PlanSource Terms of Use

THESE TERMS OF USE GOVERN YOUR USE OF THE PLANSOURCE BENEFITS ADMINISTRATION, INC. (“PLANSOURCE”) WEBSITE (THE “PLANSOURCE WEBSITE” OR “WEBSITE”). BY ACCESSING AND USING THIS WEBSITE, YOU ARE INDICATING YOUR ACKNOWLEDGMENT AND ACCEPTANCE OF THESE TERMS OF USE. IF YOU DO NOT AGREE WITH THESE TERMS OF USE, PLEASE DO NOT ACCESS THE PLANSOURCE SITE.

PlanSource reserves the right to change these Terms of Use at any time and in our sole discretion. By continuing to use the PlanSource Website after such changes are posted, you agree to be bound by the changes.

We may offer visitors to the PlanSource Website the opportunity to participate in additional features or services through the PlanSource Website. Some of these features or services may require you to enter into other agreements or authorizations in addition to these Terms of Use before you can use those features or services.

Use of the Website
You may use the PlanSource Website solely for your own personal use. You may not to modify, move, add to, delete, or otherwise tamper with the information contained in the PlanSource Website. You may not to decompile, reverse engineer, disassemble or unlawfully use or reproduce any of the software, copyrighted or trademarked material, trade secrets, or other proprietary information contained in the PlanSource Website. Your use of the PlanSource Website must be in accordance with all applicable laws.

Copyright and Trademark
You acknowledge that the PlanSource Website contains copyrighted materials as well as trademarks and service marks that are owned by PlanSource, their related entities and affiliates, and/or third parties. Nothing contained on the PlanSource Website will be construed as conferring any right to any copyright, trademark, or other proprietary interest of PlanSource, their related entities or affiliates, and/or any third party. You agree not to infringe upon any copyright, trademark, or service mark. You also agree that you will not alter or remove any copyright, trademark, or any other notice from any authorized copy of the content on the PlanSource Website.

Links to or from Third Party Web Websites
The PlanSource Website contains links to other websites on the Internet that are owned and operated by third parties (each a “Linked Website”). PlanSource is not responsible for the content, advertising, products, services, or other materials made available on or through any Linked Website or for your use of them. Linked Websites are likely to have their own terms of use, and you are responsible for reading them to ensure your own compliance. PlanSource will not be held responsible or liable, directly or indirectly, for any loss or damage caused or alleged to have been caused in connection with a Linked Website. PlanSource does not endorse and is not responsible for the information practices or privacy policies of Linked Websites.

Privacy
The PlanSource Privacy Policy, which is hereby incorporated into these Terms of Use by reference, governs how PlanSource obtain, use, share, and protect your personal information, including personally identifiable information.

HIPAA
In the process of providing the Services to Covered Entities, as such term is defined by the Health Insurance Portability and Accountability Act (HIPAA) of 1996, as amended by the Health Information Technology for Economic and Clinical Health (HITECH) Act (collectively referred to herein as “HIPAA”), PlanSource may access, receive, process, maintain, archive and/or transmit certain information defined by HIPAA as “Protected Health Information” (“PHI”) and/or Electronic Protected Health Information (ePHI) (PHI and ePHI are collectively referred to herein as “PHI”). The PlanSource HIPAA Privacy Policy, which is hereby incorporated into these Terms of Use by reference, governs how PlanSource uses, discloses, and protects PHI in accordance with HIPAA, and subject to the terms of a Business Associate Agreement.

Security
Data transmitted to and from the PlanSource Website is encrypted for the user’s protection. However, the security of information transmitted through the Internet can never be guaranteed. PlanSource is not responsible for any interception or interruption of any communications through the Internet or for changes to or losses of data. Access to and use of password protected and/or secure areas of the PlanSource Website is restricted to authorized users only. Unauthorized access to such areas is prohibited and may lead to criminal prosecution. You are responsible for maintaining the security of any username, password, or other form of authentication involved in obtaining access to password protected or secure areas of the PlanSource Website. You will be responsible for all activities that occur under your username and password. In order to protect you and your data, PlanSource may suspend your use of the PlanSource Website, without notice, pending an investigation, if any breach of security is suspected.

User Submissions
You acknowledge and agree that by providing PlanSource with any personal information through the PlanSource Website, you consent to the transmission of such personal user information over international borders as necessary for processing in accordance with PlanSource’s standard business practices and the PlanSource Privacy Policy. Except as otherwise provided in our Privacy Policy and except as otherwise covered in the PlanSource End User License Agreement, any material, information, ideas, concepts, know-how, techniques, or other communication you transmit to us by any means (“User Submissions”) will be deemed non-confidential and non-proprietary. We will have no obligations with respect to User Submissions. We and our designees will be free to copy, disclose, distribute, incorporate, and otherwise use User Submissions and all data, images, sounds, text, and other things embodied therein for any and all commercial or noncommercial purposes.

Disclaimer of Warranties
TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE THAT ALL INFORMATION, SERVICES, SOFTWARE AND CONTENT AVAILABLE THROUGH THE SITE, AND THE SITE ITSELF, ARE FURNISHED FOR GENERAL INFORMATIONAL PURPOSES ONLY, AND ARE FURNISHED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY IMPLIED OR EXPRESSED WARRANTY OF ANY KIND (INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SUITABILITY, SECURITY, CORRECTNESS AND NON-INFRINGEMENT). PLANSOURCE AND ITS AFFILIATES, LICENSORS, SUPPLIERS OR ANY THIRD PARTIES MENTIONED AT THE WEBSITE (COLLECTIVELY THE “PLANSOURCE PARTIES”) MAKE NO REPRESENTATION OR WARRANTY REGARDING, ARE NOT RESPONSIBLE FOR, AND DISCLAIM ALL LIABILITY FOR, THE CONTINUED AVAILABILITY, RELIABILITY, ACCURACY, RESULTS OR PERFORMANCE OF THE SITE OR ANY MATERIAL ON THE SITE, THE PERFORMANCE OF THE INTERNET, THE DOWNLOADING COMPATIBILITY OF ANY MATERIALS OR SOFTWARE WITH YOUR COMPUTER SYSTEM, THE EXISTENCE OF ANY VIRUS, WORM, MALICIOUS CODE OR OTHER DISABLING DEVICE FROM ANY SOURCE, THE UNAUTHORIZED ACCESS TO OR USE OF YOUR INFORMATION BY A PARTY OTHER THAN PLANSOURCE, ANY TECHNICAL FAILURES (INCLUDING HARDWARE OR SOFTWARE FAILURES), INCOMPLETE, SCRAMBLED, OR DELAYED COMPUTER TRANSMISSIONS, AND/OR TECHNICAL INACCURACIES, OR LOSS OR USE OF DATA, AS WELL AS UNAUTHORIZED ACCESS OF USER TRANSMISSIONS BY THIRD PARTIES ARISING OUT OF OR RELATED TO THESE TERMS. NO ONE IS AUTHORIZED TO MAKE ANY WARRANTY ON PLANSOURCE’S BEHALF, AND YOU CANNOT RELY ON ANY OTHER STATEMENT OF WARRANTY. YOU ASSUME RESPONSIBILITY FOR THE ACCURACY, APPROPRIATENESS, AND LEGALITY OF ANY INFORMATION YOU SUPPLY TO PLANSOURCE.

Limitation of Liability
TO THE EXTENT PERMITTED BY LAW, IN NO EVENT SHALL PLANSOURCE, ITS AFFILIATES, ITS LICENSORS, ITS SUPPLIERS OR ANY THIRD PARTIES MENTIONED AT THE WEBSITE BE LIABLE FOR ANY INCIDENTAL, INDIRECT, EXEMPLARY, PUNITIVE AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION RESULTING FROM THE USE OF OR INABILITY TO USE THE WEBSITE, THE PLANSOURCE SYSTEMS, INFORMATION, SERVICES OR THE CONTENT WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT PLANSOURCE IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE EXTENT PERMITTED BY LAW, THE REMEDIES STATED FOR YOU IN THESE TERMS OF USE ARE EXCLUSIVE AND ARE LIMITED TO THOSE EXPRESSLY PROVIDED FOR IN THESE TERMS OF USE.

Indemnification
You agree to indemnify PlanSource, our licensors, vendors and partners and our respective officers, directors, employees and agents from and against any and all claims, demands, liabilities, losses, damages, costs and expenses, including reasonable attorney’s fees, that arise from any content or data you post, transmit or link from on the PlanSource Website, your misuse of the PlanSource Website, including, but not limited to, your violation of these Terms of Use, or your violation of any rights of any third party.

Not a Solicitation
Nothing in the PlanSource Website should be construed as an offer of coverage, solicitation of coverage, summary of coverage or guarantee of coverage from any insurance company or carrier. IF YOU ARE APPLYING FOR AN INSURANCE POLICY THROUGH ANY PORTION OF THE PLANSOURCE SITE, DO NOT CANCEL YOUR EXISTING INSURANCE POLICY UNLESS AND UNTIL YOU HAVE RECEIVED WRITTEN CONFIRMATION FROM THE INSURER TO WHICH YOU ARE APPLYING THAT YOUR APPLICATION HAS BEEN ACCEPTED OR APPROVED.

Choice of Law
Florida state law governs these Terms of Use without regard to its conflicts of law provisions. To resolve any legal dispute arising from these Terms of Use, you agree to the exclusive jurisdiction of state courts in Orange County, Florida, U.S.A. or federal court for the District of Florida.

Waiver and Severability
The failure of PlanSource to exercise or enforce any right or provision of these Terms of Use will not constitute a waiver of such right or provision. If any provision of these Terms of Use is held to be unenforceable, that provision will be removed and the remaining provisions will remain in full force and effect.

Contact Us
If you have any questions regarding these Terms of Use, you may contact us at info@plansource.com or by telephone at (877) 735-0468.

Effective date
The Effective Date of these Terms of Use is September 1, 2013.

Download PlanSource Terms of Use (PDF)