ASSENT TO TERMS

Empower Benefits Inc. dba Corestream, assigns, affiliates, members, officers, contractors, and authorized agents and representatives acting as such (collectively “Corestream” or “we” or “us” or “our”), provide this Service (as defined below) to you subject to the following terms of service (these “TERMS”), all of which you hereby acknowledge, agree to and consent to by continuing to use this Service. These TERMS, including the Privacy Policy referenced below, may be amended from time to time without notice to you. By continuing to use the Service subsequent to Corestream publishing an amended version of these TERMS, you thereby acknowledge, agree and consent to such amendment. You represent that you are of legal age to make a binding contract and are not a person barred from receiving services under the laws of the United States and/or other applicable jurisdiction.

When using the Service, you shall be subject to any additional rules, which may be posted from time to time by Corestream. Such rules are hereby incorporated by reference into these TERMS. Corestream may also offer other services that are governed by different terms of service.

 

SERVICE DESCRIPTION

The users of the Service include employees and retirees of business entities with which Corestream has contracted; members, alumni, and retirees of associations or other organizations with which Corestream has contracted; and family members and possibly close acquaintances of such users. Corestream provides each user with convenient means (a) for receiving information on insurance and other benefits, programs, memberships and discounts available to the user, and (b) for designating those in which the user wishes to enroll, select or participate, periodic payments for which, in many instances, will be directly remitted to the designated providers on the user’s behalf by the business entity or association with which Corestream has contracted, in connection with a payroll deduction program or other mechanism (the “Service”). Corestream also provides users with closely related programs, services, tools and information, which are also part of the Service. The Service may also allow users to provide input on one or more of the providers and services available to them, in the form (for example) of comments, recommendations and ratings. The Service may include email communications from Corestream.

 

PRIVACY POLICY

Information (as defined below) and certain other data, including but not limited to your IP address and related technical information (“Data”), is subject to our “Privacy Policy,” which is hereby incorporated into these TERMS by reference and may be reviewed by clicking here. By using the Service you agree to and consent to the collection and use (as set forth in the Privacy Policy) of Information and Data by Corestream.

 

REGISTRATION AND PASSWORD

In order to access and utilize the Service, you must be eligible to do so, and you must complete the Service’s registration process, following which you will possess a unique username. The registration process requires you to provide accurate, current and complete information about yourself (included within the term “Information”) as prompted by the Service’s registration forms. You are fully responsible for maintaining the confidentiality of the password and for all activities that occur under your password. You must immediately notify Corestream of any unauthorized use of your password or any other possible or apparent breach of security, and you must ensure that you properly exit from the Service at the end of each session.

 

THE CONTENT YOU SUBMIT

You understand that you personally are solely responsible for all information, data or content of any kind, which is posted on, accompanies, inheres in, is made available by, or is transmitted by you to or through the Service (“Content”), including Content of which you may be unaware. By using the Service, you may be exposed to Content, as well as material posted, made available or transmitted to or through the Service by others, that you personally find offensive or objectionable. Please remember that Corestream has no involvement in, and has no responsibility for, Content supplied by others, such as the posted comments of users or the graphics and text found in advertisements. All Content is included within the term “Information.”

 

YOUR CONDUCT

You must not use the Service to:

Violate any applicable law;
Post, make available or transmit any Content that is unlawful (including Content that infringes any intellectual property right, such as rights under the federal Patent Act and Copyright Act), confidential, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, invasive of another’s privacy, or otherwise objectionable;
Misrepresent your identity;
Post, make available or transmit any Content that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
Post, make available or transmit any Content containing unsolicited or unauthorized advertising, promotional materials, spam, junk mail, or any other type of uninvited solicitation;
Act in a manner that negatively affects other users’ ability to use the Service;
Harass or stalk anyone;
Collect or store personal data about any person; and/or
Reproduce (other than as necessary to lawfully access the Service), adapt, distribute, display or perform any portion of the Service or Content or material residing on the Service at the direction of Corestream or a user other than yourself, in whole or in part.
Any interaction you have with advertisers found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. Corestream is not responsible or liable for any loss or damage of any sort incurred as the result of any such interactions or as the result of the presence of such advertisers on the Service.

 

OUR CONDUCT

Corestream will not edit written Content provided by you. It does however have the right (but not the obligation) in its sole discretion to review, reject, or remove any and all Content at any time for any or no reason whatsoever. We are not liable or responsible to you or anyone else for doing so, or for that matter for not doing so.

Corestream may access, preserve and disclose your account information and Content if, among other things, it is required to do so by law or if it is acting with a good faith belief that such access, preservation or disclosure is reasonably necessary to: (1) comply with legal process; (2) enforce any of the TERMS; (3) respond to claims that any Content violates the rights of third parties; (4) respond to your requests for customer service; or (5) protect the rights, property or personal safety of Corestream, its users, or the public. We are not liable or responsible to you or anyone else for such conduct.

Corestream reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. We are not liable to you or to anyone else for any such modification, suspension or discontinuance of the Service.

Corestream may at its sole discretion, under any circumstances, for any reason or no reason and without prior notice to you, immediately terminate your access to the Service. We are not liable to you or anyone else for having done so.

The Service may include links to other Internet sites and resources, including but not limited to the sites of providers of benefits, programs, discounts and services available to users. We have no control over such sites and resources, are not responsible for the availability of such sites and resources, and do not endorse and are not responsible for the content and conduct of such sites and resources.

 

MISCELLANEOUS

These Terms (including the Privacy Policy referenced herein) constitute the entire agreement between you and us and govern your use of the Service. These TERMS supersede and entirely replace any prior agreements between you and us with respect to the Service.

These TERMS are fully assignable by us and will be binding upon and inure to the benefit of our successors and assigns.

There are no third-party beneficiaries to this Agreement.

These TERMS and the relationship between you and us shall be governed by the laws of the State of Florida (where Corestream maintains its principal place of business), as an agreement wholly performed therein, without regard to conflict of laws principles.

The failure of Corestream to exercise or enforce any right or provision of these TERMS shall not constitute a waiver of such right or provision, which we may subsequently so exercise or enforce.

Corestream may provide you with notices, including those regarding changes to these TERMS, by any reasonable means now known or hereinafter devised, including but not limited to email, snail mail, text message, or postings on the Service.

Should any provision of these TERMS by found to be unlawful, such provision shall be deemed to have been severed from these TERMS, and every other provision shall remain in full force and effect.

All pronouns and any variations thereof shall be deemed to refer to the masculine, feminine, neutral, singular, or plural as the identity of the person or persons may require.

 

ARBITRATION; WAIVER OF JURY TRIAL; LIMITATION ON PUNITIVE DAMAGES

Any cause of action, claim, suit or demand by any user of the Service, allegedly arising from or in any way related to these TERMS, the Privacy Policy referenced herein, the services provided by Corestream, the content of Corestream’s website, and/or the alleged violation by Corestream of any statutory, constitutional, regulatory, or common law right allegedly owed by Corestream to the user, shall be resolved by binding, confidential arbitration in a State chosen by user in which Corestream is subject to personal jurisdiction, before an arbitral body possessing at least ten consecutive years of experience in providing and performing arbitral services, except that the American Arbitration Association may not be designated as such arbitral entity. Any and all questions as to whether or not an issue constitutes a dispute or other matter arbitrable under this provision shall themselves be settled by arbitration in accordance with this provision. The arbitrator shall have the discretion to permit discovery, upon a showing of good cause, but such discovery shall be limited to requests for the production of documents and up to five depositions per side, each of which is not to exceed two days. The arbitral body may not impose upon the parties, without their prior express written consent, any rules characterized as rules for complex cases; if the arbitral body purports to do so, its role will automatically terminate and the party initiating the arbitration shall select another arbitral body. Any arbitration award shall be final, binding, and conclusive upon the parties and their privies, and a judgment rendered thereon may be entered in any court having jurisdiction thereof. The parties knowingly waive any and all rights to trial by jury or any issue in any arbitration between them pursuant to this provision. In an arbitration initiated under this provision, no party may seek, will be entitled to, or may recover punitive damages more than three (3) times the amount of compensatory damages that are proven and awarded, no matter how small or large the amount of such compensatory damages. All parties consent to the imposition and issuance by the arbitrator of equitable orders and remedies (such as temporary restraining orders, preliminary and permanent injunctions, and restitutionary awards), and agree to abide by and comply with such orders.