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Terms & Conditions

Portico Benefit Services
Website Terms of Use
Last Revised Feb. 4, 2016
 
Notices, Communications, and Electronic Signatures
You agree to accept all communications from us regarding use of Board of Pensions of the Evangelical Lutheran Church in America, d/b/a Portico Benefit Services’ website at the addresses you provide during registration. Please promptly update any changes to your registration information by using the “Your Profile” link. Portico Benefit Services is entitled to rely on the email address and U.S. Postal Service address you last provided to us. You agree to waive all claims resulting from failure to receive communications because of changes in your email or U.S. Postal Service address. From time to time we would like to send you information about Portico Benefit Services’ products and services. If you register on Portico Benefit Services’ website, you are granting Portico Benefit Services permission to communicate with you by email. You can opt not to receive such information from us in the future by calling our Customer Care Center.

You agree to be bound by any affirmation, assent or agreement you transmit through Portico Benefit Services’ website by computer or other electronic device, including internet, telephonic and wireless devices, including but not limited to any consent you give to receive communications from us solely through electronic transmission. You agree that, when in the future you click on an “I agree,” “I consent” or other similarly worded "button" or entry field with your mouse, keystroke or other device, your agreement or consent will be legally binding and enforceable and the legal equivalent of your handwritten signature.

TERMS OF USE These Terms of Use (Terms) were last updated on Feb. 4, 2016.

PLEASE READ THESE TERMS CAREFULLY. By using porticobenefits.org or by otherwise accessing any content found on this website, you are deemed to have entered into an agreement with Portico Benefit Services and to have agreed to be bound by the terms set out below. If you violate any of the Terms your permission to use this website automatically terminates. The website is owned and operated by Portico Benefit Services. Portico Benefit Services may modify, suspend, discontinue or restrict the use and availability of any portion of this website at any time, without notice or liability. Your use of this website may be monitored and used for Portico Benefit Services' internal business purposes, without liability.

 Changes to These Terms
 Registration
 Use of Portico Benefit Services’ Content and Intellectual Property Protection
 User Postings, Including Wellness Voice Submissions
 License and Use Policies
 Linking to the Website
 Links to Third-party Sites
 Market Information
 Submissions
 Claims of Copyright Infringement
 Indemnification
 Disclaimer of Warranties
 Limitation of Liability
 Privacy Notice
 Miscellaneous
 

1. Changes to These Terms
WE MAY AMEND THESE TERMS AT ANY TIME WITHOUT PRIOR NOTICE BY POSTING THE AMENDED TERMS ON THE WEBSITE. USE OF THE WEBSITE FOLLOWING ANY SUCH CHANGE CONSTITUTES YOUR AGREEMENT TO FOLLOW AND BE BOUND BY THE TERMS AS CHANGED. For this reason, you should review these Terms whenever you use the website. If you do not agree to be bound by changes to the Terms, you should not use the website.

2. Registration
In order to use portions of this website, a user must first complete an online registration form.  During registration, a user will be required to give certain information (i.e., name and email address) which may be used to contact you about products and services on our website in which you have expressed an interest.

Certain parts of this website may be protected by passwords or require a login. Further, for authentication purposes, certain features on this website may require you to answer a designated security question. You agree to provide Portico Benefit Services with current, complete, and accurate information about you as prompted by the applicable registration process and agree to regularly update this information to maintain its completeness and accuracy. You agree to use this website to access only those accounts on which you are authorized to act, and you agree to use your own user names, logins, passwords, and security questions and answers when accessing accounts on which you are authorized to act.

You are responsible for maintaining the confidentiality of any account information, user names, logins, passwords, and security questions and answers that you use to access any page or feature on this website, and for logging off of your account and any protected areas of the website. Further, you are fully responsible for all activities occurring under your accounts, user names, logins, passwords, and security questions and answers that result from your negligence, carelessness, misconduct, or failure to use or maintain appropriate security measures. If you become aware of any suspicious or unauthorized conduct concerning your accounts, user names, logins, passwords, or security questions and answers, you agree to contact Portico Benefit Services immediately. Portico Benefit Services will not be liable for any loss or damage arising from your failure to comply with this paragraph.

Products and services provided to you through this website may involve the electronic transmission, including via any email address you provide to us, of information that you may consider to be personal financial information or promotional and marketing materials, and you consent to such transmission.

Cookies (pieces of data stored on users’ hard drives) are used to help us improve access to our website and identify repeated website visitors to enhance user experience. Usage of cookies is not linked to any personally identifiable information on this site.

Portico Benefit Services is entitled, but not obligated, to review or retain your communications. We and our third-party service providers may monitor your communications to evaluate the quality of service you receive, the security of the website, or for other reasons. You agree that these monitoring activities will not entitle you to any cause of action or other right with respect to the manner in which Portico Benefit Services or its third-party service providers monitor your communications and enforce or fail to enforce the rules and guidelines of any service. In no event will Portico Benefit Services or its third-party service providers be liable for any costs, damages, expenses or any other liabilities incurred by you as a result of any monitoring activities.

3. Use of Portico Benefit Services Content and Intellectual Property Protection
Material on the website, including but not limited to text, software, code, graphics, images, data, audio and video (collectively, the “Materials”), is owned by Portico Benefit Services or third-party licensors. Portico Benefit Services and/or third-party licensors retain all proprietary rights to the Materials, including all intellectual property rights associated therewith (e.g., copyrights, patents, trademarks, trade secrets and know-how). Unless otherwise indicated on the website, except for downloading one copy of the Materials for your personal, noncommercial use and/or printing copies of the Materials for such use, you may not sell, modify, reproduce, display, publicly perform, prepare derivative works based upon, distribute or otherwise use the Materials in any way without first obtaining the written permission of Portico Benefit Services. Requests for permission for uses not authorized by these Terms may be sent to:

Portico Benefit Services
Attn: Web Manager
800 Marquette Avenue, Suite 1050
Minneapolis, MN  55402
Or emailed to mail@PorticoBenefits.org

You must retain all copyright, trademark and other proprietary notices contained in the original Materials on any copy you make of the Materials. You may not frame or utilize framing techniques to enclose all or any portion of the website. You may not use any meta tags or any other similar hidden text utilizing Portico Benefit Services' name or trademarks.

The Materials on this website are for information, education, and noncommercial purposes only. Although Portico Benefit Services may provide data, information, and content relating to investment approaches, you should not construe any such information or other content available through this website as legal or tax advice. You alone will bear the sole responsibility of evaluating the merits and risks associated with the use of any Materials on this website before making any decisions based on such Materials. In exchange for using such Materials, you agree not to hold Portico Benefit Services or its third-party information providers liable for any possible claim for damages arising from any decision you make based on the Materials made available to you through this website. By providing access to other websites, Portico Benefit Services is not endorsing services provided by any website’s sponsoring organization.

If you violate any of this section 3, your permission to use the Materials and the website automatically terminates.

4. User Postings, Including Wellness Voice submissions
As a user of the website, you are responsible for your own communications and are responsible for the consequences of any of your postings in the public areas of the website. By submitting any material for posting on the website, you automatically grant (or, if you are not the owner, you warrant that the owner of such material has expressly granted) Portico Benefit Services a royalty-free, perpetual, irrevocable, nonexclusive and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, display and otherwise use and exploit such material (in whole or in part) worldwide and/or to incorporate it in other work in any form, media or technology now known or later developed.

Portico Benefit Services does not represent or guarantee the accuracy, completeness or reliability of any material posted by users of the website nor do we endorse any opinions expressed by any users. You may rely on material posted by other users only at your own risk. We are not obligated to screen or monitor materials posted on this website and you may not assume that posted materials are reviewed.

We may for any reason edit, refuse to post or remove without notice any materials posted. However, we have no obligation to edit, refuse to post or remove any material, including material that you may find objectionable or offensive or that violates these Terms. If you become aware of any material that violates these Terms, you may email such information to us at mail@PorticoBenefits.org. However, we do not guarantee that any action will be taken as a result of your contact. We reserve the right to expel any user and to prevent further access to the website for any reason, including violation of these Terms or applicable law, or for no reason at all. However, we have no obligation to expel any user or to prevent further access to the website.

5. License and Use Policies
Portico Benefit Services grants you a single, non-exclusive, non-transferable and limited personal license to access and use information on the website. This license is conditioned on your continued compliance with the Terms. You are responsible for obtaining and maintaining all equipment, services, and other materials that you need to access this website. Portico Benefit Services reserves all rights not expressly granted in these Terms. Except as otherwise stated in these Terms or as expressly authorized by Portico Benefit Services in writing, you may not (or enable others to) do any of the following while using the website:

  • Interfere with or disrupt networks connected to the website or violate the regulations, policies or procedures of such networks;
  • Attempt to gain unauthorized access to the website, computer systems or networks connected to the website, through password mining or any other means;
  • Interfere with another user’s use and enjoyment of the website;
  • Upload any message, information, data, text, software, graphic files or other materials (“Content”) that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, that may be invasive of another’s privacy, hateful, racially, ethnically or otherwise objectionable;
  • Upload Content that contains a virus, corrupted file, or other harmful component;
  • Impersonate any person or entity, including, but not limited to, Portico Benefit Services personnel, or falsely state or otherwise misrepresent any affiliation with any person or entity, or upload any Content under a fictitious name;
  • Upload any Content that you do not have a right to upload under law or under contractual or fiduciary relationships (including but not limited to nondisclosure agreements);
  • Upload any information or grant permissions to view information to any person in a manner that exceeds your contractual or other legal authority;
  • Upload any unsolicited advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, contests, surveys, or any other form of solicitation (commercial or non-commercial);
  • Intentionally or unintentionally violate or encourage or assist another to violate any law or regulation in connection with your use or another’s use of the website; or
  • Upload any Content that violates or infringes any patent, trademark, trade secret, copyright or any right, of whatever nature, of anyone.
  • Upload any Content that personally attacks or is derogatory toward Portico Benefit Services as an entity, Portico Benefit Services’ employees, and Portico Benefit Services product or service, or any Portico Benefit Services Materials.

You acknowledge that Portico Benefit Services and/or its vendors may or may not (but are not obligated to) monitor Content, but that Portico Benefit Services shall have the right in its sole discretion to monitor, post, move, refuse, or remove any Content, in whole or in part, for any reason whatsoever, without notice and without liability.

Except as otherwise permitted by Portico Benefit Services, no materials from Portico Benefit Services or any site owned, operated, licensed or controlled by Portico Benefit Services may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way. You may download material displayed on Portico Benefit Services for non-commercial, personal use. If you do so, you agree to retain all copyright and other proprietary notices contained on the materials. You may not use, distribute, modify, transmit, or post the content of Portico Benefit Services for public or commercial purposes, including any text, images, audio, or video without Portico Benefit Services’ written permission.

6. Linking to the Website
You may not link to this website unless you comply with these linking conditions. Portico Benefit Services grants organizations associated with the Evangelical Lutheran Church in America (ELCA) a limited, revocable, nonexclusive right to create a hyperlink to this website (“Link”), for reasons related to its association with the ELCA provided there is compliance at all times with the following conditions:

  • You may not frame or alter the appearance or visual presentation of the website.
  • You may not state or imply that we endorse, sponsor or otherwise approve your site or any other site without prior written permission from Portico Benefit Services. Links to the website may not be used in a way that implies or suggests that we approve or endorse you, your website or your goods and services without prior written permission from Portico Benefit Services.
  • Links may be text-based using the words: “Portico Benefit Services,” “EmployerLink,” or “myPortico,” or graphics-based using Portico Benefit Services’ logo (the “Licensed Marks,”) subject to the terms and conditions for use of Portico Benefit Services logo.
  • You may only link to the home page of the website, unless you receive written permission from Portico Benefit Services. Requests for permission to link to other parts of the website may be sent to mail@PorticoBenefits.org.
  • You may not use the Licensed Marks on any site that disparages us, or presents false information about us.
  • You may not use the Licensed Marks as a predominant feature of your site. At a minimum, this means that the Licensed Marks must appear smaller than your web page title and any of your marks or logos, they may not be displayed more prominently than other marks or logos on your page, and they should not appear at the top of the page, but rather at the bottom, along the sides or in some location less prominent than the top.
  • You may not use the Licensed Marks in any manner that would adversely affect the name, reputation or goodwill of Portico Benefit Services, or use the Licensed Marks on any site that contains any content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, that may be invasive of another’s privacy, hateful, racially, ethnically or otherwise objectionable.
  • You may not use the Licensed Marks on any site that violates or infringes any patent, trademark, trade secret, copyright or any right, of whatever nature, of anyone, or that violates or encourages or assists another to violate any law or regulation.
  • We will have no responsibility or liability for any content appearing on your website. You agree to defend, indemnify and hold harmless Portico Benefit Services and its officers, trustees, employees and agents, from and against any and all third-party claims, liability, actions, demands, costs or expenses (including, but not limited to, reasonable legal and accounting fees) arising from or relating to your website. We reserve the right to defend any such claim, and you agree to provide us with such reasonable cooperation as we may request.
  • By linking, you acknowledge and agree that, other than as specifically set forth in these Terms, all rights to the Licensed Marks and other Portico Benefit Services marks and logos belong to Portico Benefit Services. In addition, you acknowledge the validity of Portico Benefit Services’ ownership in the Licensed Marks and other Portico Benefit Services marks and logos and will not contest such ownership or the validity of any registrations of Portico Benefit Services relating to such marks and logos. You agree that use of the Licensed Marks shall inure to the benefit of Portico Benefit Services. If you happen to obtain any rights or goodwill in the Licensed Marks, you agree that all such rights and goodwill will automatically vest in Portico Benefit Services and you will take all actions necessary to affect such vesting.
  • You are prohibited from using Portico Benefit Services marks or logos or any names, marks or other materials in a manner that is likely to cause confusion with, dilute or damage the reputation or image of Portico Benefit Services.
  • We reserve the right at any time and in our sole discretion to request that you remove all links or any particular link to the website from your site.

Subject to these Terms and your compliance with the above requirements, Portico Benefit Services agrees to grant you a limited, non-exclusive, non-transferable, royalty-free license to use the Licensed Marks solely for the purpose of establishing any link that is permitted hereunder. Except for the limited license to use the Licensed Marks set forth in this section, you may not use any of Portico Benefit Services’ trademarks or service marks or logos for any other reason without the express written permission of Portico Benefit Services. Portico Benefit Services may, at any time, in its sole discretion, without cause, terminate the license granted herein to use the Licensed Marks and your right to link to any pages on the website. Upon our request, you agree to immediately remove all links to the website and to cease using the Licensed Marks. Without limiting the foregoing, if you violate any of this section 6, your license to use the Licensed Marks and your right to link to any pages on the website automatically terminates. Thereafter, any future links to the website will require the express written permission of Portico Benefit Services.

7. Links to Third-party Sites
The website contains links to third-party websites. These links are provided solely for your convenience. They are not an endorsement by us of the contents of such third-party websites. We are not responsible for the content or practices of linked third-party sites. We do not make any representations or warranties about the content or accuracy of materials on such third-party websites or the practices of such sites. If you decide to access linked third-party websites, you do so at your own risk. You are encouraged to review the terms of use, privacy policy, and other policies of any linked site, as the policies of the linked site may differ from those of this website.

8. Market Information
We may make available to you through our website a broad range of financial information that we create or obtain through third-party service providers. This includes financial market data, quotes, news, analyst opinions, and research reports. Collectively, we refer to this as “Market Information.” Portico Benefit Services does not endorse or approve Market Information, and we make it available to you only as a service and convenience. Portico Benefit Services and our third-party service providers do not (1) guarantee the accuracy, timeliness, completeness or correct sequencing of Market Information, or (2) warrant any results from your use or reliance on Market Information. Market Information may quickly become unreliable for various reasons including, for example, changes in market conditions or economic circumstances. Neither Portico Benefit Services nor the third-party service providers are obligated to update any information or opinions contained in any Market Information, and we may discontinue offering Market Information at any time without notice. You agree that neither Portico Benefit Services nor the third-party service providers will be liable to you in any way for the termination, interruption, delay, or inaccuracy of any Market Information. You will not redistribute or facilitate the redistribution of Market Information, nor will you provide access to Market Information to anyone who is not authorized by Portico Benefit Services to receive Market Information. If you are a securities broker, dealer, banker, or investment advisor, you agree not to use Market Information provided by Portico Benefit Services for any purpose related to your business.

Portico Benefit Services’ website content (including Market Information) are for information, education, and entertainment purposes only. Although Portico Benefit Services may provide information relating to investment approaches, you should not construe any Market Information, features, tools or other content available through any Portico Benefit Services service as legal, tax, investment, financial or other advice. Nothing contained in any Content on our website constitutes a solicitation, recommendation, endorsement, or offer by Portico Benefit Services or a third-party service provider to buy or sell any securities or other financial instruments.

You alone assume the sole responsibility of evaluating the merits and risks associated with the use of information from the website before making any decisions based on Market Information or content contained on Portico Benefit Services’ website. In exchange for using information found on Portico Benefit Services’ website, you agree not to hold Portico Benefit Services or any third party service provider liable for any possible claim for damages arising from any decision you make based on information made available to you on Portico Benefit Services website.

9. Submissions
We welcome comments regarding our service. However, any comments, feedback, notes, messages, ideas, suggestions or other communications (collectively, “Comments”) submitted to us will be our exclusive property. Submission of any such Comments constitutes an assignment to Portico Benefit Services of all worldwide right, title and interest in all copyrights and other intellectual property rights in the Comments, and you represent and warrant that you have the right to make such an assignment and that such Comments do not violate or infringe any rights of anyone. Portico Benefit Services will be entitled to use, reproduce, disclose, publish and distribute any Comments for any purpose whatsoever, without restriction and without compensating you in any way. For this reason, we ask that you do not send us any Comments that you do not desire to assign to Portico Benefit Services, including any confidential information or any original creative materials such as stories, product ideas, computer code or original artwork.

10. Claims of Copyright Infringement
If you believe that your work has been copied in a way that constitutes copyright infringement, please contact our General Counsel Office.

11. Indemnification
You agree to defend, indemnify and hold harmless Portico Benefit Services and its officers, trustees, employees and agents, from and against any and all third-party claims, liability, actions, demands, costs or expenses (including, but not limited to, reasonable legal and accounting fees) arising from or relating to your use of the website or the Materials, material that you post to the website or otherwise provide to Portico Benefit Services, or your breach or violation of these Terms. Portico Benefit Services reserves the right to defend any such claim, and you agree to provide Portico Benefit Services with such reasonable cooperation as it may request.

12. Disclaimer of Warranties
THE WEBSITE, THE MATERIALS AND THE LICENSED MARKS ARE PROVIDED ON AN AS-IS, AS-AVAILABLE BASIS WITHOUT ANY WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, THE ELCA PORTICO BENEFIT SERVICES AND ITS THIRD-PARTY SERVICE PROVIDERS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY OF MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE.

You understand and agree that: (a) we are not responsible for the timeliness, misdelivery, deletion or failure to store any information uploaded (or attempted to be uploaded) by you or any other user; (b) we make no warranty as to the accuracy or completeness of the information and services provided or obtained through the website or the results of your use of the website; (c) it is your responsibility to evaluate the accuracy, completeness and usefulness of all information obtained or provided through the website; (d) we may, in our sole discretion, modify, add or discontinue any aspect, content or feature of the website; and (e) the information on the website may contain typographical errors or inaccuracies and may not be complete or current and, therefore, we reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice.

You understand and agree that use of the website and the Materials is at your sole risk, that any materials downloaded or otherwise obtained through the use of the website is at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of such materials. We make no warranty or representation as to the security of any information you transmit to us. Information on the website does not constitute legal, accounting or professional advice to anyone.

13. Limitation of Liability
IN NO EVENT SHALL PORTICO BENEFIT SERVICES OR ITS THIRD-PARTY SERVICE PROVIDERS BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, OR ANY DAMAGES FOR LOSS OF PROFITS, USE, DATA, GOODWILL OR OTHER INTANGIBLES) ARISING FROM OR IN ANY WAY CONNECTED WITH THESE TERMS, THE USE OF (OR THE INABILITY TO USE) THE WEBSITE OR THE MATERIALS, THE LICENSED MARKS, OR ANY INFORMATION, GOODS OR SERVICES OBTAINED ON OR FROM THE WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT PORTICO BENEFIT SERVICES IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

14. Privacy Notice
Be sure to review Portico Benefit Services’ Privacy Policy to understand the privacy practices. The Privacy Policy is subject to these Terms and is incorporated by reference herein.

15. Miscellaneous
The website is based in the United States. Access to the Materials may not be legal by certain persons or in certain countries. If you access the website from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.

These Terms will be governed by the laws of the State of Minnesota, without regard to its choice of law provisions. You agree that any action arising out of or relating to these Terms may be brought only in a court of competent jurisdiction in Hennepin County, Minnesota, and you hereby consent to the jurisdiction, venue and convenience of such courts.

Headings in these Terms are for convenience only and shall not be used to interpret or construe its provisions.

If any provision of these Terms is found to be invalid, void or unenforceable by any court having competent jurisdiction, the remainder of these Terms shall remain in full force and effect.

Any waiver of any provision of these Terms will be effective only if it is in writing signed by Portico Benefit Services. No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term.

Security of Data Transmissions and Storage. Electronic (including wired and wireless) communications through Portico Benefit Services website may not be encrypted. You acknowledge that there is a risk that data, including email, electronic and wireless communications and personal data, may be accessed by unauthorized third parties when communicated between you and Portico Benefit Services or between you and other parties.

Notices to Portico Benefit Services, other than as provided herein, can be sent to:
Portico Benefit Services
Attn: General Counsel
800 Marquette Avenue, Suite 1050
Minneapolis, MN  55402

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