MONGOOSE, LLC TERMS OF SERVICE LICENSE AGREEMENT
The following are the terms and conditions for use of the Mongoose, LLC service ("Service") provided through the Mongoose LLC website. Please read them carefully. BY CLICKING THE "CONTINUE" BUTTON AND COMPLETING THE REGISTRATION PROCESS, YOU ARE STATING THAT YOU ARE ELIGIBLE FOR AN ACCOUNT AND THAT YOU AGREE TO BE BOUND BY ALL OF THESE TERMS AND CONDITIONS OF THE SERVICE ("TOS"). The Service is offered to you conditioned upon your acceptance without modification of the terms, conditions, and notices contained herein.
MEMBER ACCOUNT, PASSWORD, AND SECURITY
To register for the service, you must complete the registration process by providing us with true, current, complete and accurate information as prompted by the Registration Form [employer_form.php]. If you provide any information that is untruthful, not current, or incomplete, Mongoose, LLC may suspend or terminate your account and refuse you any and all current and future use of the Mongoose, LLC website. Furthermore, you are entirely responsible for any and all activities that occur under your account and warrant that such activities are lawful. You agree to notify Mongoose, LLC immediately of any unauthorized use of your account or any other breach of security.
NONEXCLUSIVE LICENSE
Mongoose, LLC hereby grants you a non-exclusive license to use this Service. You may not modify, translate, or create derivative works based on the Service and its content, or permit other individuals to so.
FEES AND SERVICES
Our fees, services rendered, and policies are available for viewing at www.cobraformsonline.com/cf_fees.html and are incorporated herein by reference. Mongoose, LLC reserves the right to change the fees or our services from time to time. Unless otherwise stated, all fees are quoted in U.S. Dollars. You are responsible for paying all fees associated with using our service before services are rendered.
Role of Mongoose, LLC and the Service
It is expressly understood that Mongoose, LLC will not be the “Plan Administrator” or a “Named Fiduciary” with respect to the members plan as those terms are defined by ERISA or the Internal Revenue Code as a result of providing the Service.
MEMBER PRIVACY
Mongoose, LLC is firmly committed to the privacy of its customers and visitors to its web site. Mongoose, LLC will not monitor, edit, or disclose any information about you, your company or your use of the Service unless Mongoose, LLC has a good faith belief that such action is necessary to: (1) conform to legal requirements or comply with legal process; (2) protect and defend the rights or property of, LLC or (3) enforce the TOS. Mongoose, LLC may provide usage information and aggregate form (e.g. Notice request and issuance trends) to third parties.
SECURITY INFORMATION
Mongoose, LLC has security measures in place to prevent the loss, misuse or adulteration of data, such as the use of a reliable Firewall.
INDEMNIFICATION AND HOLD HARMLESS
You agrees to indemnify and hold Mongoose, LLC, and its subsidiaries, affiliates, officers, directors, agents, employees or other partners harmless against any loss, damage, or expense, including reasonable attorney’s fees arising out of any claim, demand, cause of action, lawsuit or proceeding due to or in any way in connection with the services provided under the Service unless it is determined in a final judgment of a court of competent jurisdiction that such loss, damage or expense was the result of Mongoose, LLC willful misconduct or gross negligence, fraud or bad faith. You agrees to indemnify and hold harmless Mongoose, LLC against any penalty which is or will be imposed upon it under ERISA and pertinent regulations hereunder or the imposition of an excise tax upon Mongoose, LLC under section 498OB of the Internal Revenue Code or any other penalties which may be imposed by law or regulation in connection with COBRA.
LIMITATION OF LIABILITY
The information and services included in or available through the Service may include inaccuracies or typographical errors. Changes are periodically added to the information herein. Mongoose, LLC and/or its respective suppliers may make improvements and/or changes in the Service at any time. Mongoose, LLC does not represent or warrant that the Service will be uninterrupted or error-free, that defects will be corrected, or that the Service or the server that makes it available, are free of viruses or other harmful components. Mongoose, LLC does not warrant or represent that the use or the results of the use of the Service or the materials made available as part of the Service will be correct, accurate, timely, or otherwise reliable. Further, Mongoose, LLC reserves the right to make changes to any and all parts of Mongoose, LLC products or services at any time, without obligation to notify any person or entity of such changes.
UNDER NO CIRCUMSTANCES WILL MONGOOSE, LLC OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DISTRIBUTING THE SITE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES FOR LOSS FO PROFITS, GOOD WILL, USE, DATA OR OTHER INTANGIBILE LOSSES (EVEN IF MONGOOSE, LLC HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) THAT RESULT FROM (A) THE USE OF OR INABILITY TO USE THE SITE, (B) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (C) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (D) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE; OR (E) ANY OTHER MATTER RELATING TO THE SERVICE. YOU HEREBY ACKNOWLEDGE THAT THIS PARAGRAPH SHALL APPLY TO ALL CONTENT, MERCHANDISE, AND SERVICES AGAILABLE THORUGH THE SITE. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.
EXCLUSIVE REMEDY
The cumulative liability of Mongoose, LLC to you or any other party for any loss or damages resulting from any claims, demands, or actions arising out of or relating to this Agreement shall not exceed the individual fee paid to Mongoose, LLC for use of the Service.
DISCLAIMER OF WARRANTIES
THE SERVICE IS PROVIDED "AS IS" AND THERE ARE NO WARRANTIES, CLAIMS OR REPRESENTATIONS MADE BY MONGOOSE, LLC, EITHER EXPRESS, IMPLIED, OR STATUTORY, WITH RESPECT TO THE SERVICE, INCLUDING WARRANTIES OF QUALITY, PERFORMANCE, NON INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE, NOR ARE THERE ANY WARRANTIES CREATED BY COURSE OF DEALING, COURSE OF PERFORMANCE, OR TRADE USAGE. MONGOOSE, LLC. DOES NOT WARRANT THAT THE SERVICE WILL MEET YOUR NEEDS OR BE FREE FROM ERRORS, OR THAT THE OPERATIONS OF THE SERVICE WILL BE UNINTERRUPTED. THE FOREGOING EXCLUSIONS AND DISCLAIMERS ARE AN ESSENTIAL PART OF THIS AGREEMENT AND FORMED THE BASIS FOR DETERMINING THE PRICE CHARGED FOR THE PRODUCTS. SOME STATES DO NOT ALLOW EXCLUSION OF AN IMPLIED WARRANTY, SO THIS DISCLAIMER MAY NOT APPLY TO YOU.
PROPRIETARY RIGHTS TO CONTENTS
Title, ownership rights, and intellectual property rights in and to the Service shall remain with Mongoose, LLC. The Service and the intellectual property operating it are protected by international copyright treaties. Title, ownership rights, and intellectual property rights in and to the content, and code accessed through the Service is the property of the Mongoose, LLC and may be protected by applicable copyright or other law. This License gives you no rights to such content or code. All contents of the Service and the website are: Copyright © 2005 Mongoose, LLC and/or its suppliers. All rights reserved.
TERMINATION
These terms are effective until terminated by either party. If you no longer agree to be bound by the Mongoose, LLC Terms of Service License, you must immediately cease your use of the Moongoose, LLC website. Subject to applicable law, Mongoose, LLC reserves the right to suspend or deny, in our sole discretion, your access to all or any portion of the Moongoose, LLC website with or without notice. You agree that any termination of your access to the Mongoose, LLC website may be effected without prior notice. Further, you agree that Mongoose, LLC shall not be liable to you or any third-party for any termination of your access to the Mongoose, LLC website.
MODIFICATIONS TO TERMS OF SERVICE AND OTHER POLICIES
Mongoose, LLC. reserves the right to change its terms of service policy at any time. You are responsible for regularly reviewing our terms of services and other policies from our web site. Continued use of the service after any such changes shall constitute your consent to such changes.
APPLICABLE LAW
Any claim relating to the Mongoose, LLC website, the services provided through the Mongoose website or the content on the site shall be governed by the internal law of the state of Washington, without reference to its choice of law provisions. You hereby irrevocably consent to the exclusive jurisdiction and venue of courts in King County, Washington, U.S.A.
MISCELLANEOUS
This Mongoose, LLC Terms of Service License represents the complete agreement concerning this license between the parties and supersedes all prior agreements and representations between them. You may also be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software. The failure of Mongoose, LLC to exercise or enforce any right or provision of this license shall not constitute a waiver of such right or provision. If any provision of this license is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give the effect of the parties’ intentions as reflected in the provision, and the other provisions of this license remain in full force and effect.
For More Information
If you have any questions or comments about this agreement, our services, or your experience with Mongoose, LLC. you can contact us at 1-800-410-2627 or write to us at:
Mongoose, LLC
P.O. Box 1291
Issaquah, WA 98027
