|Terms and Conditions
|BenefitManager.net is a service provided by Mesirow Financial Investment Management, Inc. for use by client subscribers and plan participants. This site is maintained to provide you, as a User, with information about certain nonqualified benefit plans sponsored by your employer to assist you in understanding the plan and your benefits. |
By accessing this site, the User indicates his or her acknowledgement and acceptance of the Terms and Conditions of the License Agreement as provided below.
These terms and conditions ("Terms and Conditions") are a legal agreement between you (either an individual or an entity), the end user ("User"), and Mesirow Financial Investment Management, Inc. ("MFIM") regarding your access and use of BenefitManager.net. By accessing this site, User indicates his or her acknowledgement and acceptance of these Terms and Conditions. Please be advised that use of the site and downloading information is not a substitute for your periodic account statements.
1.) Grant of License
Pursuant to these Terms and Conditions, MFIM grants User a limited license to access and make use of BenefitManager.net for personal, non-commercial use solely utilizing the login ID ("LoginID") and password ("Password") provided by MFIM to User. In no event may User rent, lease, assign, sub-license, or transfer any rights to access or use the site. The foregoing license does not authorize User to download or copy information other than for your personal use nor to use any data mining, robots or similar data gathering and extraction tools. Any unauthorized use of the site immediately terminates the license granted by MFIM to User, and MFIM may, at any time, terminate or restrict User's access. In addition, MFIM may terminate a User's access at any time should User's sponsoring organization cease to participate in MFIM's administrative services or should User's sponsoring organization request the suspension or termination of a User's LoginID or Password.
User is responsible for maintaining the confidentiality of the LoginID and Password assigned to User by MFIM and for restricting access to User's computer systems to ensure no improper usage of User's LoginID and Password. User agrees to accept responsibility for all activities at BenefitManager.net that occur with User's LoginID and Password, whether or not authorized by User.
3.) Intellectual Property Rights
All content included on BenefitManager.net, including the compilation of data provided to User, is the property of MFIM or its suppliers and is protected by United States and international copyright laws. MFIM and its suppliers retain all intellectual property rights with regard to the software and data accessible through BenefitManager.net.
4.) Disclaimer of Warranties and Limitation of Liability
BenefitManager.net is provided by MFIM on an "as is" and "as available" basis. MFIM makes no representations or warranties of any kind, express or implied, with respect to the site, including, but not limited to access thereto, operation thereof or the information, content, or materials included thereon. User expressly agrees that use of the site is at user's sole risk.
MFIM hereby disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. MFIM will not be liable for any damages of any kind arising from the use of the site, including, but not limited to, direct, indirect, incidental, punitive and consequential damages (including lost profits, business interruption, loss of information, cover, loss of goodwill, work stoppage, computer failure or malfunction or other pecuniary loss), even if MFIM has been advised of the possibility of any such damages.
Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, the above limitations may not apply to you.
These Terms and Conditions shall govern all use of the site by User and shall remain in effect without regard to any termination of use by User. Upon any termination of the license granted hereunder, User agrees to halt access to the site and to return or destroy all copies of any materials provided by MFIM to User.
6.) Governing Law
These Terms and Conditions are governed by the laws of the State of Illinois (except for conflict of law provisions). All claims hereunder shall be brought only in a state or federal court located in Cook County, Illinois. The application of the United Nations Convention of Contracts for the International Sale of Goods is expressly excluded. If any provision of this Agreement is held to be unenforceable, such provision shall be reformed only to the extent necessary to make it enforceable.
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