Agreement to Terms of Use

These Terms of Use (“Terms of Use”) apply to the website of Plansight, Inc. (“Plansight”) located at www.plansight.com, as well as any other related websites of Plansight (collectively, the “Website”).

 

BY USING THE WEBSITE, YOU AGREE TO THESE TERMS OF USE. IF YOU DO NOT AGREE, DO NOT USE THE WEBSITE. Please read these Terms of Use carefully. Plansight reserves the right to update and make changes to these Terms of Use at any time, in its sole discretion. Such changes are effective immediately upon being posted to the Website, unless otherwise specified by Plansight. It is your responsibility to refer back to this page from time to time for any such updates or changes.

 

Subject to your compliance with these Terms of Use, Plansight grants you a limited, personal, non-exclusive, non-transferable and revocable right and license to access and use the Website and its contents. The Website provides information and certain services related to Plansight’s software and its services.

 

Privacy

The Website describes and supports Plansight’s Employee Benefits RFP to Employer Presentation software for insurance carriers, insurance brokers and employers. Plansight collects and processes personal data in connection with operating the Website and its business. Please refer to Plansight’s Privacy Policy, which informs users of our policies and practices related to collection, storage, processing, destruction, and other use of your personal data. You understand and agree that no data transmissions over the internet can be guaranteed to be 100% secure and that Plansight cannot ensure or warrant the security of any information transmitted to or from us.

 

Restrictions on Use of Website and Plansight Materials

As a condition of your use of the Website, you warrant to Plansight that you will not use the Website or its contents, including text, product and service descriptions, articles, videos, software, graphics, logos and images (“Plansight Materials”) for any purpose that is unlawful, competes with Plansight, or is prohibited by these Terms of Use. Without limiting this warranty, you specifically agree:

  • You will not use the Website in any manner which could damage, disable, overburden, or impair the Website or interfere with anyone else’s use and enjoyment of the Website.
  • You will not obtain or attempt to obtain any materials or information on or through the Website through circumventing any access or use restrictions or by any other unauthorized methods, such as hacking or password mining.
  • You may not use any bots, spiders, page-scraping or other automated or manual processes or methods to copy or monitor this Website or any of its contents.
  • Any data, information or materials that you upload or post on the Website or otherwise send to Plansight (“User Content”) will not contain any libelous or unlawful material or any materials or instructions that may cause harm or injury, and will not violate any person’s right of privacy or any copyright, trademark, or other intellectual property rights.
  • You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any other way use or exploit any of the content of the Website or other Plansight Materials other than for their authorized purposes. You will use Plansight Materials solely for your own internal business use, unless you’ve obtained the express written permission of Plansight and the copyright owner (if the materials are owned by a third party).
  • You will not delete or alter any proprietary rights or attribution notices in any content or Plansight Materials obtained through the Website.
  • You agree that you do not acquire any ownership rights in any content posted by Plansight, its licensors, or other third parties, or in any Plansight Materials. We do not grant you any licenses, express or implied, to any Website content or Plansight Materials except as expressly provided in these Terms of Use, in connection with such content or materials, or as contained in a binding contract between you and Plansight.

 

Indemnification

You will indemnify Plansight and our subsidiaries, affiliates, officers, agents, employees, partners, and licensors from any claim, demand, loss, or damage, including reasonable attorneys’ fees, arising out of or related to your User Content, your improper use of the Website or Plansight Materials, or your violation of these Terms of Use.

 

Suspension or Termination of Account or Website Access

Plansight reserves the right, in its sole discretion, to suspend or terminate your account or your access to the Website, to terminate or delete any content (including your User Content) or Plansight Materials, and/or to cease providing any related services at any time, without notice and without any liability to you, for any reasonable cause, including without limitation your breach of these Terms of Use, requests by law enforcement or other government agencies, discontinuance or modification of the Website, or technical problems.

 

Third-Party Linked Sites and Services

Certain services made available through the Website are delivered by third-party websites that the Website links to (“Linked Sites”), such as social media, credit card processing, and seminar registration. The Linked Sites are not operated or controlled by Plansight, and Plansight is not responsible for any of the contents of any Linked Sites, including any additional links contained in a Linked Site, or for any products or services provided by such third parties. Plansight is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Plansight of the site or any association with the owners or operators of the Linked Site.

 

Your personal data and information may be shared with the third parties who provide services to Plansight and our customers, including Linked Sites (for example, credit card processors), where permitted by law and subject to your consent if required by law or by the Privacy Policy. Please see the Privacy Policy for additional details.

 

Ownership

All Plansight Materials are the property of Plansight or its suppliers or licensors. All Plansight Materials are protected by copyright and/or other laws that protect intellectual property and proprietary rights. You agree to comply with all copyright and other proprietary notices, legends or other restrictions applicable to any Plansight Materials.

 

Your personal data and any data, information or materials you upload or post on the Website (“User Content”) remains your property, subject to the rights of use contained in these Terms of Use and the Privacy Policy. If you provide any suggestions, ideas or feedback to Plansight (“Feedback”), Plansight shall have a royalty-free, worldwide, irrevocable, perpetual license to use such Feedback and incorporate it into Plansight’s software, products and services.

 

Disclaimer of Warranties

EXCEPT AS OTHERWISE EXPRESSLY AGREED BETWEEN YOU AND PLANSIGHT IN A LICENSE AGREEMENT OR OTHER CONTRACT, THE WEBSITE, ITS CONTENTS, AND ALL PLANSIGHT MATERIALS AND SERVICES ARE PROVIDED “AS IS,” WITHOUT ANY WARRANTIES AND WITH ALL FAULTS, AND PLANSIGHT AND ITS LICENSORS DISCLAIM ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, TITLE, NON-INFRINGEMENT OR FITNESS FOR ANY PARTICULAR PURPOSE OR USE, WHETHER ARISING BY LAW, BY REASON OF CUSTOM OR USAGE OF TRADE, OR BY COURSE OF DEALING. PLANSIGHT DOES NOT WARRANT THAT THE WEBSITE, PLANSIGHT MATERIALS OR ITS SERVICES ARE ERROR-FREE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY PLANSIGHT OR ITS REPRESENTATIVES SHALL CREATE ANY WARRANTIES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.

 

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AND EXCEPT AS OTHERWISE SPECIFIED IN A WRITTEN AGREEMENT SIGNED BY PLANSIGHT, IN NO EVENT SHALL PLANSIGHT OR ITS LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OR LIABILITIES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE WEBSITE OR YOUR USE THEREOF, INCLUDING FAILURE OR INADEQUACY OF OR INABILITY TO USE THE WEBSITE OR PLANSIGHT MATERIALS OR SERVICES, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF PLANSIGHT HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE WEBSITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE WEBSITE.

 

Some jurisdictions do not allow the limitation of liability for personal injury, or of incidental or consequential damages, so some of these disclaimers or limitations may not apply to you.

 

Takedown Notices

We respect the intellectual property rights of others and we expect our users to do the same. If you believe any materials or content on the Website are infringing, please notify us as specified in the “Plansight Contact Information” section below. We will respond to such notices, consistent with the Digital Millennium Copyright Act and other applicable laws.

 

International Users

The Website is controlled, operated and administered by Plansight from our offices within the USA. If you access the Website from a location outside the USA, you are responsible for compliance with all local laws.

 

General Terms

These Terms of Use are governed by the laws of the State of Utah. You consent to the exclusive jurisdiction and venue of courts in Utah in all disputes arising out of or relating to the use of the Website. Use of the Website is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms of Use, including without limitation this section.

 

Plansight’s provision of the Website and its other products and services is subject to existing laws and legal process, and nothing contained in these Terms of Use limits Plansight’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Website or your User Content.

 

If any provision of these Terms of Use is held by a court or other authority to be invalid or unenforceable, such provision shall modified to the minimum extent necessary or replaced with a valid provision that best embodies the intent of these Terms of Use, or if it cannot be so modified, then severed, and the rest of these Terms of Use shall remain in full force and effect.

 

Unless otherwise specified herein, these Terms of Use constitute the entire agreement between you and Plansight with respect to the Website. Except for the Privacy Policy and any binding contract between you and Plansight, these Terms of Use supersede all other prior or contemporaneous communications and understandings, whether electronic, oral or written, between you and Plansight with respect to the Website.

 

Plansight’s failure to enforce or exercise any provision of these Terms of Use is not a waiver of that provision. Any course of conduct between you and Plansight will not be deemed to modify any provision of these Terms of Use. Except as otherwise provided herein, these Terms of Use may be modified or amended only by a separate written agreement signed by an authorized official of Plansight.

 

Plansight Contact Information

You may send us notices, questions or comments regarding these Terms of Use at the following:

 

Plansight, Inc.

2500 Executive Way, Suite 140

Lehi, UT 84043

Email: support@plansight.com

 

Effective as of March 21, 2023