Terms & Conditions

Welcome to www.manning-napier-benefits.com (the “Site”), a web site maintained by Manning & Napier Benefits, LLC (MNB) and Manning & Napier Information Services, LLC . Your use of the Site is subject to the following terms and conditions:

1. ACCEPTANCE
These Terms of Access govern your access to the Site. Your use of the Site conclusively indicates that you have reviewed and accepted these Terms of Access.

2. ADDITIONAL PROVISIONS
There may be additional terms and conditions specifically relating to your use of certain portions of the Site. If you use these other portions of the Site, you will also be bound by those other terms and conditions.

3. USE
You agree to use the Site only for lawful purposes and in a manner which does not infringe the rights of, or restrict or inhibit the use and enjoyment of the Site by, MNB or any other individual or entity (each, a “Person”).

4. CONTENT
Any material or content contained on the Site (“Content”) is subject to change by MNB without notice. All right, title and interest in any Content belongs to MNB (or to the Person which provided the Content to MNB, as applicable) unless otherwise agreed to in writing by MNB or such Person. If you submit Content to the Site, you: (a) grant MNB and its affiliates and licensees the right to use, modify, distribute, reproduce, copy, print, store, transmit, publicly display, perform, adapt and publish that Content and (b) represent and warrant that (i) you own or otherwise have the rights to use and post that Content and (ii) use of the Content by MNB will not infringe or violate the rights of any Person.

You may not use, sell, license, rent, modify, transfer, distribute, reproduce, copy, print, store, transmit, publicly display, perform, publish, edit or create derivative works from any Content except as permitted by these Terms of Access. You may print or download copies of the Content on a single computer for personal, non-commercial, internal use only, provided all copyright and other proprietary notices are kept intact. You may not use the Site or any Content for any purpose prohibited by MNB or by applicable law.
Any access or attempt to access other areas of any computer equipment on which the Site is located or other information contained on such computer equipment for any purpose is prohibited.

5.IP CONTENT
The Site may contain trademarks and service marks owned by MNB or by other Persons. All such trademarks and service marks will at all times remain the property of MNB or such Persons, as applicable. All copyrights and other intellectual property rights in any Content are owned by MNB or by other Persons unless otherwise agreed to in writing by MNB or such Persons. Access to the Site does not give you a right to copy or use any intellectual property thereon except as specifically provided in these Terms of Access.

6. DISCLAIMER
THE SITE, ALL SOFTWARE RELATED THERETO AND ALL CONTENT ARE MADE AVAILABLE TO YOU “AS IS” AND WITHOUT ANY WARRANTY OR REPRESENTATION, WHETHER EXPRESS OR IMPLIED, OF ANY KIND. WITHOUT LIMITING THE GENERALITY OF THE PRECEDING SENTENCE, MNB DOES NOT REPRESENT OR WARRANT THAT (A) ANY USE OF THE SITE OR ANY SOFTWARE RELATED THERETO OR ACCESS TO ANY CONTENT WILL BE UNINTERRUPTED OR ERROR-FREE, (B) DEFECTS IN THE SITE, ANY SOFTWARE RELATED THERETO OR ANY CONTENT WILL BE CORRECTED, (C) THE SITE OR ANY SOFTWARE RELATED THERETO IS FREE OF VIRUSES OR OTHER HARMFUL COMPUTER CODE OR (D) ANY CONTENT IS ACCURATE.

7. LINKS
The Site may from time to time be linked (whether by automatic search results or otherwise) to other web sites that are not maintained by MNB. MNB is not responsible for any content contained on such other web sites or otherwise with respect to such other web sites. No link from the Site to another web site, or from another web site to the Site, is an endorsement, sponsorship or recommendation by MNB of such other web site. MNB will have no liability to you arising from any link from another web site to the Site or from the Site to another web site.

8. OBLIGATIONS
MNB acknowledges that the Health Insurance Portability and Accountability Act of 1996, as amended (“HIPAA”), applies to certain personal information that MNB may obtain from you, providers and plans, to the extent that such personal information contains Protected Health Information (defined below) (“PHI”). Notwithstanding anything herein to the contrary, MNB shall not be held liable for any improper use or disclosure of PHI by you, a participant or beneficiary using the Site or its related services, your employer, your health plan, a provider or any third party not under MNB’s direction or control.

MNB may use or disclose PHI on your behalf or to provide services to you solely to (1) provide the services associated with the Site to you (or for your benefit) or an authorized person, provided that such use or disclosure would not violate HIPAA if done by you; (2) for proper management administration of MNB’s business; (3) to carry out MNB’s legal responsibilities if such disclosure is required by law; or (4) if MNB receives reasonable assurance from the individual or entity that will receive such information that the PHI will be kept confidential and used or further disclosed only as required b y HIPAA or other applicable law.

You agree to provide MNB with accurate, current and complete information to the extent required by MNB in connection with your use of the Site, whether for your registration as a user of this Site, services provided to you by the Site, or at any time thereafter, and to maintain and update this information as required to keep it accurate, current and complete. You agree that during your enrollment process and in your use of this Site you will not impersonate any other person or entity, and you represent and warrant that you are a person at least 18 years of age or older.

You agree that your use of the Site and the Content will be in conformance with the HIPAA. “Protected health information” is individually identifiable health information concerning an individual. “Individually identifiable health information” is health information that is transmitted to or received by the Site that relates to the physical or mental health or condition of an individual or to the provision of health care to the individual or the payment for such health care that identifies the individual. PHI includes demographic information only when individually identifiable. You agree that you will not use or further disclose protected health information in a way that would violate the requirements of any state or federal law, rule or regulation, including, but not limited to, HIPAA.

You are responsible and liable for any activity relating to the Site, any software related thereto or any Content by you and any other Person who uses your account with MNB. Other users of your account will be bound by these Terms of Access as if they were you. You are responsible for maintaining the confidentiality of your user identification and password and for any liability to MNB or any other Person resulting from the disclosure of your user identification or password. You agree that, upon your becoming aware that your user identification, password or account is being used without authorization, you will change your user identification and password and notify MNB immediately.

You are responsible for obtaining and maintaining the equipment and telephone, cable or other services necessary to access and use the Site and for any telephone, cable or other charges associated with connecting to and using the Site, including, but not limited to, any telephone, cable or other charges associated with the transmission to and from your computer or any information sent by or on behalf of MNB.

9. INFORMATION PROVIDED
All comments, graphics, ideas and other information, except protected health information, which you provide to MNB through the Site will become the property of MNB without any compensation to you.

10. INFORMATION COLLECTED
MNB may collect information from you and your use of the Site for many purposes. You consent to MNB using such information for any lawful purpose.

11. MISUSE OF INFORMATION
MNB will protect any information provided by you to MNB through the Site from misuse or disclosure to the extent required by applicable law, including, but not limited to, HIPAA and its implementing regulations.

12. LIMITATION ON LIABILITY
MNB WILL NOT BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY DAMAGES INCURRED IN CONNECTION WITH YOUR USE OF THE SITE OR ANY CONTENT OR ANY OTHER MATTER RELATING TO THE SITE, ANY SOFTWARE RELATED THERETO OR ANY CONTENT (INCLUDING, BUT NOT LIMITED TO, ANY CONSEQUENTIAL, DIRECT, INCIDENTAL, INDIRECT, PUNITIVE, SPECIAL OR OTHER SIMILAR DAMAGES), EVEN IF THE POSSIBILITY OF SUCH DAMAGES COULD HAVE BEEN FORESEEN BY MNB.

13. INDEMNIFICATION
You will indemnify and hold harmless MNB from and against all costs, damages, expenses, indebtedness, liabilities and losses incurred by MNB (including, but not limited to, fees and disbursements of counsel to MNB) in connection with your use of the Site or any Content, except to the extent such costs, damages, expenses, indebtedness, liabilities and losses are incurred by MNB solely due to its gross negligence.

14. TERMINATION AND MODIFICATION
MNB may at any time terminate or alter the Site or modify any Content without notice to you and without any liability to you for such termination, alteration or modification.

15. NOTICES
You may send notices to MNB by United States mail at MNB, c/o Benefficiency Product Management, 500 Corporate Parkway, Suite 120, Amherst, New York 14226. Any such notice will be effective upon actual receipt by MNB. MNB may send notices to you through e-mail, regular mail or a posting on the Site. Any such notice will be effective upon actual receipt by you in the case of e-mail or regular mail or upon posting in the case of such notice being posted on the Site.

16. MISCELLANEOUS
These Terms of Access (a) may be amended by MNB at any time by posting such amendment on the Site, whether or not you actually receive notice of such amendment, or by you and MNB in a writing executed by both you and MNB, (b) inure to the benefit of, and are binding upon, you and MNB and each of your and MNB’s successors and assignees, except that you may not assign any of your obligations under these Terms of Access without MNB’s prior written consent, (c) are governed by, and will be interpreted and enforced in accordance with, the internal laws of the State of New York, without regard to principles of conflict of laws, and (d) constitute the entire agreement between you, MNB with respect to the subject matter of these Terms of Access, and supersede all prior oral and written proposals, representations, understandings and agreements between you and MNB. You and MNB will submit any dispute relating to the Site, any Content or these Terms of Access exclusively to a federal or state court located in the County of Erie, New York and consent to its being a proper venue for such dispute. Visitors to the Site are bound by these Terms of Access, the Privacy Policy and the HIPAA Policy, and you are advised to read them all thoroughly.

17. PRIVACY PROTECTIONS FOR CHILDREN
No part of the Site is designed or directed to children. One must be eighteen (18) years of age to be eligible to register to use the Site or for certain benefits of the Site. Therefore, MNB does not knowingly collect personally identifiable information for any minor and thus is not subject to the Children’s Online Privacy Act.