These Terms of Use (“Terms of Use”) apply to the website at www.milliman.com (the “Site”). The Site is provided by Milliman, Inc. for informational purposes only. Use of the Site is subject to the Terms of Use. By continuing to access or use the Site, you agree to be bound by the Terms of Use. Should you disagree with any of the Terms of Use, you must refrain from accessing the Site.
Eligibility
This Site is not available to minors. It is intended for use only by adults. To access the Site, you must be at least 18 years of age and possess the legal authority to form legally binding contracts.
Proprietary and copyright protected information
All material and content accessible on the Site, including without limitation (a) text, images, photographs, graphics, stories, indices, reports, research, guidelines, information, data, articles, descriptions, studies, position papers, instructions, advice, documents, templates, and other works of authorship, (b) samples and demos, (c) technology, designs, methods, ideas, concepts, know-how, techniques, and (d) software, source code, architecture, hidden text and symbols, user interfaces, look and feel, visual interfaces, layout, design, graphics, arrangements, structure, selection, coordination, and expression (all of the foregoing is referred to collectively as the “Content”) is the proprietary information of Milliman and its licensors, and Milliman and its licensors retain all right, title, and interest in and to the Content now or in the future. This Site, including all Content, is protected by trade dress, copyright, patent and trademark laws, and various other U.S. and international laws.
You agree to comply with all copyright laws, related laws, and international agreements worldwide in your use of this Site, and agree that the Site and Content may not be copied, distributed, republished, altered, uploaded, posted, publicly displayed, encoded, translated, or transmitted in any way, in whole or in part, without the prior written consent of Milliman. If Milliman grants written consent, you may not remove or alter any copyright, trademark or other proprietary notice appearing on any of the Content.
You may not use any deep-link, page-scrape, robot, spider or other device, program, algorithm or methodology, or any similar manual process, to access or copy any portion of the Site or Content. No intellectual property rights are transferred to you by access to this Site or otherwise.
Restrictions on use
You may use this Site and the Content solely for informational, non-commercial, personal purposes. You may not use the Site or the Content for any purpose not expressly permitted in these Terms of Use. You may not co-brand, frame or mirror this Site or any Content.
Third-party Sites
This Site may be hyperlinked to other sites which are not maintained by, reviewed by, affiliated with, or related to, Milliman. Hyperlinks to such sites are provided as a service to you and Milliman is not responsible for the content of the sites. Hyperlinks are accessed at your own risk.
Rules for external links to Site
Milliman welcomes links to this Site. You may establish a hypertext link, provided that the link does not state or imply any sponsorship or endorsement of your products or your site by Milliman. You may not frame or otherwise incorporate into another site any of the Content on this Site. Milliman may revoke this consent at any time and for any reason. If you do link to the Site, you should be aware that internal pages change frequently and without notice, and your link may be repositioned or deleted as a result.
Privacy
Milliman’s Privacy Policy applies to use of this Site, and its terms are made a part of these Terms of Use by this reference. To view the Privacy Policy, click here.
Submissions
You hereby grant to Milliman, its successors, assigns and designees, the royalty-free, perpetual, irrevocable, worldwide, nonexclusive and transferable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display all content, materials, data, remarks, suggestions, ideas, or other information communicated to Milliman through or about this Site (together, the “Submission”), or any portion thereof, and to incorporate any Submission in other works in any form, media, or technology now known or later developed. Milliman will not be required to treat any Submission as confidential, and may use any Submission in its business (including without limitation, for products/services or advertising) without incurring any liability for royalties or any other consideration of any kind, and will not incur any liability as a result of any similarities that may appear in future Milliman products, services, advertising, or operations.
No reliance
The Content is provided on a gratis basis for informational purposes only and may not be relied upon for any purpose. The Content should not be used to replace any guidelines, advice, reports, procedures, statements, or other information provided by Milliman. The Content does not constitute financial, accounting, consulting, retirement, actuarial, investment, clinical, medical, legal, tax or any other type of professional advice, and should be used only in conjunction with appropriate professional advisors who have full knowledge of the your situation. Professionals and other persons should use the Content in the same manner as any other educational medium and should not rely on the Content to the exclusion of their own professional judgment or otherwise.
Milliman may use the services of third parties to provide information on the Site. Milliman has no control over this information and you acknowledge Milliman bears no responsibility for such information.
In exchange for using this Site, you agree not to assert any claim against Milliman arising from any decision you make based on information made available to you or obtained through the Site, and not to assert any other claim based on your use of this Site.
Local restrictions
The Content is not intended for distribution to, or use by, any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation. All users accessing the Site do so on their own initiative and are responsible for compliance with applicable laws and regulations. The Site is not directed to any person in any jurisdiction where the publication or availability of the Site is prohibited, by reason of that person’s nationality, residence, age, or otherwise. Persons under these restrictions must not access the Site.
Disclaimers
MILLIMAN DOES NOT WARRANT THAT THE SITE OR ANY CONTENT OR FEATURE OF THE SITE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE SITE WILL PROVIDE SPECIFIC RESULTS. THE SITE AND ITS CONTENT ARE DELIVERED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. MILLIMAN DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, COMPLETENESS, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. YOUR SOLE REMEDY AGAINST MILLIMAN IS TO STOP USING THE SITE AND ITS CONTENT. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN YOU AND MILLIMAN.
Milliman does not guarantee or warrant that files available for downloading from the Internet will be free of viruses, worms, Trojan horses or other code that may manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your requirements for accuracy of data input and output, and for maintaining a means external to this Site for the reconstruction of any lost data. Milliman does not assume any responsibility or risk for your use of this Site or its Content.
Limitation of liability and indemnity
Your use of this Site and its Content is entirely at your own risk and you assume full responsibility and risk of loss resulting from the use thereof.
The transmission of information via the internet, including without limitation email, is susceptible to monitoring and interception. You bear all risk of transmitting information in this manner. Under no circumstances shall Milliman be liable for any loss, harm, or damage suffered by you as a result thereof.
Neither Milliman, its affiliates, shareholders, subsidiaries, consultants or employees shall be liable for any damages whatsoever, including without limitation any direct, indirect, special, incidental, consequential or punitive damages, including lost profits, however arising (whether arising out of contract, statute, or otherwise) related to the use of, or the inability to access or use the Site or any Content or feature of the Site, or of any linked Site, even if Milliman knows or should reasonably have known or is expressly advised thereof.
If, notwithstanding the other provisions of these Terms of Use, Milliman is found to be liable to you for any damage or loss which arises out of or is in any way connected with your use of the Site or any Content, Milliman’s liability shall in no event exceed the greater of (1) the total of any fees paid by you with respect to any service or feature of the Site in the six months prior to the date of the initial claim made against Milliman (but not including the purchase price or license fee for any Milliman services or products), or (2) US$100.00. If you live in a jurisdiction that does not allow limitations of liability, the foregoing limitation may not apply to you.
You agree to indemnify and hold Milliman, its officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries and affiliates, harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against them by any third party due to or arising out of or in connection with your use of the Site or its Content.You expressly waive and renounce all your rights of whatever nature that you may have against Milliman for any loss suffered by you as a result of your use of the Site or its Content.
Other agreements
If there is any conflict between the Terms of Use and any license agreement or other agreement between you and Milliman, such other agreement will govern.
Trademarks
Milliman® is a registered trademark of Milliman, Inc. Other trademarks, service marks, and logos appearing in this Site are the property of Milliman or its licensors. Milliman and its licensors retain all rights with respect thereto. Nothing on this Site shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark, service mark or logo displayed on the Site, and you may not use any metatags / meta elements or other hidden text or code utilizing any such marks.
Security
Passwords used for this Site, if any, are for individual use only. You will be responsible for the security of your password. Milliman will be entitled to monitor your password and, at its discretion, require you to change it.
You are prohibited from compromising Site security or tampering with Site accounts. The use of tools designed for compromising security (e.g., password-guessing programs, cracking tools or network probing tools) is strictly prohibited. If you become involved in any violation of system security, Milliman reserves all rights available in criminal and civil law, as well as the right to release your details to system administrators at other sites in order to assist them in resolving security incidents. Milliman reserves the right to investigate suspected violations of these Terms of Use by any lawful means.
Milliman reserves the right to cooperate fully with any law enforcement authorities or court order requesting or directing Milliman to disclose the identity of anyone violating the law or these Terms of Use.
By accepting these Terms of Use you waive and hold harmless Milliman from any claims resulting from any action taken by Milliman during or as a result of its investigations and/or from any actions taken as a consequence of investigations by either Milliman or law enforcement authorities.
International Users and choice of law
This Site is controlled, operated and administered by Milliman from its offices within the United States of America. Milliman makes no representation that this Site is appropriate or available for use at locations outside of the United States and access to it from territories where its Content is illegal is prohibited.
You agree that all matters relating to the Terms of Use and your access to or use of the Site, including all disputes, will be governed by the laws of the United States and by the laws of the State of Washington without regard to its conflicts of laws provisions. You agree to the personal jurisdiction of and venue in the state and federal courts in King County, Washington, and waive any objection to such jurisdiction or venue.
Access to this Site
To access this Site or some of the resources it has to offer, you may be asked to provide certain registration details or other information. It is a condition of your use of this Site that all the information you provide on this Site will be correct, current, and complete. If Milliman believes the information you provide is not correct, current, or complete, Milliman reserves the right to refuse you access to this Site or any of its resources, and to terminate or suspend your access at any time. In addition, Milliman reserves the right to terminate your access to this Site at any time and for any reason.
Use of samples and demos
Any samples and demos made available on the Site are for evaluation purposes. You may use these samples and demos solely at your own risk and only for the purpose of evaluating the underlying products. Once your evaluation is complete, you may not retain any copy, electronic or otherwise, in whole or in part of any sample or demo.
Notices
Except as expressly stated otherwise, any notices shall be given by email to susan.puz@milliman.com (in the case of Milliman) or to the email address you have provided to Milliman (in your case), or such other address that has been specified. Notice shall be deemed given 48 (forty-eight) hours after an email is sent, unless the sending party is notified that the email address is invalid. Alternatively, Milliman may give you notice by registered mail, postage prepaid and return receipt requested, to the address you have provided to Milliman. In such case, notice shall be deemed given 7 (seven) days after the date of mailing.
You acknowledge that all agreements, notices or other communication required to be given pursuant to applicable laws or these Terms of Use may be given via electronic means and that such communications shall be “in writing.” A written notice or communication actually received by a party shall be an adequate written notice or communication to it, notwithstanding that it was not sent to or delivered at its chosen address(es) for that purpose.
Designated agent for notice of infringement claims
Milliman respects the intellectual property of others, and we ask our Site users to do the same. If you believe that your intellectual property has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, please provide Milliman’s Agent for Notice listed below with the following information in a written notice:
1. A description of the copyrighted work or other intellectual property that you claim has been infringed;
2. A description of where the material that you claim is infringing is located on the Site, with enough detail that we may find it on the Site;
3. Your address, telephone number and e-mail address;
4. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law;
5. A statement by you under penalty of perjury that the information in your notice is accurate and that you are the copyright or intellectual property owner or are authorized to act on the copyright or intellectual property owner’s behalf;
6. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest.
Milliman’s designated Agent for Notice of claims of copyright or other intellectual property infringement can be reached as follows:
Name of Agent for Notice: Susan Puz, Chief Compliance Officer
By mail: 1301 Fifth Ave, Suite #3800, Seattle, Washington USA 98101
By phone: (206) 624.7940
Send an e-mail to the Agent for Notice.
Attachments will not be accepted. Accordingly, any notification of infringement submitted electronically with an attachment will not be received or processed.
Changes
Milliman reserves the right to change, modify, add or remove any portion of these Terms of Use in whole or in part, at any time. Changes will be effective when posted. Your continued use of the Site after any changes to the Terms of Use will be considered acceptance of those changes. Milliman may terminate, change, suspend or discontinue any aspect of the Site, including the availability of any features of the Site, at any time. Milliman may also impose limits on certain features and services or restrict your access to part or all of the Site without notice or liability.
Electronic signature
You agree to be bound by any affirmation, assent or agreement you transmit by computer or other electronic device. You agree that, when 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.
Regardless of any electronic signature, you agree that use of this Site and the Content is subject to the Terms of Use and that you are bound by the Terms of Use.
Miscellaneous
If any part of the Terms of Use is unlawful, void or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions. The Terms of Use, together with the Privacy Policy, constitute the entire agreement between you and Milliman relating to your use of the Site. References to “Milliman,” “we,” “us,” and “our” are references to Milliman, Inc.
Last updated: November 1, 2016
Copyright© 2016 Milliman, Inc.
