2. DESCRIPTION OF THE SITE The Site allows you to access your flexible benefit plans and related information to the extent and in the manner offered by through the Site.
3. ACCESS In order to use the Site, you need the equipment necessary to connect to the World Wide Web ("WWW"), and the connection necessary to access the WWW. You are responsible for any fees associated with such connection or access (such as those charged by an Internet Service Provider (ISP) or telephone company). You agree to: (a) provide accurate and complete information when prompted to do so, and (b) maintain and update such information so it remains accurate and complete.
5. PASSWORDS You are responsible for keeping your user name and password confidential. We recommend you memorize this information, and you should not share it with friends, family members nor post it in a public place or transmit it via unsecure means. You are responsible for all activity occurring through use of your account and/or password. You agree to immediately notify MBA Administrators of any actual or suspected unauthorized use of your account or password. MBA Administrators will not be responsible for any loss whatsoever arising from the misappropriation of your password by a third party.
6. INTELLECTUAL PROPERTY AND RIGHTS TO ACCESS SITE
6.2 Trademark Notices. All trademarks, service marks, trade names and logos contained in the Site are the property of their respective owners.
6.3 Copyright Notice. Copyright © 2013 Datapath, Inc. All rights reserved.
7. CHANGES TO SITE This Site, in whole or in part, may be modified, suspended or discontinued at any time, with or without notice.
10. SECURITY Although reasonable security measures may be used with respect to the Site, as with any on-line or electronic communication or interaction, there is an inherent risk involved in transmitting any information via the Internet. No guarantee or warranty is made that the Site or its related system is free from hackers or viruses or that information provided by you will not be stolen or otherwise surreptitiously obtained. You hereby acknowledge and understand that such risk is inherent in interacting with any web site, including this Site, and take full responsibility for any harm, danger or damage that ensues due to any such breach in security.
11. DISCLAIMER THIS SITE, INCLUDING WITHOUT LIMITATION, THE CONTENT AND OTHER MATERIALS CONTAINED IN OR ACCESSIBLE THROUGH THIS SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT WITH RESPECT TO ALL SUCH MATERIALS ARE DISCLAIMED. NO WARRANTY IS MADE THAT THIS SITE OR ITS CONTENT OR SERVICES WILL MEET YOUR REQUIREMENTS, OR THAT THE SITE OR CONTENT WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE. NO WARRANTY IS MADE CONCERNING THE ACCURACY OF THE INFORMATION CONTAINED ON THE SITE, OR THE QUALITY OF ANY SERVICES AVAILABLE THROUGH THE SITE. NO REPRESENTATION OR WARRANTY IS MADE THAT THIS SITE OR ITS SERVER(S) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. IN STATES WHICH RESTRICT OR DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS, THE ABOVE EXCLUSIONS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED UNDER THE LAW.
12. LIMITATION OF LIABILITY YOU UNDERSTAND THAT IN NO EVENT WILL MBA OR ITS MANAGERS, MEMBERS, OFFICERS, DIRECTORS, SHAREHOLDERS, PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS, OR DATAPATH BE LIABLE FOR ANY DIRECT, CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, WHETHER IN AN ACTION UNDER CONTRACT, NEGLIGENCE OR ANY OTHER THEORY, ARISING OUT OF: (A) YOUR USE OR INABILITY TO USE THE SITE, OR (B) YOUR RELIANCE ON ANY SERVICES OR CONTENT PROVIDED BY THE SITE; EVEN IF ANY OF SUCH PARTIES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ALSO, IN NO EVENT WILL ANY OF THE ABOVE IDENTIFIED PARTIES IN THIS SECTION BE LIABLE TO YOU FOR AN AMOUNT GREATER THAN $500 (USD). IN STATES WHICH RESTRICT OR DO NOT ALLOW THE ABOVE LIMITATIONS OF LIABILITY, THE ABOVE LIMITATIONS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED UNDER THE LAW.
13. NOTICE Notices by MBA or its agents to you may be given by means of a general posting at the Site or to your Company e-mail address. Notices (including questions, complaints, or legal notices) by you may be given by e-mail messages or conventional mail, as follows:
(b) Mail and courier deliveries must be sent to: 830 N Main Street, Ste 200 Meridian ID 83642
Tags: MBA Benefits Administrator Third Party Administrator TPA Cobra Wellness Health Reimbursement Arrangement HRA Flex Savings Account FSA
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