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TERMS AND CONDITIONS OF USE

ACTIVA MANAGEMENT SERVICES, LLC

Welcome! Please carefully read the following Terms and Conditions of Use (“Terms of Use”) before using this website (“Site”). By using this Site, you agree to follow and be bound by these Terms of Use, which govern your use of the Site. If you do not agree with any part of these terms and conditions of use, you must not use our site. Nothing contained in these Terms of Use is intended to modify or amend any other written agreement, if any, that may currently be in effect between you and Activa with regard to matters other than your use of the Site. Activa may periodically modify these Terms of Use, and any such modifications will be effective immediately upon posting. We suggest that you periodically check these Terms of Use for modifications. If you do not agree to these Terms of Use, do not use this Site.

This Site is owned and operated by Activa Management Services, LLC, and its subsidiaries and affiliates, including , Activa Benefit Services, and Activa Travel Services, (collectively, “Activa”). Activa may modify, suspend, discontinue, or restrict the use and availability of any portion of this Site at any time, without notice or liability. Your use of this Site may be monitored by Activa and used for Activa’s internal business purposes, without liability.

Index:
Limited License and restrictions on use
Your account
Data, information and content
Copyright policy, notice, and claim information
Trademarks and patents
International use
Third-party content
Timeliness of content
Termination
Warranty disclaimers
Liability and indemnity
Refund Policy
Errors and corrections
Integration and severability
Applicable law and venue
Privacy and your personal information

Limited license and restrictions on use

Activa grants you a limited, revocable, nonexclusive, nontransferable license to view, store, bookmark, download, and print the pages within this Site solely for your personal, informational, and noncommercial use or as expressly authorized by Activa in writing. You are responsible for obtaining and maintaining all equipment, services, and other materials that you need to access this Site. If you are under 18, you may use our site only with the involvement of a parent or guardian. Activa reserves all rights not expressly granted in these Terms of Use. Except as otherwise stated in these Terms of Use as expressly authorized by Activa in writing, you may not:

  • Modify, copy, distribute, transmit, post, display, perform, reproduce, publish, broadcast, license, create derivative works from, transfer, sell, or exploit any reports, data, information, content, software, products, services or other materials on, generated by or obtained from this Site, whether through links or otherwise (collectively, “Materials”);
  • Redeliver any page, text, image, or Materials on this Site using “framing” or other technology without express written permission;
  • Engage in any conduct that could damage, disable, or overburden (i) this Site, (ii) any Materials or services provided through this Site, or (iii) any systems, networks, servers, or accounts related to this Site, including without limitation, using devices or software that provide repeated automated access to this Site, other than those made generally available by Activa;
  • Probe, scan, or test the vulnerability of any materials, services, systems, networks, servers, or accounts related to this Site or attempt to gain unauthorized access to materials, services, systems, networks, servers, or accounts connected or associated with the Site through hacking, password or data mining, or any other means of circumventing any access-limiting, user authentication or security device of any materials, services, systems, networks, servers, or accounts related to this Site;
  • Modify, copy, obscure, remove, or display Activa’s name, logo, trademarks, text, notices, or images without Activa’s express written permission.

or

  • Include the term “Activa”, or any Activa trademark or executive’s name, or any variation of the foregoing, as a meta-tag, hidden textual element, or any other indicator that creates an impression of affiliation, sponsorship, or endorsement by Activa.

We reserve the right to refuse service in our sole discretion and without notice. You are solely responsible for your use of the Site

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Your account

Certain parts of this Site may be protected by passwords or require a login. You agree to provide Activa with current, complete, and accurate information as prompted by the applicable registration process and agree to regularly update this information to maintain its completeness and accuracy. You agree not to obtain or attempt to obtain unauthorized access to such parts of or features on this Site, or to any other protected Materials or information, through any means not intentionally made available to you by Activa.

You are responsible for maintaining the confidentially of any account information, user names, logins, passwords, and security questions and answers that you use to access any page or feature on this Site, and for logging off of your account and any protected areas of the Site. Further, you are fully responsible for all activities occurring under your accounts, user names, logins, passwords, and security questions and answers that result from your negligence, carelessness, misconduct, or failure to use or maintain appropriate securities measures. If you become aware of any suspicious or unauthorized conduct concerning your accounts, user names, logins, passwords, or security questions and answers, you agree to contact Activa immediately. Activa will not be liable for any loss or damage arising from your failure to comply with this paragraph.

Products and services provided to you through this Site may involve the electronic transmission, including via any e-mail address you provide to us, of information that you may consider to be personal financial information or promotional and marketing materials, and you consent to such transmission.

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Data, information, and content

The Materials on this Site are for information, education, and noncommercial purposes only. Although Activa and its third-party providers may provide data, information, and content relating to our service products, you should not construe any such information or other content available through this Site as advice or recommendation for the purchase or sale of specific products or services. You alone will bear the sole responsibility of evaluating the merits and risks associated with the use of any Materials on this Site before making any decisions based on such Materials. In exchange for using such Materials, you agree not to hold Activa or its third-party information and service providers liable for any possible claim for damages arising from any decision you make based on the Materials made available to you through this Site. By providing access to other websites, neither Activa nor any of its affiliates is recommending the purchase or sale of an investment.

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Copyright policy, notice, and claim information

All Materials on this Site, whether separate or compiled, including, but not limited to, text, graphics, audio clips, logos, buttons, images, digital downloads, data compilations, software, icons, html code and xml code, as well as all copyright, patent, trademark, trade dress, and other rights therein, are owned or licensed by Activa and its third-party service providers, and are protected by United States and international intellectual property laws.

Pursuant to Section 512c(2) of the Copyright Revision Act, as enacted through the Digital Millennium Copyright Act, Activa designates an agent as described below to receive notifications of claimed copyright infringement by mail: Allan D. Engel, Activa Management Services, LLC, 2905 Lucerne SE, Suite 200, Grand Rapids, MI 49546.

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Trademarks and patents

All trademarks, service marks, and logos appearing on this Site are the exclusive property of their respective owners.

All Activa graphics, logos, page headers, and service names are trademarks, service marks, or trade dress of Activa. Activa’s trademarks, service marks and trade dress may not be used in connection with any product or service that is not Activa’s, in any manner that is likely to cause confusion among customers or investors, or in any manner that disparages or discredits Activa. Nothing contained on this Site should be construed as granting any license or right in or to any trademarks, service marks, or trade dress of Activa.

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International use

Because of the global nature of the Internet, you agree to comply with all local rules with respect to your account and your online conduct, including all laws, rules, codes, and regulations of the country in which you reside and the country from which you access this Site, including without limitation, all laws, rules, codes, regulations, decrees, acts, orders, directives, legislation, bills, and statutes pertaining to tax, contracts, intellectual property, securities, e-commerce, banking, technology, computers, fraud, and privacy. In addition, you agree to comply with all applicable laws, rules, codes, and regulations regarding the transmission of technical data exported from the United States.

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Third-party content

Data and other materials appearing on this Site that are provided by third parties are believed by Activa to be obtained from reliable sources, but Activa cannot guarantee and is not responsible for their accuracy, timeliness, completeness, or suitability for use. Activa is not responsible for, and does not prepare, edit, or endorse, the content, advertising, products, or other materials on or available from any website owned or operated by a third party that is linked to this Site via hyperlink. The fact that Activa has provided a link to a third party’s website does not constitute an implicit or explicit endorsement, authorization, sponsorship, or affiliation by Activa with respect to such website, its owners, providers, or services. You will use any such third-party content at your own risk.

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Timeliness of content

All content on this Site is presented only as of the date published or indicated, and may be superseded by subsequent market events or for other reasons. In addition, you are responsible for setting the cache settings on your browser to ensure you are receiving the most recent data.

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Termination

The rights granted to you herein terminate immediately upon any violation by you of these Terms of Use. Activa, in its sole discretion, reserves the right to temporarily or permanently terminate your access to and use of this Site at any time and for any reason whatsoever, without notice or liability. Activa will not be liable to you or any third party for any termination of your access to or use of this Site.

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Warranty disclaimers

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

YOUR USE OF THIS SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULL EXTENT PERMITTED UNDER APPLICABLE LAW, ACTIVA AND ITS AFFILIATES, SUBSIDIARIES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, LICENSORS, AND ANY THRID-PARTY INFORMATION OR SERVICE PROVIDERS AND VENDORS EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESSED OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, NONINFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE, AND ALL WARRANTIES REGARDING SECURITIES, CURRENCY, CORRECTNESS, QUALITY, ACCURACY, COMPLETENESS, RELIABILITY, PERFORMANCE, TIMELINESS, OR CONTINUED AVAILABILITY, WITH RESPECT TO (I) THE SITE; (II) ANY MATERIALS, PRODUCTS, OR SERVICES AVAILABLE ON OR THROUGH THE SITE; (III) USE OF THE SITE, MATERIALS, PRODUCTS, OR SERVICES; AND (IV) THE RESULTS OF THE USE OF THE SITE, MATERIALS, PRODUCTS, OR SERVICES.

FURTHER, ACTIVA AND ITS AFFILAITES, SUBSIDIARIES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, LICENSORS, AND ANY THIRD-PARTY INFORMATION OR SERVICE PROVIDERS AND VENDORS EXPRESSLY DISCLAIM ALL WARRANTIES WITH RESPECT TO ANY DELAYS OR ERRORS IN THE TRANSMISSION OR DELIVERY OF ALL MATERIALS, PRODUCTS, OR SERVICES AVAILABLE THROUGH THIS SITE.

EXCEPT AS PROVIDED BY LAW, NEITHER ACTIVA NOR ITS THIRD-PARTY INFORMATION PROVIDERS AND VENDORS HAS ANY RESPONSIBILITY TO MAINTAIN THE MATERIALS, PRODUCTS, OR SERVICES OFFERED ON THE SITE OR TO SUPPLY CORRECTIONS, UPDATES, OR RELEASES FOR THE SAME.

TO THE EXTENT ANY JURISDICTION DOES NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY HAVE OTHER RIGHTS, WHICH VARY FROM JURISDICTION TO JURISDICTION.

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Liability and indemnity

ANY MATERIALS DOWNLOADED OR OTHERWISE OBTAINED THROUGH THIS SITE ARE DONE AT YOUR OWN RISK. YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER EQUIPMENT, OR LOSS OR DATA THAT RESULTS FROM SUCH DOWNLOAD.

NEITHER ACTIVA NOR ITS AFFILIATES, SUBSIDIARIES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, LICENSORS, OR ANY THIRD-PARTY INFROMATION OR SERVICE PROVIDERS AND VENDORS WILL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INLCUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, REVENUE, INCOME, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, OR DAMAGES CAUSED BY THEFT, UNAUTHORIZED ACCESS, SYSTEMS FAILURE, OR COMMUNICATIONS LINE FAILURE, OR THE COST OF PROCURING SUBSTITUTE GOODS OR SERVICES, CAUSED BY THE USE OF OR INABILITY TO USE THE SITE, EVEN IF ACTIVA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU. TO THE EXTENT THAT A JURISDICTION DOES NOT PERMIT THE EXCLUSION OR LIMITATION OF LIABILITY AS SET FORTH HEREIN, THE LIABILITY OF ACTIVA AND ITS AFFILIATES, SUBSIDIARIES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, LICENSORS, AND ANY THIRD-PARTY INFORMATION PROVIDERS AND VENDORS IS LIMITED TO THE EXTENT PERMITTED BY LAW IN SUCH JURISDICTIONS.

You agree to indemnify, defend, and hold harmless Activa, its subsidiaries and affiliates, and each of its and their officers, directors, employees, and agents, or third-party information or service providers and vendors from and against all claims, demands, liabilities, damages, losses, or expenses, including attorney’s fees and costs, arising out of or related to your improper access to or use of this Site, or any violation by you of these Terms of Use.

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Refund policy

Due to the nature of the services provided and the ability of the customer to immediately access and use the services, the general policy is to provide for no refunds.

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Errors and corrections

While we use reasonable efforts to include accurate and current information on our Site, we do not warrant or represent that the Site will be error-free. Data entry errors or other technical problems may sometimes result in inaccurate information being shown. We reserve the right to correct any inaccuracies or typographical errors on our Site, including pricing and availability of products and services, and shall have no liability for such errors. We may also make improvements and/or changes to the Site’s features, functionality, or content at any time. If you see any information or description you believe to be incorrect, please contact us as described in the “Contact Us” section on our website.

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Integration and severability

If any provision of these Terms of Use is deemed unlawful, void, or unenforceable, then that provision will be deemed severable from these Terms of Use and will not affect the validity and enforceability of the remaining provisions. These Terms of Use represent the entire agreement between you and Activa relating to the subject matter herein.

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Applicable law and venue

The laws of the State of Michigan, United State of America, without regard to principles of conflict of laws, govern these Terms of Use and any dispute that might arise between you and Activa. Any controversy or dispute arising out of your use of our Site shall be submitted, and you irrevocably consent, to the personal jurisdiction of any state or federal court located in, or whose district includes, Kent County, Michigan, USA.

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Privacy and your personal information

Your use of our Site is also subject to the terms of our Privacy Statement. You acknowledge that you have read and understand our Privacy Statement, and consent to the use of any personal information you provide in accordance with the terms of, and for the purpose set forth in, our Privacy Statement.

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