These Terms and Conditions govern your access to, and use of, the United Benefits Group (“UBG”) website (the “Site”). These Terms and Conditions are a binding agreement between you and UBG, and are in addition to any other agreements between you and UBG, and any other agreements that govern your use of information, tools, services, and other features available on and through the Site. PLEASE CAREFULLY REVIEW THESE TERMS AND CONDITIONS. By using or accessing this Site, you accept and agree to be bound by the Terms and Conditions below. As used herein, the terms “you” and “your” refer to any visitor to the Site, and the terms “we” and “our” mean UBG.
CURRENT VERSION AND MODIFICATIONS
We last modified these Terms and Conditions on January 1, 2012. The version of the Terms and Conditions in effect on the date you access the Site governs your use of the Site. UBG may modify these Terms and Conditions at any time, at its sole discretion, and without providing prior notice. We will notify you of amendments to the Terms and Conditions, if any, exclusively by posting amended Terms and Conditions on this Site. Upon using the Site, you should review the most current version by clicking on the “Terms and Conditions” hyperlink located at the bottom of a page of the Site. You are responsible for being familiar with the current version of these Terms and Conditions and for setting the cache settings on your browser to ensure you are receiving the most recent data. If you do not agree with these Terms and Conditions, or any subsequently amended Terms and Conditions, please refrain from accessing the Site. Your continued use of the Site will constitute acceptance of any modifications to the Terms and Conditions.
GENERAL USE OF SITE
All information accessed or viewed through the Site is considered confidential and is for only authorized personal, non-commercial use. You are strictly prohibited from: (i) unauthorized use of our systems, the Site, or any information accessed through this Site; (ii) engaging in any activities related to this Site that are contrary to applicable laws, regulations, or the terms of agreements you have with us; and (iii) using any automatic device or manual process to monitor or copy our web pages, data, or the content contained herein. By using this Site, you agree that UBG reserves the right to terminate and/or block your use or access of the Site for any reason and without prior notice to you.
We may monitor, track, and record your use of the Site. By visiting this Site, you expressly consent to such monitoring, tracking, and recording.
You agree that you access, use, and rely upon content on this Site at your risk. The information on this Site is for informational purposes only; it is not intended, and should not be construed, as legal, tax, investment, or employment advice. Please seek the advice of your legal or tax professional as necessary regarding the evaluation of any content on this Site.
Certain retirement planning tools (such as retirement calculators) available on the Site may provide general retirement education and estimates based on information you provide. Those tools are intended solely to allow you to estimate hypothetical future retirement or financial scenarios. You should not rely on those tools. Before making any decisions on the basis of information provided by those tools, you should consult your legal or tax professional regarding your specific situation.
LIMITATIONS
The content and information provided on the Site is provided “as is” and “as available”, and UBG does not provide any express or implied warranties, including but not limited to, warranties of merchantability, fitness for a particular purpose, non-infringement of thirD party rights, and freedom from virUSes or other harmful code. Further, UBG does not warrant that any defects or inaccuracies will be corrected.
UBG disclaims all liability to you or anyone else for any direct, indirect, incidental, special, consequential, punitive, or exemplary damages arising out of or resulting from your referencing, using, accessing, inability to access, or linking to or from this Site, VIRUSES, WORMS, TROJAN HORSES, or other code that has contaminating or destructive properties. This is true whether or not WE HAVE BEEN APPRISED OF THE LIKELIHOOD OR POSSIBILITY OF SUCH DAMAGES OCCURRING AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE. no license to you is implied in ANY disclaimers INCLUDED HEREIN.
UBG WILL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSS RESULTING FROM A CAUSE OVER WHICH UBG DOES NOT HAVE DIRECT CONTROL. THIS INCLUDES BUT IS NOT LIMITED TO UNAUTHORIZED ACCESS, VIRUSES, FAILURE OF ELECTRONIC OR MECHANICAL EQUIPMENT OR COMMUNICATIONS LINES, THEFT, OPERATOR ERRORS, SEVERE OR EXTRAORDINARY WEATHER, OR FIRE.
UBG DOES NOT WARRANT THAT THE SITE WILL MEET YOUR NEEDS, OR THAT YOUR ACCESS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. UBG DOES NOT WARRANT THAT THE RESULTS OBTAINED FROM THE USE OF THE SITE WILL BE ACCURATE, RELIABLE, OR COMPLETE, OR THAT THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS. AND UBG WILL NOT BE LIABLE FOR ANY DELAY, DIFFICULTY IN USE, COMPUTER VIRUSES, MALICIOUS CODE, OR OTHER DEFECT IN THIS SITE, OR ANY INCOMPATIBILITY BETWEEN THE SITE AND YOUR FILES OR BROWSER.
THIRD PARTY CONTENT AND RESEARCH
The Site may, from time to time, include news, commentary, tools, research reports, and other information from entities that are not affiliated with UBG (“Third Party Information”). The Third Party Information may be published on the Site, or available through framed areas or through links to third party websites. The Site will clearly and prominently identify any Third Party Information included on the Site.
BG does not have control over Third Party Information. UBG has not been involved in the preparation, adoption, or editing of Third Party Information, and does not explicitly or implicitly endorse or approve such content. Accordingly, you agree that UBG is not responsible for any liability resulting from your access or use of sites not owned by UBG, and that UBG is not responsible for any content, product, or any other matter, available through the world wide web, whether linked to, or from, the Site. Further, you agree that UBG shall not be responsible or liable, directly or indirectly, for any damage or loss caused, or alleged to be caused, by or in connection with, the use of websites UBG does not own.
Neither UBG nor the providers of Third Party Information guarantee its accuracy, timeliness, completeness, or usefulness, and are not responsible or liable for any such content. Third Party Information is provided for informational purposes only, and UBG and the Third Party Information providers specifically disclaim any responsibility for Third Party Information available from third party sites. You will use Third Party Information at your own risk. THIRD PARTY INFORMATION IS PROVIDED ON AN “AS-IS” BASIS. UBG AND THE THIRD PARTY INFORMATION PROVIDERS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, including but not limited to, warranties of merchantability, fitness for a particular purpose, non-infringement of thirD party rights, and freedom from virUSes or other harmful code.
PASSWORD SECURITY AND NOTIFICATION
Certain parts of the Site are password-protected or require a login. You may not obtain or attempt to obtain unauthorized access to such parts of the Site, or to any other protected materials or information, through any means not intentionally made available by UBG for your specific use. If you have a Personal Identification Number (PIN) for access to non-public areas of the Site, you are solely responsible for all activities that occur in connection with your PIN. Accordingly, you should take steps to protect the confidentiality of your PIN. Notify UBG immediately if you become aware of any disclosure, loss, theft, or unauthorized use of your PIN.
INDEMNIFICATION
As a condition of your use of the Site, you agree to indemnify and hold harmless UBG and its Third Party Information providers from and against any and all claims, losses, liability, costs, and expenses (including but not limited to attorneys’ fees) arising from your use of the Site or from your violation of these Terms and Conditions.
GOVERNING LAW
Unless otherwise agreed, your access to and use of the Site, and these Terms and Conditions and their enforcement are governed by the laws of the State of Missouri, without regard to conflicts of law, and shall inure to the benefit of UBG’s successors and assigns, whether by merger, consolidation, or otherwise. You agree that your referencing, using, or accessing the Site constitutes your acceptance that jurisdiction and venue shall be proper exclusively in the State or Federal courts in Platte County, Missouri, and that any legal action that may be brought by you against UBG, or by UBG against you, must be brought in State or Federal court in Platte County, Missouri.
SEVERABILITY
In the event a court of competent jurisdiction deems any provision of these Terms and Conditions unenforceable, the remaining Terms and Conditions shall remain in full force and effect, and the unenforceable provision shall be enforced to the maximum extent permissible.
