Terms of Use

Nonstop Administration and Insurance Services, Inc. Employee Portal Terms of Use

These Terms of Use (“TOU”) provide the terms under which Nonstop Administration and Insurance Services, Inc. (“Company,” “Nonstop”, “We,”, “Us” or “Our”) provides products and services to you (“You” or “Your”) via a secured website that may only be accessed by You if you have the proper credentials to do so (collectively, the “Portal”):

• Use of the Company’s Intellectual Property as provided via the Portal including restrictions and guidelines for proper use and access to the Portal,
• Our Digital Millennium Copyright Act compliance and agent, and
• Other General Terms.

We may modify the terms of this TOU without prior notice. However, we will make reasonable efforts to notify you of these changes by posting a notice on the Portal or sending you an email or regular mail. Your continued use of the Portal implies your acceptance of the current version of this TOU. If you do not agree with any of the terms, please stop using or accessing the Portal.

We reserve the right to change the terms of This Policy at any time without notice. We will make reasonable efforts to inform You of those changes by posting a notice on the Company Information Site or by sending You notice by email or regular mail. By using the Company Information Site You are agreeing to be bound by the then current version of this Policy. If You do not agree with any of these terms, You should cease all use and/or access to the Company Information Site.

TERMS & CONDITIONS OF USE

By using the Portal, You: (a) agree to this TOU; and (b) represent that: (i) You are 18 years of age or older or are using the Portal with the content of an adult or guardian, and that (ii) if You are agreeing to this TOU on behalf of another person or any legal entity, that You are duly authorized to do so. Access and use of the Portal is at all times subject to the two-factor authentication requirements outlined in the PORTAL PRIVACY STATEMENT (link).

1. Your Right of Access. We hereby grant You the non-exclusive, non-transferable, royalty-free right and license to access and use the Portal in any manner expressly permitted under this TOU and reasonably necessary to receive the benefits of such use. Your employer is under any separate direct agreement with Us (generally a “Letter of Agreement” or “LOA”), Your use of this Portal is subject to the terms and conditions of such LOA including its term and termination of Services. To the extent there is a conflict between this TOU and the terms and conditions of the LOA, the terms of the LOA shall prevail.
2. Our Rights to Use Portal Data, By using the Portal, You consent to the terms of the Portal Privacy Statement which applies to any information, including information provided by You or a third party such as Your employer. This includes PHI as defined in the Privacy Statement. The Company is authorized to use this information to provide Services you request through the Portal, comply with legal requirements, and, following appropriate de-identification procedures, for research, development and provision of Company products and services.
3. What the Portal Does and Does Not Provide. We use the Portal to provide products and services to meet Your needs. Your needs evolve constantly in response to many factors, including medical science, healthcare information technology, public health and healthcare policy, and the regulatory environment. Accordingly, We may begin, alter, suspend, and terminate Our offering of the content, features or functions on or through the Portal in any manner consistent with Our contractual obligations, at any time, with no notice to You. We Do Not Provide Professional Advice. Nothing appearing on the Portal is medical, legal, accounting, tax, compliance, or other professional advice.
4. Third Party Resources. The Portal may include links to third-party websites or services to provide you with additional resources. However, We want to clarify that just because We provide a link does not mean it is necessarily helpful or approved by Company, unless we state otherwise. We do carefully select the sites we link to, but we cannot guarantee anything about them or take responsibility for the information or services they provide. If you choose to visit an external site, we will notify you that you are leaving the Portal.
5. Use of the Portal. Your rights to access and use the Portal granted above are contingent upon Your compliance with each of the following:
   1. You agree to use the Portal at all times solely as permitted under the then-current TOU for the Portal;
   2. If You send Us any information, ideas, suggestions, or other communications to Us relating to the Portal or its functionality, those communications will not be confidential. Moreover, unless We tell You otherwise, We reserve the right to reproduce, use, disclose, and distribute such communications without any obligation to You.
   3. You agree to use the Portal solely for Your personal use and use by your employees or sponsored users (if applicable). You agree not to access or use the Portal for any other purpose or for any unlawful or illegal purpose. You agree not to use the Portal in any manner that could damage, disable, overburden, or impair any Company server, or the network connected to any Company server, or interfere with any other party’s use or enjoyment of the Portal.
   4. You agree not to defeat or evade any security or access control device or procedure used on or associated with the Portal; o You agree not to sell, lease, traffic in, sublicense, or otherwise transfer to any person or entity, Your rights to access or use the Portal granted hereunder;
   5. You agree not to access or use the Portal using any automated, recursive or robotic means; additionally, in the Company’s sole judgment, access or use in any other manner that interferes with the operation of the Portal or burdens the Company’s ability to provide the Portal to You or others is prohibited. Furthermore, without limiting the generality of the earlier statement, You are responsible at all times for managing your password and any provided authentication code that You receive from Us in connection with your access to the Portal. As these measures were adopted for the security and safety of Your Personal Information, any subsequent access to such information caused by your failure to comply with these measures will place your Personal Information at risk in spite of our best efforts.
   6. You may not frame the content of the Portal, nor may you incorporate the Portal within your site. You may not link to the Portal or any of the individual web pages contained therein without prior written permission from Us. Requests to link to the Portal should be sent
      to info@nonstophealth.com
   7. By using the Portal, you agree that Company is the sole owner of the intellectual property incorporated in it. Therefore, you cannot reverse engineer, disassemble, decompile, download, copy, reproduce, prepare derivative works of, distribute, publish, perform or display any functionality, code, content, or other resource used by Company to provide you with the Portal. You also cannot access any Information Resource made available to you on or through the Portal unless otherwise permitted by current agreements executed by the Company or by the terms of this TOU.
   8. Company hereby grants You a non-exclusive, non-transferable right and license to use and update your account and contact information as provided to the Portal and to upload any billing or other information relating to reimbursement or benefits administration, solely and exclusively for Your purposes, provided that: (a) You are otherwise in compliance with this TOU and any License Agreement You have entered into with Us; and (b) any such copy You make is exclusively for record keeping and reimbursement purposes only.
   9. You understand and agree that any use or attempted use of the Portal in violation of this TOU may, without prejudice to any other claims, rights, or remedies Company may have, result in the termination of Your rights to use the Portal.
6. Customers and Other Contract Partners. This TOU does not modify any agreement between You and Company. If You have entered into one or more agreements with Us that are in effect when You use the Portal, including without limitation, agreements that authorize You to use any Company product to administer benefits on behalf of a corporation, You acknowledge and agree that Your use of the Portal for such purposes is also governed by those agreements as well as by this TOU.
7. Disclaimers. EXCEPT AS AND TO THE EXTENT THAT ANY EXECUTED AGREEMENT(S) WITH YOU AND US, IF ANY, MAY OTHERWISE EXPRESSLY PROVIDE, THE PORTAL IS PROVIDED TO YOU “AS IS” AND “AS AVAILABLE.” EXCEPT AS AND TO THE EXTENT THAT OUR EXECUTED AGREEMENT(S) WITH YOU, IF ANY, MAY OTHERWISE EXPRESSLY PROVIDE, THE COMPANY DOES NOT WARRANT THAT THE PORTAL WILL PERFORM AS YOU EXPECT OR WITHOUT INTERRUPTION, THAT IT WILL MEET YOUR NEEDS, BE SECURE, THAT THE CONTENT POSTED ON TO THE SITE WILL BE CURRENT, ACCURATE, OR FREE FROM ERRORS, VIRUSES, OTHER MALICIOUS OR HARMFUL CODE, OR OTHER DEFECTS, THAT YOUR USE OF THE PORTAL WILL NOT RESULT IN THE LOSS OF, OR DAMAGE TO, YOUR INFORMATION, THAT INFORMATION YOU POST TO THE PORTAL CAN OR WILL BE DISPLAYED ACCURATELY, COMPLETELY OR AT ALL, OR THAT THE PORTAL WILL NOT ALTER OR DAMAGE YOUR SYSTEM. COMPANY HEREBY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES RELATED TO THE PORTAL, ANY FUNCTIONALITY, CONTENT OR OTHER INFORMATION MADE AVAILABLE.
8. Limitation of Liability. EXCEPT AS AND TO THE EXTENT THAT COMPANY’S EXECUTED AGREEMENT(S) WITH YOU, IF ANY, MAY OTHERWISE EXPRESSLY PROVIDE, IN NO EVENT SHALL COMPANY OR ANY OF COMPANY’S OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AGENTS, SUPPLIERS OR REPRESENTATIVES BE LIABLE TO YOU OR TO ANY OF YOUR AFFILIATED PRACTICES FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, PUNITIVE, OR OTHER DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF GOODWILL, LOST PROFITS, LOST DATA OR LOST OPPORTUNITIES, IN ANY WAY RELATING TO THIS TOU OR RESULTING FROM ANY USE OF, OR INABILITY TO USE, THE PORTAL OR ANY BREACH OF SECURITY, INCLUDING THE FAILURE OF ESSENTIAL PURPOSE, EVEN IF COMPANY HAS BEEN NOTIFIED OF THE POSSIBILITY OR LIKELIHOOD OF SUCH DAMAGES OCCURRING, AND WHETHER SUCH LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, PRODUCTS LIABILITY OR OTHERWISE. YOU ACKNOWLEDGE AND AGREE THAT EXCEPT AS AND TO THE EXTENT THAT THE COMPANY’S EXECUTED AGREEMENT(S) WITH YOU MAY OTHERWISE EXPRESSLY PROVIDE, YOUR SOLE REMEDY FOR ANY INJURY YOU ALLEGE TO HAVE SUFFERED ARISING FROM OR RELATED TO YOUR USE OF THE PORTAL IS TO STOP USING IT.
9. EXCLUSIONS AND LIMITATIONS
   SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OR EXCLUSION OF CERTAIN WARRANTIES OR THE DISCLAIMER, EXCLUSION, OR LIMITATION OF CERTAIN LIABILITIES. TO THE EXTENT THAT THEY ARE HELD TO BE LEGALLY INVALID, DISCLAIMERS, EXCLUSIONS, AND LIMITATIONS SET FORTH IN THIS TOU, INCLUDING THOSE SET FORTH IN SECTIONS 7 AND 8, ANY CLAIMS MADE THAT ARE THE RESULT OF SUCH EXCLUSIONS SHALL HAVE ANY REMEDY CAPPED AT $100 US DOLLARS.
10. Copyright. We take the protection of Our copyright very seriously. If We discover that you have used Our copyright materials without prior written permission, We may bring legal proceedings against you seeking monetary damages and an injunction to stop you from using those materials. Pursuant to the U.S. Digital Millennium Copyright Act “DMCA”), notifications of claimed copyright infringement should be sent to Our designated agent:

    DMCA@nonstophealth.com. Please provide Our agent with the following: a description of the copyrighted work that you claim has been infringed, a description of where the material that you claim is infringing is located, a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law, your address, telephone number and email address, a statement by you that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

11. Trademarks and Logos. Trademarks, whether registered or unregistered, are a valuable asset to Our Company and as such must be used properly. For approval to use our Logos or copyrights in any way, or to submit a formal complaint under the DMCA, please contact us at DMCA@nonstophealth.com.

GENERAL TERMS

• No Modifications. No modification, amendment, or waiver of any provision of this TOU shall be effective unless adopted by Company in writing.
• No Waiver. No failure or delay by Company in exercising any right, power, or remedy under this TOU shall operate as a waiver of any such right, power, or remedy.
• Interpretation. If any provision of this TOU are ruled by a court of competent jurisdiction to be contrary to law, that provision shall be changed and interpreted so as to best accomplish the objectives of the original provision to the fullest extent allowed by law, and the remaining provisions of this TOU shall remain in full force and effect.
• Affiliates and Subsidiaries. You acknowledge and agree that each entity that collectively makes up the Company is a third-party beneficiary of this TOU, and that each entity may enforce any provision of the terms that benefits it.
• Jurisdiction and Venue. This TOU shall be interpreted, construed and governed by, and in accordance with, the laws of the State of California. Any cause of action arising out of or related to this TOU may only be brought in the local court of applicable jurisdiction in the State of California, Contra Costa County, and You hereby submit to the jurisdiction and venue of that court.
• Term and Termination. Your right to use the Portal shall terminate following termination of your Employer’s LOA with Us or upon your termination of your benefits program
  (including any COBRA period you may elect). We reserve the right to terminate Your access to the Portal at any time if we feel your actions have, or are likely to cause, harm to the Portal, to the privacy rights of any other user or any other illegal or malicious activity that We deem harmful including those outlined in Section 5 above.

These Terms and Conditions of Use are the final, complete, and exclusive agreement between the parties with respect to the subject matter hereof.

Questions? Please email legal@nonstophealth.com if you have any questions or concerns regarding these terms. If you have any reason to believe that your account may have been compromised, please contact us immediately at security@nonstophealth.com.

This TOU was last updated November 2023.