This site (including all material and contents appearing on the site, the “Site”) is comprised of various Web pages owned and operated by WEX Health and its vendors, and is made available for your personal information and use. Your submission of information to and access and use of this Site is subject to the terms of service set forth below (the “Terms of Service”). By submitting information to and/or accessing and browsing this Site, you accept and agree to abide by, without limitation or qualification, the Terms of Service. If you do not agree to be bound by the Terms of Service, you may not use this Site. These Terms of Service are in addition to any other agreement that may exist between yourself and WEX Health. “WEX Health,” “us,” or similar terms means, for the purpose of these Terms of Service, WEX Health, Inc. and its affiliates and any successor entities. “You” and similar terms means you, the person accessing this Site as well as any other person or entity who has or may obtain rights through you, as well as any person on whose behalf you are using this Site.
BY ENTERING THIS SITE, YOU AGREE TO BE BOUND BY ALL OF THE TERMS OF SERVICE. WEX HEALTH RESERVES THE RIGHT, IN ITS SOLE DISCRETION, TO MODIFY, ALTER OR OTHERWISE UPDATE THE SITE AND THE TERMS OF SERVICE AT ANY TIME AND, BY ENTERING THIS SITE, YOU AGREE TO BE BOUND BY SUCH MODIFICATIONS, ALTERATIONS OR UPDATES AS WELL.
1. Trademarks, Service Marks, and Copyrighted Materials
We control and operate this Site. All content on this Site, including, but not limited to, text, photographs, images, illustrations, audio clips, and video clips, is protected by copyrights, trademarks, service marks, and/or other intellectual property rights (which are governed by United States and worldwide copyright laws and treaty provisions, privacy and publicity laws, and communication regulations and statutes). The content is owned and controlled by us, our affiliates, or by third party content providers, merchants, sponsors and licensors that have licensed their content or the right to market their products and/or services to you using this Site. You agree to abide by all additional copyright notices, information, or restrictions contained in any content that is presented on this Site.
You may not use any registered or unregistered trademarks, service marks or copyrighted materials appearing on this Site, including but not limited to any logos or characters, without the express written consent of the owner of the mark or copyright. You may not frame, deep link, or otherwise incorporate into another website any of the content or other materials on this Site without our express prior written consent.
Violation of trademark and copyright laws may result in significant civil liability or criminal penalties under United States and/or worldwide copyright and trademark laws. You recognize that any reproduction or use of content, except as authorized by these Terms of Service, is considered intentional infringement.
2. License and Site Access
WEX Health grants you a personal, nontransferable, nonexclusive, revocable, limited, license to access and make personal use of this Site for the purpose of benefit education and administration and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of WEX Health. This license does not permit any of the following: resale, assignment, or commercial use of this Site or its contents; any collection and use of any product or service listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant or service provider, or any use of data mining, robots, or similar data gathering and extraction tools. This Site or any portion of this Site may not be reproduced, duplicated, copied, sold, resold, visited or otherwise exploited for any commercial purpose without the express prior written consent of WEX Health. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of WEX Health without express prior written consent. You may not use any meta-tags or any other “hidden text” utilizing WEX Health’s name or trademarks without the express written consent of WEX Health. Any unauthorized use terminates the permission or license granted by WEX Health. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of WEX so long as the link does not portray WEX Health, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any WEX Health logo or other proprietary graphic or trademark without express written permission. In addition to any and all other rights or claims WEX Health may have, a breach of this license constitutes a breach of WEX Health’s copyright and other intellectual property rights.
3. Submission of Information; Restrictions on Use
4. WEX Health May Monitor Your Content from Time to Time
WEX Health may, but has no obligation to, monitor content you submit or make available. We may disclose any information necessary or appropriate to satisfy our legal obligations, protect ourselves or our customers, or operate our services properly. WEX Health, in its sole discretion, may refuse to post, remove, or refuse to remove, any content, in whole or in part, alleged to be unacceptable, undesirable, inappropriate, or in violation of this Agreement.
5. Communications Choices
WEX Health may be required by law to send you communications about our services or third party products. You agree that WEX Health may send these communications to you via email or by posting them on one of our sponsored websites. You also consent and agree that WEX Health may contact you by any other method or contact information you supply to WEX Health including any telephone, cell, text, social media or other method or account.
6. Use of Information
This Site contains information, which may be derived in whole or in part from materials and information supplied by other sources. WEX Health makes no representation or warranty, express or implied, and assumes no responsibility or legal liability for the accuracy, completeness, timeliness or quality of any information contained in this Site, which is subject to deletion, addition and change at any time without notice from WEX Health. WEX Health does not ensure the accuracy, endorse or recommend any information and your use of any such information is at your own risk. The information contained on this Site cannot be considered complete and WEX Health undertakes no commitment to update the information contained on this Site within a particular period of time. It is the responsibility of each user of any portion of the Site to ascertain the accuracy of any information before entering into any commitment (financial or otherwise) or undertaking any course of action based upon the information contained in this Site.
7. WEX Health May Freely Use Feedback You Provide
You agree that WEX Health may use your feedback, suggestions, or ideas in any way, including in future modifications of the services, other products or services, advertising or marketing materials. You grant WEX Health a perpetual, worldwide, fully transferable, sublicensable, non-revocable, fully paid-up, royalty free license to use the feedback you provide to WEX Health in any way.
8. WEX Health Does Not Give Professional Advice
WEX Health is not in the business of providing legal, financial, accounting, health care or other professional services or advice. Consult the services of a competent professional when you need this type of assistance.
9. You Will Track Your Passwords and Accept Updates
You are responsible for securely managing your password(s) for access to the services. If you become aware of any unauthorized access to your services account, theft or loss of your password, you agree to contact WEX Health as soon as possible. The services may periodically be updated with tools, utilities, improvements, third party applications, or general updates to improve and enhance the features and performance of the services. You agree to receive these updates automatically as part of the services.
10. Disclaimer of Warranties
ALL OF THE INFORMATION, SERVICES AND MATERIALS ON THIS SITE ARE PROVIDED “AS IS” AND “AS AVAILABLE” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. NO INFORMATION, ADVICE, OR GUIDANCE, WHETHER ORAL OR WRITTEN, RECEIVED BY YOU FROM THIS SITE SHALL CREATE ANY WARRANTY.
11. Limitation of Liability
IN NO EVENT SHALL WEX HEALTH (INCLUDING FOR THE PURPOSES OF THIS SECTION ITS AFFILIATES, VENDORS AND LICENSORS AND ALL OF WEX HEALTH AND THEIR OWNERS, OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS) BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY, INCLUDING, WITHOUT LIMITATION, PERSONS OR ENTITIES WHO MAY SUBMIT INFORMATION TERMS OF SERVICE TO, USE OR RELY ON THIS SITE OR TO WHOM ANY INFORMATION ON THIS SITE MAY BE FURNISHED, FOR ANY LOSS OR DAMAGE OF ANY KIND OR CHARACTER WHATSOEVER, WHETHER DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, PUNITIVE OR OTHERWISE, ARISING OUT OF, BASED UPON OR RESULTING FROM ANY USE OF OR RELIANCE ON THIS SITE OR ANY INFORMATION OR OPINIONS CONTAINED HEREIN, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE. YOU ACCEPT AND AGREE THAT THE FOREGOING LIMITATION IS A FAIR AND APPROPRIATE BASIS OF THE BARGAIN AND THAT WEX HEALTH WOULD NOT PROVIDE THE SITE TO YOU IF YOU DID NOT AGREE WITH THESE TERMS OF SERVICE. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE FOREGOING LIMITATION MAY NOT APPLY TO YOU. FURTHER, WEX HEALTH SHALL NOT BE IN ANY WAY RESPONSIBLE FOR THE CONDUCT OR OMISSIONS OF THIRD PARTIES THAT HAVE POSTED INFORMATION ON THIS SITE OR FOR ANY INFORMATION POSTED ON THIS SITE BY SUCH PARTIES.
12. Third Party Sites
As a convenience to users, WEX Health may provide links on the Site to Web sites maintained by others. WEX Health has not reviewed such sites and is not responsible for the contents or availability of such sites or for products or services offered on such sites. WEX Health shall not be responsible or liable, directly or indirectly, for any damage or loss caused or claimed to have been caused by use of any such sites or the content, goods, services, or advertisements contained on or available via such sites. Links have been provided for your convenience and the inclusion of any link does not imply endorsement by WEX Health of the site or any association with the site’s owners or operators.
13. Privacy and Security
While we take certain measures designed to protect the confidentiality of your information, due to the nature of the Internet we cannot and do not guarantee that all information will remain secure. Under certain circumstances, it is possible that third parties may be able to intrude on the server or take other actions and view your information. By submitting information to the Site, you agree that you are aware of these risks. If you do not wish to submit your information electronically, do not do so, however in such case you may not be able to make use of the full functionality of this Site. You agree that WEX Health (including its affiliates, vendors, licensors and of WEX Health’s and their owners, officers, directors, employees and agents) is not responsible for any consequence of illegal or unauthorized acts by third parties, including but not limited to hacking or similar crimes.
You agree to indemnify, defend and hold WEX Health (including its affiliates, vendors, licensors and of WEX Health’s and their owners, officers, directors, employees and agents) harmless from and against any and all third party claims, liabilities, costs, or expenses, including reasonable attorneys’ fees, arising out of or resulting from (a) Your breach of any provision of these Terms of Service, (b) Your acts, omissions, negligence or willful misconduct, or (c) a claim that information submitted to this Site infringes the rights, including the intellectual property or proprietary rights, of a third party.
This Site is controlled and operated by WEX Health from its offices within the United States of America. WEX Health makes no representation that the materials on this Site are appropriate or available for use in other locations. Those who choose to access this Site from other locations do so on their own initiative and at their own risk and are responsible for compliance with local laws, if and to the extent applicable. These Terms of Service shall be governed by and construed and enforced in accordance with the laws of the State of Connecticut, without regard to conflicts of law. Any action you, any third party, or WEX Health brings to enforce these Terms of Service or in connection with any matters relating to this Site shall be brought only in either the state or federal courts located in Hartford County, Connecticut, and you expressly consent to the jurisdiction of said courts. If any provision of these Terms of Service shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Service and shall not affect the validity and enforceability of any remaining provisions. These Terms of Service constitute the entire agreement and understanding between you and WEX Health (other than any separate you may have signed with WEX Health and which other agreement will continue according to its terms) and supersede any prior or contemporaneous agreements or understandings, whether written or oral, relating to the matters contained herein. You may not assign any right or interest under these Terms; WEX Health may assign its rights and obligations. If any of the provisions of these Terms are held unenforceable by a court or other tribunal of competent jurisdiction, then those provisions shall be limited or eliminated to the minimum extent necessary to allow the remainder of these Terms to retain its full force and effect.
16. Changes to Terms of Service or the Services
We may change these Terms of Service from time to time, and the changes will be effective when posted on our Site for the services or when we notify you by other means. Please review the Terms of Service periodically on this Site for changes. We have the right to change any of the terms of these Terms of Service. We may also change or discontinue the services, in whole or in part, including but not limited to, the Internet based services, pricing, technical support options, and other product related policies. Your continued use of the services after WEX Health posts or otherwise notifies you of any changes indicate your agreement to the changes.
17. Term and Termination
These Terms of Service are effective until terminated by either you or WEX Health. You may terminate the Terms of Service at any time by discontinuing your use of this Site and destroying all materials obtained from it. The provisions contained under the headings Trademarks, Service Marks, and Copyrighted Materials, Disclaimer of Warranties, Limitation of Liability, Indemnification and General shall survive any such termination.
WEX Health, Inc.
4321 20th Avenue S. Fargo, ND 58103