Last Updated: September 20, 2012
This End User License Agreement (“Agreement”) is a legal agreement between you (“User”), and CONEXIS Benefits Administrators, LP (“CONEXIS”) related to your use of the CONEXIS mobile application associated with this Agreement (the “CONEXIS Mobile Application”). By clicking the “Accept” button or using the CONEXIS Mobile Application, you agree to be bound by this Agreement. If you do not agree to be bound by this Agreement, you may not use the CONEXIS Mobile Application and must exit the CONEXIS Mobile Application immediately.
In order to use the CONEXIS Mobile Application, User must have an active benefits account administered by CONEXIS (“Account”) and a mobile device and carrier plan capable of downloading and using mobile applications.
Through the CONEXIS Mobile Application, User may be able to submit claims to User’s Account, view Account balance and other general Account information, attach photos of supporting documentation, clear Account benefit card transactions, and other actions, as available through the CONEXIS Mobile Application. User may only submit proper and appropriate information, photos, images and documentation (“Materials”) to support claims related to User’s Account. User is solely responsible for all Materials that User submits through the CONEXIS Mobile Application and acknowledges that submission of Materials does not constitute acceptance of them by CONEXIS. Further, CONEXIS is not responsible for the failure of transmission of any Materials. User acknowledges that User may be required to re-submit Materials, as directed by CONEXIS, including if they are unintelligible, incomplete, garbled or misdirected.
When submitting claims through the CONEXIS Mobile Application, User certifies and agrees to the following statements:
CONEXIS hereby grants to User a limited, nonexclusive, nontransferable, revocable license to use the CONEXIS Mobile Application for personal use in the United States on any device using an iOS operating system that User owns or controls, and as such device is permitted to be used by the Usage Rules set forth in the Apple App Store Terms of Service. Without limiting the foregoing User shall not: (i) make or distribute copies of the CONEXIS Mobile Application or use the CONEXIS Mobile Application outside the United States; (ii) license, distribute, or otherwise use any part of the CONEXIS Mobile Application for any Commercial Use, without CONEXIS’s prior written consent; and (iii) associate, input or upload to or through any CONEXIS Mobile Application any virus, Trojan horse, worm, time bomb or other computer programming routines (a) that is intended to or does damage, interfere with, intercept or expropriate any CONEXIS system or technology or (b) infringes the intellectual property rights of another.
CONEXIS may suspend User’s right to access and use the CONEXIS Mobile Application at any time, in CONEXIS’s sole discretion, including, without limitation, to (1) prevent access to any portion of the CONEXIS Mobile Application that is not in compliance with the terms and conditions of this Agreement; (2) correct a material error in the CONEXIS Mobile Application; or (3) comply with a law, regulation or rule or any ruling of a court or other body of competent jurisdiction.
At any time, in CONEXIS’s sole discretion: (i) any aspect or feature of the CONEXIS Mobile Application, or User’s use of thereof, may be changed, supplemented, deleted or updated without notice to User, and (ii) CONEXIS may change, update, supplement or modify this Agreement. CONEXIS will post the revised Agreement at http://www.conexismarketing.com/employees/myconexisapp/application-license-agreement. User’s continued use of the CONEXIS MOBILE APPLICATION after any changes indicates User’s acceptance of the modified Agreement.
This Agreement shall become effective upon a User’s acceptance hereof by click-through or upon User’s first use of the CONEXIS Mobile Application and shall remain in full force and effect thereafter until terminated as provided herein (the “Term”).
Either party may terminate this Agreement without cause at any time upon written notice to the other party. Notwithstanding the foregoing, this Agreement shall terminate, without any further action needing to be taken by CONEXIS, upon a breach by User of any of the terms and conditions of this Agreement, including, without limitation, the “INTELLECTUAL PROPERTY” paragraph of this Agreement.
Upon termination of this Agreement for any reason whatsoever, all licenses granted hereunder shall immediately terminate and User shall immediately cease and desist from all access to and use of the CONEXIS Mobile Application. User shall immediately purge from his or her mobile device(s) all copies of the CONEXIS Mobile Application.
The following paragraphs of this Agreement shall survive the termination of this Agreement for any reason: “INTELLECTUAL PROPERTY”; “WARRANTY/DISCLAIMER OF WARRANTIES”; “LIMITATION OF LIABILITY”; and “CHOICE OF LAW; ENFORCEABILITY; ENTIRE AGREEMENT/THIRD PARTY BENEFICIARY.”
User acknowledges that CONEXIS (or its licensors) owns all right, title and interest in and to the CONEXIS Mobile Application and all CONEXIS content available via the CONEXIS Mobile Application, including, without limitation, all Intellectual Property Rights (as defined below). User agrees to not remove, obscure, or alter any copyright, trademark, or other proprietary rights notice affixed to, contained within, or accessed in conjunction with or through the CONEXIS Mobile Application. User further agrees not to modify, adapt, translate, prepare derivative works from, transmit, decompile, reverse engineer, disassemble or otherwise attempt to derive source code from any portion of the CONEXIS Mobile Application. Without limiting the foregoing, in those jurisdictions User is granted rights under law, that User cannot waive, to translate, decompile, reverse engineer, or disassemble the CONEXIS Mobile Application, then and solely to the extent permitted by law, User may exercise such rights to translate, decompile, reverse engineer, or disassemble the CONEXIS Mobile Application to the extent necessary to achieve inoperability with an independently created program. The foregoing sentence shall apply only in the event that CONEXIS does not make available to User the information necessary to achieve interoperability of the CONEXIS Mobile Application with an independently created program within a reasonable time after receipt of User’s written request for such information. Any decompilation or other activity as permitted pursuant to this paragraph shall be restricted solely to the parts of the CONEXIS Mobile Application necessary to achieve interoperability.
“Intellectual Property Rights” means (i) all patents, patent applications, and certificates of invention, and all continuations, continuations in part, extensions, renewals, divisions, re-issues and re-examinations relating thereto; (ii) all moral rights and copyrights in any work of authorship or other work recognized by foreign or domestic law, by statute or at common law or otherwise, including all copyright registrations and applications therefor, together with any renewal or extension thereof and all rights deriving therefrom; (iii) all, whether registered or unregistered, trademarks, service marks, trade names and trade dress, and all goodwill relating thereto; (iv) all rights in all trade secrets, know-how, and confidential information; and (v) other intellectual property rights protectible under any laws or international conventions throughout the world.
CONEXIS is not, and User acknowledges that Apple is not, obligated to provide any support or maintenance services to User related to the CONEXIS Mobile Application. If you have any questions about this application, you may contact .
USER HEREBY ACKNOWLEDGES AND AGREES THAT THE USE OF THE CONEXIS MOBILE APPLICATION IS ENTIRELY AT USER’S OWN RISK. THE CONEXIS MOBILE APPLICATION IS PROVIDED FREE OF CHARGE, ON AN “AS IS” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND. ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, RELIABILITY, ACCESSIBILITY AND NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OR OTHER PROPRIETARY RIGHTS, ARE EXPRESSLY DISCLAIMED BY CONEXIS TO THE FULLEST EXTENT PERMITTED BY LAW. CONEXIS MAKES NO WARRANTY WITH RESPECT TO THE SECURITY, TIMELINESS, CONTENT OR PERFORMANCE OF THE CONEXIS MOBILE APPLICATION. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTY, SO THE LIMITATIONS AND EXCLUSIONS IN THIS SECTION MAY NOT APPLY TO EVERY USER. THIS AGREEMENT GIVES USERS SPECIFIC LEGAL RIGHTS. USERS MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM JURISDICTION TO JURISDICTION. USER AGREES AND ACKNOWLEDGES THAT THE LIMITATIONS AND EXCLUSIONS OF LIABILITY AND WARRANTY PROVIDED IN THIS AGREEMENT ARE FAIR AND REASONABLE. USER ACKNOWLEDGES THAT APPLE HAS NO WARRANTY OBLIGATION WHATSOEVER WITH RESPECT TO THE CONEXIS MOBILE APPLICATION.
NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, CONEXIS SHALL NOT BE LIABLE TO USER OR ANY THIRD PARTY, TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, PUNITIVE, MULTIPLE, INCIDENTAL, OR SPECIAL DAMAGES, LOST PROFITS, LOSS OF DATA OR DATA USE, LOST SAVINGS, OR COSTS OF PROCURING SUBSTITUTE GOODS ARISING OUT OF THIS AGREEMENT, DUE TO BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), USE OF THE CONEXIS MOBILE APPLICATION OR OTHERWISE, EVEN IF CONEXIS HAS BEEN ADVISED OF THE LIKELIHOOD OF SUCH DAMAGES. THIS LIMITATION OF LIABILITY SHALL BE APPLICABLE ONLY TO THE EXTENT PERMITTED BY LAW IN THE EVENT OF THE GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OF CONEXIS OR IN THE EVENT OF PERSONAL INJURY OR DEATH. IN NO EVENT SHALL THE LIABILITY OF CONEXIS FOR ANY DAMAGES (DIRECT OR OTHERWISE), PENALTIES OR LOSS, REGARDLESS OF THE FORM OF ACTION OR CLAIM, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), DELICT OR OTHERWISE OF ANY TYPE EXCEED, IN THE AGGREGATE, ONE THOUSAND UNITED STATES DOLLARS (USD $1,000), ANY CLAIM FOR DAMAGES IN EXCESS THEREOF BEING HEREBY WAIVED BY USER. USER ACKNOWLEDGES THAT TO THE EXTENT PERMITTED BY LAW, APPLE WILL NOT BE LIABLE TO USER FOR ANY CLAIMS, LOSSES, LIABILITIES, DAMAGES, COSTS OR EXPENSES ATTRIBUTABLE TO ANY FAILURE OF THE CONEXIS MOBILE APPLICATION.
AS BETWEEN CONEXIS AND APPLE, BUT SUBJECT TO THE TERMS, CONDITIONS AND LIMITATIONS OF THIS AGREEMENT, APPLE WILL NOT BE RESPONSIBLE TO USER FOR ANY CLAIM RELATING TO THE CONEXIS MOBILE APPLICATION OR USER’S POSSESSION AND/OR USE OF THE CONEXIS MOBILE APPLICATION, INCLUDING BUT NOT LIMITED TO, (I) PRODUCT LIABILITY CLAIMS; (II) ANY CLAIM THAT THE CONEXIS MOBILE APPLICATION FAILS TO CONFORM TO ANY APPLICABLE LEGAL OR REGULATORY REQUIREMENT; AND (III) CLAIMS ARISING UNDER CONSUMER PROTECTION OR SIMILAR LEGISLATION.
To the full extent permitted by law, this Agreement shall be governed by and construed in accordance with the laws of the State of Texas, United States of America, excluding its conflict of law principles. THE EXCLUSIVE JURISDICTION FOR ANY ACTION RELATING TO THIS AGREEMENT (WHETHER FOR BREACH OF CONTRACT, TORT OR OTHERWISE) SHALL BE A FEDERAL OR STATE COURT IN Dallas, Texas, AND THE PARTIES HEREBY CONSENT TO SUCH EXCLUSIVE JURISDICTION AND IRREVOCABLY WAIVE AND SHALL NOT ASSERT ANY DEFENSES BASED ON LACK OF IN PERSONAM JURISDICTION, IMPROPER VENUE OR INCONVENIENT FORUM.
If, for any reason, a court of competent jurisdiction finds any provision or portion of this Agreement to be unenforceable, the remainder of this Agreement will continue in full force and effect. Any waiver of any provision of this Agreement will be effective only if in writing and signed by CONEXIS. This Agreement constitutes the entire agreement between the parties with respect to the subject matter contained herein and supersede any other agreement, proposals and communications, written or oral, between User and CONEXIS with respect to the subject matter hereof. Apple is a third party beneficiary of this Agreement and may enforce this Agreement against User as a third party beneficiary.
Apple, the Apple logo, iPhone, iPad, and iPod touch are trademarks of Apple Inc.,
registered in the U.S. and other countries. App Store is a service mark of Apple Inc.