Terms & Conditions

TERMS AND CONDITIONS GOVERNING USE OF THIS WEB SITE

This web site hosts the deferral administration system (“DSystem”) developed by M Benefit Solutions (“M Benefit Solutions”). DSystem is the on line source of information and means by which you may make elections for your benefit plan account(s) and/or insurance plan provided through your employer (“Your Benefits”).

Your use of DSystem is subject to and governed by your agreement to the following terms and conditions (“Terms and Conditions”), as amended from time to time. Before using DSystem for the first time (or for the first time after an amendment to these Terms and Conditions), you must read these Terms and Conditions (or amendment(s)) and record your agreement by placing your cursor on the “Accept” button at the end of these Terms and Conditions and clicking with the mouse, which will create a binding agreement incorporating all of these Terms and Conditions. Do not use the “Accept” button unless you have read, understood and agree to all of these Terms and Conditions (or amendment(s)). If you do not agree with all of these Terms and Conditions, you will not be able to use DSystem, but Your Benefitsotherwise will not be adversely impacted, and you may obtain information about and make elections for Your Benefits by mail as directed by your employer.

Use of DSystem

You may use DSystem at your convenience, twenty-four hours a day, seven days a week. All you need is your assigned Username and Password.

Regardless whether you agree with all of these Terms and Conditions, your employer and its designee(s) may use DSystem to obtain information about Your Benefitsand elections you make for Your Benefits.

DSystem is provided as a convenience to you and is not an official record of Your Benefits. The written statements that you receive on a periodic basis remain the official record of Your Benefits. Data in DSystem are updated from time to time, generally at least monthly, but may not be current. M Benefit Solutions reserves the right to adjust, update and correct data in DSystem in its sole discretion.

M Benefit Solutions reserves the right to suspend or terminate DSystem or your use of DSystem as it deems appropriate in its sole discretion.

Your Responsibilities

You agree not to disclose Your Username or Password to any other person without M Benefit Solutions’ prior written consent. You agree to use your best efforts to prevent disclosure to any other person of Your Username and Password.

You authorize and direct M Benefit Solutions to execute any election made for Your Benefits through DSystem by use of Your Username and Password unless you previously notified M Benefit Solutions, in the manner specified below, of loss, theft or unauthorized use of Your Username and/or Password.

You agree that you are responsible for all activity authorized through DSystem by use of Your Username and Password, and that neither M Benefit Solutions nor your employer shall be liable or responsible for any unauthorized use of Your Username or Password, unless you have given prior notice to M Benefit Solutions , as specified below, of loss, theft or unauthorized use of Your Username or Password.

You must notify M Benefit Solutions immediately by telephone (503) 238-1813 and facsimile (503) 238-1815 or e-mail info@mben.com if you become aware of any of the following:

  1. Loss, theft or unauthorized use of Your Username or Password;
  2. You receive confirmation of activity in Your Account that you did not authorize; or
  3. Inaccurate information about Your Benefits in DSystem or in any written statement regarding Your Benefits.

In addition to describing the error or occurrence in as much detail as practicable, your notice must include (1) your name, Your Username and Password, and (2) the name of your employer.

You must follow DSystem’s instructions for making elections for Your Benefits.

M Benefit Solutions’ Responsibilities

M Benefit Solutions is responsible for reasonably promptly executing elections for Your Benefits made through DSystem using Your Username and Password, provided you follow DSystem’s instructions and properly enter and transmit the required information. Elections shall be conclusively presumed to have been executed “reasonably promptly” if executed within two business days after the day on which received by M Benefit Solutions, without prejudice to M Benefit Solutions  showing that later execution was reasonably prompt under all the circumstances.

M Benefit Solutions also is responsible for sending you by mail or other means of its choosing periodic statements regarding Your Benefits.

No Advice from M Benefit Solutions

M Benefit Solutions will not give legal, tax, accounting or investment advice to you or your employer, and nothing in DSystem shall be considered as such advice by either M Benefit Solutions or your employer. Accordingly, you should consult advisors of your own choice, as you deem appropriate, for such advice prior to making any decision based upon the information you obtain from in DSystem. Without limitation, as you deem appropriate, you are responsible for selecting and consulting with attorneys, accountants and financial or other advisors with respect to legal, tax or accounting issues and with respect to investment decisions (including whether a particular investment strategy is suitable).

Any hypothetical investment performance data contained in DSystem are included for illustrative purposes only and are not guaranteed. Similarly, any historical data presented in DSystem are for informational purposes only and are not intended to suggest or predict future performance. Further, nothing in DSystem (including, without limitation, the availability of investment reports) constitutes a recommendation by M Benefit Solutions or your employer to buy or sell any securities. You, together with advisors of your own choice, are responsible for making all investment decisions based solely upon your evaluation of your objectives and financial condition.

No Offer or Sale of Securities

Nothing in DSystem constitutes or shall be interpreted as an offer to sell securities, or the solicitation of an offer to buy securities. For more information about any of the mutual funds or other securities that are described in DSystem, please contact M Benefit Solutions at 1125 NW Couch Street, Suite 900 Portland OR 97209, or by phone at (503) 238-1813, for a free prospectus regarding the underlying mutual fund (actual or notional) or other security. Associates of M Benefit Solutions are registered representatives of M Holdings Securities, Inc., which is a broker-dealer and a member of the National Association of Securities Dealers and the Securities Investor Protection Corporation.

Limitation of Liability and Indemnification by Plan Participants

M Benefit Solutions shall not be liable for any damage or loss resulting from your use of either DSystem or data, information or other contents of DSystem unless such damage or loss results directly and solely from breach of a duty that M Benefit Solutions owes to you. M Benefit Solutions shall have no duty to you in connection with your use of either DSystem or data, information or other contents of DSystem other than as specified above under the heading “M Benefit Solutions’ Responsibilities.”Thus, for example, M Benefit Solutions shall not be liable for any damage or loss resulting from (a) viruses or contaminants that may enter your computer as a result of your use of DSystem; (b) your inability to use DSystem during any period in which DSystem or your use of DSystem is suspended or terminated; (c) unauthorized elections made by using Your Username and/or Password; (d) breach of DSystem’ security program (Plan participants who reside outside the United States are advised that foreign-based Internet security programs may be less reliable than those based in the United States); (e) any inaccuracy in the information in DSystem given to M Benefit Solutions by your employer or any third party; or (f) factors beyond M Benefit Solutions reasonable control (including, but not limited to, computer failure, telecommunications failure, labor unrest or strike, riots or civil disturbance and natural disaster). In no event shall M Benefit Solutions be liable for any indirect, consequential or punitive damages.

You agree to indemnify M Benefit Solutions  against all damages, losses, costs and expenses (including, without limitation, reasonable attorneys’ fees) that it may incur as a result of your violation of these Terms and Conditions.

Business Days and Hours of Operation

M Benefit Solutions’ business days are Monday through Friday, excluding company holidays. If you need assistance, please contact M Benefit Solutions as directed in the “Welcome” page of this web site.

DSystem will be available for use twenty-four hours a day, seven days each week, except during periods when it or your use of DSystem is suspended or terminated (for example, due to system malfunction or maintenance), but elections will be executed only on business days and will not necessarily be executed on the day the election is made.

Ownership and Use of Information in DSystem

The presentation of DSystem and information contained therein is subject to copyright protection. You are prohibited from copying, modifying, distributing or otherwise disclosing any of the images, text or other information contained in DSystem other than as specifically authorized in these Terms and Conditions without M Benefit Solutions’ prior written consent.

M Benefit Solutions  hereby consents to your display, download or printing on your computer one copy of any of the information contained in DSystem solely for your personal, noncommercial use in connection with Your Account, and you may share that information with your personal advisers.

No Warranties

DSystem and all information contained in DSystem are provided without warranties of any kind, either express or implied, including, without limitation, warranties of merchantability or fitness for a particular purpose. Without limiting the generality of the preceding sentence, M Benefit Solutions does not warrant that (i) your use ofDSystem will be error free or uninterrupted; (ii) any particular investment results will be achieved through the use of DSystem; or (iii) the information contained inDSystem will be accurate or complete in all respects.

Governing Law, Injunctive Relief and Arbitration

These Terms and Conditions shall be governed by, and interpreted in accordance with, the laws of the State of Oregon without giving effect to conflict-of-law principles.

You agree that M Benefit Solutions may bring an action for injunctive relief in any court having jurisdiction over such an action; for that purpose, you submit to the non-exclusive jurisdiction of any state or federal court in the County of Multnomah, State of Oregon.

Any other dispute, controversy or claim involving you and M Benefit Solutions arising out of, relating to or in connection with these Terms and Conditions or use ofDSystem shall be submitted to arbitration conducted in Portland, Oregon and administered by the American Arbitration Association in accordance with it then existing Commercial Arbitration Rules. The arbitration shall be conducted by one arbitrator with particular knowledge or expertise with respect to non-qualified benefit plans, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. In respect of any action to enforce such an award, you submit to the non-exclusive jurisdiction of any state or federal court in the County of Multnomah, State of Oregon.

Assignment

You consent to the transfer, sale or assignment by M Benefit Solutions to any other person, company or entity of DSystem, or M Benefit Solutions rights and responsibilities under these Terms and Conditions or in connection with DSystem, without further notice to you.

You shall not transfer, sell or assign to any other person, company or entity Your Benefits, any interest therein or any rights or responsibilities under these Terms and Conditions or in connection with DSystemwithout giving prior written notice to M Benefit Solutions.

Entire Agreement

These Terms and Conditions constitute the entire agreement between you and M Benefit Solutions regarding DSystem and supersede any and all prior oral and written understandings, communications and agreements regarding DSystem. These Terms and Conditions may not be waived, modified or changed by any means other than posting on this web site.