Revised: June 16, 2011
PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE. BY USING THIS WEBSITE, YOU AGREE TO THESE TERMS AND CONDITIONS.
The eBenX website ("Website") is an educational resource that provides information about health insurance coverage options and is owned and operated by SHPS, Inc. ("SHPS"), an independent third-party provider of health advocacy and health benefits solutions. SHPS is responsible for any policies regarding this Website, including these Terms and Conditions. Also, these Terms and Conditions apply only to this Website and do not change the terms or conditions of any other agreement you have with SHPS for other products or services.
General Provisions
The contents of this Website, including all text, graphics, images, information, and other materials ("Content"), are for informational purposes only and are intended to provide general information on a variety of health insurance coverage options. None of the information contained in this Website is intended to be, nor should it be considered to be, an offer to sell or as a solicitation to purchase any product or service.
SHPS is not providing professional advice of any kind. If you have a question requiring professional advice, such as a question relating to health insurance options, law, tax, or financial planning, please seek the advice of a qualified professional in the relevant field.
Existing Insurance Coverage
DO NOT CANCEL ANY EXISTING INSURANCE UNTIL YOU RECEIVE WRITTEN CONFIRMATION FROM THE INSURANCE COMPANY THAT ANY NEW POLICY IS IN EFFECT.
Copyright
All content included on this Website, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of SHPS or its content suppliers and protected by United States and international copyright laws. You may electronically copy and print to hard copy portions of this Website for the sole purpose of using materials it contains for informational and non-commercial, personal use. Any other use of the materials in this Website - including any commercial use, reproduction for purposes other than described above, modification, distribution, republication, display, or performance - without the prior written permission of SHPS - is strictly prohibited.
SHPS respects the intellectual property of others, and we ask our users to do the same. SHPS may, in appropriate circumstances and at its own discretion, limit access to this Website and/or terminate the access of any users who abuse the intellectual property rights of others.
Trademarks
All trademarks, service marks, trade names, logos, and icons are proprietary to their respective owners. Nothing contained on this Website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any such mark, name, logo, icon, or other intellectual property without the written permission of the owner of that intellectual property.
Content and Services
SHPS undertakes no obligation to update any of the Content of this Website and does not warrant or guarantee the accuracy or completeness of the information provided on his Website, whether provided by SHPS or third parties.
Hyperlinks
Some of the pages on this Website may provide hypertext links to other sites created by other organizations. Because those other sites are not under SHPS' control, SHPS cannot guarantee the quality, accuracy, or timeliness of those sites, or that those sites are free from viruses, worms, trojan horses, malicious codes and other items of a destructive nature. SHPS does not endorse, makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature, or reliability of websites accessible by hyperlink from this Website. Your use of third-party websites is at your own risk and subject to the terms and conditions of use for such websites. Any links provided by SHPS are done so only as a convenience, and inclusion of any link does not imply affiliation with, adoption of any site, or endorsement of (i) any website, (ii) any product or service advertised on these websites, or (iii) any other information contained therein. If you would like to provide a hypertext link from your site to this site, please request SHPS\0x2019 permission before doing so. To request such permission, send a message via e-mail to bart.turney@shps.com. Please include in your message your name, address and telephone number, and a description of your site and the reason why you would like to establish a link to this site.
Disclaimer
THIS WEBSITE AND ITS CONTENTS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, SHPS DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. SHPS DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIALS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES, WORMS, TROJAN HORSES OR OTHER CODE THAT HAS CONTAMINATING OR DESTRUCTIVE PROPERTIES OR OTHER HARMFUL COMPONENTS. SHPS DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS ON THIS WEBSITE, YOU (NOT SHPS) ASSUME THE ENTIRE COSTS OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. THE INFORMATION AND DESCRIPTIONS CONTAINTED HEREIN ARE NOT INTENDED TO BE COMPLETE DESCRIPTIONS OF ALL APPLICABLE TERMS, EXCLUSIONS AND CONDITIONS, BUT ARE PROVIDED SOLEY FOR GENERAL INFORMATIONAL PURPOSES. SHPS RESERVES THE RIGHT TO CHANGE ANY AND ALL CONTENT CONTAINED ON THIS WEBSITE AT ANY TIME WITHOUT NOTICE.
Modification and Amendments
SHPS reserves the right to amend or modify the Content, function, or any policies governing this Website, including these Terms and Conditions, at any time without notice. Such amendments and modifications shall be effective immediately. Your continued access or use of this Website shall be deemed your acceptance of any changes and the reasonableness of these standards for notice of changes.
Limitation of Liability
In no event shall SHPS be liable for any direct, special, indirect or consequential damages, or any other damages of any kind, including but not limited to loss of use, loss of profits, or loss of data, whether in an action in contract, tort (including but not limited to negligence), or otherwise, arising out of or in any way connected with the use of this Website or the Content or other materials contained in, or accessed through, this Website, even if SHPS is advised of the possibility of such damages, including, without limitation, any damages caused by or resulting from reliance by user on any information obtained from the Website or SHPS, or that results from mistakes, omissions, interruptions, deletion of files or e-mail, error, defects, viruses, delays in operation or transmission or any failure of performance, whether or not resulting from acts of God, communications failure, theft, destruction or unauthorized access to SHPS\0x2019 records, programs, or services. In no event will the aggregate liability of SHPS (whether in contract, warranty, tort-including negligence, whether active, passive or imputed-product liability, strict liability or other theory) arising out of or related to the use of this Website exceed U.S. $1,000. SHPS is not liable for any personal injury, including death, caused by your use or misuse of this Website, the content or other materials contained in or accessed through this Website. All claims arising in connection with your use of this website, any content or any other materials must be brought within one (1) year of the date on which the event giving rise to such action occurred. Remedies under these terms and conditions are exclusive and are limited to those provided for herein.
Indemnification
You shall indemnify and hold harmless SHPS, its affiliates and their respective officers, directors, employees, agents, licensors and suppliers, from and against any claims, actions, demands, liabilities, and settlements (including without limitation reasonable attorneys' fees) arising out of or in connection with your breach of these Terms and Conditions.
Miscellaneous
If any provision of these Terms and Conditions shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and Conditions and shall not affect the validity and enforceability of any remaining provisions. These Terms and Conditions shall be governed by and construed in accordance with the laws of the Commonwealth of Kentucky, applicable to agreements made and entirely to be performed within Kentucky, without resort to its conflict of law provisions. Any action at law or in equity arising out of or relating to these Terms and Conditions shall be filed only in Jefferson Circuit Court or U.S. District Court for the Western District of Kentucky, both located in Louisville, Kentucky, and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of use of this Website and these Terms and Conditions.
Questions & Contact Information
General questions or comments about this Website may be directed to corporate@shps.com.
