Terms and Conditions of Use
PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THE MOBILE APPLICATION.
By accessing or using PayFlex® (the “Site”), you signify your assent to and agreement with these Terms and Conditions of Use (the “Terms and Conditions”). Each time you use the Application, you reaffirm your acceptance and agreement of the then-current Terms and Conditions. If you do not wish to be bound by these Terms and Conditions, you should discontinue using the Application. You cannot register or use the Application until you have agreed to these Terms and Conditions. If you do not agree to all of these Terms and Conditions, do not access or use the Application. PayFlex Systems USA, Inc. (“PayFlex”) may revise and update these Terms and Conditions at any time. Your continued usage of the Site will mean you agree to those updates.
ELIGIBILITY: By registering to use the Site and accessing the Application, you represent that you have reached the age of majority where you live and that you have the legal ability to agree to these Terms and Conditions and will only use the Application in accordance with these Terms and Conditions.
GENERAL TERMS AND CONDITIONS: You agree to: (a) maintain all equipment necessary for your access to and use of the Application (including but not limited to internet access, computer equipment for accessing the internet, mobile phones, mobile phone call plans with carriers, etc.); (b) maintain the security of your user identification, password and other confidential information relating to your PayFlex account on the Application; (c) update your personal information, including your mobile phone number and e-mail address; and (d) not hold PayFlex responsible for any charges you may incur from your wireless or internet carrier which results from the use of your PayFlex account on the Application, including unauthorized use prior to your notifying PayFlex of such unauthorized use and taking steps to prevent its further occurrence by changing your password.
WAIVER, RELEASE AND LIMITATION OF LIABILITY: You agree that neither PayFlex, nor its parent company, affiliates, subsidiaries, officers, directors, employees, agents, consultants, information providers or suppliers, shall have any liability to you under any theory of liability or indemnity in connection with your use of the Site or the Application. You hereby release and forever waive any and all claims you may have against PayFlex its parent company, affiliates, subsidiaries, officers, directors, employees, agents, consultants, information providers and suppliers for losses or damages you sustain in connection with your use of the Site or the Application.
All damages, direct or indirect, special, incidental, consequential or punitive arising from or related to any use of the information or other parts of the Site or the Application, are hereby excluded even if PayFlex, its parent company, affiliates, subsidiaries, officers, directors, employees, agents, consultants, information providers or suppliers have been advised of the possibility of such damages. This limitation is void where prohibited by law.
DISCLAIMER OF WARRANTIES: YOU AGREE THAT YOUR USE OF THE SITE AND THE APPLICATION ARE AT YOUR OWN RISK. THE SITE, THE APPLICATION AND ALL RELATED CONTENT ARE MADE AVAILABLE TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS. PAYFLEX DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS OF ANY KIND WHATSOEVER (INCLUDING WITHOUT LIMITATION, WARRANTIES OF TITLE OR NONINFRINGEMENT, OR ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) WITH REGARD TO THE SITE OR THE APPLICATION, AND ALL RELATED CONTENT OR WITH RESPECT TO ANY INFORMATION, PRODUCT, SERVICE, MERCHANDISE OR OTHER MATERIAL PROVIDED ON OR THROUGH THE SITE OR THE APPLICATION. PAYFLEX DOES NOT WARRANT OR GUARANTEE THE ACCURACY, COMPLETENESS, CORRECTNESS, TIMELINESS OR USEFULNESS OF ANY INFORMATION, PRODUCTS, SERVICES, MERCHANDISE OR OTHER MATERIAL PROVIDED THROUGH THE SITE OR THE APPLICATION. PAYFLEX MAKES NO WARRANTY OR GUARANTEE THAT THE SITE OR THE APPLICATION WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. PAYFLEX DOES NOT WARRANT OR GUARANTY THAT THE SITE OR THE APPLICATION IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
PAYFLEX SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DECISION MADE OR ACTION TAKEN BASED UPON THE INFORMATION CONTAINED ON OR PROVIDED THROUGH THE SITE OR THE APPLICATION.
INDEMNIFICATION: You agree to indemnify and hold PayFlex, its parent company, affiliates, subsidiaries, officers, directors, employees, agents, consultants, information providers, and suppliers, harmless from and against any and all claims, actions, or demands, losses, liabilities, costs and expenses (including, but not limited to, attorneys’ fees incurred by PayFlex in connection with your violation of any third party’s rights) arising from your use of the Site, the Application, your violation of these Terms and Conditions or your violation of any third party’s rights.
LINKS TO THIRD-PARTY WEB SITES: The Site and the Application may contain links to third-party web sites. The links are provided solely as a convenience to you and not as an endorsement by PayFlex of the content on such third-party web sites. PayFlex does not control or guaranty the accuracy or integrity of the content located on any such third-party web sites. PayFlex is not responsible and assumes no liability for the information, content or software of such third-party web sites and does not make any representations regarding the content, quality, safety or accuracy of materials on any such third-party web sites. If you decide to access third-party web sites, you do so at your own risk.
SERVICES: You acknowledge and agree that you are using the Site and the Application at your own risk and you, along with your healthcare providers, are personally responsible for verifying its suitability for your needs. Only individuals authorized by PayFlex may access and use the Site and the Application. Your user name may be restricted from accessing certain materials otherwise available on the Site and the Application. Features may be added to or withdrawn from the Site and the Application and the Site and the Application may be changed by PayFlex from time-to-time without notice.
CHARGES AND BILLING: PayFlex reserves the right to modify or terminate membership plans, change prices, or institute charges for the Site or the Application at any time upon thirty (30) days’ notice, as posted on the Site.
You agree that you will not upload or transmit any communications or content of any type to the public areas of the Site using the Application (including message boards, discussion forums, blogs, etc.) that infringe or violate any rights of any party, that violate any local, international, federal or state law or that are otherwise unlawful. By submitting communications or content to the public areas of the Site using the Application, you agree that such submission is non-confidential for all purposes.
In consideration of being allowed to use the public areas of the Site via the Application, you agree that the following actions shall constitute a material breach of these Terms and Conditions:
1. Using a public area for any purpose in violation of local, state, federal, or international laws;
2. Posting material that infringes on the intellectual property rights of others or on the privacy or publicity rights of others;
3. Posting material that is unlawful, obscene, defamatory, threatening, harassing, abusive, slanderous, hateful, or embarrassing to any other person or entity, as determined by PayFlex in its sole discretion;
4. Posting advertisements or solicitations for business, or other unsolicited material;
5. After receiving a warning, continuing to disrupt the normal flow of dialogue, or posting comments that are not related to the topic being discussed (unless it is clear the discussion is free-form);
6. Posting chain letters, pyramid schemes or similar arrangements;
7. Impersonating another person;
8. Distributing viruses or other harmful computer code;
9. Harvesting or otherwise collecting information about others, including e-mail addresses, without their consent, for posting or viewing comments;
10. Allowing any other person or entity to use your identification number for posting or viewing comments or for any other purpose;
11. Posting the same note more than once or “spamming”; or
12. Engaging in any other conduct that restricts or inhibits any other person from using or enjoying the public area of the Site using the Application, or which, in the sole discretion of PayFlex, exposes PayFlex or any of its customers or suppliers to any liability or detriment of any type.
PayFlex reserves the right (but is not obligated) to do any or all of the following:
1. Record the dialogue in public chat rooms.
2. Investigate an allegation that a communication(s) does not conform to the terms of these Terms and Conditions and determine in its sole discretion to remove or request the removal of the communication(s).
3. Remove communications which are abusive, illegal, or disruptive, or that otherwise fail to conform with these Terms and Conditions.
4. Terminate a user's access to any or all public areas of the Site or the Site and the Application upon any breach of these Terms and Conditions.
5. Monitor, edit, or disclose any communication in the public areas.
6. Edit or delete any communication(s) posted on the Site using the Application, regardless of whether such communication(s) violate these Terms and Conditions.
Neither PayFlex nor its licensors nor vendors have any liability or responsibility to users of the the Site, the Application or any other person or entity for performance or nonperformance of the aforementioned activities.
INTELLECTUAL PROPERTY: The Site and the Application are protected under United States trademark law. The trademarks, trade names, logos, service marks, product names, and company names, including, but not limited to, “PAYFLEX,” “PayFlex Mobile Application Powered by PayFlex” and the PAYFLEX logo (the “Trademarks”) appearing on the Site and the Application are registered and unregistered Trademarks of PayFlex Systems USA, Inc. All other trademarks, logos, service marks, product names, and company names on the Site and the Application are the property of their respective owners. Under no circumstances will anything appearing on the Site or the Application be construed as granting, whether by implication, estoppel, or otherwise, any form of license or authorization to use, reproduce, or distribute the Trademarks displayed on the Site or the Application. Licenses to use Trademarks appearing on the Site or the Application may be obtained with PayFlex’s prior written consent, which PayFlex may withhold in its sole discretion. Misuse of Trademarks or any materials comprising the Site or the Application is strictly prohibited. You agree to abide by any and all trademark and service mark notices, information, or restrictions contained on the Site or the Application. Any copied or downloaded content (which may only occur with PayFlex’s written consent), must retain all trademark and service mark notices. PayFlex will strictly enforce its intellectual property rights under the trademark laws. The materials and the Site and the Application are the property of PayFlex or others and are protected by United States copyright law and international copyright treaties. You agree to comply with reasonable requests by PayFlex to protect PayFlex’s contractual, statutory and common law rights in the Site and the Application and any Site or Application materials. Notwithstanding copyright protection of individual elements appearing on the Site or the Application, the Site and the Application are protected by copyright law as a collective work and/or compilation. You agree to abide by any and all copyright notices, information, or restrictions contained on the Site or the Application. Permission to use the copyrighted content on the Site or the Application for commercial purposes must be obtained through the prior written consent of PayFlex. PayFlex may withhold its consent for use of the copyrighted content in its sole discretion. PayFlex will strictly enforce its intellectual property rights under the copyright laws. PayFlex permits you to make a single copy of the content appearing on the Site and the Application solely for the purpose of obtaining information of its products and services provided that you are not authorized to display, distribute, download, modify, print, store, transmit, or use any materials or content appearing on the Site or the Application.
CHOICE OF LAW / VENUE: If any disputes arise between us regarding your use of the Site or the Application, such disputes shall be resolved according to the laws of the State of Nebraska, and the federal and state courts of Nebraska shall have exclusive jurisdiction over all such claims.
UNSOLICITED MATERIALS: PayFlex does not accept unsolicited ideas, text, graphics, proposals, or other information from the general public. PayFlex shall be under no obligation to treat any unsolicited submissions it receives as confidential. PayFlex shall not incur any liability or incur any obligation to provide compensation as a result of any unsolicited ideas, text, graphics, proposals, or other information it receives.
NOTICE: PayFlex may deliver notice to you under these Terms and Conditions by means of electronic mail, a general notice on the Site or any affiliated PayFlex owned web site, or by written communication delivered by first class U. S. mail to your address on record in the Site’s account information. Notice given by PayFlex pursuant to any such method shall be binding and effective on you for all purposes.
CONFLICT: If there is a conflict between these Terms and Conditions and the service agreement, the terms of the service agreement will prevail.