We are pleased that you have chosen to use Health Plan Assist™ to help you with your benefit elections. Health Plan Assist™ is a valuable resource provided by your Employer (“Employer”) or one of their agents representing them, in connection with Milliman, Inc. (“Milliman”), in helping you determine which health plan offered by your employer best fits your particular situation.
As a designated user of the Health Plan Assist™ (“User”), you are allowed to use Health Plan Assist™ subject to the following terms and conditions. If you choose not to accept these terms and conditions, you must discontinue your use of Health Plan Assist™ and return to the previous screen.
TERMS AND CONDITIONS OF USE
This Agreement covers your use of Health Plan Assist™, its user documentation, and any related programs, documentation and information provided by Milliman. Nothing in this Agreement grants User any proprietary rights in Health Plan Assist™ or in any other work, methodology or proprietary property embodied in Health Plan Assist™ (collectively, “Proprietary Property”) or related materials supplied to Employer by Milliman.
2. Usage & Transfer.
Milliman grants User a nonexclusive, nontransferable right to access Health Plan Assist™ on a single internet or network server. User will not:
Make any copies of Health Plan Assist™ or any Proprietary Property contained in Health Plan Assist™ and will not make any copies of all or any part of the user documentation, except for User’s own use. User shall retain the same copyright or other proprietary rights notice as was originally affixed to Health Plan Assist™ when delivered by Milliman during User’s authorized use of Health Plan Assist™.
Provide or disseminate all or any part of Health Plan Assist™ to any other person, except to others bound by same Agreement. User will safeguard Health Plan Assist™ and related user documentation with a reasonable degree of care, using procedures designed to protect the trade secrets and proprietary information of Milliman, so that no unauthorized use is made of them and no disclosure of any part of their contents is made to anyone other than User and any employees, agents or consultants of User whose duties reasonably require such disclosure.
(c) Reverse Engineer.
Attempt to reverse engineer Health Plan Assist™.
(d) Transfer of Health Plan Assist™.
User shall not have the right to transfer its right to access Health Plan Assist™, including transfer any Access Code or password enabling User to access Health Plan Assist™, without the prior written consent of Milliman.
3. DISCLAIMER OF WARRANTY.
Health Plan Assist™ IS PROVIDED FOR USE “AS IS” WITHOUT ANY WARRANTY. WITHOUT LIMITING THE FOREGOING, MILLIMAN DISCLAIMS ALL EXPRESS AND IMPLIED WARRANTIES FOR Health Plan Assist™, INCLUDING WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. MILLIMAN MAKES NO REPRESENTATIONS CONCERNING THE QUALITY OF Health Plan Assist™ AND DOES NOT PROMISE THAT Health Plan Assist™ WILL BE ERROR FREE, AVAILABLE OR WILL OPERATE WITHOUT INTERRUPTION.
4. LIMITATION OF LIABILITY.
IN NO EVENT WILL MILLIMAN BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES ARISING OUT OF OR RELATING TO THE USE OF Health Plan Assist™ BY ANY PERSON, REGARDLESS OF WHETHER MILLIMAN IS INFORMED OF THE POSSIBILITY OF DAMAGES IN ADVANCE. THESE LIMITATIONS APPLY TO ALL CAUSES OF ACTION, INCLUDING BREACH OF CONTRACT, BREACH OF WARRANTY, MILLIMAN’S NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATION AND OTHER TORTS. IN NO EVENT SHALL MILLIMAN’S LIABILITY FOR ANY CLAIM ARISING HEREUNDER EXCEED THE AMOUNT OF FEES PAID BY USER TO MILLIMAN FOR THE RIGHT TO ACCESS HEALTH PLAN ASSIST™.
5. Ownership of Health Plan Assist™.
Milliman has and will retain all ownership rights in Health Plan Assist™, including all patent rights, copyrights, trade secrets, trademarks, service marks, related goodwill and confidential and proprietary information. User will have no rights in Health Plan Assist™ except as explicitly stated in this Agreement.
6. Assignment and Delegation.
User may not assign this Agreement or any rights under it and may not delegate any duties under this Agreement without Milliman’s prior written consent. Any attempt to assign or delegate without that consent will be void.
This Agreement constitutes the entire understanding between Milliman and User with respect to subject matter hereof. The rights hereby granted will terminate upon breach of any term of this Agreement by User. Every provision of this Agreement shall be construed, to the extent possible, so as to be valid and enforceable. If any provision of this Agreement so construed is held by a court of competent jurisdiction to be invalid, illegal or otherwise unenforceable, such provision shall be deemed severed from this Agreement, and all other provisions shall remain in full force and effect. This Agreement shall in all respects be governed by and interpreted, construed and enforced in accordance with the laws of the United States of America and the State of New York. Any action between Milliman and User will be venued in a state or federal court situated within the State of New York , and User irrevocably submits to the personal jurisdiction of such courts for such purpose. USER HAS READ THIS AGREEMENT AND UNDERSTANDS AND AGREES TO ALL OF ITS TERMS AND CONDITIONS.
8. Use of Results.
The calculations contained in Health Plan Assist™ are based on a large database of information and numerous actuarial assumptions and inputs. Milliman makes no warranty, either express or implied, about the accuracy of results for your individual case. Furthermore, since the calculations rely on information entered by you the user, we cannot guarantee the accuracy of results that you may obtain in running Health Plan Assist™. The content delivered by Health Plan Assist™ should not be construed as professional investment or insurance advice.
(b) Use of Results.
The User accepts responsibility for using the results in an appropriate manner. User should incorporate sound judgment in applying the results to their specific case, paying particular attention to other pieces of information that may be useful in determining the appropriate levels of flexible spending account elections. This may include, but is not limited to, individual information on health conditions, health care utilization and costs, health care providers, tier coverage elections and any other factors that would influence the health care costs of the individual for a given time period.
Copyright 2019, Milliman, Inc. All rights reserved.
“Health Plan Assist™” and “Milliman” are trademarks of Milliman, Inc. Inc. and may not be reproduced without Milliman’s express written consent.