Terms of Use

Acceptance of Terms of Use

Benefit Management, LLC, along with its current or future affiliates and subsidiaries (collectively “Benefit Management”), welcomes you to our web site. This page states the Terms and Conditions (the “Terms” or the “Agreement”) under which you may use this web site (the “Site”). Please read this page carefully. By accessing and using the Site you accept and agree to be bound, without limitation or qualification, by these Terms. This agreement is the legal equivalent of a signed and written contract and is legally binding. If you do not accept any of the Terms stated here, please do not use the Site. The Terms do not alter in any way the terms or conditions of any other agreement you may have with Benefit Management for other products or services.

Online Account Access

Benefit Management provides online access to claims data, plan design and other information to clients who have purchased its services. We use unique identifiers such as group number, member ID, and date of birth to authenticate your identity. After identity authentication is complete you will then choose a password and a user name. You are entirely responsible for maintaining the confidentiality of your password and username. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to notify Benefit Management immediately of any unauthorized use of your account. Benefit Management will not be liable for any loss that you may incur as a result of someone else using your username and password, either with or without your knowledge. Without prior authorization or permission, you may not use anyone else’s account at any time.

Proprietary Rights

The content or other materials on the Site including, but not limited to, all text, graphics, audio, video, images as well as the domain are owned by Benefit Management, with all rights reserved, and are protected by law, including, but not limited to, United States copyright law. Unauthorized use of the Material may violate copyright, trademark, and other laws. You may not sell, modify, display, distribute, or otherwise use any or all content within the Site, or make any derivative works therefrom, in any way for any public or commercial purpose without the prior written permission of Benefit Management. If you violate any of these Terms, your permission to use the Site automatically terminates and Benefit Management may seek to enforce their intellectual property rights to the fullest extent of the law.

User Communications, Including Email, Via the Site

All information, ideas, suggestions, postings, surveys, feedback, comments, questions, or other communication (hereby known as “Communication”) you transmit or provide to the Site are, and will be treated as, non-confidential and non-proprietary, unless such Communication is classified as protected health information pursuant to the Health Insurance Portability and Accountability Act (HIPAA). Use of the Site and any submission of Communications is entirely at your own risk. The user is responsible for whatever Communication is submitted, and the user has full responsibility for any submitted Communication, including its legality, reliability, appropriateness, originality, and copyright.

Benefit Management prohibits any posting or transmission of a Communication that is unlawful, encourages unlawful behavior, or is otherwise inappropriate. Benefit Management reserves the right to refuse or block any Communication or use of the Site that is unlawful, encourages unlawful behavior, or is otherwise inappropriate.

Benefit Management strives to maintain control of the Site, within the constraints of current technology. However, as is customary for non-encrypted Internet email communications, your email or other electronic communications may be accessed and viewed by other Internet users, without your knowledge and permission. For that reason, to protect your privacy, you should not use unencrypted email or other electronic communications to communicate information to Benefit Management that you consider to be confidential, especially any protected or personally identifiable health information. Benefit Management disclaims all liability with respect to any unauthorized access by third parties.

Linking to www.benefitmanagementllc.com

Benefit Management grants a limited, non-exclusive right to create a hyperlink to this Site provided such link does not portray Benefit Management or any of its products and services in a false, misleading, derogatory or otherwise defamatory manner. You may not use a Benefit Management logo to link to this Site without the express written permission of Benefit Management. This limited right may be revoked at any time.

The Site may contain links to third party Web sites that are maintained by others. Any such links are provided solely as a convenience to you. Benefit Management does not warrant and specifically disclaims any and all responsibility or liability for use of such sites and you hereby release Benefit Management from any and all such responsibility or liability for the same. Benefit Management is not responsible for the content of linked third-party sites and does not make any representations regarding the content or accuracy of materials on such third-party Web sites. Should you decide to access linked third-party Web sites, you do so at your own risk.

Cookies

Benefit Management, at its sole discretion, may use what is known as “cookie” technology. A “cookie” is a data element sent to your browser by a web site when you link to that web site. By assigning a unique data element to each visitor, the web site is then able to recognize repeat users and track usage patterns to better serve visitors when they return to that web site. The cookie does not extract Protected Health Information (PHI) or Personally Identifiable Information (PII). Most browsers provide a simple procedure that enables users to control whether they want to receive cookies or notifies them when a website is about to deposit a cookie file.

Benefit Management reserves the right to make use of cookie technology. Your web browser may allow for the disabling of cookies if you do not wish to receive them; however certain portions of the Site may not function properly without them. The Site will only use cookies that Benefit Management has created and stored on your computer.

Site Security

Users are prohibited from violating or attempting to violate the security of the Site, including without limitation, accessing data not intended for such user; attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to the Site, or crashing; logging onto a server or an account which the user is not authorized to access.

You may not use any computer program tools including, but not limited to, web spiders, bots, indexers, robots, crawlers, harvesters, or any other automatic device, program, algorithm, or methodology, or any similar or equivalent manual process (“Tools”) to access, acquire, copy, or monitor any portion of the Site or any content, or in any way reproduce or circumvent the navigational structure or presentation of the Site or any content, to obtain or attempt to obtain materials, documents, or information through any means not purposely made available through the Site. Tools that use the Site shall be considered agents of the individual(s) who control or author them.

Limitation of Liability

Benefit Management makes no representations about the accuracy, reliability, completeness, or timeliness of the information or about the results to be obtained from using the Site. Any use of the Site is at your own risk. On occasion and without prior notice Benefit Management will make changes to the Site.

IN NO EVENT SHALL BENEFIT MANAGEMENT BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, INCIDENTAL, EXEMPLARY, AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE THE WEB SITE AND THE MATERIAL, OR RELIANCE UPON THE SITE, OR ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, DEFECTS, DELAYS, OR SYSTEM MALFUNCTION OF THE SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 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, IN WHICH CASE SUCH EXCLUSION OR LIMITATION APPLIES TO THE FULLEST EXTENT ALLOWABLE UNDER THE APPLICABLE LAW.

Disclaimer and Warranties

USE OF THE SITE IS ENTIRELY AT YOUR OWN RISK. BENEFIT MANAGEMENT DOES NOT WARRANT THAT THE WEB SITE WILL OPERATE ERROR-FREE OR THAT THIS WEB SITE OR ITS SERVER ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL GOODS OR THAT THE SITE WILL NOT BE HACKED OR OTHERWISE ACCESSED IN AN UNAUTHORIZED MANNER. IF YOUR USE OF THE WEB SITE OR THE MATERIAL RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR LOSS OF PROFITS OR DATA, BENEFIT MANAGEMENT IS NOT RESPONSIBLE FOR THOSE COSTS.

THE SITE AND MATERIAL ARE PROVIDED ON AN ‘AS IS,’ ‘AS AVAILABLE,’ AND ‘WHERE AVAILABLE’ BASIS WITHOUT ANY WARRANTIES OF ANY KIND. BENEFIT MANAGEMENT AND ITS SUPPLIERS, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE WARRANTY OF MERCHANTABILITY, NON-INFRINGEMENT OF PROPRIETARY OR THIRD PARTY RIGHTS, AND THE WARRANTY OF FITNESS FOR PARTICULAR PURPOSE. BENEFIT MANAGEMENT AND ITS SUPPLIERS MAKE NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE MATERIAL, SERVICES, SOFTWARE TEXT, GRAPHICS, AND LINKS.

Indemnity

You agree to defend, indemnify, and hold harmless Benefit Management, its owners and employees from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from your use of the Site or your breach of the terms of this Agreement.

No Solicitation or Offer

The Site is designed to provide general information about Benefit Management, its products and services, and its affiliates and subsidiaries. By using the Site, no invitation, solicitation, or offer to join any Benefit Management network, program, or plan exists. Benefit Management does not guarantee that all services or products described by Benefit Management on the Site will be available, in whole or in part, in all geographic areas or to all persons. Using the Site is not contingent upon purchasing products or services from Benefit Management. Services or products available from websites linked to the Site carry no endorsement or guarantee from Benefit Management.

No Healthcare Advice

Benefit Management may provide health-related information on the Site for educational purposes only and is not engaged in rendering medical advice or professional services. The information provided through the Site should not be used for diagnosing or treating a health problem or a disease, and it is not a substitute for professional medical care. If you have or suspect you may have a health problem, you should consult a doctor or other health care provider for specific communication, information, and services regarding your individual healthcare needs. The health-related information provided on this Site is designed to support, not replace, the relationship that exists between you and your physician or other health care provider. By using the Site, Benefit Management does not initiate any healthcare relationship (such as, but not limited to, a doctor/patient relationship). Benefit Management does not warrant, endorse, or take any responsibility for your use of health-related communication, information, or services available through the Site or available through externally-linked websites. Benefit Management holds no responsibility or liability for the use, misuse, or failure to use healthcare-related communication, information, or services available on the Site or through externally-linked websites. You are fully responsible for your use, misuse, or failure to use healthcare-related communication, information, or services on the Site or available through externally-linked websites.

Nothing contained, expressed, or implied in the Site is intended as, nor shall be construed or understood as, legal advice, guidance, or interpretation. The Site may offer external links to websites that contain information that is publicly available; however, Benefit Management does not guarantee or warrant any legal advice offered on such externally linked websites. Any information is presented “as-is” and no legal interpretation by the Site is being offered. By Using the Site, no attorney-client relationship is established or implied under any circumstances whatsoever. You are responsible for the use, misuse, or failure to use legal information or communication available on the Site or any externally linked websites, and Benefit Management assumes no liability or responsibility for your use, misuse, or failure to use legal information or communication available on the Site or externally linked websites. Should you have any questions about any law, statute, regulation or other legal requirement referenced in the Site, please contact your own licensed, practicing, qualified legal professional.

Updates, Corrections and Changes

Benefit Management does not warrant or guarantee the completeness, accuracy, or timeliness of any or all information available on the Site or on externally linked websites. Benefit Management reserves the right to modify or delete any or all information at any time without notice. Furthermore, Benefit Management is not responsible for your use, misuse, or failure to use any or all information or services that have been modified or deleted. Benefit Management has no obligation to update any information or content on the Site. Benefit Management may also make improvements and/or changes in the information or content contained in the Site at any time without prior notice.

Termination

Notwithstanding any of these Terms, Benefit Management reserves the right, without notice and in its sole discretion, to modify or discontinue the Site, to terminate your license to use the Site, and/or to block or prevent future access to and use of the Site.

Revision to the Terms

Benefit Management may, at its sole discretion, modify or revise these Terms at any time. Changes are effective immediately upon posting to the Site. You are bound by any such modification or revision and should therefore visit this page periodically to review the Terms.

Governing Law and Jurisdiction

These Terms will be governed and construed in accordance with the laws of the State of Kansas and the United States of America without regard to principles of conflict of laws, including, without limitation, Kansas law relating to conflict of laws or choice of law. By accessing, viewing, or using the material contained within the Site, you consent to the jurisdiction of the federal and state courts of competent jurisdiction, as applicable, presiding in (or in closest geographical proximity to) Barton County, Kansas, and agree to accept service of process by mail and hereby waive any and all jurisdictional and venue defenses otherwise available.

Entire Agreement and Severability

The Terms contained herein constitute the entire agreement between you and Benefit Management with respect to your use of the Site. If any part of these Terms is held to be invalid or unenforceable for any reason, the remaining parts will remain in full force and effect. You acknowledge that, in providing access to and use of the Site, Benefit Management has relied on your agreement to be legally bound by these Terms.