Acumen Fiscal Agent Electronic Enrollment System Terms and Conditions
Acumen Fiscal Agent is a Utah based company organized under the laws of Utah with principal offices in Mesa, Arizona and hereinafter referred to as Acumenand agrees to provide an online enrollment portal for clients, their representatives and their employees authorized to work in programs contracted with Acumen and services under the following terms and conditions.General Provisions
If any provision of these Terms and Conditions is held unenforceable, then said provision will be modified according to standard practices and laws and all remaining provisions of these Terms and Conditions shall remain in full force and effect.Acceptance of Agreement
In addition, by accessing the Site/Service, you consent to receive this agreement in an electronic format.
Users agree to release Acumen and all Acumen affiliated parties from any and all claims regarding any misstatements and misrepresentations made by any Users of the Site/Service.Service and Definitions
Acumen Fiscal Agent’s Electronic Enrollment is a portal for authorized Acumen Fiscal Agent clients and their employees to enroll to receive fiscal agent services through Acumen. All services must be properly authorized by a program contracted with Acumen.User Eligibility
Users of Acumen Fiscal Agent’s Electronic Enrollment attest that they are authorized to participate in a program contracted with Acumen Fiscal Agent and meet all the criteria established by that program.
Users hereby agree to report any alleged improprieties of any Users to Acumenimmediately by emailing Userservice@acumen2.net. Acumenreserves the right to suspend and/or terminate with or without notice the membership of any User whom it believes to have been provided false information when registering for and/or using the Site/Service, and each User agrees to make no further use of the Site/Service after termination and/or during suspension.Prohibited Uses
Users are prohibited from violating or attempting to violate any security features of Acumen Fiscal Agent’s Electronic Enrollment, including, without limitation, (a) accessing content or data not intended for them, or logging onto a server or account that they are not authorized to access; (b) attempting to probe, scan or test the vulnerability of the Site/Service, or to breach security or authentication measures without proper authorization; (c) interfering or attempting to interfere with service to any User, host, or network, including, without limitation, by means of malware, overloading, “flooding,” “spamming,” “mail bombing,” or “crashing;” (d) using the Site/Service to send unsolicited email, including, without limitation, promotions, or advertisements for products or services; (e) forging any TCP/IP packet header or any part of the header information in any email or in any posting using the services; or (f) attempting to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by Acumen in providing the Site/Service.Modifications
Acumenmay, in its sole discretion, for any reason or no reason, with or without notice terminate or suspend User accounts and their access to the Site/Service, remove User profiles and/or any content posted by or about Users from the Site/Service without refund to the User.Assignment
The User may not assign, delegate or otherwise transfer these Terms and Conditions or any of its rights or obligations hereunder without notification being made to Acumen Fiscal Agent. If the transfer of these Terms and Conditions results in any changes or modifications, all changes must be done so in writing and signed by both parties. Acumenmay assign these Terms and Conditions or any of its rights or obligations hereunder, upon notice to the User, to a related or unrelated person in connection with a sale, consolidation or other reorganization of Acumen Fiscal Agent’s Electronic Enrollment business, in whole or in part.Limits on Liability
ACUMEN SHALL NOT BE LIABLE TO THE USER OR ANY OTHER USER OR THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES.Force Majeure
Acumen will not be liable for any failure or delay in performing an obligation under these terms and conditions that is due to causes beyond its reasonable control, such as natural catastrophes, governmental acts or omissions, laws or regulations, labor strikes and/or difficulties. Under no circumstances shall economic considerations delay or excuse on behalf of either party, either party’s performance or be considered an event of “force majeure.”Copyright
The Site/Service contains material protected by the domestic and international laws of copyright and other proprietary rights and laws. All information, materials and content, including without limitation text, graphics, data, formatting, graphs, HTML, layout and look and feel, photographs, music, sounds, images, software, videos, designs, typefaces and other content (collectively “Proprietary Material”) on the Site/Service is owned by Acumenor is used with permission. This Proprietary Material is protected in all forms, media and technologies now known or hereinafter developed. Acumenalso owns the coordination, selection, arrangement and enhancement of such Proprietary Materials as a collective work and/or compilation under the United States Copyright Act, as amended. Any use of Proprietary Material, other than as permitted herein, is expressly prohibited without the prior permission of Acumenand/or the relevant right holder.
User may not copy, reproduce, download, use, modify, alter, distribute, redesign, reconfigure, or retransmit anything from the Site/Service without Acumen’s prior express written permission. Furthermore, User is not allowed to copy, reproduce, download, use, modify, alter, distribute, redesign, reconfigure, or retransmit any User information that User does not own, or which User does not have permission to use.Trademark
The service marks, trademarks, logos and trade names appearing on this Site/Service are owned by Acumenor are appearing on the Site/Service with permission of the respective owners, and User acknowledges the rights of Acumenand the respective third parties therein. User may not copy or use any of these service marks, trademarks, logos or trade names without the prior written permission of the owner.Civil Liability and Criminal Penalties
Violation of this policy may result in the infringement or violation of copyright, trademark or other intellectual property rights, subject User to termination or suspension from the Site/Service, and/or subject User to civil liability and/or criminal penalties.Indemnification
The User shall indemnify and hold harmless Acumen and their affiliated parties from and against any and all claims, lawsuits, actions, losses, damages, expenses, demands, or liability. These expenses shall include attorney’s fees and costs incurred in connection with any claim by a third party, including but not limited to, claims for intellectual property infringement, bodily injury, death or damage to property arising out of the negligence or willful misconduct of the User during its performance of services under these Terms and Conditions, in addition to use or misuse of, or inability to use, the Site/Service; any materials and content Users submit, post or transmit through the Site/Service; User’s violation of these Terms and Conditions of the Site/Service or a User’s violation of any rights of a third party; User’s interactions with or conduct towards any other Users; or a User’s violation of any applicable law, rules or regulations and will pay the amount of any resulting adverse final judgment (or settlement to which the parties consent). When seeking indemnification, Acumenwill (i) promptly notify the User in writing, specifying the nature of the action, and (ii) cooperate with the User in all reasonable respects in connection with the defense of any such action; provided that the User shall make no settlement involving consideration, concessions or contracts other than the payment of money and the exchange of releases without Acumen’s consent, which consent shall not be unreasonably delayed or withheld. Acumen and their affiliated parties reserve the right, at their own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by Users.Governing Law
Utah law governs the Terms and Conditions for Acumenas well as any claims, causes of action or disputes that may arise between the Users of the Site/Service andAcumen, without regard to conflict of provisions of the law. Users agree and consent to the exclusive jurisdiction and venue of the state and federal courts of the State of Utah, County of Utah and City of Orem, and hereby submit to the jurisdiction thereof, for any and all causes of action that they may bring againstAcumen. Notwithstanding the foregoing, Acumenshall have the right to bring proceedings in any other court having jurisdiction where User is resident from time to time in order to enforce these Terms and Conditions.Independent Parties
User’s use of the Site/Service and/or information in these Terms and Conditions alone do not make the User legally affiliated with Acumenin any way. The User is in no way an independent contractor, partnership, joint venture, agent, legal representative, employer-employee or franchiser-franchisee relationship with Acumen. Conversely use of this site alone does not make Acumenan independent contractor, partnership, joint venture, agent, legal representative, employer-employee or franchiser-franchisee relationship with the User. As such, User shall not have, or hold out to any third party as having, any authority to make any statements, representations or commitments of any kind, or to take any action, that shall be binding on Acumen, except as provided through additional agreements and authorized in writing by Acumen. Acumenis not an employment service or agency, does not serve as an employer of the User or Employee and does not recruit Users/Employees for employment, secure employment for Users or evaluate or test Users for employment purposes.Warranty
Acumen does not warrant that the User’s use of the services will be secure, uninterrupted, error free, or will meet User requirements.Limits of Liability
Acumen provides its Site/Service “as is” and on an “as available” basis. Use of this Site/Service is at the User’s own discretion and risk.
Acumen grants no warranties of any kind, whether expressed or implied, statutory or otherwise with respect to the Users, the services provided, the Site/Service itself, or any information contained within the Site/Service. Acumendoes not grant any implied warranties of merchantability, fitness for a particular purpose, or non-infringement. Acumendoes not warrant the accuracy, adequacy or completeness of any information or materials on the Site/Service. Acumendoes not warrant that use of the Site/Service or the information contained within the Site/Service will be secure, uninterrupted, error-free, available, accurate, or that any defects in the Site/Service will be corrected. Acumenmakes no warranties about the connectivity and continued availability of the Site/Service.
Users agree to release Acumen and their affiliated parties from any claims, demands, damages, liability, costs, or expenses of every kind and nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with any claim or controversy that may arise from any disputes between Users.
In no event will Acumen or their affiliated parties be liable for any damages whatsoever, whether direct or indirect, general, special, compensatory, consequential, and/or incidental, arising out of or relating to the conduct of Users or anyone else in connection with the use of the Site/Service, including without limitation, bodily injury, emotional distress, and/or any other damages resulting from interactions with other Users of the Site/Service, regardless of whether interactions occur online or offline, Users’ reliance on information or other content available on the Site/Service or transmitted between Users and reviews or comments made about Users on the Site/Service by other Users.
Users only right and remedy in the case of dissatisfaction with the Site/Service or any other grievance shall be the termination of their account and discontinuation of access to, or use of the Site/Service.