ALEX Terms of Service
OK, first some language the lawyers require us to start with:
This Agreement (the “Agreement”) between The Jellyvision Lab, Inc. (“Jellyvision,” “we,” or “us”) and you (“you”) states the terms and conditions under which you may access and use the ALEX® benefits communication software platform, including, but not limited to, any website on which an ALEX module is made available (collectively, the “Software”).
Phew. We’ll try to keep the rest of this Agreement as clear as a take-out menu, but the lawyers will be back in a few sections, which will be called out when we get there.
1. First, thank you. Thanks for permitting ALEX the opportunity to help you make decisions you may face. Depending on which module you use, ALEX may provide a summary of certain benefits made available to you through your job and, where applicable, gives you feedback to help you select among the various options presented to you. To be clear, when benefits are involved, ALEX is only a summary of benefits, and ALEX recommends that you review with care your actual plan documents before making any decision.
2. Follow up. If after visiting with ALEX you have any questions on benefits, you should contact your employer or the plan administrator for more information about your benefits and the plan. If there is any conflict between the information provided in the Software and the provisions of any plan document, the plan document is what you should rely on. Your employer may have the right to make changes to the plan at any time in its sole discretion.
3. Your license to ALEX. So long as you don’t violate any part of this Agreement, Jellyvision grants you a non-exclusive and non-transferable license to use the Software solely for your personal and non-commercial use. You may not copy, change, distribute, publicly display, or otherwise exploit the Software except as specifically stated in this Agreement.
4. Jellyvision’s ownership of ALEX. We own ALEX as a whole and every piece belongs to us– whether the art, words, computer code, music, or any other part. If you make a suggestion to us for any type of addition or other change to ALEX (an “Idea”), you agree that Jellyvision shall own that Idea and you are not entitled to any money, credit, or other compensation – but, if you provide a good Idea, you have our thanks, and the thanks of millions of ALEX users.
6. What you won’t do. You promise that you won’t attempt to:
- modify, disrupt, or interfere with the Software;
- use the Software for any purpose (including any commercial purpose) other than your personal education; or
- directly or indirectly provide access to the Software to anyone other than a member of your immediate family.
7. Other sites or resources. Sometimes, ALEX might refer you to a non-Jellyvision website or other resource. You understand and agree that Jellyvision is not responsible for these third-party resources. Use of such resources is your choice and responsibility, and you assume all risk for such use. Also, use of such resources may require your acceptance of that third party’s own terms and conditions.
8. DISCLAIMER OF WARRANTY. OK, here’s where our lawyers again require fancier words. And all caps. We promise they’re not yelling at you, just trying to emphasize important points. YOUR ACCESS TO AND USE OF THE SOFTWARE OR ANY CONTENT IS AT YOUR OWN RISK. YOU UNDERSTAND AND AGREE THAT THE SOFTWARE IS PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS. WITHOUT LIMITING THE FOREGOING, JELLYVISION (FOR ITSELF AND ITS LICENSORS, LICENSEES, AND CLIENTS) DISCLAIMS ANY WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THOSE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. THESE DISCLAIMERS WILL APPLY UNLESS APPLICABLE LAW DOES NOT PERMIT THEM. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WHATEVER THE LEGAL BASIS FOR THE CLAIM, WE MAKE NO WARRANTY AND DISCLAIM ALL RESPONSIBILITY AND LIABILITY FOR THE COMPLETENESS, ACCURACY, AVAILABILITY, TIMELINESS, SECURITY OR RELIABILITY OF THE SOFTWARE OR ANY CONTENT THEREIN. WE MAKE NO WARRANTY THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM JELLYVISION OR THROUGH THE SOFTWARE, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
9. Retirement and Financial Wellness modules. To the extent the Software contains retirement or financial wellness information, please know that ALEX is designed to provide you with a general education on retirement plans and personal financial wellness. ALEX is not intended to be legal, tax, investment or accounting advice. Any calculator or financial modeling tools provided within these modules are designed to be informational and educational only; any results presented are hypothetical. Jellyvision does not warrant the accuracy of this information or its applicability to your particular circumstances – rather, Jellyvision specifically disclaims any such warranties and any other liability arising out of the Software.
10. LIMITATION OF LIABILITY. One more section courtesy of the lawyers. Here come the all caps, again.
a. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, JELLYVISION AND ITS OFFICERS, EMPLOYEES, AGENTS, CLIENTS, LICENSEES, AND LICENSORS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SOFTWARE; (ii) ANY CONTENT OBTAINED FROM OR RELATED TO THE SOFTWARE; (iii) INJURY TO PERSON OR PROPERTY (INCLUDING DEATH); OR (iv) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR USER CONTENT. THIS LIMITATION OF LIABILITY APPLIES WHETHER A CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, WHETHER OR NOT JELLYVISION HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN (IF ANY) IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
b. YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH JELLYVISION RELATED TO THIS AGREEMENT OR THE SOFTWARE SHALL BE CEASING USE OF THE SOFTWARE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN THE EVENT A COURT AWARDS DIRECT DAMAGES DESPITE THE FOREGOING, SUCH DAMAGES SHALL NOT EXCEED THE LESSER OF $5.00 OR THE AMOUNT PAID ON YOUR BEHALF TO JELLYVISION FOR THE SOFTWARE. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
11. Term. This Agreement shall start when you first start using the Software. Jellyvision may at any time and for any reason, suspend or terminate this Agreement with or without prior notice. Once the Agreement is terminated, you shall stop any use of the Software.
12. Changes to Agreement. Jellyvision may modify this Agreement at any time, and you agree to be bound by such modifications. Any such modification will be effective immediately – or, where required by law, up to 30 days after publication. Your continued use of the Software after any modifications to this Agreement are posted will constitute your acceptance of such changes. If you object to any modification, your sole recourse shall be to stop using the Software.
a. Entire agreement. This Agreement states your entire agreement with Jellyvision regarding use of the Software. If any part of this Agreement is held invalid or unenforceable, that portion shall be construed in accordance with applicable law as nearly as possible to reflect the original intention of the parties, and the rest of this Agreement shall remain in force.
b. Waiver. No delay or failure to take action under this Agreement shall constitute any waiver by Jellyvision of any provision of this Agreement.
c. Disputes. This Agreement shall be governed by the laws of the State of Illinois without regard to its conflict of laws rules. You expressly agree that exclusive jurisdiction for any claim or dispute with Jellyvision or affiliates or relating in any way to your use of the Software resides exclusively in the courts of Illinois, and you further consent and agree to personal jurisdiction by the state and federal courts sitting in the State of Illinois, Cook County, in connection with any such dispute.
d. Time limit. Any cause of action by you must be instituted within one year after the claim or cause of action has arisen, or such claim shall be barred.
e. Effect of termination. Sections 8 and 10 of this Agreement, as well as all obligations and restrictions placed upon you by this Agreement, shall survive termination of the Agreement.
f. Assignment. This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Jellyvision without restriction.
14. Questions? If you have any questions about this Agreement, please contact us at email@example.com or write to us at:
The Jellyvision Lab, Inc.
848 W. Eastman St.
Chicago, IL 60642
Last Updated: May 21, 2018