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TERMS OF USE

This Terms of Use Agreement is entered into and made effective immediately(“Effective Date”) by and between SET SEG Insurance Services Agency, Inc. with offices at 415 W. Kalamazoo, Lansing, MI 48933 (“SET SEG”) and you.

The my.setseg.org Website (“Site”) is owned and operated by SET SEG. You should carefully read these Terms of Use and the Privacy Policy, attached as Exhibit A. Your access to and use of this Site are governed by these Terms of Use and the Privacy Policy, which are a legally binding contract between you and SET SEG. In addition, when using a particular service and/or accessing certain materials on or through this Site, you will be subject to any posted terms, conditions and rules applicable to the service and/or materials, which are incorporated into these Terms of Use and govern any conflict or inconsistency with these Terms of Use or the Privacy Policy.

Amendments to Terms of Use

SET SEG reserves the right to change the terms and conditions of these Terms of Use, the Privacy Policy and/or any of its other terms, conditions and rules relating to the Site, at any time in its sole discretion. SET SEG shall notify you of such changes by posting the changes on the Site. You are responsible for regularly reviewing the Site and these Terms of Use regarding such changes. Continued use of the Site after any such changes have been posted shall constitute your agreement to them.

Third Party Service Providers

SET SEG may use third party service providers to help develop and maintain this Site, to provide specific services offered through this Site, and to help service your Account. You agree that the terms and conditions set forth in these Terms of Use, including all disclaimers of warranties and limitations of liability, inure to the benefit of any third party service providers engaged by SET SEG. All references to SET SEG are deemed to include its agents and service providers. All agents and service providers of SET SEG will be authorized to use your personal information only for the purpose for which they are hired.

Password and Site Access

You are solely responsible for the security of online access to this Site and your Account, and you must take precautions to protect the confidentiality of your password and other login information (collectively, your “Account”). You should not share your password or login information with any other person or entity. You are solely responsible for verifying the accuracy of all information you alter in your Account and for confirming that changes are properly reflected on the next business day for all transactions placed for your Account.

Contact SET SEG immediately if you suspect unauthorized use of your password or login information, or any other unauthorized activity on your Account. You must exit fully out of your account at the end of each session. You are and will be responsible for all activities conducted on and with the Site that make use of your password and/or login information, including any use you may subsequently contend was not authorized by you. SET SEG may justifiably assume that any changes to information or instructions received through any electronic systems and placed under your Account or password were placed or authorized by you.

Site Materials, Services and Software

Through this Site, SET SEG may make available to you: (a) certain audio and visual articles, text, information, data, images, illustrations, photographs, video, documents and other materials contained or displayed in or made available through the Site (collectively, “Materials”); and (b) various services and functionality (collectively, “Services”).

SET SEG and its licensors grant to you a personal, non-exclusive, non-transferable license to: (a) access, view, download, print, use and display Materials; and (b) use the tools and software on the Site (collectively, “Software”) solely for your own informational, financial and non-commercial use. In these Terms of Use, all references to the “Site” shall be deemed to include all “Software,” “Materials” and “Services,” unless otherwise expressly indicated. All rights not expressly granted by SET SEG to you are retained by SET SEG, and you may not use the Site and/or any element of the Site in any manner or for any purpose not expressly authorized by these Terms of Use. The rights granted to you do not include, and are not applicable to, the design or layout of the Site, which are protected by trade dress and other laws and may not be copied or imitated in whole or in part.

The Site design, text and graphics, and the selection and arrangement of such elements are copyrighted and are protected by worldwide copyright laws and treaty provisions. Unless otherwise indicated, all product and service marks and logos displayed on the Site are subject to the trademark rights of SET SEG, its affiliates, or its business partners. You shall not: (a) remove or destroy any proprietary rights marks or legends on or in the Site; (b) modify, enhance, adapt, translate, or create derivative works of the Site; (c) republish, post, transmit, transfer, distribute, assign, sublicense, rent, lease or sell the Site; (d) decompile, disassemble or reverse engineer the Site; (e) reproduce or make copies of the Site; (f) “frame” or “mirror” the Site on any other server or Internet-based device; and/or (g) access, view, download, print, use and/or display the Site for any commercial or other money-making purpose; (h) download or copy Account information for the benefit of another merchant; (i) use any data mining, robots, or similar data gathering and extraction tools; (j) use any meta tags or any other "hidden text" utilizing SET SEG’s name or trademarks without our express written consent; (k) send a sexually-explicit image; use obscene, defamatory, threatening, harassing, abusive, or hateful language; (l) violate the Children’s Online Privacy Protection Act, as amended; (m) use this Site as a substitute for professional medical advice; (n) adversely affect resources or the availability of this Site to others; or (o) send material or information containing software viruses, corrupted data, mass mailings or any form of spam.

You acknowledge that certain elements of the Site are, or may in the future be, licensed to SET SEG third parties and that the availability of such elements may cease automatically, without notice or liability on the part of SET SEG.

SET SEG and/or its licensors own and shall retain all rights, title and interests, including all intellectual property rights, in and to the Site, and all elements thereof. Except for the express licenses granted to you herein, you neither have nor acquire any rights, title or interests in or to the Site, or any element thereof.

User Content

In certain portions of the Site, users may be allowed to submit information, data, text, music, sound, photographs, graphics, video, messages, products, services and/or other materials (individually and collectively, “Content”). All Content is the sole responsibility of the person by whom the Content was posted. This means that you, and not us, are solely responsible for all Content that you upload, post, transmit or otherwise make available through or on this Site. You are also solely responsible for all Content posted under your Account.You represent and warrant that (i) you own or otherwise control all of the rights to the Content that you post; (ii) that the Content is accurate; (iii) use of the Content you supply does not violate this policy; (iv) the Content does not infringe any intellectual property or other rights of any third party and does not violate any applicable laws or regulation; and (v) the Content will not cause injury to any person or entity.

You are solely responsible for any use or reliance on the Content, including on its accuracy, completeness, or usefulness. You acknowledge that we do not have any obligation to pre-screen Content, but that we and our designees shall have the right (but not the obligation) in our sole discretion to refuse or remove any Content that is available through our Site. Without limiting the foregoing, we and our designees shall have the right to remove any Content that violates these Terms of Use or any other applicable policy or is otherwise objectionable or deemed to be inaccurate. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content.

You acknowledge and agree that governmental or regulatory officials may, upon reasonable notice, examine the records, Content and related items as required by law. SET SEG shall fully cooperate with such governmental audit. This provision shall survive termination of this Agreement.

Third Party Information

Please be aware that when you are on the Site, you could be directed to other sites that are beyond SET SEG’s control. SET SEG is not responsible for the content of any linked site or any link contained in a linked site owned or controlled by a third party. SET SEG reserves the right to terminate any link or linking program at any time. SET SEG provides such links only as a convenience to you. SET SEG has not endorsed, tested or verified any information, programs, companies, or products on sites to which it links. If you decide to access any third party sites linked to this Site and/or provide any personally identifiable information to such, you do so subject to the terms and policies applicable to those sites and entirely at your own risk.

SET SEG may provide you information from third parties as part of this Site. Unless expressly stated, SET SEG does not represent, endorse or guarantee the accuracy, completeness, timeliness, reliability or suitability of any information provided by third-parties. You agree that SET SEG is not responsible for third party information accessible through this Site, including opinions, advice, statements, or other health and wellness information and advertisements, and that you use such information at your own risk.

Territory

SET SEG operates this Site from its office within the United States. SET SEG makes no representation that content and materials on this Site are legal or appropriate for use from outside the United States. If you access this Site from outside the United States, you do so at your own risk. You may not use the Site in violation of United States export laws and regulations.

Disclaimer Of Warranties

THIS SITE, INCLUDING ALL MATERIALS, SERVICES, SOFTWARE, INFORMATION AND OTHER CONTENT AVAILABLE ON AND/OR THROUGH THIS SITE, IS PROVIDED BY SET SEG “AS IS”, WITHOUT WARRANTY OF ANY KIND, EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, CONTINUED AVAILABILITY, QUALITY, ACCURACY AND/OR SYSTEM COMPATIBILITY. IN ADDITION, NO WARRANTIES SHALL ARISE FROM ANY COURSE OF PERFORMANCE, COURSE OF DEALING OR USAGE OF TRADE.

BY USING THIS SITE, YOU ASSUME ALL OF THE RISKS ASSOCIATED WITH SUCH USE, AND YOU EXPRESSLY RELEASE SET SEG, AND ITS THIRD PARTY INFORMATION AND SERVICE PROVIDERS, FROM ANY AND ALL LIABILITY, CLAIMS AND/OR LOSSES ARISING FROM OR CONNECTED WITH SUCH RISKS.

Limitation Of Liability

SET SEG IS NOT RESPONSIBLE FOR ANY LOSS OR DAMAGE ARISING FROM YOUR USE OF THIS SITE, INCLUDING BUT NOT LIMITED TO ANY INCIDENTAL, INDIRECT, CONSEQUENTIAL, OR SPECIAL DAMAGES, SUCH AS LOSS OF REVENUE OR INCOME, PAIN AND SUFFERING, EMOTIONAL DISTRESS OR SIMILAR DAMAGES EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Termination

IF YOU DO NOT UNDERSTAND, ACCEPT AND AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THESE TERMS OF USE YOU SHOULD DISCONTINUE YOUR USE OF THE SITE.

SET SEG may terminate your access to this Site at any time and for any reason without prior notification. Additionally, SET SEG may modify this Site at any time, and continuing to use the Site constitutes your agreement to such modifications. We may also, in our sole discretion and at any time, with or without notice, discontinue this Site or any portion of it, restrict the time the Site is available, or restrict the amount of use permitted. You agree that we may terminate or restrict your access to this Site under these Terms of Use or under any other applicable policy without prior notice, and acknowledge and agree that we may immediately deactivate or delete your Account, as applicable, and all related information and files. We reserve the right to bar any further access to such files and this Site. You agree that we will not be liable to you or any third party for any termination of your Account or access to this Site. Provisions that survive termination of these Terms of Use are those relating to ownership, limitations of liability, indemnification and others which by their nature are intended to survive.

Applicable Law, Severability and Waiver

In order to ensure consistency in the interpretation and enforcement of these Terms of Use and SET SEG’s rights in the Site, these Terms of Use will be governed exclusively by Michigan law and controlling U.S. federal law, without regard to the choice or conflicts of law provisions of any jurisdiction. You expressly agree that any litigation or dispute arising between you and SET SEG related, in any way, to the Site and/or these Terms of Use, and/or any and all disputes, actions, claims, or causes of action related thereto, shall be initiated and maintained only in the U.S. District Court for the Western District of Michigan, and/or the Circuit Court of the County of Ingham, Michigan. You expressly consent and irrevocably submit to the exclusive personal jurisdiction and venue of such courts.

If any provision of these Terms of Use is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision shall be modified to the extent necessary to be valid and enforceable, and all other provisions of these Terms of Use shall remain in full force and effect.

The failure of SET SEG to enforce any right or provision in these Terms of Use shall not constitute a waiver of such right or provision unless acknowledged and agreed to by SET SEG in writing. No waiver shall be implied from a failure of either party to exercise a right or remedy. In addition, no waiver of a party’s right or remedy will affect the other provisions of these Terms of Use.

Indemnity

You agree to indemnify as allowable by law and hold SET SEG, and its parents, subsidiaries, affiliates, officers, agents, co-branders, partners, licensors, and employees, harmless from any alleged claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your Content, your use of this Site, your connection to this Site, your violation of these Terms of Use or any other applicable policy, your violation of any rights of another, or breach of any representation or warranty made by you under these Terms of Use, whether you are a registered user or not. This indemnification shall survive termination of this Agreement.

TPA shall not be indemnified for any claims, damages, losses, expenses, liabilities or any other obligations resulting from or arising out of TPA's failure to perform its duties in accordance with the standard of care generally applicable to third party administrators.

Confidentiality

You agree hold all personal and medical information that you access on the Site as confidential, use the same care as a reasonable person in similar circumstances would use to protect his or her own personal and medical information and comply with all applicable laws and regulations. This provision shall survive termination of these Terms of Use. You shall not authorize or permit any personal or medical information to be accessed, disclosed, used or duplicated, in whole or in part, by any person or entity other than those authorized by your company. Additionally, you agree to comply with all applicable laws and regulations, including the Health Insurance Portability and Accountability Act of 1996, as amended (“HIPAA”).

Exhibit A
Privacy Policy

This policy explains how my.setseg.org (“SET SEG”, “Site”, “we”, or “us”) may collect and use your information.

Audit

SET SEG may maintain an audit trail of all uses and disclosures of SET SEG data. SET SEG may obtain and use e-mail and IP addresses for audit, investigation or other purposes.

Communication

Some pages of SET SEG’s secured customer portal site may permit Users to post communications or send SET SEG information. We cannot guarantee the security of any communication to SET SEG sent outside of the secured customer portal site.

Use of Cookies

As is commonly done on websites, we may use cookies and similar technology to keep track of our users. A “cookie” is a small text file containing alphanumeric characters that is stored on your computer and uniquely identifies your browser. We use session cookies that last only during your visit to help keep you logged in as you navigate through our Site. We also use persistent cookies that remain on your computer between visits so that when you return to our Site we can remember who you are and your preferences.

You can manage these cookies. For example, you can configure your browser to accept all cookies, reject all cookies, or notify you when a cookie is set. If you disable cookies, however, you will essentially be unable to use our Site.

Business Operations, Law Enforcement and Legal Actions

We may release your information without prior notice when we believe it is appropriate to prevent fraud; to comply with law or to cooperate with law enforcement activity or other governmental request; to respond to subpoenas, court orders or administrative agency requests for information; to enforce our policies; and to protect the rights, property and safety of our business and of others. If we ever sell the company, division or business unit that operates this Site, we may also transfer the information we have collected in connection with such sale or merger.

How We Protect Your Data

We use commercially reasonable means to protect the integrity of our website and limit access to your information. To the extent that our contractors have access to your information, we require them to also protect the data. However, there is always some risk that someone could find a way to improperly access data. Also, you have a responsibility to protect your user ID and password to prevent others from being able to access the Site in your name. We cannot ensure and do not warrant the security and privacy of any information held by or transmitted to third parties.

Data Integrity and Retention

We use the information that we collect about you only for the purposes for which it is collected and consistent with this policy. If you post information on the Site, we may keep this information indefinitely. Aggregate information that we collect or generate may be kept indefinitely. Information collected in connection with your registration profile will be retained as a record of our business activities.

Changes to This Policy

Our business and the laws that regulate us change from time to time, and we reserve the right to change this policy. If we do change this policy, we will post the revised version on this Site. If we propose to change our policy in a way that would permit us to make additional uses of information that we had previously collected about you, we will provide you with a meaningful way to opt out of those additional uses.

Children

Our Site is intended for people age 18 or older. If you are under the age of 18, you may not register or use our Site.

Contacting Us

Please contact us and let us know if you have any questions, comments or complaints about our policies or practices.

E-mail: onlinehelp@setseg.org
Phone: 800-292-5421, Option 2
Mail: SET SEG
Attention: Online Help
415 W. Kalamazoo Street
Lansing, Michigan 48933