The Site and any applications, services, text, graphics, multimedia content, or other information, data, content or material available on or through the Site, all related code provided through the Site, and any modifications, updates, upgrades, copies, derivative works, augmentations or customizations of the foregoing shall be referred to collectively as the “Materials”. You acknowledge and agree that, Nexben and/or its affiliates and/or its licensors shall own all worldwide right, title and interest in and to the Materials, including, without limitation, all worldwide intellectual property rights, patents, patent applications, copyrights, trademarks, trade secrets, rights of publicity and privacy and other proprietary rights. All rights not expressly granted to you herein are reserved to Nexben and/or its affiliates and/or its licensors.
Material from the Site may not be copied, reproduced, distributed or modified, except that you may print and provide credit applications, insurance contracts, disclosures, and other Materials as expressly provided on the Site . Modification of the Materials or use of the Materials for any purpose other than that expressly permitted herein or otherwise on the Site is a violation of copyright and/or other proprietary rights and the use of any such Material on any other web site or computer environment is strictly prohibited.
You may submit feedback, suggestions or comments (“Feedback”) regarding the Site. Nexben may, in its sole discretion, decide to incorporate some or all of this Feedback into the Site. You agree to assign, and hereby assign, all of your right, title and interest in and to the Feedback or enhancements to Nexben. Nexben’s authorization of your use of the Site shall be deemed full and adequate consideration for this assignment. You further agree to execute such documents as may be deemed reasonably necessary to accomplish the objectives of this Section.
Payment and Cancellation
If you purchase any services that we offer for a fee, either on a one-time or subscription basis (“Premium Services”), you agree to Nexben storing your payment information. You also agree to pay the applicable fees for the purchased services (including, without limitation, periodic fees for recurring subscriptions) as they become due plus all related taxes, and to reimburse us for all collection costs and interest for overdue accounts. Your obligation to pay fees continues through the end of the subscription period during which you cancel your subscription. Failure to pay may result in the termination of your account and/or the Premium Services. Depending on where you transact with us, the type of payment method used and where your payment method was issued, your transaction with us may be subject to foreign exchange fees or differences in prices, including because of exchange rates. Nexben does not support all payment methods, currencies or locations for payment. If the payment method you use with us, such as a credit card, reaches its expiration date and you do not edit your payment method information or cancel your account or Premium Services, you authorize us to continue billing that payment method and you remain responsible for any uncollected amounts. All applicable taxes are calculated based on the billing information you provide us at the time of purchase. We do not offer refunds for any fees or charges related to the Premium Services, whether for lack of usage, dissatisfaction or any other reason.
“nexben.com,” “trovia.com” “Nexben” and “Trovia” the Nexben and Trovia logos as well as other related marks which may appear on the Site (collectively, the “Marks”), are the service marks and trademarks of Nexben and/or its affiliates. All other trademarks, service marks and logos used on this Site, with or without attribution, are the trademarks, service marks or logos of their respective owners.
Third Party Content, Third Party Sites
Nexben is a distributor and not a publisher of information supplied to the Site by you, other users or third parties. Any health plan information, opinions, advice, statements, services, contracts, offers, or other information that is part of the Materials on this Site that is expressed or made available by third parties, including Insurance Carriers or any other user of the Site, are those of the respective authors or distributors and not of Nexben.
Nexben assumes no responsibility and makes no representations, warranties, recommendations, endorsements or approvals with regard to such third party information. It is your responsibility to evaluate and confirm the information, opinions, advice or other Material available through the Site, whether posted or provided by third parties or by Nexben.
The Site may contain hyperlinks to other websites that are not operated by Nexben. Nexben does not control these websites and is not responsible for their contents, nor should the existence of such links be construed as an endorsement of the material appearing on such sites or as implying an association between Nexben and their operators. Such hyperlinks are provided for your reference only.
User Representation, Warranties & Covenants
1. You represent, warrant and covenant to Nexben that:
a. You will comply at all times with all applicable federal, state, provincial and local laws, rules and regulations in your use of the Site and/or your use or disclosure of any data, information or materials you submit to or receive through the Site;
c. You will not, nor will you permit any other person, corporation or entity, without the prior written consent of Nexben to: (i) copy, duplicate or grant permission to the Site or any part thereof; (ii) create, attempt to create, or grant permission to the source program and/or object program or code associated with any software component of the Site; (iii) assign, sublicense, rent, timeshare, loan, lease or otherwise transfer the Site or directly or indirectly permit any third party to use the Site; (iv) decompile or disassemble any software or other component of the Site or any report or document generated thereof; (v) engage in any reverse engineering; (vi) modify, alter or delete any of the copyright notices embedded in or affixed to the copies of any components of the Site; (vii) export any application provided hereunder or any portion of the Site, or access the Site from outside the United States or Canada; or (viii) use Nexben’s name, URL, trademarks, server, or other materials in connection with, or to transmit, any “spam.” For the purposes of this agreement, “spam” has the meaning generally understood among Internet users;
d. Any transmission of data from your computer equipment or system will be free from (i) intentionally injurious instructions (e.g. “viruses”) that are designed to modify, damage, delete or disable the Site or any applications thereon; (ii) any hidden passwords that permit unauthorized access to the data or the Site, or (iii) any embedded code that could trigger, shut down or disable the Site;
e. You have obtained all necessary licenses, releases and consents to grant the rights set forth herein;
f. You shall have all regulatory approvals, authorizations, licenses, permits, and other permissions, consents and authorities whatsoever needed to use the Site and perform your obligations hereunder; and
g. You will comply with the security measures set forth below under the heading “Security”.
Notify us beforehand of acts contrary to this agreement. If you believe that you are entitled or obligated to act contrary to this Agreement under any mandatory law, you agree to provide us with detailed and substantiated explanation of your reasons in writing at least 30 days before you act contrary to this Agreement, to allow us to assess whether we may, at our sole discretion, provide an alternative remedy for the situation, though we are under no obligation to do so.
You acknowledge that there are certain security, corruption, transmission error and access availability risks with using open networks such as the Internet and you expressly assume such risks. Because user authentication on the Internet is difficult, Nexben cannot and does not confirm any user’s purported identity.
The Site and any applications, services, materials or information contained within the Site is provided on an “as is” and “as available basis” with no representations or warranties of any kind. To the fullest extent permissible by applicable law, Nexben disclaims all warranties, either express or implied, including but not limited to, the implied warranties of merchantability, fitness for a particular purpose, title, non-infringement and any warranties arising from the course of dealing or performance. you assume total responsibility and risk for your use of this Site and any Site-related services or information or Materials.
In addition, Nexben does not warrant that the functions on the site will be uninterrupted or error-free, that defects in or on the Site will be corrected, or that the Site or the server that makes the Site available are free of viruses or other harmful components. Nexben does not warrant or make any representations regarding the Site or results of the use of the Site, specific services or applications provided through the Site, or any materials or information on the Site, in terms of their correctness, accuracy, reliability, legal compliance or otherwise. you (and not Nexben) assume the entire risk of any reliance on these Materials. The Materials do not constitute plan documents. Under no circumstances will Nexben be liable in any way for any Materials, including, but not limited to, for any errors or omissions in any Materials or information, or for any loss or damage of any kind incurred as a result of the use of any Materials, information or results posted, emailed or otherwise received or transmitted via the Site.
No Rendering of Advice
In no way does any data, information, content or material provided through the Site (including without limitation, any contracts, disclaimers and menus) constitute legal, tax, benefit, or human resource advice. Nexben is not engaged in the practice of law or in providing legal, tax, benefit, or human resource services. Access to, transmission or receipt of or reliance upon contracts or other Materials, data, content or information from the Site does not create and is not intended to create an attorney-client relationship between you or any other person and Nexben. As advice must be tailored to the specific circumstances of each case, and laws and regulations are constantly changing, nothing provided herein should be used as a substitute for the advice of competent counsel licensed in the applicable jurisdiction with reference to the particular circumstances. Nexben does not guarantee any form of access, eligibility, or coverage.
Limitation of Liability
Under no circumstances shall Nexben, its affiliates or its subsidiaries, or the respective officers, directors, agents, employees, sponsors, and other partners of each be responsible or liable for any direct, indirect, incidental, consequential, special, exemplary, punitive or other damages, whether based in contract, tort or otherwise, arising out of or relating in any way to the Site, the services available on the Site, information contained within the Site, or reliance on any information, Materials or results provided to or received through the Site, even if Nexben has been advised of the possibility of such damages.
Nexben’s liability, if any, resulting from your use of the Site is governed by the applicable agreement between the party that authorized you to use the Site and Nexben. Any liability that Nexben may have pursuant to such agreement would be to the party that authorized you to use the Site and not you personally. Your sole remedy for dissatisfaction with the Site and/or Site-related services, applications, materials or information is to stop using the Site and/or those services, applications, Materials or information.
You agree not to use any functions on the Site which you are not authorized to use.
Modification or Termination of the Site
Limited Distribution and Territorial Considerations
This Site is controlled and operated by Nexben from its offices within the State of Minnesota, U.S.A. Nexben makes no representation that Materials in the Site are appropriate or available for use in other locations. Those who choose to access this Site from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. Use of or access to the Site shall not be construed as the purposeful intent of the benefits or privilege of doing business in any state other than the State of Minnesota by Nexben.
Governing Law and Jurisdiction
In no way limiting the disclaimers set forth above, Nexben makes no representations or warranties regarding any contracts or agreements (collectively “contracts”) provided through the site, and specifically disclaims any representations regarding the accuracy, completeness, enforceability, legality, validity, binding effect or adequacy of such contracts.
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