transmission or receipt of any Information or transmission which PSP deems as inappropriate or as violating any term or condition of this Agreement. During monitoring, Information or transmission may be examined, recorded, copied, and used for authorized purposes. By using "MyFlexOnline", authorized or unauthorized, you consent to such monitoring. Unauthorized uses and unauthorized users of "MyFlexOnline" will be prosecuted fully of the law. Use of Information associated with monitoring "MyFlexOnline" is subject to The "MyFlexOnline" Private Policy.

15. Equipment and Operation.

You shall provide and maintain all telephone, software, computer hardware and other equipment necessary to access "MyFlexOnline", and the costs of any such equipment and/or telephone connections or use, including any applicable taxes, shall be borne solely by you. You are responsible for operating your own equipment and for familiarity with the Information used with or available through "MyFlexOnline." PSP reserves the right to refuse, if you seek assistance with PSP with respect to matters not directly relating to "MyFlexOnline".

16. Disclaimer of Warranties.

You acknowledge that the Third-Party Provider Information, Web sites and links provided through "MyFlexOnline" are sources, which are beyond the control of PSP. Though such Information is recognized by the parties to be generally reliable, the parties acknowledge that inaccuracies may occur and PSP and its licensors and Third-Party Providers do not warrant the accuracy or suitability of the Information. FOR THIS REASON, YOU ACKNOWLEDGE THAT THE SERVICES AVAILABLE TO YOU THROUGH "MYFLEXONLINE" ARE PROVIDED TO YOU ON AN "AS IS," "WHERE IS" BASIS. PSP AND ITS LICENSORS AND THIRD-PARTY PROVIDERS EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, WHETHER EXPRESS, ORAL, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE OR APPLICATION AND ANY IMPLIED WARRANTY OF MERCHANTABILITY, ANY WARRANTIES ARISING BY VIRTUE OF CUSTOM OF TRADE OR COURSE OF DEALING AND ANY IMPLIED WARRANTIES OF TITLE OR NON-INFRINGEMENT OR ADEQUACY TO PRODUCE ANY PARTICULAR RESULT.

FURTHER, PSP AND ITS LICENSORS AND THIRD-PARTY PROVIDERS DO NOT REPRESENT OR WARRANT THE ACCURACY, RELIABILITY, OR THE RESULTS OF THE USE OF "MYFLEXONLINE", THE SERVICES OR PRODUCTS PROVIDED BY "MYFLEXONLINE", OR THE KNOW-HOW OR OTHER INFORMATION PROVIDED THROUGH OR FOUND AT "MYFLEXONLINE" OR THAT "MYFLEXONLINE" WILL MEET YOUR REQUIREMENTS OR WILL BE SUITABLE FOR YOUR NEEDS.

FURTHERMORE, YOU ACKNOWLEDGE AND AGREE THAT THE SERVICES, RESULTS OF THE SERVICES AND/OR ANY STATEMENTS MADE ABOUT ANY OF THE SERVICES AVAILABLE THROUGH "MYFLEXONLINE" HAVE NOT BEEN EVALUATED BY ANY U.S. OR OTHER GOVERNMENTAL AUTHORITY, INCLUDING WITHOUT LIMITATION, THE FOOD AND DRUG ADMINISTRATION (THE "FDA"), AND THAT THESE SERVICES ARE NOT INTENDED TO DIAGNOSE, TREAT, CURE OR PREVENT ANY DISEASE. "MYFLEXONLINE" DOES NOT CONTAIN ALL MEDICAL INFORMATION THAT MAY BE RELEVANT AND SHOULD NOT BE USED AS A SUBSTITUTE FOR SEEKING PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, TREATMENT OR CARE. ALL SPECIFIC MEDICAL QUESTIONS YOU HAVE ABOUT YOUR MEDICAL CONDITION, TREATMENT, CARE OR DIAGNOSIS SHOULD BE PRESENTED TO YOUR OWN PROFESSIONAL HEALTHCARE PROVIDER.

PSP ALSO PROVIDES NO WARRANTY OF ANY KIND THAT THE INFORMATION AND ASSISTANCE PROVIDED IN CONNECTION WITH MEDICAL BENEFITS, POLICIES, CLAIMS AND DATA RELATED THERETO IS RELIABLE OR ACCURATE, AND THE USER IS ADVISED TO CONSULT AND RELY UPON ITS OWN AGREEMENTS, RIGHTS AND BENEFITS WITH ITS SERVICE PROVIDERS.

PSP DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE WEB SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

Under this Agreement, you assume all risk of errors and/or omissions in "MyFlexOnline", including the transmission or translation of Information. You assume full responsibility for implementing sufficient procedures and checks to satisfy your requirements for the accuracy and suitability of "MyFlexOnline" and its associated services, and for maintaining any means which you may require for the reconstruction of lost data or subsequent manipulations or analyses of the Information provided under the Agreement.

SOME STATES DO NOT ALLOW CERTAIN LIMITATIONS ON IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION, THE DURATION OF EFFECTIVE WARRANTIES AND/OR THEIR DISCLAIMERS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM STATE-TO-STATE.

17. Limitation of Liability.

IN NO EVENT SHALL PSP’S TOTAL LIABILITY FOR ALL DAMAGE, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT OR NEGLIGENCE, INCLUDING WITHOUT LIMITATION, THE NEGLIGENCE OF PSP, OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING "MYFLEXONLINE", EVEN IF PSP OR ITS AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF THE ABOVE LIMITATION OF LIABILITY SHOULD FAIL IN ITS ESSENTIAL PURPOSE FOR ANY REASON, SUCH LIABILITY IS AND SHALL BE LIMITED TO A SUM EQUAL IN AMOUNT TO TEN (10%) PERCENT OF THE SUMS PAID TO PSP BY YOU UNDER THE TERMS OF THIS AGREEMENT, ANY AGREEMENT WITH AN INDIVIDUAL THIRD-PARTY PROVIDER OR THE SUM OF $100.00, WHICHEVER IS GREATER, AS LIQUIDATED DAMAGES AND NOT AS A PENALTY, EVEN IF PSP OR ITS AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIABILITY SHALL BE COMPLETE AND EXCLUSIVE. THE PROVISIONS CONTAINED IN THIS SECTION 15 SHALL SURVIVE TERMINATION OF THIS AGREEMENT.

PSP shall not be liable, regardless of the cause or duration, for any errors, inaccuracies, omissions, or other defects in, or untimeliness or unauthenticity of, the Information provided by or the know-how or other information contained within "MyFlexOnline" or the services or products provided through "MyFlexOnline" or for any delay of interruption in the transmission thereof to the site user, for any claim or loss arising there from or occasioned thereby. PSP shall not be liable for any damages for lost data, use, profits, savings or goodwill that results from use of or inability to use Information, services, products or software contained within "MyFlexOnline".

SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. THIS CLAUSE GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE.

18. Indemnification.

YOU AGREE TO RELEASE, INDEMNIFY, DEFEND AND HOLD HARMLESS PSP, ITS LICENSORS, AND THRID-PARTY PROVIDERS (INCLUDING THEIR OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS, REPRESENTATIVES OR CONTRACTORS) FROM AND AGAINST ALL CLAIMS BROUGHT BY ANY PERSONS ARISING FROM OR RELATING TO YOUR ACCESS AND USE OF "MYFLEXONLINE", INCLUDING BUT NOT LIMITED TO, THE ACCESS TO AND USE OF THE INFORMATION, SERVICES AND/OR PRODUCTS OBTAINED THROUGH OR PROVIDED BY "MYFLEXONLINE", INCLUDING AUTHORIZED ACCESS OR USE.

19. Privacy.

You hereby acknowledge having read and accept and agree to all terms and conditions of the MyFlexOnline Privacy Policy, also found at "MyFlexOnline", which are hereby incorporated in this Agreement.

20. No Conflicting Terms.

If there is any conflict between this Agreement and any other documents regarding the subject matter of this Agreement or the services, products or Information you access, acquire or receive through "MyFlexOnline", then the provisions of this Agreement shall govern, whether such other documents are prior to or subsequent to this Agreement, or are signed or acknowledged by any director, officer, employee, representative or agent of PSP.

21. Minors.

If you have agreed to allow your minor child or a child for whom you are legal guardian ("Minor") to access "MyFlexOnline" or any of the services or Information offered or through the site, you agree that you shall be solely responsible for: (a) the on-line conduct of such Minor; (b) monitoring such Minor’s access to and use of the site; and (c) the consequences of any use of the site by such Minor.

22. Attorney’s Fees.

If PSP takes action (by itself or through its representatives) to enforce any of the provisions of this Agreement, including collection of damages or any amounts due hereunder, PSP shall be entitled to recover from you (and you agree to pay), in addition to all sums to which it is entitled or any other relief, at law or in equity, reasonable and necessary attorney’s fees and any costs of any litigation.

23. Governing Law; Limitations; Venue.

The laws of the State of Missouri excluding any rule or principle that would refer to and apply the substantive law of another state or jurisdiction shall govern this Agreement. To the extent allowed by applicable law, any claims or causes of action arising from or relating to your access and use of "MyFlexOnline" contemplated by this Agreement must be instituted within one (1) year from the date upon which such claim or cause arose or accrued. Further, any such claim or cause of action may only be brought in the state or federal courts located in Kansas City, Jackson County, Missouri and you agree to submit to the exclusive personal jurisdiction of such courts and hereby appoint the Secretary of State of the State of Missouri as your agent for service of process. You agree to waive any objection that the state or federal courts of Missouri are an inconvenient forum.

24. Jurisdictional Issues.

Unless otherwise specified, the materials in this Web site are presented solely for promoting programs, services, and other products available in the United States, its territories, possessions and protectorates. This site is controlled and operated by PSP from its offices within the State of Missouri, United States of America. PSP makes no representation that material and Information found at or accessible through "MyFlexOnline" are appropriate or available for use in other locations. Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. Software from this site is further subject to United States export controls. No software from "MyFlexOnline" may be downloaded or otherwise exported or re-exported: (A) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other country to which the U.S. has embargoed goods, or (B) to anyone on the U.S. Treasury Department list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders.

25. Assignment.

You may not assign any of your rights, obligations or privileges hereunder without the prior written consent of PSP. Any assignment other than as provided for in this Section shall be null and void, ab initio.

26. Severability.

If any provision of this Agreement is found to be unlawful or unenforceable in any respect, the court shall reform such provision so as to render it enforceable or, if it is not possible to reform such provision so as to make in enforceable, then delete such provision. As so reformed or modified, the court shall fully enforce this Agreement.

27. Entire Agreement.

THIS AGREEMENT IS COMPLETE AND EFFECTIVE AT THE TIME YOU AGREE TO IT BY CLICKING ON THE BUTTON INDICATED FOR ACCEPTANCE IN CONNECTION WITH THE NEW USE OR GUEST REGISTRATION PROCEDURES OR, IN THE EVENT SUCH REGISTRATION DOES NOT OCCUR, AT THE TIME YOU ATTEMPT TO PARTICIPATE IN OR REQUEST A SERVICE OR PRODUCT THROUGH "MYFLEXONLINE". THIS AGREEMENT CONSTITUTES THE ENTIRE AGREEMENT BETWEEN THE PARTIES, AND NO OTHER AGREEMENT, WRITTEN OR ORAL, EXISTS BETWEEN YOU AND PSP WITH RESPECT TO THE SUBJECT MATTER ADDRESSED HEREIN.

28. Contest.

On occasion, PSP may run promotions to increase registration with its online services. In awarding prizes for theses contests, PSP reserves the right to substitute prizes for those of an equivalent nature. There will be no cash substitutions for the prizes offered. Please note that taxes, licenses and other financial liabilities associated with the winning of the prize shall be the responsibility of the contestant(s) that wins the prize. PSP has no financial liability other than that of ensuring the prize is sent to the prizewinner.

29. Child Online Protection Act Notification.

Pursuant to 47 U.S.C. Section 230(d) as amended, PSP hereby notifies you that parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available at the Electronic Frontier Foundation Web site, http://www.eff.org/pub/Censorship/Ratings_filters_labelling/ and at the America Links Up Web site, http://www.getnetwise.org/americalinksup/parentstips/browsers.html.

30. Notice and Procedure for Copyright Infringement Claim. PSP, pursuant to 17 U.S.C. Section 512, as amended by Title II of the Digital Millennium Copyright Act (the "Act"), reserves the right, but not the obligation, to terminate your license to use "MyFlexOnline" and any services or Information provided through "MyFlexOnline", if it determines in its sole and absolute discretion that you are involved in any activity which may be infringing, including alleged acts of first time or repeat infringement, regardless of whether the material or activity is ultimately determined to be infringing. PSP accommodates and does not interfere with standard technical measures used by copyright owners to protect their materials. In addition, pursuant to 17 U.S.C. Section 512(c), as amended, PSP has implemented procedures for receiving written notification of claimed infringements and for processing such claims in accordance with the Act. PSP’s designated agent to receive notification of claimed infringement is the Licensor: MHM Resources LLC, 4200 West 115th Street, Suite 300 Leawood, Kansas 66211, c/o the President.

In addition, any written notice regarding any defamatory or infringing activity, whether of a copyright, patent, trademark or other proprietary right, should be sent to PSP’s designated agent, listed above, and must include the following information: A. A physical or electronic signature of a person authorized to act on behalf of (1) the owner of an exclusive right that is allegedly infringed or (2) the person defamed.

B. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single on-line site are covered by a single notification, a representative list of such works at that site. Similarly for other types of infringing materials, a list of such materials.

C. Identification of the material that is claimed to be infringing, to be the subject of infringing activity, or that is claimed to be defamatory and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material.

D. Information reasonably sufficient to permit us to contact you, such as your address, telephone number, and/or electronic mail address.

E. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright or other proprietary right owner, its agent, or the law.

F. A statement that the information on the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed or on behalf of the person defamed.

31. Consent To Electronic Signatures.

YOU CONSENT TO USE OF ELECTRONIC SIGNATURES WITH DOCUMENTS RELATED TO THIS AGREEMENT. YOU ACKNOWLEDGE THAT YOU HAVE THE RIGHT TO HAVE THE RECORD PROVIDED OR MADE AVAILABLE ON PAPER OR NON-ELECTRIC FORM, AND YOU HAVE THE RIGHT TO WITHDRAW YOUR CONSENT TO THE USE OF ELECTRONIC SIGNATURES. YOU ARE AWARE THAT SUCH CONSENT TO THE USE OF ELECTRONIC SIGNATURES IS APPLICABLE TO TRANSACTIONS CONSUMMATED USING "MYFLEXONLINE." YOU MAY WITHDRAW YOUR CONSENT TO USE OF ELECTRONIC SIGNATURES BY PROVIDING AN IN-PERSON, NON-ELECTRONIC SIGNED WRITING WITHDRAWING SUCH CONSENT TO PSP. YOU MAY ALSO OBTAIN A PAPER COPY OF ANY ELECTRONIC RECORD BY VISITING PSP AND REQUESTING SUCH A PAPER DOCUMENT, ALTHOUGH COPY EXPENSES MAY APPLY. YOU ARE AWARE THAT YOU ARE RESPONSIBLE FOR ALL HARDWARE AND SOFTWARE REASONABLY NECESSARY TO ACCESS THE SERVICE AND USE THE ELECTRONIC SIGNATURE FUNCTION.

For the purpose of this Agreement, "Electronic Signature" means an electronic symbol or process attached to or logically associated with a document or record and executed or adopted by you with the intent to sign the record.

You may contact your PSP with questions concerning this web site usage agreement.

Copyright Notice

Users of the Web site are hereby authorized to view, copy, print, and distribute this document subject to the following conditions; the document is used for informational purposes only; any copy of this document or portion thereof must include this copyright notice in its entirety. Copyright: 2014, MHM Resources LLC All rights reserved

Legal Disclaimer

This Web site is designed to provide accurate and authoritative information and is distributed with the understanding that legal, tax, accounting and financial planning issues have been checked with resources believed to be reliable. Some material may be affected by changes in law or in the interpretation of such laws. Do not use the information on this Web site in place of personalized professional assistance. If you need to discuss any issues, give us a call.

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