This page describes the terms and conditions of the user’s access to ACME’ OTR Portal.
Please read this Agreement carefully because the terms are binding upon you. This Agreement describes the terms governing your use of ACME’ services provided to you through this website (collectively with the Services, the “Site”), including content, updates and new releases (collectively, the “Services”). By clicking “I AGREE”, indicating acceptance electronically, or by accessing or using the Site, you agree to this Agreement. If you do not agree to this Agreement, then do not indicate acceptance of the Agreement, and do not use the Site.
The Services are provided by ACME, its affiliates, licensors and developers (referred to as “ACME”, “we”, “our”, or “us”) on this Site and related applications. This document consists of two parts: (1) these Terms of Use, and (2) a Privacy Notice that describes what information we collect from our users and how we may use it (together, the “Agreement”).
If you are a regular user of this Site, please check this Agreement for updates. It governs your use of the Site. We may also post additional terms and conditions that apply to specific Site areas. These area-specific terms and conditions are incorporated into the Agreement. We may change this Agreement at any time by posting the amended Agreement on the Site. Certain provisions of this Agreement may be superseded by expressly designated legal notices or terms located on particular pages at this Site. As a result, we suggest you check back regularly to this page to be apprised of any updates or changes. We last revised this Agreement on 6 April 2017.
Eligibility
This Site is intended for use only by adults. You must be at least 18 years of age and possess the legal authority to form legally binding contracts under applicable law to use the Service.
The Site does not Provide Advice of Any Kind
The contents of the Site, such as text, graphics, images, tools, products, services and other material contained on the Site ("Content") is provided by ACME, Mercer, and their licensors for informational purposes only. Nothing contained in the Content is intended to provide and does not provide any individualized advice on any topic, including but not limited to financial or medical advice, nor is the Content intended to be instructional for any purpose, including but not limited to financial planning, medical diagnosis, or treatment of any condition or disease. The information furnished and/or results produced through use of tools or applications on the Site is not intended to be a complete analysis of or response to any issue, is not intended to provide suggestions or recommendations for any purpose (including but not limited to financial planning or a course of treatment), or to replace personal consultation with a qualified professional, including but not limited to a qualified financial planner or health care professional. The information presented on or through this Site is not intended to be the sole source of information for any user on the topics presented. All information should be confirmed with the authorized individuals of ACME.
To illustrate some of the compensation and benefits available to you in connection with your employment with ACME, certain assumptions have been made as noted throughout the Site. The use of these assumptions is not a promise or guarantee by ACME of your continued employment, your future earnings, or continuation of any particular benefit plan or arrangement. The benefit plans and arrangements referenced on the Site are those adopted, sponsored, maintained and operated by ACME and not by Mercer. The compensation and benefits you receive in the future will depend on your actual situation, ACME benefit plan decisions, and not on these assumptions. As plan sponsor, ACME reserves the right to amend, terminate, suspend, withdraw or modify any of its benefit plans or arrangements whether or not referenced on the Site, in full or in part, at any time, and for any reason to the extent permitted by law. The terms and conditions of any benefit plan that is sponsored by ACME and governed by ERISA (the Employee Retirement Income Security Act) are outlined in the applicable Summary Plan Description and are governed by the official plan documents. Nothing contained on this Site amends any Summary Plan Description or any official plan document. ACME has attempted to ensure the accuracy of the information presented on this Site; however, if there are any errors or omissions in any information presented on our through this Site, the information presented is not binding. If there is any conflict or confusion between the contents of this Site and any official plan document, the official plan document will control in all respects.
If any of the information you receive through this Site does not agree with your records, or if you have any questions about this statement or the contents of this Site, please contact your local human resources representative. The information available on the Site is based on various assumptions and your personal information available to ACME and may not be accurate or up-to-date.
With respect to health issues, always seek the advice of your physician or other qualified health provider with any questions you may have regarding a health or medical condition. Never disregard, avoid or delay obtaining professional medical advice from your doctor or other qualified health provider because of something you have read on the Site.
If you are in the United States and think you may have a medical emergency, call your doctor or 911 immediately.
Neither Mercer nor ACME recommends nor endorses any specific tests, physicians, products, procedures, opinions or other information that is mentioned on the Site. Reliance on any information provided on or through this Site, is solely at your own risk.
No Unlawful or Prohibited Use
You agree not to use the Site for any purpose that is unlawful or prohibited by this Agreement. You agree not to upload, post, distribute, link to, publish, reproduce, engage in or transmit any of the following materials or information, including but not limited to:
- that are not legally yours and may be protected by, or that infringe or may infringe on anyone else's copyright or other proprietary right, or derivative works, without permission from the copyright owner or intellectual property rights owner;
- that violate or may violate others' privacy or publicity rights, including posting images about children or any third party without their consent (or a parent's consent in the case of a minor);
- that are illegal, fraudulent, libelous, defamatory, obscene, pornographic, profane, threatening, abusive, hateful, harassing, offensive, inappropriate or objectionable, including without limitation conduct that would encourage or constitute an attack or "flaming" others, or criminal or civil liability under any local, state, federal or foreign law;
- that impersonate another person or falsely represent your identity or qualifications;
- that breach any obligations of confidentiality or any other contractual obligation you may owe to any third parties; or
- that are advertisements, solicitations, investment opportunities, chain letters, pyramid schemes, other unsolicited commercial communication or engage in spamming or flooding.
You further agree not to submit any materials that contain viruses, Trojan horses, worms, time bombs, cancelbots, or other computer programming routines or engines that are intended to damage, detrimentally interfere with, surreptitiously intercept, or expropriate any system, data, or information. You may not try to gain unauthorized access to the Site or Services, other accounts, computer systems or networks connected to the Site or Services through hacking, password mining, or any other means. You agree that you will not use any robot, spider, other automatic device, or manual process to monitor or copy pages of this Site or the content contained on it without our express prior written permission.
We may (but need not) monitor, edit, or remove any content from this Site that violates this Agreement.
Use of the Services; Intellectual Property Rights; Restrictions
The Site, including, without limitation, applications, the information contained therein, any table structures, queries, and reports, their arrangement, organization, and methods of interactions, the algorithms and other database artifacts, the Site's structure, all textual and graphical materials, and all technical information and other content appearing on this Site and their modifications and enhancements, are confidential and trade secret information that is proprietary to and owned by Mercer or a third party providers or licensors (the "Providers"), together with all related copyrights and trademarks. Mercer or the Providers (as the case may be) retain the exclusive and sole ownership of the Site and any content, and all related intellectual property rights.
You agree to hold all such proprietary and confidential information in confidence. You may not modify, sell, transfer or otherwise provide any of the proprietary and confidential information, in whole or in part, in any form to any person or entity who is not an employee of Mercer who needs access to the information to facilitate your licensed access and use of the Site without Mercer's prior written permission.
You may not create derivative works of, or decompile, reverse engineer, translate or disassemble the Site, in whole or in part, except as expressly permitted by applicable law. You may not create or store in electronic form any shared library, data warehouse, archive, cache or frame of the data or information contained in the Site.
Nothing contained herein shall be deemed to confer by implication, estoppel or otherwise, any license or any other grant of right to use any trademark, copyright, or any other intellectual property right of Mercer or any third party. The "Mercer" name and the names of Mercer's products referred to on the Site are Mercer's trademarks. All other product and company names belong to their respective owners. You agree that you will take no action inconsistent with this paragraph.
Except as required herein, you agree not to use Mercer or ACME' or its Providers' intellectual property in the press and not to refer to Mercer or ACME or its Providers or attribute any information to Mercer or ACME or its Providers in the press, for advertising or promotional purposes, or for the purpose of informing or influencing any other party without Mercer or ACME' or the respective Provider's prior written consent.
You will be responsible for any access to, or use or disclosure of Mercer or ACME' or the Providers' confidential and proprietary information by you and, further, shall indemnify and hold harmless Mercer or ACME and the Providers for any and all loss, damage or liability incurred by Mercer or ACME or the Providers as a result of a breach by you or any other party to whom you may have provided access to the Site of any or all of the obligations contained in this Agreement.
You may make a reasonable number of copies of the output of any of the Services from this Site provided that such copies may not be sold and may not be distributed to any other party. Except as expressly permitted by this Agreement, you will not: copy, cut and paste, email, reproduce, publish, distribute, redistribute, broadcast, transmit, modify, adapt, edit, abstract, create derivative works of, store, archive, publicly display, sell or in any way commercially exploit, in whole or in part, any information or output from the Site, or set up derived databases or materials from information you obtain from the Site.
Mercer and ACME reserve the right to add to, remove from or edit the contents or change the Site at any time with or without notice.
Mercer and ACME reserve the right to monitor usage by you (in terms of volume, frequency or otherwise) of the Site. In case of unauthorized use of the Site by you, Mercer and ACME reserve the right to deny you access to the Site by blocking, without prior notification, the IP address(es) that you used to access the Site.
This Agreement does not constitute a sale of the Site or any part of it and, except as expressly provided for in this Agreement, no rights or licenses, express or implied, are hereby granted to you in respect of the Site. You acknowledge that as between you and Mercer, Mercer (or its Providers) is throughout the world the proprietor subsisting in the Site. Nothing herein contained shall be construed so as to transfer any intellectual property rights whatsoever in the Site to you or any other party. You agree not to use the Site or the Content in a manner that violates any applicable local, state, federal or international law, regulation or this Agreement. For example, unless authorized by ACME in writing, you further agree you will not:
- Use, employ, or attempt to use or employ any robot, spider, scraper, deep link or other similar automated data gathering or extraction programs, tools, utilities, algorithm or methodology to access, acquire, copy or monitor any portion of the Site, without ACME' express written consent, which may be withheld in ACME' sole discretion;
- Use, employ, or attempt to use or employ any engine, software, tool, agent, or other device or mechanism (including, without limitation robots, spiders, avatars, intelligent agents, or browsers) to navigate or search the Site, other than the search engines and search agents available through the Site and other than generally available third-party web browsers;
- Attempt to access any other Mercer or ACME systems that are not part of these Site.
- Excessively overload the Mercer or ACME systems used to provide the Site.
The foregoing list provides examples only and is non-exclusive. If you violate any of these terms, this Agreement and your right to use the Site may be terminated by Mercer or ACME in its sole discretion, with or without notice.
You are solely responsible for maintaining and securely managing your password(s) for access to the Site. If you become aware of any unauthorized access to your Site account, theft or loss of your password, you agree to contact Mercer immediately by e-mail at the address provided under the heading "Account Security", below. Mercer and its Providers may freely use feedback you provide. You agree that Mercer and its Providers may use your feedback, suggestions, or ideas in any way, including in future modifications of the Site, other products or services, advertising or marketing materials. You grant Mercer and the Providers a perpetual, worldwide, fully transferable, sublicenseable, non-revocable, non-terminable, fully paid-up, royalty free license to use the feedback and any other information you provide to Mercer or the Providers in any way.
Disclaimer of Warranties
THIS SITE MAY CONTAIN INACCURACIES OR TYPOGRAPHICAL ERRORS. YOU AGREE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE PROVIDE THIS SITE AND THE SERVICES “AS IS” AND “AS AVAILABLE” AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED, OR STATUTORY, AS TO THE OPERATION OF THE SERVICE; THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE CONTENT OR MATERIALS INCLUDED ON THE SITE OR THE SERVICE; OR OTHERWISE. WE SPECIFICALLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY THAT THE SERVICES ARE FIT FOR A PARTICULAR PURPOSE, TITLE, MERCHANTABILITY, DATA LOSS, UPTIME OR CONTINUITY OF THE SERVICES, NON-INTERFERENCE WITH OR NON-INFRINGEMENT OF ANY INTELLECTUAL PROPERTY RIGHTS, OR THE ACCURACY, RELIABILITY, QUALITY OR CONTENT IN OR LINKED TO THE SERVICES. IF THE EXCLUSIONS FOR IMPLIED WARRANTIES DO NOT APPLY TO YOU, ANY IMPLIED WARRANTIES ARE LIMITED TO 60 DAYS FROM THE DATE OF PURCHASE OR DELIVERY OF THE SERVICES, WHICHEVER IS SOONER. ACME AND ITS AFFILIATES, PARTNERS, PROVIDERS, AND SUPPLIERS DISCLAIM ANY REPRESENTATIONS OR WARRANTIES THAT YOUR USE OF THE SITE WILL SATISFY OR ENSURE COMPLIANCE WITH ANY LEGAL OBLIGATIONS OR LAWS OR REGULATIONS.
YOU ACKNOWLEDGE AND AGREE THAT THE SITE AND SERVICES ARE FOR GENERAL INFORMATION AND USE ONLY. IN PARTICULAR, THE SERVICES DO NOT CONSTITUTE ANY FORM OF ADVICE, RECOMMENDATION, REPRESENTATION, OR ARRANGEMENT BY ACME OR ITS PROVIDERS. ACME AND ITS PROVIDERS DO NOT WARRANT THE ACCESS OR USE OF THE SERVICES IN ANY SPECIFIC SITUATION OR FOR ANY SPECIFIC APPLICATION.
WE DO NOT WARRANT:
- THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE,
- THE QUALITY OF ANY SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE SERVICE, OR
- THAT ANY ERRORS IN THE SERVICE WILL BE CORRECTED.
YOU AGREE THAT MERCER, ACME, NOR ANY OF THEIR PROVIDERS SHALL BE RESPONSIBLE FOR UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, ANY MATERIAL OR DATA SENT OR RECEIVED OR NOT SENT OR RECEIVED, OR ANY TRANSACTIONS ENTERED INTO THROUGH THIS SITE. YOU AGREE THAT MERCER ACME, NOR ANY OF THEIR PROVIDERS SHALL BE RESPONSIBLE OR LIABLE FOR ANY THREATENING, DEFAMATORY, OFFENSIVE, OR ILLEGAL CONTENT OR CONDUCT OF ANY OTHER PARTY OR ANY INFRINGEMENT OF ANOTHER'S RIGHTS, INCLUDING INTELLECTUAL PROPERTY RIGHTS.
NEITHER ACME NOR MERCER, NOR ANY OF THEIR PROVIDERS WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM THIS SITE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU DOWNLOAD ANY MATERIAL THROUGH THE USE OF THE SERVICE AT YOUR OWN RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM ACME OR MERCER OR ITS PROVIDERS OR THROUGH OR FROM THE SERVICE, SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EXCEPT IN RESPECT OF PERSONAL INJURY OR DEATH CAUSED DIRECTLY BY MERCER'S, ACME' OR EITHER OF THEIR PROVIDERS' NEGLIGENCE, THE LIMIT OF MERCER AND/OR ACME' (FOR AVOIDANCE OF DOUBT, INCLUDING EITHER OF THEIR AFFILIATES, PROVIDERS, SUPPLIERS AND DEVELOPERS) LIABILITY TO YOU OR TO ANY THIRD PARTY FOR ANY AND ALL CLAIMS CONCERNING PERFORMANCE OR NON-PERFORMANCE BY MERCER OR ACME RELATED TO MERCER'S OR ACME' OBLIGATIONS UNDER THIS AGREEMENT SHALL NOT, IN THE AGGREGATE, EXCEED THE GREATER OF THE FEES PAID BY YOU TO MERCER OR ACME FOR ACCESS TO AND USE OF THE SERVICES, OR US$500.00 (U.S. FIVE HUNDRED DOLLARS). NEITHER MERCER NOR ACME (INCLUDING EITHER OF THEIR AFFILIATES, PROVIDERS, SUPPLIERS AND DEVELOPERS) SHALL BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR OTHER DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF MERCER, ACME OR ANY OF THEIR PROVIDERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING OUT OF, RESULTING FROM OR IN ANY WAY CONNECTED WITH:
- THE USE OR THE INABILITY TO USE, ANY DELAY IN, OR THE PERFORMANCE OF THE SERVICE;
- THE COST OF PROCURING SUBSTITUTE SERVICES RESULTING FROM ANY DATA, INFORMATION, OR SERVICES OBTAINED, OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM, THE SERVICE;
- UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA;
- STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE; OR
- ANY AND ALL DAMAGES RELATING TO FAILURES OF TELECOMMUNICATIONS, THE INTERNET, ELECTRONIC COMMUNICATIONS; CORRUPTION, SECURITY, LOSS OR THEFT OF DATA, VIRUSES, SPYWARE, OR USE OF SOFTWARE OR HARDWARE THAT DOES NOT MEET MERCER OR ACME SYSTEMS REQUIREMENTS
- ANY OTHER MATTER RELATING TO THE SERVICE OR THIS AGREEMENT, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE.
YOU ACKNOWLEDGE THAT NO DEFENSE OR INDEMNITY OF ANY KIND IS PROVIDED HEREUNDER BY MERCER, ACME OR ANY OF THEIR PROVIDERS WITH RESPECT TO ANY CLAIM, DEMAND, CAUSE OF ACTION, COST, LOSS, DAMAGE, EXPENSE OR LIABILITY ARISING FROM OR BASED ON YOUR OR ANY THIRD PARTY'S USE OF OR INABILITY TO USE THE SITE.
THIS AGREEMENT SETS FORTH THE ENTIRE LIABILITY OF MERCER, ACME AND EACH OF THEIR AFFILIATES, PROVIDERS, AND SUPPLIERS AS WELL AS YOUR EXCLUSIVE REMEDY WITH RESPECT TO THE SERVICES AND ITS USE AND YOUR AGREEMENT TO THESE PROVISIONS AND LIMITATIONS IS A MATERIAL INDUCEMENT TO MERCER AND ACME TO ENTER INTO THIS AGREEMENT WITH YOU AND PROVIDE YOU ACCESS TO THE SERVICES AND OTHER OFFERINGS PROVIDED BY MERCER. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, THE SERVICE OR OF THIS AGREEMENT, YOUR EXCLUSIVE REMEDY IS TO STOP USING THE SITE AND SERVICE.
Use and Validity of E-Mail Notices; E-mail Account
By providing your ACME e-mail address to Mercer, you agree that Mercer and its Providers may provide, and that you will accept and receive, all required notices from us electronically, to that e-mail address or such other e-mail address as you designate. If you wish to receive notices at another address, it is your responsibility to notify us of any updates or changes, as appropriate, by updating your user profile and contact preferences. Required and other notices and communications from us will be either in the text of the applicable e-mail or through an embedded link to the appropriate page on our Site, which should be accessible through any standard, commercially available internet browser. Notwithstanding the foregoing, Mercer may in its sole discretion from time to time elect to provide required notices or other communications to you by any other means it deems appropriate.
Any legal notices by you to Mercer relating to this Agreement should be sent by you to Mercer by e-mail to the following address: PrivacyCoordinator@mercer.com.
Account Security
You are responsible for maintaining the privacy and security of your password and other security information. You are also responsible for maintaining the integrity of your hardware and operating system to prevent viruses, spyware or other malicious software from stealing your password information or data. Neither Mercer nor ACME (or any of their Providers) bear any responsibility for unauthorized access to your account as a result of your failure to follow appropriate security precautions. If you should become aware of any unauthorized use of your account or user information, or if you otherwise believe that your account has been compromised, you agree to immediately notify Mercer by e-mail to: PrivacyCoordinator@mercer.com
Your Data
Mercer respects your personal information and undertakes to comply with applicable Data Protection legislation as amended from time to time. You should be aware that Mercer would disclose your personal information under the following circumstances:
- If we are requested by the police or any regulatory or governmental authority investigating suspected illegal activities, or upon receipt of a court order, to provide your Personal Information and/or information concerning your activities while using the Web site; and
- We reserve the right, in our reasonable discretion, to disclose details of your use of the Web site in relation to any, or any threatened, Court Proceedings in connection with your use, or the use of anyone under your control, of the Web site whether in connection with the matters set out in these Conditions or otherwise.
No One Can Guarantee the Safety of Sending Data Over the Internet
Your personal data is sent over the Internet in an encrypted format, using secure Web servers, with the intent of protecting the data from access by others. However, ACME, Mercer and the site developers make no guarantees that this protection is invincible. It may be possible for someone to decipher the encryption, or a server may fail to properly encrypt the data.
THEREFORE, BY AGREEING TO USE THE SITE, YOU AGREE TO ACCEPT THE RISK THAT SOMEONE MAY BE ABLE TO ACCESS YOUR PERSONAL INFORMATION. ACME, MERCER AND THE SITE DEVELOPERS WILL NOT BE LIABLE FOR ANY HARM THAT YOU MAY EXPERIENCE IF AN UNAUTHORIZED PERSON BREAKS THE ENCRYPTION OR IF A SERVER FAILS.
Export/Import Restrictions and Tariffs
Access to this Site may not be provided by you to anyone for use in any country or used in any manner prohibited by the United States Export Administration Act or any other country's export laws, restrictions or regulations. Furthermore, you agree to comply with any import laws, rules, and regulations of the countries and jurisdictions where you access and use this Site or receive copies of any technical information or other materials. You agree to indemnify Mercer, ACME and any of their Providers and hold Mercer, ACME and their Providers harmless from any fines or other penalties, as well as any tariffs, import or export taxes, levied with respect to your use of this Site by jurisdictions in which you access and use it, or from which you export information from this Site, or for any violation of the requirement not to provide access to and use of this Site for use in any country prohibited by the United States Export Administration Act or any other export laws, restrictions, or regulations.
Termination
You agree that Mercer and/or ACME, in their sole discretion and without notice, may terminate your password, account (or any part thereof), or access to or use of the Site or the Service or any portion thereof, and remove and discard any content within the Site or the Service, at any time and for any reason, including, without limitation, if Mercer or ACME believe that you have violated or acted inconsistently with this Agreement. Mercer or ACME may prohibit or restrict access to the Site or the Service to anyone at any time, with or without cause. Mercer or ACME may also in its sole discretion and at any time discontinue providing the Site or the Service, or any part of it, temporarily or permanently. Mercer or ACME will make reasonable commercial efforts to provide notice of any such discontinuation to you. You agree that neither Mercer nor ACME (or any of their Providers) shall be liable to you or any third party for any termination of your access to the Site or Service or for any modification, suspension, or discontinuation of the Site or Service.
Hypertext Links
The Site may contain links to other sites. The policies at other sites, which may be owned and operated by third parties other than Mercer, may be different from this policy. Those third party sites' policies will govern the use of information you provide to them. Mercer, ACME and its Providers do not make any representations whatsoever about any other website that you may access through this Site. Links imply neither (i) that Mercer, ACME or any of their Providers are affiliated with or otherwise endorses any other parties; nor (ii) that it is legally authorized to use any trademark, trade name, logo, or copyright symbol displayed in or accessible through the links, or that any linked site is authorized to use any trademark, trade name, logo, or copyright symbol of ACME or its Providers.
U.S. Government Restricted Rights
Government users will receive no greater than Restricted Rights as defined in FAR 52.227-19 [c] (1-2) (June 1987). Government users will received no greater Limited Rights as defined in FA 52.227-14 (June 1987) or DFAR 252.227-7015(b)(2) (November 1995), as applicable in any technical data at this site.
Trademarks
The ACME name, the ACME logo, and other trademarks, service marks, and logos (the "Trademarks") used and displayed on this Site are registered and unregistered Trademarks of ACME, or an affiliate of ACME. Nothing on this Site shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the site without ACME' express prior written permission. ACME prohibits the use of the ACME name, any of its registered domain names and any of its other trademarks as part of a link to or from any site unless approved in advance by ACME in writing. You may not use any metatags or any other hidden text utilizing any ACME domains, ACME, or other Trademarks without our express prior written consent. The Mercer name, the Mercer logo, and other trademarks, service marks, and logos (the "Trademarks") used and displayed on this Site are registered and unregistered Trademarks of Mercer, or an affiliate of Mercer. Nothing on this Site shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the site without Mercer's express prior written permission. Mercer prohibits the use of the Mercer name, any of its registered domain names and any of its other trademarks as part of a link to or from any site unless approved in advance by Mercer in writing. You may not use any metatags or any other hidden text utilizing any Mercer domains, Mercer, or other Trademarks without our express prior written consent. In addition, a Provider's name, a Provider's logo, and other trademarks, service marks, and logos (the "Provider Trademarks") used and displayed on this Site are registered and unregistered Trademarks of the relevant Providers, or an affiliate of such Provider. Nothing on this Site shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Provider Trademark displayed on the site without such Provider's express prior written permission. The Providers prohibit the use of the Provider's name, any of its registered domain names and any of its other trademarks as part of a link to or from any site unless approved in advance by such Provider in writing. You may not use any metatags or any other hidden text utilizing any a Provider's domains or the Provider Trademarks without such Provider's express prior written consent.
General
Governing law; Jurisdiction. The laws of the State of New York, United States of America, govern this Agreement in all respects, without regard to the United Nations Convention on Contracts for the International Sale of Goods and any amendments thereto, the application of which is expressly excluded. Your conduct may be subject to other laws. You expressly agree that exclusive jurisdiction over any dispute arising from your use of the Site or the Service resides in the federal and state courts located in the borough of Manhattan, New York City, New York. You further agree and expressly consent to the exercise of personal jurisdiction in the State of New York in connection with any dispute or claim involving the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of this Agreement and conditions, including this paragraph.
Indemnification. You hereby agree to indemnify, defend, and hold harmless ACME, Mercer, and its and their officers, directors, shareholders, agents, subsidiaries, affiliates, customers, suppliers, Providers, and employees from and against all claims, demands, and damages (including actual and consequential), of every kind and nature whether known or unknown arising out of or relating to:
- your posting of any content on, or your use of, the Service or this Site in violation of this Agreement;
- any other breach of this Agreement by you; or
- your violation of any law or the rights of a third party.
Third Party Beneficiaries. You acknowledge and agree that the Providers are intended to be third-party beneficiaries of the provisions of this Agreement entitled to enforce its provisions as fully as if parties hereto.
Severability. It is the intent of the parties that the provisions of this Agreement shall be enforced to the fullest extent permitted by applicable law. To the extent that the terms set forth in this Agreement or any word, phrase, clause or sentence is found to be illegal or unenforceable for any reason, such word, phrase, clause or sentence shall be modified deleted or interpreted in such a manner so as to afford the party for whose benefit it was intended the fullest benefit commensurate with making this Agreement as modified, enforceable and the balance of this Agreement shall not be affected thereby, the balance being construed as severable and independent.
Unforeseen Events. You, ACME, Mercer, or any of Providers cannot predict delays or failures in performance under the Agreement resulting from events beyond their reasonable control. This, for example, includes 'acts of God', fire, flood, riots, new laws which prevent the carrying out of the Services, the results of terrorist activity, failures of third party suppliers, and electronic and other power failures. Should such circumstances arise, Mercer and ACME will use reasonable endeavors to continue to provide the Services but recognize that you may not be able to wait while the matter is remedied. In such a case, either party may terminate the Agreement with immediate effect by giving written notice to the other.
Injunctive Relief. You acknowledge that Mercer, ACME and their Providers will be irreparably harmed if your obligations under this Agreement are not specifically enforced and that Mercer, ACME and their providers would not have an adequate remedy at law in the event of an actual or threatened violation by you of your obligations. Therefore, you agree that Mercer, ACME and their Providers will be entitled to an injunction or any appropriate decree of specific performance for any actual or threatened violations or breaches by you without the necessity of showing actual damages or that monetary damages would not afford an adequate remedy.
WAIVER OF TRIAL BY JURY. EACH OF US, TO THE FULLEST EXTENT PERMITTED BY LAW, KNOWINGLY, VOLUNTARILY, AND INTENTIONALLY WAIVE OUR RIGHT TO A TRIAL BY JURY IN ANY ACTION OR OTHER LEGAL PROCEEDING ARISING OUT OF OR RELATING TO THIS AGREEMENT, THE ACCESS, USE AND INTERPRETATION OF THE INFORMATION ON THE SITE, OR ANY SITE-RELATED SERVICES PROVIDED BY MERCER, ACME, OR ANY OF THEIR AFFILIATES OR PROVIDERS. THE WAIVER APPLIES TO ANY ACTION OR LEGAL PROCEEDING, WHETHER SOUNDING IN CONTRACT, TORT OR OTHERWISE. EACH OF US AGREE NOT TO INCLUDE ANY EMPLOYEE, OFFICER, DIRECTOR OR TRUSTEE OF THE OTHER AS A PARTY IN ANY ACTION, PROCEEDING OR COUNTERCLAIM RELATING TO SUCH DISPUTE.
ENTIRE AGREEMENT. THIS AGREEMENT CONSTITUTES THE ENTIRE AGREEMENT BETWEEN YOU AND MERCER AND YOU AND ACME WITH RESPECT TO THIS SITE AND THE SERVICES, AND SUPERSEDES ANY AND ALL PRIOR PROPOSALS, UNDERSTANDINGS, REPRESENTATIONS AND/OR AGREEMENTS, WHETHER ORAL OR WRITTEN, AND ALL OTHER COMMUNICATIONS BETWEEN THE PARTIES REGARDING ITS SUBJECT MATTER.
TRANSFER/ASSIGNMENT. ACCESS TO THIS SITE IS LICENSED ONLY TO YOU. YOU MAY NOT RENT, LEASE, SUBLICENSE, SELL, ASSIGN, PLEDGE, TRANSFER OR OTHERWISE DISPOSE OF YOUR ACCESS, OR ANY OF YOUR RIGHTS OR OBLIGATIONS UNDER THIS AGREEMENT, IN WHOLE OR IN PART, TO ANY OTHER PARTY, WITHOUT ACME' PRIOR WRITTEN CONSENT. ANY PURPORTED ASSIGNMENT IN VIOLATION OF THIS PARAGRAPH WILL BE VOID AND CONSTITUTE A MATERIAL BREACH OF THIS AGREEMENT. MERCER MAY RENT, LEASE, SUB-LICENSE, SELL, ASSIGN, PLEDGE, TRANSFER, CHARGE OR OTHERWISE DISPOSE OF THIS LICENSE TO ANY AFFILIATE OF MERCER OR TO A PROVIDER. THIS AGREEMENT IS BINDING UPON AND SHALL INURE TO THE BENEFIT OF ALL PARTIES AND THEIR RESPECTIVE SUCCESSORS, HEIRS, EXECUTOR, ADMINISTRATORS, PERSONAL REPRESENTATIVES AND PERMITTED ASSIGNS.
International Users
This Site is controlled, operated, and administered by Mercer from its offices within the United States of America. Access to the Site from territories where the Site's contents are illegal is prohibited. If you access this Site from locations outside of the United States, you are responsible for compliance with all local laws.
By accessing and using this Site you agree to this Agreement and you agree that your personal information may be stored and processed in the United States.
Should you have questions regarding this Agreement, you may contact Mercer at PrivacyCoordinator@mercer.com.
PRIVACY NOTICE
Mercer believes strongly in protecting your privacy. This Privacy Statement applies to our websites, mobile applications, and other online and mobile applications associated with us and our services that link to or post this Privacy Statement (collectively, the "Services"). This Privacy Statement is intended to inform you of the ways in which this site collects personal information, the uses to which that information is put, how and why we share that information, and the ways in which we protect it. Generally, personal information is information that can identify you or your activities on the site or through services offered on the site.
This Privacy Statement applies solely to data collected through use of the site. You may provide Mercer with or Mercer may receive information about you other than in connection with the site; the collection and receipt of such information may be subject to separate terms and conditions and a separate privacy policy. We encourage you to review the privacy policies and terms and conditions that may apply to those practices. This Privacy Statement is not intended to alter the terms or conditions of any other agreements you may have with Mercer to the extent that those agreements govern issues other than the collection and use of your information through this site.
This Privacy Statement is incorporated into the Terms of Use. By using this site, you acknowledge that you have read, understand and accept these Terms of Use, including this Privacy Statement. If you use this site as an employee or member of an organization, this site is also operated pursuant to any agreements we may have with your employer or association. We encourage you to contact your employer or association for more information.
Please take a moment to familiarize yourself with our privacy practices. You may also contact us at PrivacyCoordinator@mercer.com for assistance with any question you may have.
Since we may change this Privacy Statement, we recommend that you check the current version available from time to time. If we make changes to this Privacy Statement, we will update the “Effective Date†at the top of the page. If there are significant changes, you will be provided with appropriate online notice. Your continued use of the site constitutes your agreement to the effective Privacy Statement.
WHAT INFORMATION DOES THIS PRIVACY STATEMENT COVER?
This Statement describes how we may collect, use, share, and keep information about you that we get about you. We gather information if you:
- Visit or use our website or apps;
- Register to use this site
- Create or modify your account;
- Receive, send, or reply to electronic communications from us
- View or click on our online content; and
- Interact with us through social media websites and other websites and apps
In this statement, we also explain how we may combine online information with other information and how we then use the combined information.
WHAT DATA DO WE COLLECT?
The information that you provide to us or that we collect or receive about you may depend on how you interact with us and the services that you choose to use. Generally, we may collect the following information about you and, in some cases, about your dependents or beneficiaries:
- contact information such as your name, address, email address, and phone number;
- demographic information such as your date of birth, marital status, and gender;
- financial information such as your Social Security number, financial account numbers, balances, and transaction history, benefits information, including retirement plan information, and salary;
- information about the use of our site, such as records of, or relating to, your Internet Protocol address, your general geographic location, your browser type, your operating system, the pages you view on the services, the pages you view immediately before and after you access the site, and the search terms you enter on the site;
- information about communications and communications and other interactions between you and us about our site;
- information about your transactions with third parties, including the third party providers you access through our site; and
- decisions you may make with respect to the program services offered.
Information Provided by You, Your Representatives or Third Parties
We collect information from you; your representative; your employer or association; and third parties that have roles in delivering services to you, your employer or association. These include insurance companies, plan administrators and vendors, brokers or agents, credit agencies, and financial institutions. You might provide this information when you visit this site; apply for insurance coverage; enroll in a benefits program; or communicate with us. In addition, your employer or association or someone acting on their behalf may provide us with information about you.
If you supply us with personal information about other people, you represent that you have the authority to provide this information on their behalf. In these instances, you further represent that the individuals to whom this information relates have been informed of and understand the reason(s) for you providing or us obtaining the information, the manner in which this information will be used and disclosed, and have consented to such use and disclosure.
Information Collected by Automated Means
We also collect or receive information over time and across different websites or platforms when you use the site. We may collect some of this information using cookies, web beacons, and other technologies. Cookies are small pieces of text a website places on your computer to help remember information about your visit. Web beacons are tiny graphics with unique identifiers that are embedded invisibly on the web pages. Neither cookies nor web beacons can read data off your computer's hard drive. We use information collected from cookies and web beacons to improve your experience and the overall quality of our site. We also may use cookies and web beacons to collect information from third parties (such as Google) to analyze the effectiveness of the performance of this site. We also use web beacons to help deliver cookies and compile analytics. Our cookies and web beacons may come from third-party service providers who have our permission to place such tools on our site. Certain Cookies and Similar Technologies do collect Personal Information. For example, if you click Remember Me when you log in to our website, a cookie will store your username.
We (and our service providers) may collect information using cookies and web beacons about:
- The device used to browse sites
- The IP address and info related to that IP
- Browsing history on our sites
- How you search for our sites
- Browsing activities over time and across other sites
- Whether you open our electronic communications and how you interact with these communications
- Location of your mobile device
You can refuse to accept cookies and delete them by adjusting your browser settings. Please note that refusing or deleting cookies may impair your browsing experience on the site, or prevent you from using some of its services, and it may also delete any preferences you have set. For more information about how to reject or delete cookies, consult with your browser's or device's help documentation, or visit http://www.aboutcookies.org. We do not use technology that recognizes do-not-track signals or similar mechanisms from your browser indicating that you do not wish to be tracked or receive interest based ads. You may be able to take steps to opt out of Internet-based advertising by installing a browser plugin from a third party, where available. For more information about Internet-based advertising, please see: http://www.networkadvertising.org/managing/opt_out.asp.
Information that is Publicly Available
We may also collect information made publicly available through third party platforms (such as online social media platforms), through online databases or directories, or that is otherwise publicly available or lawfully obtained. This information may be governed by the privacy policies provided by the third party at the time of collection. We encourage you to review the privacy policies of each third party website or online service you visit.
Information to Provide and Protect Our Site
In addition, in the course of seeking network security and consistent service for all users, software programs may be employed to monitor network traffic, identify unauthorized access or access to nonpublic information, detect computer viruses and other software that might damage our computers or the network, and monitor and fine-tune our network's performance. These programs may detect additional information from your computer such as your IP address, addresses from network packets, and other technical information. Such information is used to maintain the security and performance of our networks and computer systems.
We may combine the information you provide us and information we automatically collected with information from public or third-party sources.
HOW DO WE USE THE DATA WE COLLECT?
We use your personal information to:
- verify your identity;
- register and service your online account;
- providing you with products and services you request, including processing a transaction, enrollment, or other service requested by you, directly or through a third party;
- allow you to manage the program services;
- contact you when necessary and to respond to your requests and inquiries;
- customizing your experience when using the site;
- if the information is a credit/debit card number, processing payments directly or through third-party payment processing, clearing, or settlement systems;
- fulfill legal and regulatory requirements;
- update information with credit bureaus;
- detect and prevent fraud, suspicious claims, and other illegal activities; and
- generating and analyzing statistics about your use of the site;
- analyze and improve products and services, enhance this site, and evaluate the effectiveness of our marketing activities and overall services.
We may also use your data in aggregated and de-identified ways to help us analyze patterns. We may share aggregated data in several ways, including with business partners to conduct analysis and research about customers and website visitors.
We work with our business partners to collect information about the use of the site. Our business partners collect information such as how often users visit the site and what pages users visited prior to visiting the site. We use this information to maintain and improve the site. We may partner with Google Analytics in these activities. For information about how Google uses the information, see Terms of Service and the Google Privacy Statement. You can opt out of Google Analytics by visiting https://tools.google.com/dlpage/gaoptout.
We may also use the information we collect and receive as otherwise described to you at the point of collection or pursuant to your consent.
WITH WHOM DO WE SHARE YOUR DATA?
We share your information to assist with managing and running this site, to complete any transaction or provide any service you requested or authorized, or provide other products or services as requested by you, your employer, or association, or otherwise as described in this Privacy Statement or when we have your consent. Subject to restrictions and prohibitions under any applicable Federal, State or local law, we may share this information with:
- your employer or association;
- third-party service providers that have been retained to perform services on our behalf or on behalf of your employer or other association, or as authorized by your employer or other association; and
- third-party service providers retained by Mercer to provide services directly to you through this program.
We may also share information in association with the consideration, negotiation, or completion of a corporate transaction in which we are acquired by or merged with another company or we sell, liquidate, or transfer all or a portion of our assets.
Third parties to whom we disclose information are required by law and/or contractual requirements to keep your personal information confidential and secure. These parties may not use or disclose it except as reasonably necessary to provide services to you, on our behalf, on behalf of your employer or other association, or to comply with or as permitted by applicable law.
We do not rent, sell, or otherwise disclose your information to unaffiliated third parties for their own marketing, unless so authorized by you, your employer or association.
We may disclose your personal information without your prior permission, as permitted by law, including instances when we have a good faith belief that it is necessary to: (a) protect the legal rights, safety, and security of Mercer, our affiliates and business partners, and users of our site; (b) enforce the Terms of Use; (c) respond to claims of suspected or actual illegal activity; (d) respond to an audit or investigate a complaint or security threat; or (e) comply with law or legal process, or a request for cooperation by a government or other entity.
We may share information that is not reasonably identified with you for any purpose.
FOR HOW LONG DO WE RETAIN YOUR INFORMATION?
We may retain information that can reasonably identify you for as long as your account is active or as we determine is needed for our reasonable business purposes, including complying with our legal obligations, resolving disputes, and enforcing our agreements.
WHAT RIGHTS AND OBLIGATIONS DO YOU HAVE WITH RESPECT TO YOUR DATA?
Can You Limit How We Share Your Information?
Regarding information collected for purposes of financial guidance, please see US Consumer Privacy Statement (GLBA) for information about how your personal information obtained by Mercer may be used, may be shared, and how you may limit certain types of sharing.
Accessing and Correcting Your Information
Keeping your information accurate and up-to-date is very important. Inaccurate or incomplete information could impair our ability to deliver relevant services to you. Please let your employer or your service provider know about any necessary changes to your personal information.
Securing Your Own Information
By using this site, you represent that you will likewise take measures to protect this information, including the maintenance of any username and password in a confidential manner, and agree not to allow others to access your account or utilize your password.
SOME OTHER MATTERS
Steps We Take To Protect Your Information
This site and all information submitted by or on behalf of you through this site may be collected, stored, and processed in countries other than the one in which you reside, including, but not limited to, the United States.
We restrict access to your personal information to those employees of ours, our affiliates, and third- party service providers who reasonably need it to provide products or services. We have implemented physical, administrative, and technical safeguards to protect your personal information from unauthorized access. However, as effective as our security measures are, no security system is impenetrable. We cannot guarantee the security of these systems, nor can we guarantee that information supplied by you or on your behalf cannot be intercepted while being transmitted over the Internet.
External Links
This site includes links to, and application programming interfaces (APIs) with, other websites that are operated by other organizations. If you access another organization's site using a link or API on our site, that organization may collect information from you. We are not responsible for the content or privacy practices of third-party websites or their use. Once you have left this site via such a link or API (you can tell where you are by checking the URL in the location bar on your browser), you should refer to those websites' privacy policies, terms of use, and practices to determine how they handle any information they collect from you.
Does This Privacy Statement Apply to International Users?
This Privacy Statement is provided in accordance with and subject to U.S. law. If you access this site from a location outside the United States, you agree that your use of this site is subject to the terms of this Privacy Statement and the Terms of Use.
If you are a resident of the European Economic Area (EEA), in order to provide our Site, products and services to you, we may send and store your personal information (also commonly referred to as personal data) outside of the EEA, including to the United States. Accordingly, your personal information may be transferred outside of the country where you reside or are located, including to countries that may not or do not provide the same level of protection for your personal information. We are committed to protecting the privacy and confidentiality of personal information when it is transferred. Where such transfers occur, we take appropriate steps to provide the same level of protection for the processing carried out in any such countries as within the EEA to the extent feasible under applicable law. By using and accessing our Site, users who reside or are located in countries outside of the United States agree and consent to the transfer to and processing of personal information on servers located outside of the country where they reside, and that the protection of such information may be different than required under the laws of their residence or location.
Business Transactions
In the event we sell some or all of our assets or go through other business transactions, such as mergers, acquisitions, bankruptcy, or reorganizations, it is possible your personal information could be one of the assets sold or transferred in connection with the transaction. We may disclose and/or transfer your personal information to a third-party purchaser in these circumstances.
Children
This site is not intended for children, and we do not knowingly collect, use, or disclose information from children under the age of thirteen (13) years old. In an instance where such information was collected, it would be purely accidental and unintentional. If we learn that we have collected personal information from a child under the age of 13, we will promptly delete that information. If you believe we have collected personal information from a child under the age of 13, please email us at PrivacyCoordinator@mercer.com.
Rights of California Residents
Under California's “Shine the Light†law, site visitors who are California residents may request and obtain a notice once a year about the personal information we share with other businesses for their direct marketing purposes. Such a notice includes a list of the categories of personal information that was shared (if any), and the names and addresses of all third parties with which the personal information was shared (if any). The notice covers the preceding calendar year. To obtain such a notice, please contact us as previously described. In addition, under this law you are entitled to be advised how our site handles “do not track†browser signals. As described previously, we do not use technology recognizing do-not-track signals from your browser.
Questions or Concerns
If you have any questions, concerns, or complaints about this Privacy Statement, or our privacy practices in general, please email us at PrivacyCoordinator@mercer.com.