THESE TERMS OF USE constitute an agreement (“Agreement”) made between XYZ and any person accessing this website operated by MyBenefitsApp with respect to your use of XYZ website, ZYX.mybenefitsapp.com. You agree to abide by all of the terms of this Agreement as a condition of your continuing to access, view or use the Site. Brown & Brown/Hays may be referred to as “parties” (or individually as a “party”) in this Agreement.

The Site is proprietary to and is protected by copyright and other intellectual property laws and international intellectual property treaties. Your access to the Site is by license or permission. Subject to the terms and limitations set forth in this Agreement, XYZ agrees to provide You with a personal and non-exclusive right to access, view and use the Site.

You agree that from time to time the Site may be inaccessible or inoperable for any reason, including, without limitation: (i) equipment malfunctions; (ii) periodic maintenance procedures or repairs which XYZ may undertake from time to time; or (iii) causes beyond the control of XYZ, whether or not foreseeable.

You shall be solely responsible for providing, maintaining and ensuring compatibility with the Site, all hardware, software, electrical and other physical requirements for your use of the Site, including, without limitation, telecommunications and Internet access connections and links, web browsers or other equipment, programs and services required to access and use the Site.

Security and Privacy
You shall be solely responsible for the security, confidentiality, integrity, and use of all messages and/or the content that You transmit to the Site. Except as otherwise indicated below, XYZ will use commercially reasonable efforts to not monitor, edit, or disclose any personal information about You, including your use of the Site, without your prior consent unless XYZ has a good faith belief that such action is necessary to: (i) comply with legal process or other legal requirements of any governmental authority; (ii) protect and defend the rights or property of XYZ; (iii) enforce this Agreement; (iv) protect the interests of users of the Site other than You or any other person; or (v) operate or conduct maintenance and repair of XYZ services or equipment, including the Site as authorized by law. Nonetheless, You have no expectation of privacy with respect to the Internet generally or this Site in particular, and XYZ reserves the right, to the extent permitted by applicable law, to gather necessary information about You and your use of the Site. Such personal information that is voluntarily submitted to XYZ is not sold, and is not shared with entities outside of the firm other than appropriate service providers who assist the firm in carrying out its marketing and business functions. In general, XYZ provides You with the right to opt-out of receiving marketing and other discretionary communications, and to update, supplement or delete your own voluntarily submitted personal information which XYZ uses for the previously noted business purposes.

No Attorney-Client Relationship
Simply contacting XYZ by email or otherwise will not establish an attorney-client relationship between You and XYZ. Transmission of information between XYZ and You is not intended to, and will not create, an attorney-client relationship between XYZ and You. No such relationship will exist unless and until a partner in XYZ expressly and explicitly agrees in a written engagement letter with You that the firm will undertake an attorney-client relationship with You. As a result, You should not transmit any confidential or sensitive information to us until a formal attorney-client relationship has been established. XYZ does not agree to accept and/or maintain the secrecy of any unsolicited information You send to us unless an attorney-client relationship currently exists between us. XYZ cannot permit an attorney-client relationship to exist until we have obtained all necessary information and evaluated all relevant information concerning potential conflicts of interest. Even in the absence of a conflict of interest, XYZ, in its sole discretion, may decide not to enter into an attorney-client relationship with You. The information and content contained on this Site is not intended to constitute legal advice, and You should contact an attorney before relying on any such information or content.

Compliance/Attorney Advertising
The contents of this Site may constitute advertising under the applicable laws, regulations and ethical rules (the “Bar Rules”) of some jurisdictions. If this Site fails to comply with the Bar Rules of the state from which You access or view this Site, XYZ does not wish to represent You. Unless otherwise noted, XYZ attorneys are NOT certified by the boards of legal specialization of any state.

Content Restrictions
All materials included on this Site, including without limitation text, graphics, images, logos and other materials (collectively, “Content”), and all related intellectual property rights (including without limitation trademarks, service marks, logos, copyrights, trade dress and the “look and feel” of the Site), are owned by XYZ (or are displayed by XYZ with permission of its owners or as permitted by applicable law). You agree not to copy, reproduce, display, modify, transmit or distribute such Content, except printing copies for your own, non-commercial use, without the prior written consent of XYZ. These restrictions apply to such Content in all adaptations or transformations and in all media and forms, now existing or hereafter developed.

Content Disclaimer
All Content is provided “AS IS”. XYZ does not ensure that the Content is timely or accurate, or will remain accurate or is complete. Content may be correct when published and later become obsolete or incorrect. XYZ does not represent that the Content will be free of errors, defects or viruses, or that any such errors, defects or viruses will be corrected. XYZ expressly disclaims all implied warranties, including without limitation the implied warranties of merchantability, fitness for a particular purpose and non-infringement.

XYZ reserves the right to change, modify, add or remove any portion of this Agreement, in whole or in part, at any time in our sole and absolute discretion. Changes in this Agreement will be posted on this Site. Your continued use of this Site after any changes are made shall be deemed your acceptance of the changes.

Prohibited Uses
You are solely responsible for your acts and omissions when using the Site, and You agree not to engage in unacceptable use of the Site, including without limitation use of the Site to: (a) transmit unsolicited messages, chain letters or unsolicited commercial email; (b) transmit material that, to a reasonable person may be abusive, obscene, pornographic, defamatory, harassing, offensive, vulgar, threatening or malicious; (c) transmit files, graphics, software or other material that actually or potentially infringes the copyright, trademark, patent, trade secret or other intellectual property right of any person; (d) transmit viruses, trojan horses or any other malicious code or programs; (e) engage in systematic retrieval of data or other content from this Site to create or compile, directly or indirectly, a collection, compilation, database or directory without written permission from XYZ by use of scrapers, spiders or other tools; or (f) engage in any other activity deemed by XYZ to be in conflict with this Agreement.

Links to Other Sites
This Site may contain links to other websites for your convenience. These sites are not under the control of XYZ, and XYZ has no responsibility for the content contained on any linked site and disclaims all liability for anything contained on a linked site. If You link to any sites from the Site, You do so entirely at your own risk. You should review the terms of use and privacy policy of any site to which You link from the Site.

Please contact your Human Resources department with any questions.

Copyright 2018 XYZ. All Rights Reserved.

Federal regulations require XYZ to provide benefits-eligible employees with the following notices:

Private Health Information
A portion of the Health Insurance Portability and Accountability Act of 1996 (HIPAA) addresses the protection of confidential health information. It applies to all health benefit plans. In short, the idea is to make sure that confidential health information that identifies (or could be used to identify) you is kept completely confidential. This individually identifiable health information is known as “protected health information” (PHI), and it will not be used or disclosed without your written authorization, except as described in the Plans HIPAA Privacy Notice or as otherwise permitted by federal and state health information privacy laws. A copy of the Plan’s Notice of Privacy Practices that describes the Plan’s policies, practices and your rights with respect to your PHI under HIPAA is available from your medical plan provider. For more information regarding this Notice, please contact XYZ Resources or the medical plan directly.

Women’s Health and Cancer Rights Act
XYZ’s medical plans, as required by the Women’s Health and Cancer Rights Act of 1998, provides benefits for mastectomy-related services. These services include:

  • All stages of reconstruction of the breast on which the mastectomy was performed
  • Surgery and reconstruction of the other breast to produce a symmetrical appearance
  • Prostheses and treatment of physical complications resulting from mastectomy (including lymphedema)

This coverage will be provided in consultation with the attending physician and the patient, and will be subject to the same annual deductibles and coinsurance provisions that apply to the mastectomy. For more information, contact your medical plan provider.

Special Enrollment Rights
If you are declining enrollment for yourself or your dependents (including your spouse) because of other health insurance coverage, you may be able to enroll yourself and your dependents in a XYZ health plan if you or your dependents lose eligibility for that other coverage (or if the employer stops contributing towards you or your dependents’ other coverage.) However, you must request enrollment within 30 days after you or your dependent’s other coverage ends (or after the employer stops contributing toward the other coverage.)

In addition, if you have a new dependent as a result of marriage, birth, adoption, or placement for adoption, you may be able to enroll yourself and your dependents, provided that your request enrollment within 30 days after the marriage, birth, adoptions, or placement for adoption. For more information, contact XYZ Resources.

Notice of Prescription Drug Creditable Coverage
XYZ provides a “Notice of Prescription Drug Creditable Coverage” to all Medicare-eligible participants on an annual basis. This notice states that under the XYZ medical plan, you have prescription drug coverage that is, on average, as generous as the standard Medicare prescription Drug Coverage. If you or an enrolled dependent becomes eligible for Medicare, you will receive this notice for your records. A copy is available upon request from XYZ Resources.

Individual Coverage Mandate
Effective January 1, 2014, Federal law requires that you have Health Care coverage or you may be subject to an income tax penalty. You can enroll in XYZ’s health plan, or you may want to consider visiting www.healthcare.gov for information on health plans available through the Healthcare Marketplace in your area.