FSAok

PLEASE READ THE FOLLOWING LEGAL INFORMATION CAREFULLY. These terms and conditions comprise a User Agreement between you, and Finpago, Inc. (“Finpago”), they define the terms and conditions that govern your use of this website and the FSAok services, and they may have changed since your last visit.

By accessing any part of this site, you are indicating your acceptance of these FSAok Terms and Conditions. If you do not accept these terms and conditions, do not use any part of this site. Finpago may modify this site and these FSAok Terms and Conditions at any time. Please review these FSAok Terms and Conditions periodically because your use of any part of this site even after modification of the site or these FSAok Terms and Conditions will constitute your acceptance of these FSAok Terms and Conditions as modified.

This website and the FSAok service are provided by Finpago, Inc.

Last updated: November 14, 2007

ACCEPTABLE USE

You shall not rely upon this website or the FSAok service for medical advice: You agree that you shall not rely upon FSAok Information (which shall mean information that is presented on this website or in written or oral communications that you receive from Finpago or its agents, representatives or other business that provide information in connection with Finpago’s delivery of the FSAok service to you) in deciding whether to seek medical care or in choosing or managing any specific treatment.

You shall not rely upon this website or the FSAok service for tax advice: You acknowledge that FSAok Information (as defined above) and the FSAok service are not intended to, nor do they, provide tax advice. You agree that you shall not rely upon FSAok Information or the FSAok service as advice or counsel for any income tax matters, including, without limitation, information related to the “FSA eligibility” of items or any item or service in particular or appropriate use of health spending accounts (FSA, HRA or HSA), all of which information, to the extent provided, is provided for convenience only and must not be used by you without having first checked it with professional tax counsel, or the IRS (www.irs.gov). Without otherwise limiting the aforementioned agreement, you also herby acknowledge your understanding that FSAok Information describing any of the FSA, HRA or HSA eligibility of any and all health care expenses may be incomplete, incorrect or different from the eligibility interpretation for such expenses by the IRS and administrators of such health spending accounts (for example, something that we report to you that may be eligible for purchase with an FSA may be determined to be ineligible by your employer or FSA account administrator).

You agree that you shall not rely on this service to identify, secure or maintain documentation or records that you are required by law or agreement to keep. The FSAok service is a convenience service only, was not designed as or intended to be a secure document repository, and you agree to keep copies of all (1) receipts for expenses that you intend to fund with your health spending account, (2) claims or other documentation that FSAok submits to third parties on your behalf, and (3) notices sent to you from Finpago, all without relying on the FSAok service to maintain such information for you, even if FSAok typically tracks them for you. Finpago and other entities that provide information in connection with the FSAok service believe they use commercially reasonable efforts to secure and report information that is complete and accurate, but such beliefs notwithstanding, it may be possible that information reported to you or to a third party on your behalf by Finpago and/or other entities that provide information in connection with the FSAok service and your use of our websites may be incomplete and inaccurate. By receiving any FSAok Information or directing us to send such information to one or more third parties, you agree that the FSAok service provides such information as a convenience service to you and on an “as is” basis, and that you are responsible for any and all errors and omissions relating to such information and service. You also acknowledge that any information tracked by the FSAok service on your behalf may become unavailable to you at anytime for any reason or combination of reasons including without limitation, a change to the nature of the FSAok service, a change in the relationship of an entity that provides information to Finpago on your behalf, termination of the service or any part thereof, computer error, security action by Finpago or a third party, regulatory or Finpago policy requirement, legal action, or any other reason.

You agree that you shall not rely on this service to verify receipt of communications by intended recipients. You agree that while we have developed our systems and use reasonable business practices to deliver correct communications to their intended recipients in a timely manner as directed by you and defined in these FSAok Terms and Conditions and other communications that we make to you and that you make to us, you are responsible to verify that any and all such communications that we make on your behalf were correct and received by the intended recipient even if we indicate that we have information that suggests that such communications were received as intended. You acknowledge that such communications may, for example, be delivered to the incorrect party, incomplete, late or not at all and that any communications delivered may contain incorrect information. You acknowledge that your benefits from the FSAok service will be limited if such communications are not correct or received as intended, and that any such communication failures may result in other adverse consequences even with third parties. You agree that you are responsible to verify the receipt of correct communications by the intended recipient for any and all communications that Finpago and other entities that provide information in connection with the FSAok service make on your behalf, and that in the case of any communication failures Finpago and other entities that provide information and services related to or in connection with the FSAok service are not responsible to you or any third-party for any costs and damages arising out of or in connection with any such incorrect, delayed and/or misdirected communications.

You agree that you shall only represent your true legal identity when accessing or using FSAok-related services and FSAok Information. By accessing any FSAok Information or the FSAok service, you certify that you are a member of the FSAok program (a “Member”) representing yourself or that you are an agent of a Member for whom you have a valid and legal authorization to use this website and FSAok Information either for the benefit of such Member, and that you have the legal ability to enter into these FSAok Terms and Conditions on your behalf or on such Member’s behalf. You also agree to NOT attempt to access the personal information of a third party without a valid and legal authorization or consent from such third party to do so. You shall not access this website or the FSAok service in violation of any applicable privacy or other law or regulation; and you shall not violate the rights, privacy of another person or entity in connection with your use of this website.

Other use limitations: You agree to use the FSAok service, website and FSAok Information, only for purposes that are authorized by Finpago, and that are legal and consistent with these FSAok Terms and Conditions and all applicable laws, rules and regulations. You shall not develop, assist in the development of or use systems or tools that automate unauthorized unattended access or other access to this website that is not by a single user accessing an account to which he or she has legal right and authorization to access. You shall not modify or attempt to modify any content on the website in a manner that is not consistent with the intended use of the website.

Passwords and your FSAok account. Your FSAok username and password (collectively, the “Password”) will allow you to access the FSAok website and certain FSAok Information about you. Your Password is the exclusive property and confidential information of Finpago and may be used solely for your individual use of and access to this website and FSAok services. You are solely responsible for controlling your Passwords and for authorizing, monitoring and controlling access to your FSAok account. You may not distribute, provide or otherwise make available your Password to any third party except for an agent legally authorized by you to act on your behalf, you are responsible for all activities that occur under your Password and neither Finpago nor any other entity that provides information in connection with the FSAok service shall be liable to you for the use or misuse of your Password, whether or not authorized by you. You agree to notify Finpago immediately of any unauthorized use of your Password or of any need to deactivate the Password(s) associated with your FSAok account.

FINPAGO IS NOT RESPONSIBLE FOR YOUR DECISIONS

Finpago, its information providers, suppliers, licensees, sublicenses, and subcontractors ("Finpago and Vendors") are not responsible for any results of your decisions in connection with the use of FSAok Information in this site, including without limitation your decision to seek, or not, professional medical care or any specific treatment, or tax or other financial advice, and your decision to use or not use a health spending account for any or all expenses. You must confirm FSAok Information prior to its use and not rely on its accuracy as a replacement for your own record keeping. Reliance on any FSAok information is solely your responsibility, and you use it at your own risk.

PRIVACY

The FSAok Privacy Policy, incorporated here by reference, describes the type of information Finpago collects from you when you visit at this site and how Finpago uses that information. You can review the FSAok Privacy Policy before you accept these FSAok Terms and Conditions by clicking on the “Privacy Statement” link at the bottom of the home page and many other pages of this website.

AUTHORIZATION AND LICENSE

You hereby grant Finpago and providers of FSAok Information the right to transmit, retrieve, store and use and disclose your personal information in connection with (a) shopping, payment, reimbursement, healthcare and pharmacy claims and health spending account administration by you or on your behalf, (b) healthcare product and service purchases you made or made on your behalf or on the behalf of a dependent or family member, and (c) operation of the FSAok service as defined in these FSAok Terms and Conditions.

LIMITED POWER OF ATTORNEY

YOU HEREBY APPOINT FINPAGO, INC. AS YOUR ATTORNEY-IN-FACT TO REPRESENT YOU TO PROVIDERS OF INFORMATION, PRODUCTS AND SERVICES RELATED TO YOU REGARDING SHOPPING, PAYMENTS, HEALTHCARE CLAIMS, EMPLOYEE BENEFITS CLAIMS, YOUR EMPLOYMENT, FINANCIAL ACCOUNTS, HEALTHCARE SPENDING ACCOUNTS, HEALTHCARE PRODUCTS AND SERVICES AND THIRD-PARTY EMPLOYMENT BENEFITS ADMINISTRATION, AND ANY AND ALL OF THEIR REPRESENTATIVES AND AGENTS ONLY FOR THE FOLLOWING LIMITED PURPOSES. You authorize Finpago to represent you as your attorney-in-fact including without limitation the authorization to execute your signature on documents and communicate with third parties on your behalf in order to: (1) submit reimbursement claims and funds transfer requests (with all related information) that you direct us to submit and only to entities to which you have instructed us to submit such claims and requests on your behalf; (2) request and receive information that we will use to provide you with FSAok related services in accordance with these FSAok Terms and Conditions, such information to include as it relates to you and your dependents for whom you have legal authority to represent, healthcare, prescription, and other products and services provided, third-party healthcare claims, amounts payable by you to providers of healthcare products and services, health insurance and third party payer account and member information, financial transaction information related to purchases and expenditures and your healthcare spending account, transaction and reimbursement preferences, employment information, verification of bankcard, frequent shopper card, and other account information that you register and that is used in connection with any such account that you register; and (3) represent to providers of such information their right (and as appropriate their obligation) to provide such information to us on your behalf.

LINKS AND ENDORSEMENTS

Finpago is not responsible for the content of any site that may be linked to from www.FSAok.com. Finpago does not endorse, approve or guarantee any third party product or service that may be referenced on www.FSAok.com.

TRADEMARKS AND COPYRIGHTS

This site and all its contents are the property of Finpago, Inc. and its affiliates and licensors, and are protected from unauthorized copying and distribution. FSAok is a trademark of Finpago, Inc. All other logos or product names are trademarks of their respective owners. You may not reproduce, perform, create derivative works from, reverse engineer, republish, upload, post, transmit, or distribute in any way whatsoever any materials from www.FSAok.com or any other website owned or operated by Finpago, Inc. without Finpago’s prior written consent. However, you may download or make a copy of any and all your personal purchase, healthcare and financial records that may be delivered for personal, non-commercial home use only, provided all copyright and other notices contained in the materials are left intact. Any modification of the materials or any portion thereof or use of the materials for any other purpose constitutes an infringement of Finpago’s copyrights and other proprietary rights. Use of these materials on any other website or other computer acting as a server of any such information or derivative information is prohibited without the prior written consent of Finpago.

DISCLAIMERS AND INDEMNITY

By using the site you agree to indemnify and hold harmless Finpago, Inc., its officers, directors, employees, successors, agents, and affiliates for any and all claims, damages, losses, and causes of action (including attorney’s fees and court costs) arising out of or relating to your breach or alleged breach of these FSAok Terms and Conditions (including without limitation, claims made by third parties for infringement of intellectual property rights) or for any content that is provided by you or through you the use or misuse of your Password, regardless of whether or not you authorized such use or misuse. You agree to cooperate as fully as reasonably required in Finpago’s defense and/or settlement of any claim. Finpago reserves the right to assume that exclusive control over the defense and settlement of any matter subject to indemnification by you. The information contained in this site is for general guidance on topics selected by Finpago. Such information is provided without any knowledge of your industry, identity or specific circumstances. There may be delays, omissions or inaccuracies in information contained in this site. The information provided on this site is given with the understanding that Finpago and various providers, authors and publishers providing or otherwise contributing to the presentation of such information does not constitute the rendering of legal, accounting, tax, career or other professional advice or services. As such, information on this site should not be relied upon or used as a substitute for consultation with qualified professional advisors. THE MATERIALS ON THIS SITE ARE PROVIDED ON AN “AS-IS” BASIS WITHOUT EXPRESS OR IMPLIED WARRANTIES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. FINPAGO MAKES NO WARRANTY AS TO THE QUALITY, ACCURACY, COMPLETENESS, AND VALIDITY OF ANY MATERIALS ON THE SITE AND DOES NOT WARRANT THAT THE FUNCTIONALITY CONTAINED ON THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER COMPUTER(S) THAT MAKE IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. Where applicable law does not allow the exclusion of implied warranties, the foregoing exclusions may not apply to you.

EXCLUSION OF DAMAGES

NEITHER FINPAGO, NOR ANY PROVIDER OF FSAOK INFORMATION (AS THE SAME IS DEFINED ABOVE) FOR, NOR THEIR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS, OR AFFILIATES ARE RESPONSIBLE OR LIABLE FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR OTHER INDIRECT DAMAGES OR FOR LOSS OF PROFITS, LOSS OF DATA OR LOSS OF USE DAMAGES, THAT RESULT FROM ANY ERROR OR OMISSION RELATING TO THE FSAOK INFORMATION,THE USE OF, OR THE INABILITY TO USE, THIS SITE OR THE INFORMATION CONTAINED ON THIS WEB SITE, EVEN IF FINPAGO OR ANY PROVIDER OF FSAOK INFORMATION HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

LIMITATION OF LIABILITY

IN NO EVENT SHALL FINPAGO’S TOTAL LIABILITY TO YOU FROM ALL DAMAGES, LOSSES, AND CAUSES OF ACTION RESULTING FROM YOUR USE OF THIS SITE OR PARTICIPATION IN THE FSAOK SERVICE, WHETHER IN CONTRACT, TORT, (INCLUDING, BUT NOT LIMITED TO NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, EXCEED THE GREATER OF (A) THE MAXIMUM AMOUNT OF FEES CHARGED TO YOU FOR THE FSAOK SERVICE, OR (B) ONE DOLLAR PER MONTH FOR EACH CALENDAR MONTH DURING WHICH YOU VISITED AND LOGGED INTO THE FSAok WEBSITE TO USE THE FSAok SERVICE.

JURISDICTION

Finpago operates the Site from its offices and server sites within the United States. Finpago makes no representation that information on this Site is appropriate or available for use outside the United States. Those who choose to access this Site from outside the United States do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. By using this site, you agree to bring any claims These FSAok Terms and Conditions shall be governed and construed in accordance with the laws of the State of New York without regard to the choice of law provisions of any jurisdiction You agree that any legal action or proceeding between you and Finpago in any way related to these FSAok Terms and Conditions shall be brought exclusively in a court of a competent jurisdiction sitting in Philadelphia, Pennsylvania.

NOTICES

You agree to receive electronically via this website and email to any of your email addresses registered for the FSAok service notices from Finpago including without limitation notices relating to or required by state or federal privacy laws, notices relating to claims or other communications to or from your health account administrator, any and all financial and health information pertinent to, or required in connection with the operation of, your FSAok account. By agreeing with these FSAok Terms and Conditions, you are acknowledging receipt of all privacy notices linked to this site and agree that they are integral to receiving services in connection with FSAok and this website.

MISCELLANEOUS

Any cause of action or claim you may have against or involving Finpago must be commenced within one year after the claim or cause of action arises. Failure to enforce or insist on strict performance of any provision of these FSAok Terms and Conditions shall not be construed as a waiver of any provision or right. Finpago may without notice to you assign its rights and duties under these FSAok Terms and Conditions to any party at any time. Neither the trade practice nor the course of conduct between you and Finpago shall modify any provisions of these FSAok Terms and Conditions. The invalidity or unenforceability of any provision shall not in any way affect the validity or enforceability of the remainder of these FSAok Terms and Conditions. These FSAok Terms and Conditions constitutes the entire agreement between you and Finpago, and it supersedes all prior agreements, representations, proposals and other communications with respect to Finpago, any or all of the FSAok service, this website and FSAok Information.

COMMENTS, COMPLAINTS AND QUESTIONS

We welcome your feedback and questions about the Site and the FSAok Service. However, any comments, ideas, notes, messages, questions, suggestions or other communications sent to us or shared with us shall be and remain the exclusive property of Finpago, and we may use all such communications in any manner, including reproducing, disclosing and publishing such communications, all without notice or compensation to you. Should you have any questions or complaints regarding these terms and conditions, please contact us.