AGREEMENT BETWEEN USER AND WCP Premium Portal

The WCP Premium Portal Web Site is comprised of various Web pages operated by WCP Premium Portal.

The WCP Premium Portal Web Site is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of the WCP Premium Portal Web Site constitutes your agreement to all such terms, conditions, and notices.

MODIFICATION OF THESE TERMS OF USE

WCP Premium Portal reserves the right to change the terms, conditions, and notices under which the WCP Premium Portal Web Site is offered, including but not limited to the charges associated with the use of the WCP Premium Portal Web Site.

LINKS TO THIRD PARTY SITES

The WCP Premium Portal Web Site may contain links to other Web Sites ("Linked Sites"). The Linked Sites are not under the control of WCP Premium Portal and WCP Premium Portal is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. WCP Premium Portal is not responsible for webcasting or any other form of transmission received from any Linked Site. WCP Premium Portal is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by WCP Premium Portal of the site or any association with its operators.

NO UNLAWFUL OR PROHIBITED USE

As a condition of your use of the WCP Premium Portal Web Site, you warrant to WCP Premium Portal that you will not use the WCP Premium Portal Web Site for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the WCP Premium Portal Web Site in any manner which could damage, disable, overburden, or impair the WCP Premium Portal Web Site or interfere with any other party's use and enjoyment of the WCP Premium Portal Web Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the WCP Premium Portal Web Sites.

USE OF COMMUNICATION SERVICES

The WCP Premium Portal Web Site may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, "Communication Services"), you agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:

Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information.
Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents.
Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer.
Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages.
Conduct or forward surveys, contests, pyramid schemes or chain letters.
Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner.
Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
Restrict or inhibit any other user from using and enjoying the Communication Services.
Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.
Harvest or otherwise collect information about others, including e-mail addresses, without their consent.
Violate any applicable laws or regulations.

WCP Premium Portal has no obligation to monitor the Communication Services. However, WCP Premium Portal reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. WCP Premium Portal reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.

WCP Premium Portal reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in WCP Premium Portal's sole discretion.

Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. WCP Premium Portal does not control or endorse the content, messages or information found in any Communication Service and, therefore, WCP Premium Portal specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized WCP Premium Portal spokespersons, and their views do not necessarily reflect those of WCP Premium Portal.

Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you download the materials.

MATERIALS PROVIDED TO WCP Premium Portal OR POSTED AT ANY WCP Premium Portal WEB SITE

WCP Premium Portal does not claim ownership of the materials you provide to WCP Premium Portal (including feedback and suggestions) or post, upload, input or submit to any WCP Premium Portal Web Site or its associated services (collectively "Submissions"). However, by posting, uploading, inputting, providing or submitting your Submission you are granting WCP Premium Portal, its affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.

No compensation will be paid with respect to the use of your Submission, as provided herein. WCP Premium Portal is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in WCP Premium Portal's sole discretion.

By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.

LIABILITY DISCLAIMER

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE WCP Premium Portal WEB SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. WCP Premium Portal AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE WCP Premium Portal WEB SITE AT ANY TIME. ADVICE RECEIVED VIA THE WCP Premium Portal WEB SITE SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.

WCP Premium Portal AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE WCP Premium Portal WEB SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. WCP Premium Portal AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WCP Premium Portal AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE WCP Premium Portal WEB SITE, WITH THE DELAY OR INABILITY TO USE THE WCP Premium Portal WEB SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE WCP Premium Portal WEB SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE WCP Premium Portal WEB SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF WCP Premium Portal OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE WCP Premium Portal WEB SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE WCP Premium Portal WEB SITE.

SERVICE CONTACT : customerservice@nuesynergy.com

TERMINATION/ACCESS RESTRICTION

WCP Premium Portal reserves the right, in its sole discretion, to terminate your access to the WCP Premium Portal Web Site and the related services or any portion thereof at any time, without notice. GENERAL To the maximum extent permitted by law, this agreement is governed by the laws of the State of Kansas, U.S.A. and you hereby consent to the exclusive jurisdiction and venue of courts in Johbnson County, Kansas, U.S.A. in all disputes arising out of or relating to the use of the WCP Premium Portal Web Site. Use of the WCP Premium Portal Web Site is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and WCP Premium Portal as a result of this agreement or use of the WCP Premium Portal Web Site. WCP Premium Portal's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of WCP Premium Portal's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the WCP Premium Portal Web Site or information provided to or gathered by WCP Premium Portal with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and WCP Premium Portal with respect to the WCP Premium Portal Web Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and WCP Premium Portal with respect to the WCP Premium Portal Web Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent an d subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be drawn up in English.

Direct Deposit

By providing all of the required direct deposit information and clicking SAVE, I, the PARTICIPANT, am directing the State Employee Health Plan (SEHP)/NueSynergy to deposit my reimbursements to my designated checking or savings account. I also authorize NueSynergy to draw drafts on my account or to initiate debit entries to my account, solely for the purposes of adjusting an error resulting from a deposit or credit entry that has been made under this Authorization in an amount that is not correct.

Should SEHP/NueSynergy be unable to stop from posting an entry with respect to which I, the PARTICIPANT, has requested cancellation or amendment or should the SEHP/NueSynergy be unable to withdraw the entry from the ACH Origination System, I, the PARTICIPANT, may initiate a reversal to correct the entry, as provided by the ACH Rules. Where I, the PARTICIPANT, initiate a reversal for an individual entry, I, the PARTICIPANT, must notify the SEHP/NueSynergy of the entry no later than the settlement date of the reversing entry. Reversals do not guarantee that the funds will be returned and SEHP/NueSynergy shall not have liability if such reversal is not effected. I, the PARTICIPANT, shall reimburse SEHP/NueSynergy for any expense, losses, or damages SEHP/NueSynergy may incur in effecting or attempting to affect the reversal of an entry.

PASSWORD SECURITY AND NOTIFICATION

If you have a password for access to non-public areas of the WCP Premium Portal Web Site, you are solely responsible for maintaining the confidentiality of any username, password, and other security data, methods, and devices. Further, you are responsible for all activities that occur in connection with your access credentials or password, including all instructions electronically transmitted via the WCP Premium Portal Web Site and all use of any data, information, or services obtained using your access credentials or password and other security data. Neither NueSynergy nor the WCP Premium Portal Web Site shall be under any duty to inquire as to the authority or propriety of any instructions given to NueSynergy or the WCP Premium Portal Web Site by you or by a person who has logged on using your access credentials or password, and they shall be entitled to act upon any such instructions, and will not be liable for any loss, cost, expense, or other liability arising out of any such instructions. Accordingly, you should take steps to protect the confidentiality of your access credentials or password.

Do not share your access credentials or passwords for the WCP Premium Portal Web Site with any other persons.

As an authorized user of non-public areas of the WCP Premium Portal Web Site, you accept full responsibility for the monitoring of your account including frequently checking your account information, reviewing your transaction history online, and promptly reviewing any correspondence, account statements, and confirmations received from NueSynergy or the WCP Premium Portal Web Site. Notify us immediately if you become aware of any unauthorized activity, disclosure, loss, theft, or unauthorized use of your password. You agree to cooperate with us in any investigation and agree to take corrective measures to protect your account from further fraudulent activity.

SECURITY OF ELECTRONIC COMMUNICATIONS

Electronic (including wired and wireless) communications to or from the WCP Premium Portal Web Site may not be encrypted. You acknowledge that there is no guarantee that data, including e-mail, electronic and wireless communications, and personal data, will not be accessed by unauthorized third parties when communicated between you and the WCP Premium Portal Web Site or between you and other parties.

COPYRIGHT AND TRADEMARK NOTICES:

All contents of the WCP Premium Portal Web Site are: Copyright 2017 NueSynergy and/or its suppliers. All rights reserved.

TRADEMARKS

The names of actual companies and products mentioned herein may be the trademarks of their respective owners.

The example companies, organizations, products, people and events depicted herein are fictitious. No association with any real company, organization, product, person, or event is intended or should be inferred.

Any rights not expressly granted herein are reserved.

NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT

Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement under United States copyright law should be sent to Service Provider's Designated Agent. ALL INQUIRIES NOT RELEVANT TO THE FOLLOWING PROCEDURE WILL RECEIVE NO RESPONSE. See Notice and Procedure for Making Claims of Copyright Infringement

Terms of Use