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
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
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
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
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.
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.
policy will be posted on this site in a manner that is easily identifiable. Please
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.
you provide to us via e-mail and the e-mail response we return to you will NOT be
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
Information for this site.
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.
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".
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.
(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.
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.
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
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
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
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
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
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.
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
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.
You hereby acknowledge having read and accept and agree to all terms and conditions
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.
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.
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.
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
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
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,
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
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.
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
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.