Please read the following terms and conditions of use ("Terms and Conditions"), which constitute a license that governs your use of this Web Site (the "Site") and any transactions that you engage in through this Site. By accessing, viewing, or using this Site, you acknowledge that you have read, understand and accept these Terms and Conditions and agree to be legally bound by them. If you do not agree to be bound by these Terms and Conditions, you are not granted permission to use the Site and should exit immediately.
1. Use of Site
This website is provided solely for the use of current and future customers of The Action Benefits Company to provide you with (1) information about our company and our industry and (2) information about your business with Blue Cross Blue Shield of Michigan and Blue Care Network, and to enable you to contact us with any questions or comments that you may have. Any other use of this site is prohibited. By way of example, you should not use any features of this site that permit communications or postings to post, transmit, display, or otherwise communicate (i) any defamatory, threatening, obscene, harassing, or otherwise unlawful information; (ii) any advertisement, solicitation, spam, chain letter, or other similar type of information; (iii) any encouragement of illegal activity; (iv) unauthorized use or disclosure of private, personally identifiable information of others; or (v) any materials subject to trademark, copyright, or other laws protecting any materials or data of others in the absence of a valid license or other right to do so.
2. Proprietary Rights
All information contained in this Site (“Material”) is the property of Action Benefits and is protected by copyrights, trademarks, trade secrets or other proprietary rights. Permission is granted to display, copy, distribute, download, and print portions of this Site solely for the purposes of using this Site for the authorized uses described above. Except as indicated, Action Benefits is the owner of the copyright in the entire content (including images, text and look and feel attributes) of www.ActionBenefits.com and reserves all rights in that regard. Removing or altering the copyright notice on any material on the Site is prohibited. Action Benefits also owns a copyright in this Site as a collective work and/or compilation, and in the selection, coordination, arrangement, organization and enhancement of Site content. Any commercial use of Site content is prohibited without the prior written consent of Action Benefits. Except as indicated, Action Benefits owns all trademarks, service marks or other logos featured on the Site. Use or misuse of these trademarks, service mark or logos is expressly prohibited
3. Communications With Our Web Site
Action Benefits welcomes your feedback and suggestions about how to improve our products and services and this Site. By transmitting any suggestions, information, material, or other content (collectively, "Content") to Action Benefits, you automatically grant Action Benefits the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, redistribute, transmit, perform and display such Content (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed for the full term of any rights that may exist in such content. Further, Action Benefits is free to use any ideas, concepts, know-how, techniques, and suggestions contained in any communications you send to this Site for any purpose whatever, including but not limited to creating and marketing products and/or services using such information. Action Benefits is not responsible and shall not be liable for the contents of Content posted to the Site by visitors or persons other than Action Benefits employees. Opinions or comments contained in Content reflect the views of the author and not of Action Benefits unless Action Benefits expressly states to the contrary.
4. No Solicitation or Offer
This Site is designed to provide general information about Action Benefits, its products and services, and its affiliate companies. Information on the Site is not intended to constitute an offer to sell or a solicitation of any particular product or service.
5. No Medical Services or Advice
Nothing contained, expressed or implied in the Site is intended as nor shall be construed as medical advice. No doctor-patient relationship is established between Action Benefits and you by reason of your use of this Site or under any circumstances whatsoever.
6. No Legal Advice
Nothing contained, expressed, or implied in this Site is intended as, nor shall be construed or understood as, legal advice, guidance, or interpretation. No attorney-client relationship is established between Action Benefits and you by reason of your use of this Site or under any circumstances whatever. The information in this Site is for general informational purposes only. If you have questions about any law, statute, regulation, or requirement expressly or implicitly referenced in this Site, you should contact your own legal counsel.
7. Confidentiality Cannot be Guaranteed
Please be advised that the confidentiality of any communication or material transmitted to Action Benefits via www.Action Benefits.com or Internet electronic mail cannot be guaranteed, including personal information such as your address or social security number. To ensure private and personalized attention, you may also contact Action Benefits by telephone at 248-356-8585, or write us at Action Benefits, 26533 Evergreen Rd., Suite 400, Southfield, Michigan 48076. Attention, Confidentiality Team.
8. Privacy Statement
Action Benefits has a Privacy Statement disclosing what information we collect about visitors, how we use such information, the steps we take to secure such information, how you can view and correct such information, and how you can decline to have information about you collected or used. Click here to view the Privacy Statement, which is incorporated by reference as if set forth fully herein.
9. Securities Information
This Site and the information contained herein does not constitute an offer or a solicitation of an offer for the purchase or sale of any securities. The Site contains information and press releases about Action Benefits, and although this information was believed to be accurate as of the date prepared, Action Benefits disclaims any duty or obligation to update such information. To the extent that any information is deemed to be a "forward looking statement" as defined in the rules and regulations of the Securities Act of 1933, as amended, such information is intended to fit within the "safe harbor" for forward looking information and is subject to material risk factors which may or may not be disclosed herein.
10. Disclaimer of Warranty
You expressly agree that use of this website is at your sole risk. Neither Action Benefits, its affiliates, nor any of their officers, directors, employees, agents, third-party content providers, or licensors (collectively, “Providers”), or the like, warrant that this Site will be uninterrupted or error-free; nor do they make any warranty as to the results that may be obtained from the use of this Site, or as to the accuracy, completeness, reliability, security, or currency of the Materials. The Materials may contain errors, omissions, inaccuracies, or outdated information. Further, Action Benefits does not warrant reliability of any statement or other information displayed or distributed through the Site. Action Benefits reserves the right, in its sole discretion, to correct any errors or omissions in any portion of the site. Action Benefits may make any other changes to this Site, the Materials and the products, programs, services, or prices (if any) described in this Site at any time without notice. THIS SITE AND THE INFORMATION, CONTENT, AND MATERIALS ON THIS SITE ARE PROVIDED ON AN “AS IS,”“WHERE IS,” AND “WHERE AVAILABLE” BASIS. ACTION BENEFITS MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE, THE CONTENT, INFORMATION, OR THE MATERIALS ON THIS SITE. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, ACTION BENEFITS EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND, WITH RESPECT TO ANY OF THE MATERIALS, CONTENT, OR INFORMATION ON THIS SITE OR ANY GOODS OR OTHER PRODUCTS OR SERVICES OFFERED, SOLD, OR DISPLAYED ON THIS SITE OR YOUR USE OF THIS SITE GENERALLY, INCLUDING WARRANTIES OF MERCHANTABILITY, ACCURACY OF INFORMATION, QUALITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
11. Limitation of Liabilities
YOU AGREE THAT ACTION BENEFITS AND ITS PROVIDERS SHALL NOT BE LIABLE FOR ANY DAMAGE, LOSS, OR EXPENSE OF ANY KIND ARISING OUT OF OR RESULTING FROM YOUR POSSESSION OR USE OF THE MATERIALS, CONTENT, OR INFORMATION ON THIS SITE REGARDLESS OF WHETHER SUCH LIABILITY IS BASED IN TORT, CONTRACT, OR OTHERWISE. IN NO EVENT, INCLUDING, WITHOUT LIMITATION, A NEGLIGENT ACT, SHALL ACTION BENEFITS OR ANY OF ITS PROVIDERS BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, LOSS OR CORRUPTION OF DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR INTERRUPTION OF BUSINESS), ARISING OUT OF OR IN ANY WAY RELATED TO THE MATERIALS, CONTENT, OR INFORMATION ON THIS SITE OR ANY OTHER PRODUCTS, SERVICES, OR INFORMATION OFFERED, SOLD, OR DISPLAYED ON THIS SITE, YOUR USE OF, OR INABILITY TO USE, THIS SITE GENERALLY, OR OTHERWISE IN CONNECTION WITH THESE TERMS AND CONDITIONS, REGARDLESS OF WHETHER ACTION BENEFITS OR ANY OF ITS PROVIDERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
You agree to defend, indemnify, and hold harmless Action Benefits, its affiliates, agents, employees and licensors, and all of their respective directors, officers, employees, representatives, proprietors, partners, shareholders, servants, principals, agents, predecessors, successors, assigns, and attorneys from and against any and all claims, proceedings, damages, injuries, liabilities, losses, costs, and expenses (including attorney's fees and litigation expenses) relating to or arising from your use of the Site, violation of these Terms and Conditions, violation of any law or regulation, or violation of any proprietary or privacy right.
13. Links to Other Web Sites
As a convenience to you, we may provide on this Site links to websites operated by other entities (collectively the “Linked Sites”). If you use any Linked Sites, you will leave this Site. If you decide to visit any Linked Site, you do so at your own risk and it is your responsibility to take all protective measures to guard against viruses or other destructive elements. Linked Sites, regardless of the linking form (e.g., hotlinks, hypertext links, IMG links) are not maintained, controlled, or otherwise governed by Action Benefits. The content, accuracy, opinions expressed, and other links provided by Linked Sites are not investigated, verified, monitored, or endorsed by Action Benefits. Action Benefits does not endorse, make any representations regarding, or warrant any information, goods, and/or services appearing and/or offered on any Linked Site, other than linked information authored by Action Benefits. Links do not imply that Action Benefits or this Site sponsors, endorses, is affiliated or associated with, or 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 Action Benefits or any of its affiliates or subsidiaries. Except for links to information authored by Action Benefits, Action Benefits is neither responsible for nor will it be liable under any theory based on (i) any Linked Site; (ii) any information and/or content found on any Linked Site; or (iii) any site(s) linked to or from any Linked Site. If you decide to visit any Linked Sites and/or transact any business on them, you do so at your own risk. Action Benefits reserves the right to discontinue any Linked Site at any time without prior notice. Please contact the webmasters of any Linked Sites concerning any information, goods, and/or services appearing on them.
14. Governing Law and Jurisdiction
These Terms and Conditions will be governed by and construed in accordance with the laws of the State of Michigan, without reference to its choice of law rules. By accessing, viewing, or using the material on the Site, you consent to the jurisdiction of the federal and state courts presiding in Southfield, Michigan, and agree to accept service of process by mail and hereby waive any and all jurisdictional and venue defenses otherwise available. This Site is controlled and operated by Action Benefits from its offices within the United States. Action Benefits makes no representation that materials in the Site are appropriate or available for use in other locations, and access to them from territories where their contents are illegal is prohibited. Those who choose to access this Site from other locations will be responsible for compliance with applicable local laws.
15. Entire Agreement and Modifications
These Terms and Conditions constitute the entire agreement between Action Benefits and you with respect to this Site, and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and Action Benefits with respect to this Site. A printed version of these Terms and Conditions and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based on or relating to these Terms and Conditions to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. If for any reason a court of competent jurisdiction finds any provision of these Terms and Conditions or portion thereof to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to affect the intent of these Terms and Conditions, and the remainder of these Terms and Conditions shall continue in full force and effect. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. Action Benefits may revise these Terms and Conditions at any time and you agree to be bound by the revised Terms and Conditions. Any such modifications will become effective on the date they are first posted to this Site. It is your responsibility to return to these Terms and Conditions from time to time to review the most current form of terms and conditions. Action Benefits does not and will not assume any obligation to notify you of changes to Terms and Conditions.