Terms and

Terms & Conditions

End User License Agreement


These Terms of Use are a legal document governing your use of the software and internet portion of the services HMC is providing, including content, updates and new releases (the “Services”). If you do not agree to these terms, then do not use the Services.
1) LICENSE GRANT AND RESTRICTIONS.
  1. The Services are protected by copyright, trade secret, patent and other intellectual property laws. You are only granted the right to use the Services by HMC and its licensors (collectively “Licensor”) and HMC reserves all rights in the Services not expressly granted to you. As long as you comply with these Terms of Use, HMC, directly or in accordance with one or more licenses which it holds, grants to you a personal, limited, nonexclusive, nontransferable sublicense to use the Services that is valid only for the period of use provided in your agreement with HMC. In addition, your right to use the Services is only for the purposes described by your agreement with HMC and these Terms of Use.

  2. You agree not to use the Services or Content (as defined below) in a manner that violates any applicable law, regulation, your agreement with HMC or these Terms of Use. For example, (and not as an exhaustive list of examples) and unless authorized by HMC in writing, you agree you will not:

    • Provide access to or give any part of the Services to any third party.
    • Modify, disrupt or interfere with the Services, supporting servers, or networks either manually or through the use of scripts, viruses, or worms.
    • Reproduce, duplicate, copy, deconstruct, sell, trade or resell the Services.
    • Attempt to access any other Licensor systems that are not part of these Services.
    • Excessively overload the Licensor systems used to provide the Services.

  3. If you violate any of these terms, your right to use the Services automatically terminates.
2) CONTENT.
  1. You are responsible for all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials ("Content") uploaded, posted or stored through your use of the Services. You grant Licensor a worldwide, royalty-free, non-exclusive license to host and use the Content in order to provide you with the Services. You agree not use the Services for any illegal purpose or in violation of any applicable local, state, federal or international law. You are encouraged to archive your Content regularly and frequently. You are responsible for any Content that may be lost or unrecoverable through your use of the Services. You must provide all required and appropriate warnings, information and disclosure. You agree that you will not use the Services to share, store, or in any way distribute personal data that is not in accordance with the law. Any users suspected of having information which may be proscribed by law may have their accounts terminated, their data sequestered, and they also may be reported to law enforcement officials in the appropriate jurisdictions. Other than as described herein, Licensor is under no obligation to ratify or approve the type or quality of the Content or other data you submit on the website.

  2. You agree not to use the Services to upload, post, distribute, link to, publish, reproduce, engage in or transmit any of the following, including but not limited to:

    • Illegal, fraudulent, libelous, defamatory, obscene, pornographic, profane, threatening, abusive, hateful, harassing, offensive, inappropriate or objectionable information or communications of any kind, 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;
    • Content or data that would impersonate someone else or falsely represent your identity or qualifications, or that constitutes a breach of any individual’s privacy, including posting images about children or any third party without their consent (or a parent's consent in the case of a minor);
    • Except as otherwise expressly permitted by HMC, advertisements, solicitations, investment opportunities, chain letters, pyramid schemes, other unsolicited commercial communication or engage in spamming or flooding;
    • Virus, trojan horse, worm or other disruptive or harmful software or data; and
    • Any information, software or Content which is not legally yours and may be protected by copyright or other proprietary right, or derivative works, without permission from the copyright owner or intellectual property rights owner.

  3. Forums.

    • The Services may include a forum to post or exchange information with other users of the Services. Please use respect when you interact with other users. Licensor does not support and is not responsible for the accuracy of others Content in these forums. Do not reveal information in the forum that you do not want to make public. Exercise your judgment in evaluating and acting on (or ignoring) Content posted in forums. Remember, due to the anonymous nature of the Internet, other users may not be who they say they are, know what they say they know or be affiliated with whom they say they are affiliated.
    • Licensor may freely use feedback you provide. You agree that Licensor may use your feedback, suggestions, or ideas in any way, including in future modifications of the Services, other products or services, advertising or marketing materials. You grant Licensor a perpetual, worldwide, fully transferable, sublicensable, non-revocable, fully paid-up, royalty free license to use the feedback you provide to Licensor in any way.
    • Licensor may, but has no obligation to, monitor Content provided by users in any community services. We, and our licensors, may disclose the limited amount of information necessary or appropriate to satisfy applicable legal obligations, protect Licensor or its customers, or operate the Services properly. Licensor, in its sole discretion, may refuse to post, remove, or refuse to remove, any Content, in whole or in part, alleged to be unacceptable, undesirable, inappropriate or in violation of these Terms of Use.
3) ADDITIONAL ITEMS YOU AGREE TO.
  1. Licensor does not give professional advice. Licensor is not in the business of providing legal, financial, accounting, health care, insurance, benefit, retirement, or other professional services or advice. Consult the services of a competent professional when you need this type of assistance.

  2. Communications choices. Licensor may be required to send you communications concerning your transactions related to the Services. You agree that Licensor may send these communications to you via email or by posting them on one of our sponsored websites.

  3. You will track your passwords and accept updates to the Services. You are responsible for securely managing your password(s) for access to the Services. If you become aware of any unauthorized access to your Services account, theft or loss of your password, you agree to contact HMC as soon as possible.

  4. The Services may periodically be updated with tools, utilities, improvements, third party applications or general updates to improve and enhance the features and performance of the Services. You agree to receive these updates automatically as part of the Services.

  5. Licensor shall be not be liable for any default or delay in the performance of its obligations under these Terms of Use to the extent its performance is delayed or prevented due to causes beyond its reasonable control, such as acts of God, natural disasters, terrorist acts, war or other hostilities, labor disputes, civil disturbances, the actions or omissions of third parties, electrical or communication system failures, or governmental action.
4) DISCLAIMER OF WARRANTIES.
  • LICENSOR WILL NOT AUDIT OR OTHERWISE VERIFY ANY INFORMATION YOU PROVIDE AND IS NOT RESPONSIBLE FOR ANY INSURANCE COVERAGE OR CHANGES THERETO, OR ANY BENEFITS THEREUNDER, OR ANY CLAIMS, PAID OR DENIED, OR ANY PENALTIES OR INTEREST RELATED THERETO. THE USE OF THE SOFTWARE SERVICES AND CONTENT IS ENTIRELY AT YOUR OWN RISK, AND EXCEPT AS DESCRIBED IN THESE TERMS OF USE, THE SERVICES ARE PROVIDED "AS IS." TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, LICENSOR, AND ITS THIRD PARTY SERVICE OR DATA PROVIDERS, LICENSORS, DISTRIBUTORS OR SUPPLIERS (COLLECTIVELY REFERRED TO AS, "SUPPLIERS") DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY THAT THE SERVICES ARE FIT FOR A PARTICULAR PURPOSE, TITLE, MERCHANTABILITY, NON-INTERFERENCE WITH OR NON-INFRINGEMENT OF ANY INTELLECTUAL PROPERTY RIGHTS, OR THE ACCURACY, RELIABILITY, QUALITY OR CONTENT IN OR LINKED TO THE SOFTWARE SERVICES. LICENSOR DOES NOT WARRANT THAT YOUR USE OF THE SOFTWARE SERVICES WILL SATISFY OR ENSURE COMPLIANCE WITH ANY LEGAL OBLIGATIONS OR LAWS OR REGULATIONS. THIS DISCLAIMER APPLIES TO, BUT IS NOT LIMITED TO THE HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT OF 1996 ("HIPAA"), THE GRAMM-LEACH-BLILEY ACT OF 1999, THE SARBANES-OXLEY ACT OF 2002, OR OTHER FEDERAL OR STATE STATUTES OR REGULATIONS. YOU ARE SOLELY RESPONSIBLE FOR ENSURING THAT YOUR USE OF THE SERVICES IS IN ACCORDANCE WITH APPLICABLE LAW. LICENSOR SPECIFICALLY DISCLAIMS AND DENIES THAT LICENSOR IS ANY MANNER ACTING AS, OR AGREES TO WARRANT ANY COMPLIANCE WITH EMPLOYEE RETIREMENT INCOME SECURITY ACT OF 1974 OR OTHERWISE THAT LICENSOR IS A FIDUCIARY, TRUSTEE, ‘ADMINISTRATOR’ OR ‘NAMED FIDUCIARY’ UNDER ANY CLIENT OR CLIENT ADMINISTERED, AUTHORIZED USER EMPLOYEE BENEFIT PLAN.
5) LIMITATION OF LIABILITY AND INDEMNITY.
  • TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE ENTIRE LIABILITY OF LICENSOR AND ANY OTHER SUPPLIER OF THESE SERVICES TO YOU FOR ALL MATTERS OR CLAIMS RELATING TO THESE TERMS OF USE SHALL BE LIMITED TO THE AMOUNT YOU PAID TO LICENSOR FOR THE SERVICES DURING THE TWELVE (12) MONTHS PRIOR TO SUCH CLAIM. SUBJECT TO APPLICABLE LAW, LICENSOR IS NOT LIABLE FOR ANY OF THE FOLLOWING:
  1. INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES;
  2. DAMAGES RELATING TO FAILURES OF TELECOMMUNICATIONS, THE INTERNET, ELECTRONIC COMMUNICATIONS, CORRUPTION, SECURITY, LOSS OR THEFT OF DATA, VIRUSES, SPYWARE, LOSS OF BUSINESS, REVENUE, PROFITS OR INVESTMENT, OR USE OF SOFTWARE OR HARDWARE THAT DOES NOT MEET LICENSOR SYSTEMS REQUIREMENTS.
  • THE ABOVE LIMITATIONS APPLY EVEN IF LICENSOR AND ITS SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
6) INDEMNITY.
  • You agree to indemnify and hold Licensor and suppliers harmless from any and all claims, liability and expenses, including reasonable attorneys' fees and costs, arising out of your use of the Services or your breach of these Terms of Use (collectively, "Claims"). Licensor reserves the right, in its sole discretion and at its own expense, to assume the exclusive defense and control of any Claims. You agree to reasonably cooperate as requested by Licensor in the defense of any Claims.
7) CHANGES TO THESE TERMS OF USE OR THE SERVICES.
  • Licensor may change these Terms of Use from time to time to reflect changes in the way the Services are provided or received, and the changes will be effective when posted on Licensor’s website for the Services or when Licensor notifies you by other means. Please review these Terms of Use periodically on this website for changes. Licensor has the right to change any of the terms of these Terms of Use upon reasonable notice to you. Your continued use of the Services after posting or notifying you of any changes indicates your agreement to the changes.
8) TERMINATION.
  • Licensor may immediately and without notice terminate these Terms of Use or suspend the Services provided to you if you fail to comply with these terms or if you no longer agree to receive electronic communications. Upon termination you must immediately stop using the Services. Any termination of these Terms of Use shall not affect Licensor’s rights to any payments due to it. Licensor may terminate a free account at any time. Other requirements regarding termination or cancellation of the Services may apply based on the specific terms for the Services provided to you by Licensor or other Third Parties.
9) EXPORT RESTRICTIONS.
  • You acknowledge that HMC’s website, the Services and the underlying software and websites may include U.S. technical data subject to restrictions under export control laws and regulations administered by the United States government. You agree that you will comply with these laws and regulations and will not export or re-export the Services, or any part of the Services, in violation of these laws and regulations, directly or indirectly.
10) HELP AND SUPPORT.
  • Licensor may use a variety of methods (e.g., in-product, Internet, e-mail, chat, fax and phone) to provide technical support and customer service in connection with the Services. The terms and conditions governing the offering of this support, are subject to change as announced by Licensor from time to time.
11) USER ID AND PASSWORD SECURITY.
  • You are the only person authorized to use your user ID and password and for maintaining the confidentiality of your user ID and password. You shall not permit or allow other persons to have access to or use your user ID and password, except if you choose to provide that information to Licensor's authorized technical support personnel to assist you. You are responsible for the use of the Services under your user ID.
12) PRIVACY OF PERSONAL INFORMATION.
  1. Licensor does not retain your personal information except as necessary to provide services to you, or to service your benefits with your applicable broker, insurer or employer as necessary, as permitted by law. Licensor may collect your personal information, solely to pass it along to the appropriate insurer, broker or employer as necessary. We do not otherwise collect your personal information except that which your benefit provider asks you to provide to us.

  2. You are responsible for protecting the information on your computer such as by installing anti-virus software, updating your software, password protecting your files, and not permitting third party physical or electronic access to your computer.
13) MISCELLANEOUS.
  1. These Terms of Use are the entire agreement between you and Licensor and replace all prior understandings, communications and agreements, oral or written, regarding its subject matter. These Terms of Use set forth the entire liability of Licensor, its corporate affiliates and your exclusive remedy with respect to the Services and its use. If any court of law, having the jurisdiction, rules that any part of these Terms of Use are invalid, that section will be removed without affecting the remainder of the Terms of Use. The remaining terms will be valid and enforceable. The United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms of Use.

  2. Florida state law governs these Terms of Use without regard to its conflicts of laws provisions. To resolve any legal dispute arising from these Terms of Use, you and Licensor agree to the exclusive jurisdiction of state courts in Palm Beach County, Florida, U.S.A. or federal court for the Southern District of Florida.

  3. Any translation of these Terms of Use is done for local requirements and in the event of a dispute between the English and any non-English version, the English version of the Terms of Use shall govern. The parties hereby confirm that they have requested that the Terms of Use and all related documents be drafted in English.

  4. You cannot assign or transfer ownership of these Terms of Use to anyone without the prior written approval of Licensor. However, Licensor may assign or transfer it without your consent to (a) a parent company or Licensor direct or indirect subsidiary, (b) another company through a sale of assets by Licensor or (c) a successor by merger. Any assignment in violation of this Section shall be void. If you want to request a transfer of these Terms of Use or if your company is acquired by or merged into another company, contact Licensor.

Terms of Use (HMC rev 01/2011)