BenefitPitch Vendor TERMS OF USE

 

Sante Nasc, LLC (“Company”) operates its BenefitPitchTM website which provides research and other data for use by brokers, consultants, and other customers of Company (“Customers”), relating to vendors in the field of healthcare, wellness, and other insurance and employee benefits (this “Website”). As a vendor (“You” or “Vendor”), Company is providing You access to this Website for the limited purpose of providing and updating information on your company which information will be made available to Customers (“Vendor Information”).   Your access to the Website is conditioned upon your acceptance of these Terms of Use. You agree to read these Terms of Use carefully before using this Website. By using this Website, You expressly agree to these Terms of Use. If You do not agree to these Terms of Use, You may not use this Website. These Terms of Use are subject to change from time to time, and at any time without notice to You. Any changes will be incorporated into the Terms of Use posted to this Website from time to time.

 

Authorized Use and Vendor Conduct

You agree that You will use this Website in a manner consistent with these Terms of Use and other instructions posted on this Website. You agree not to interrupt or attempt to interrupt the operation of this Website in any way or to attempt to gain unauthorized access to this Website, any portion thereof, or to any other computer systems through this Website. You agree that You will not use this Website in any manner that could damage, disable, overburden or impair this Website or interfere with any other party’s use of this Website. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available by or provided through this Website. You also will not post to the Website any material or content that violates or infringes the rights of others or which is unlawful, defamatory, obscene, profane, threatening, harassing, indecent or otherwise objectionable or which violates any applicable law. Unauthorized use of this Website, including but not limited to unauthorized entry or attempted entry into any systems, misuse of passwords, misuse of any information posted to this Website or illegal conduct is strictly prohibited. We reserve the right to prohibit access to anyone determined by Company to be violating or attempting to violate these Terms of Use.

 

Account and Password

In the course of Your use of this Website, Company may be provided with certain of Your personal and confidential information (such information referred to hereinafter as “Vendor Information”). Company’s information collection and use policies with respect to the privacy of such Vendor Information are set forth in this Website’s Privacy Policy, located on the Login screen, which is incorporated herein by reference for all purposes. You acknowledge and agree that You are responsible for the accuracy and content of all Vendor Information.

 

When You register to be able to use this Website, You will be issued an account, which will have a user name and password. You are responsible for maintaining the confidentiality of Your user name and password. You are solely responsible for all acts or omissions that occur through the use of Your user name and password by You or any person or entity using a password provided to You, whether or not such access or use has been authorized by You. You agree to ensure that You exit from your account at the end of each session. It is Your sole responsibility to control the dissemination and use of Your password and access to and use of Your account. Company will not be responsible or liable for any loss or damage arising from Your failure to comply with this provision. If You believe that someone has accessed Your account on this Website without Your authorization, You should immediately contact Company using the Contact Us feature on this Website or by telephone.

 

By creating an account to use the Website and Services, You agree that Company may put You on its mailing list and send you marketing information via mail and email.

 

Vendor Authorization and Representation

Vendor hereby authorizes Company to make any and all Vendor Information (with the exception of Vendor account information), provided by Vendor hereunder, available to Company’s Customers through the Website.  Vendor represents that the Vendor Information which You provide to the Website is accurate to the best of your knowledge and information.



Copyrights and Trademarks

This Website and the Services contain copyrighted works, trademarks and other proprietary material owned by Company or Third Party Service Providers. Except as noted herein, Company and its suppliers own all rights, title and interest in and to this Website, all the content, data and materials thereon (with the exception of your personal and account information), the look and feel, design and organization of this Website and the compilation of the content, data and materials on this Website, including, but not limited to, any copyrights, trademark rights, patent rights and other intellectual property and proprietary rights therein. Notwithstanding the foregoing, You retain ownership of your own trademarks and materials used in connection with Your participation on the Website (“Vendor Materials”).  You authorize Company to use such Vendor Materials in connection with its operation of the Website and represent and warrant that such Vendor Materials do not infringe or otherwise violate the rights of any third parties. You may not copy, reproduce, modify, create derivative works, publish, transmit, display, sublicense or distribute material or images from this Website without Company’s express written. Any commercial distribution, publishing or exploitation of this Website or the materials on this Website is strictly prohibited.

 

No Guarantee of Results

The content and tools that are available on this Website are for information purposes for the use of Customers. Company makes no guarantee that You will make any sales based upon your participation in the Website. You are solely responsible for any actions or decisions that You make with Customers based upon Your participation in this Website. Neither Company nor any of its third party providers will have any responsibility or liability to You related to Your use of this Website, including, without limitation, any decisions that You make utilizing this Website.

 

Additionally, You agree that Customers of the Website may rate You and Your services and that Company shall have no responsibility or liability related to such Customer ratings.

 

Disclaimers

ALTHOUGH WE USE REASONABLE EFFORTS TO PROVIDE ACCURATE AND UP-TO-DATE INFORMATION THROUGH THIS WEBSITE, NEITHER COMPANY NOR ANY THIRD PARTY SERVICE PROVIDER MAKES ANY WARRANTIES OR REPRESENTATIONS AS TO THE AVAILABILITY, ACCURACY, RELIABILITY, UPTIME OR UNINTERRUPTED ACCESS OR COMPLETENESS OF CONTENT ON THIS WEBSITE. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, ORAL, WRITTEN OR ELECTRONIC, STATUTORY OR OTHERWISE, WITH REGARD TO INFORMATION CONTAINED ON THIS WEBSITE AND YOUR USE OF THE WEBSITE, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.



Limitation of Liability

UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL COMPANY, OR ITS DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS, OR ANY THIRD PARTY SERVICE PROVIDERS (COLLECTIVELY, THE “PROTECTED ENTITIES”) BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES THAT RESULT IN ANY MANNER DIRECTLY OR INDIRECTLY FROM (1) THE USE OF OR INABILITY TO USE THIS WEBSITE OR ANY SERVICES, CONTENT, MATERIALS OR FUNCTIONS RELATED THERETO, (2) THE CONSEQUENCES OF ANY DECISION MADE OR ACTION OR NON-ACTION TAKEN BY YOU AS A RESULT OF YOUR USE OF THIS WEBSITE, OR (3) ANY OTHER MATTER RELATING TO THE CONTENT, SERVICES OR DISTRIBUTION OF SERVICES THROUGH THIS WEBSITE. TO THE EXTENT THE FOREGOING DISCLAIMER IS NOT ENFORCEABLE, THE PROTECTED ENTITIES’ CUMULATIVE LIABILITY HEREUNDER SHALL IN NO EVENT EXCEED, IN THE AGGREGATE, $1,000.



Protecting Your Information

Company utilizes reasonable security technologies to protect Your confidential information. However, the security of this information depends on, among other things, the security of Your computer and the network it may be on, the security You use to protect Your confidential information, the security provided by Your Internet access services provider, the security of the means of transmission of data through the Internet and, more generally, on the effectiveness of the security technologies that are used to protect Your confidential information. Although Company takes reasonable security precautions regarding information transmitted to and stored on this Website, due to the open nature of the Internet, Company cannot guarantee that any information stored on Company (or its third party provider) servers, or transmitted to or from a Customer, will be free from unauthorized access, and Company disclaims any liability for any theft or loss of, unauthorized access or damage to, or interception of any data or communications. By using this Website, You acknowledge that You understand and agree to assume these risks.

 

If You contact Company by e-mail, You should be aware that e-mail transmission might not be secure. A third party could view information You send by e-mail in transit. We will have no liability for disclosure of Your information due to errors or unauthorized acts of third parties during transmission.

 

If You are requested to send Company any sensitive personal information, such as Your username or password, in an e-mail, on this Website or otherwise, and You are uncertain whether such request is authorized by Company, please do not hesitate to contact Company.

 

In the unlikely event that Company believes that the security of Your personal information in its possession or control may have been compromised, Company may seek to notify You of that development. If a notification is appropriate, Company will endeavor to do so as promptly as possible under the circumstances, and, to the extent Company has Your e-mail address, Company may notify You by e-mail. You consent to Company’s use of e-mail as a means of such notification.

 

Modifications to this Website and the Services

Company may terminate, change, suspend or discontinue any aspect of this Website or any related services, including, but not limited to, content, features or hours of availability. Company may also impose limits on certain features of this Website or any services or restrict Your access to a portion or all of this Website without notice.

 

Miscellaneous

These Terms of Use constitute the entire agreement regarding this Website and any Services, and supersede all prior or contemporaneous communications, whether electronic, oral or written between You and Company with respect to this Website or the Services. These Terms of Use are governed by and construed in accordance with the laws of the Commonwealth of Massachusetts, without giving effect to any principles of conflicts of law. If a court determines that any term or condition in these Terms of Use is illegal or unenforceable, then such term will be eliminated and the remaining terms and conditions will remain in force and effect. Company’s failure to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision. If any provision of these Terms of Use is found by a court of competent jurisdiction to be invalid, You nevertheless agree that the court should endeavor to give effect to the intentions as reflected in the subject provision, and the other provisions of these Terms of Use shall remain in full force and effect.



PRIVACY STATEMENT

 

Sante Nasc, LLC (“Company”) operates a website which provides research and other data for use by brokers, consultants, and other customers of Company (“Customers”), relating to vendors in the field of healthcare, wellness, and other insurance and employee benefits (this “Website”). As a vendor (“You” or “Vendor”), Company is providing you access to this Website for the limited purpose of providing and updating information on your company which information will be made available to Customers (“Vendor Information”).  By using this Website, Vendor agrees and authorizes Company to make such Vendor Information available through the Website to its Customers.

 

Company takes the issue of privacy very seriously. Users to this Website can be assured that personal and account information shared on this Website will receive the security, privacy and confidentiality that would be expected from a company providing these informational services.

 

This Privacy Statement provides information about what type of information is gathered and tracked on this Website, how the information is used, and with whom the information is shared. By visiting this Website, and/or using the Services offered on or through this Website, You agree to the terms of this Privacy Policy as they may be amended from time to time. As Company updates and expand any Services, this Privacy Policy may change, so check back to this screen from time to time. This Privacy Policy is incorporated into, and made part of, the Terms of Use governing Your use of this Website. A link to the Terms of Use is located at the bottom of each screen on this Website.

 

How information is collected

 

In general: Unless You provide personally identifiable information to Company voluntarily or the information is collected by means of “cookies” in the manner described in this Privacy Statement, Company does not collect information about You in connection with Your use of this Website. The personally identifiable information that Company may have, and which enables Company to allow Your participation on the Website, includes, for example, Your name and contact information, and account information.


Use of “cookies”: A “cookie” is a small piece of information about an Internet session that may be created and placed on Your computer when You access a web site.  Company uses cookies to facilitate easier navigation within this Website, to provide a higher level of convenience for You, and for administrative purposes. Company does not use cookies for any other purposes. This information is not shared with any other party for any commercial purposes. You can set your browser (e.g. Microsoft Internet Explorer) to notify You when a web site attempts to send a cookie. Your browser will allow You to decide whether or not to accept the cookie. If You choose to disable cookies in Your browser, You may not be able to take advantage of all the features of this Website, or other web sites. Additionally, Your Flash player can be set to reject or delete Flash cookies.

 

How information collected is used


Company respects your right to privacy. Any sensitive or confidential information You provide to Company via this Website remains confidential. Company also has implemented security measures to protect against the loss, misuse or alteration of information stored in its systems.  Company will only use the information collected from You to address Your specific inquiries or requests and to provide to You better customer service. The information collected also is used to provide a record of communications between Company and You and to comply with any applicable legal and/or regulatory requirements.

 

Other access to information

 

Affiliates and service providers: Third party service providers that assist Company in meeting the needs of its customers, may under certain circumstances receive personal information collected from You as a user of this Website. Such information is disclosed only to respond to Your inquiries or requests, and to provide You with information about other products and services offered. Personal information will be treated by these entities with the same standards of privacy and confidentiality that Company uses.

 

Other Third parties:  Company does not transmit any personal information collected through this Website to any third-party marketers.

 

Legal Issues: From time to time, Company may be required to provide personal information in response to a court order, subpoena, government investigation or as otherwise required by law. Company also reserves the right to report to law enforcement agencies any activities that Company, in good faith, believe to be unlawful.  Company may disclose Your personal information to government authorities at its discretion. Company may release certain personal information when Company believes that such release is reasonably necessary to protect the rights, property and safety of others or itself.

 

Business Transfer: In the event Company, substantially all of its assets, or its BenefitPitch website, are acquired by one or more third parties as a result of a merger, sale, consolidation or liquidation, Your personal information may be incorporated into the transferred assets.

 

Third party web sites

 

This Website may contain links to third party web sites that You may find useful. Once You leave this Website, Company does not receive any of Your information. Except to the extent required to provide services that You request, Company does not provide any of Your information to any third party web site. These third party web sites may have their own privacy policies. You should review the privacy policy of any web site before You provide personal or confidential information.  Company is not responsible for the content of these other web sites or any business You transact or information You share with them.

 

Right to Change this Privacy Policy

 

Company reserves the right to change or update this Privacy Policy at any time, and will notify users of this Website by posting such changed or updated Privacy Policy on this screen. Any changes or updates will be effective immediately upon posting to this Website.

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