Terms & Conditions
Portico Benefit Services
Last Revised Oct. 11, 2022
Notices, Communications, and Electronic Signatures
You agree to accept all communications from the Board of Pensions of the Evangelical Lutheran Church in America, d/b/a Portico Benefit Services (Portico), regarding use of Portico’s website at the address you provide during registration. Please promptly update any changes to your contact information online or by contacting our Customer Care Center at 800.352.2876. Portico 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’s products and services. If you register on Portico’s website, you are granting Portico permission to communicate with you by email.
Portico email communications fall into two categories:
- Transactional emails may include information about your online registration, products and services for which you are registered, and responses to change requests you initiate. You cannot opt out of these emails and may continue to receive them even if you have requested to not receive email marketing offers from Portico Benefit Services.
- Marketing emails may include newsletters and information and special offers about products and services that may be of interest to you. You can opt out of marketing emails at any time. For additional information about declining email from Portico, contact our Customer Care Center at 800.352.2876 or mail@PorticoBenefits.org.
You agree to be bound by any affirmation, assent or agreement you transmit through Portico’s 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.
Please read these terms carefully. By using EmployerLink.PorticoBenefits.org or myPortico.PorticoBenefits.org or by otherwise accessing any content found on this website, you are deemed to have entered into an agreement with Portico 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 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’s internal business purposes, without liability.
Changes to these Terms
Use of Portico Benefit Services’ content and intellectual property protection
License and Use policies
Linking to the website
Links to third-party sites
Claims of copyright infringement
Disclaimer of Warranties
Limitation of Liability
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.
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).
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.
- To provide Portico 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.
- 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.
- To maintain 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, sign ins, passwords, and security questions and answers that result from your negligence, carelessness, misconduct, or failure to use or maintain appropriate security measures.
- To contact Portico immediately if you become aware of any suspicious or unauthorized conduct concerning your accounts, user names, sign ins, passwords, or security questions and answers. Portico 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, 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 is entitled, but not obligated, to review or retain your communications. Portico 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 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 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 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 or third-party licensors. Portico 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. Requests for permission for uses not authorized by these Terms may be sent to:
Portico Benefit Services
Attn: Web Manager
7700 France Ave. S., Ste. 350
Minneapolis, MN 55435-2802
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’s name or trademarks.
The Materials on this website are for information, education, and noncommercial purposes only. 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. License and Use Policies
Portico 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 reserves all rights not expressly granted in these Terms. Except as otherwise stated in these Terms or as expressly authorized by Portico 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 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;
- Upload any Content that violates or infringes any patent, trademark, trade secret, copyright, or any right, of whatever nature, of anyone; or
- Upload any Content that personally attacks or is derogatory toward Portico as an entity, Portico’s employees, Portico’s products or services, or any Portico Materials.
You acknowledge that Portico and/or its vendors may or may not (but are not obligated to) monitor Content, but that Portico 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.
5. Linking to the Website
You may not link to this website unless you comply with these linking conditions. Portico 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. 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.
- Links may be text-based using the words: “Portico Benefit Services,” “EmployerLink”or “myPortico” or graphics-based using Portico’s logo (the “Licensed Marks”), subject to the terms and conditions for use of Portico’s logo.
- You may only link to the home page of the website, unless you receive written permission from Portico. 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 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, 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, 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 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 marks and logos belong to Portico. In addition, you acknowledge the validity of Portico’s ownership in the Licensed Marks and other Portico marks and logos and will not contest such ownership or the validity of any registrations of Portico relating to such marks and logos. You agree that use of the Licensed Marks shall inure to the benefit of Portico. 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 and you will take all actions necessary to affect such vesting.
- You are prohibited from using Portico 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.
- 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 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’s trademarks or service marks or logos for any other reason without the express written permission of Portico. Portico 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 7, 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.
6. Links to Third-Party Sites
7. 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 does not endorse or approve Market Information, and we make it available to you only as a service and convenience. Portico 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 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 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 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 for any purpose related to your business.
Portico’s website content (including Market Information) is for information, education, and entertainment purposes only. Although Portico may provide information relating to investment approaches, you should not construe any Market Information, features, tools, or other content available through any Portico 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 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’s website. In exchange for using information found on Portico’s website, you agree not to hold Portico 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 website.
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 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 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, including any confidential information or any original creative materials such as stories, product ideas, computer code, or original artwork.
9. 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.
You agree to defend, indemnify, and hold harmless Portico 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, or your breach or violation of these Terms. Portico reserves the right to defend any such claim, and you agree to provide Portico with such reasonable cooperation as it may request.
11. 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.
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 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 is not endorsing services provided by any website’s sponsoring organization.
12. 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.
13. Privacy & Legal Notices
Be sure to review Portico’s Privacy & Legal Notices to understand the privacy practices. The Privacy & Legal Notices information is subject to these Terms and is incorporated by reference herein.
14. 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 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 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.
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. 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’s 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 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
7700 France Ave. S., Ste. 350
Minneapolis, MN 55435-2802