Terms of Use

CONSUMER COMMUNICATIONS NOTICE

This Consumer Communications Notice ("Notice") describes some of the ways in which we may communicate with you. As used in this Notice, terms such as "we," "us," or "our," refer to current and future affiliated entities of Mobility Fulfillment or our authorized service providers. This Notice applies when you agree to this Notice or this Notice is made available as a link or otherwise on or through our online and mobile websites, platforms, services, and applications ("Online Services"). This Notice governs (a) electronic delivery of communications about existing programs, products, services, or tools and/or general information via email, websites, and mobile applications (collectively, "Informational Electronic Communications") and (b) informational calls and text messaging ("Informational Calls and Texts"), regarding the programs, products, or services that we make available to you.

You will have the opportunity to customize your preferences for some communications, including delivery options, and to update your telephone number and email address, on the appropriate communications preference page(s) for your Online Service(s). It is your responsibility to provide us with true, accurate, and complete contact information, and to maintain and update promptly any changes. You understand that failing to update your contact information may delay providing you Informational Electronic Communications. You release and hold us harmless from any consequences of your failure to provide us accurate contact information or to update your contact information.

We reserve the right to modify this Notice at any time. The modified Notice will be effective immediately upon posting. Your continued receipt of Informational Electronic Communications and Informational Calls and Texts will constitute your acceptance of the modified Notice.

 

INFORMATIONAL ELECTRONIC COMMUNICATIONS

We may provide you with Informational Electronic Communications. Informational Electronic Communications include, but are not limited to, information about our programs, products, or services that are or may be available to you in connection with your transactions with us, Online Services updates, general service reminders or information, newsletters, and surveys.

Any request to opt-out of receiving Informational Electronic Communications will be effective only after we have a reasonable period of time to process your request. Opt-outs may not apply to certain types of communications, such as account status, Online Service updates, or other communications.

Communications sent electronically may be provided either (1) via email; (2) by access to a website that we will designate in a notice we send to you when the information is available; or (3) by other electronic means. At times, in our sole discretion, we may still send you paper communications in lieu of, or in addition to, sending them electronically.

INFORMATIONAL CALLS AND TEXTS

When you provide us a telephone number, whether landline or mobile, we may contact you, using automated, pre-recorded, or non-automated means, to provide you information about existing programs, products, services, or tools.

Our Online Services may permit you to enroll in text messaging programs. The frequency and content of our text messages will vary by texting program. As part of enrollment, each texting program provides specific information on how to unsubscribe or seek assistance. Our Texting Terms and Conditions, as well as any program specific requirements apply to your interactions with us via text and are incorporated in this Notice by reference.

SITE USE AGREEMENT           

This Agreement is between you and Mobility Fulfillment. (on behalf of itself and its affiliates, referred to as "we," "us," and "our") and governs your use of this web site ("Site"). If you or the organization you belong to has an existing agreement ("Business Agreement") with us, the services you use through this Site are also subject to the terms and conditions of that Business Agreement, incorporated herein, which, together with this Agreement shall constitute the entire agreement between you and us pertaining to your use of our Site.

HOW YOU ACCEPT THIS AGREEMENT

You agree to the terms of this Agreement by using our Site. If you do not agree to these terms, you may not use this Site. We may modify this Agreement at any time with or without notice, by posting it on our Site, and such modification will become effective immediately. You agree to review this Agreement from time to time.

WHAT YOU REPRESENT AND WARRANT TO US

You represent and warrant to us that: (a) you are who you portray yourself to be when you use the Site; (b) your use of the Site has been authorized; (c) you will use the Site only in connection with doing business with us, and in a way that does not disrupt the network connected to the Site; and (d) you have obtained the necessary and proper consents required for you to view, send and/or receive Information (defined below) through our Site.

YOUR OBLIGATION REGARDING USER IDs AND PASSWORDS

You agree to treat your password and User ID as confidential, and to share them only with other person(s) who have a need to use them for your legitimate business purposes with us. You agree that you are solely liable for all actions taken using your password and User ID. If you believe your password or User ID has been accessed by an unauthorized person, contact us immediately so we may deactivate them. You may not attempt to log in with a User ID and password other than your own, and you may only access portions of the Site you are authorized to access. In the event your organization only uses one password and User ID, you agree to keep current written records of who has been provided the password and User ID.

DATA; HARDWARE

You agree to regularly back up your own data and maintain adequate records to be able to replicate any data transmitted through our Site. We are not liable for the content of or any errors in the data transmitted through our Site, or any lost data. You are responsible for obtaining and paying for any hardware, software and/or service necessary to use our Site.

PRODUCTS AND SERVICES; LINKS TO OTHER SITES

Any content (i.e. articles) made available through our site is for educational and informational purposes only. Our mention of specific products or services at this site or inclusion of links to other sites does not constitute or imply a recommendation or endorsement by us, unless we explicitly state it.

CONFIDENTIALITY

You acknowledge that through our Site you may be able to view, send and/or receive confidential information. You shall ensure that access to Information shall be limited to yourself or other(s) that you authorize to have access to the information.

You agree not to use or disclose any of our business information or information regarding our Site (including without limitation information regarding its functionality, options, "look and feel") ("Site Confidential Information") without our prior written permission.

OWNERSHIP, LICENSE AND RESTRICTIONS ON USE OF MATERIALS

As between us and you, all right, title and interest (including all copyrights, trademarks, trade secrets and other intellectual property rights) in all portions of the Site belongs to us. Adobe, the Adobe logo, Acrobat and the Acrobat logo, are either trademarks or registered trademarks of Adobe Systems incorporated into the United States and/or other countries. You are hereby granted a nonexclusive, nontransferable, limited license to view and use information retrieved from this Site solely in connection with doing business with us; provided you do not remove or obscure the copyright notice or other notices that may appear on such materials. Except as expressly provided above, no part of this Site, including but not limited to materials retrieved therefrom and the underlying code, may be reproduced, republished, copied, transmitted, or distributed in any form or by any means. You may link to our home page only. We prohibit linking to other content within our Site without our express written permission.

WHAT WE DISCLAIM

We use reasonable methods to include accurate and up-to-date information on the Site. Because of the possibility of human and mechanical error as well as other factors, WE DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES OF ANY KIND, INCLUDING WITHOUT LIMITATION THOSE OF MERCHANTABILITY, REPRESENTATION ABOUT ITS ACCURACY, COMPLETENESS, OR APPROPRIATENESS OR FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you.

WHAT WE WILL NOT BE LIABLE FOR

WE WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DELAY, DIFFICULTY IN USE, INACCURACY OR INCOMPLETENESS OF INFORMATION, UNAUTHORIZED ACCESS, COMPUTER VIRUSES, MALICIOUS CODE, LOSS OF DATA, COMPATIBILITY ISSUES, OR OTHERWISE. WE WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, SPECIAL INCIDENTAL,

CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES (INCLUDING LOST PROFITS, LOST DATA. COST TO PROCURE REPLACEMENT SERVICES OR GOODS, OR BUSINESS OPPORTUNITIES) ARISING OUT OF YOUR ACCESS TO OR USE OF OUR SITE, OR ANY OTHER LINK WE PROVIDE TO ANOTHER SITE, OR ANY ACTS, OMMISSIONS, DEFECTS, SECURITY BREACHES, OR DELAYS, REGARDLESS OF THE BASIS OF THE CLAIM OR IF WE HAVE BEEN ADVISED OF THE POSSIBLITY OF SUCH DAMAGE OR LOSS.

INDEMNIFICATION

In addition to your obligations, if any, to indemnify us under the Business Agreement, you agree to defend, indemnify and hold us and our affiliates harmless against any claims, losses, damages, expenses or costs (including without limitation reasonable costs of litigation such as attorneys' fees and expert fees) arising from, incurred as a result of, or related to your breach of this Agreement, your unauthorized or illegal use of the Site or the information contained within or transmitted through it, whether you or any other person using your password or User ID.

TERMINATION; GOVERNING LAW; LEGAL JURISDICTION; SURVIVAL

You may terminate this Agreement by providing us written notice of such termination and discontinuing your access or use of our Site. We may terminate this Agreement and your right to access or use our Site, at any time, with or without cause. The laws of the State of California govern this Agreement, without regard to conflict of law principles. You submit to the exclusive jurisdiction of the courts in the State of California and waive any jurisdictional venue or inconvenient forum objections to such court. All provisions, which, by their nature survive, shall survive termination of this Agreement.

BINDING ARBITRATION

By accepting the terms and conditions of this Site Use Agreement, you hereby agree to resolve any disputes or controversy that may arise from this Contract using binding arbitration. Said arbitration shall be in accordance with the rules and procedures in the State of California.  The decision or award by the Arbitrators shall be final, conclusive and binding upon each party and enforceable in a court of law of proper jurisdiction. All costs of arbitration shall be shared equally except that each party shall pay his own legal costs.

VENUE

This Agreement shall be governed by and shall be construed in accordance with the laws of the State of California. Proper legal venue for all matters related to this Agreement is agreed to the state or federal court located in Orange County California. 

SECURITY NOTICE      

We understand that the security of individuals' personal information is important. Our continued success as a mobility service organization relies on our ability to maintain a robust security program consistent with the ethics of privacy and confidentiality.

Security is not a one-time event. Good security is not simple. It is our job to understand, select and deploy a variety of risk mitigation safeguards. We use a complex set of interacting network, application and operating system safeguards including: Firewalls, Intrusion Detection, Alarms, Encryption, ID codes, Passwords, Digital Certificates, Authentication, Secure Messaging, Audits and Tests. When software security improvements are available, we promptly apply them as needed. When new threats are discovered, we evaluate and act. We have resources dedicated to Privacy, Integrity & Security Compliance Services. Absolute security may not exist. Problems can occur anywhere. But we are committed to meeting the security challenge.

We strive to maintain the highest standards of decency, fairness and integrity in our operations. On the Internet, we take a number of measures to authenticate your identity when you access our services. We also take steps to protect sensitive information as it traverses the Internet to and from your desktop. We take steps to make sure all sensitive information is as secure as possible against unauthorized access and use. We also review our security measures periodically. Despite our best efforts, and the best efforts of other firms, "perfect security" does not exist on the Internet, or anywhere else.

AUTHENTICATION  

We use different pieces of information, collectively known as access codes, to properly identify and authenticate you before allowing you secure access to sensitive information. The first piece of information is an initial User ID that is created from personal information.

Once you have a User ID, we will randomly generate the final piece of information; your initial password.

For further security, we store your User ID and password on an encrypted database that is isolated from the Internet.

DATA TRANSVERSING THE INTERNET

Our site uses the highest levels of Internet security. We require the use of a secure browser and take full advantage of its features such as data encryption, Secure Sockets Layer (SSL) protocol, user names, passwords and other tools. The system encrypts the login information and personal information that flows back and forth between you and us.

Encryption is the process of scrambling the information so that it can only be reassembled by the intended recipient. Another person attempting to read the communication will not be able to decipher the information. We use 128 bits for this encryption on our website, the dominant standard for the financial industry, making it virtually impossible for anyone else to read it. You can tell when you are on a secure page by looking at the URL (location or address field in the browser). If it begins with https:// rather than "http://", the page is secure.

It is not our practice to include personal or account information in standard emails that we may send to you over the Internet. To respond to you regarding personal or sensitive matters, we may send you an unencrypted email inviting you back to our site to see our response. While this is not convenient, it is done to protect sensitive information.

LOGOUT AND OUR TIMEOUT FEATURE  

We make use of a secure login and typically advise you to log out of our site as soon as you are finished with your access.

We also use a timeout feature to protect you further. After an extended period of inactivity at our site, we will log you out automatically.

DATA WITHIN OUR WALLS

The personal information our site collects is stored in secure operating environments that are not available to the general public. We employ mechanisms to protect data within our organization. We use Malwarebytes as an endpoint protection platform “EPP” that prevents the latest malware and advanced threats and stops known and unknown exploit attacks.

We also use system and application logs to track all access. We review these logs periodically and investigate any anomalies or discrepancies.

Within our organization, we base access to third-party enrollee information on the sensitivity of the information and our employees' need-to-know. We authorize employees and representatives to use available sensitive enrollee information for authorized business purposes only. Each employee receives a code of conduct that details our requirement for our employees when using this information. Any violation may result in disciplinary action up to and including termination.

ADDITIONAL SECURITY SUGGESTIONS FOR YOU

Although your own security program is, must and should remain your own responsibility, we offer the following suggestions:

Eliminate cached (i.e., temporarily saved) pages before leaving a shared or public computer, at a library or an Internet cafe. Refer to your Web browser for instructions on clearing cache. We recommend that you close the browser you were using before leaving the computer. Protect and never share your access codes with those who do not have a right to use them. Our administrator will never ask you for your password. Do not be duped by malicious emails asking for your password. This is a well-known trick designed to trick you into sharing your password.

Always complete an online session and log out when finished. Be sure to do so before leaving your computer. It is quick and easy and may save your account from unwanted trespassers.

Make sure that you are using an up-to-date version of Internet software (such as Safari or Microsoft Internet Explorer). Versions that are more recent often have enhanced security protection.

If using a browser such as Internet Explorer 5.0 or greater, turn off the AutoComplete feature. This feature remembers enrollee User IDs and passwords, as well as other information you type into web pages that contain forms. When the browser encounters this form again, it will prefill the form with your answers from the last time you accessed the site. This feature could let other users of your computer log in as you. Refer to your Web browser for instructions on turning off IE5.0 Auto Complete feature.

If using Internet Explorer 5.0 or greater, set your temporary browser file setting to refresh your web pages once every browser session. Change this setting prior to logging in, then close and restart your browser. Refer to your Web browser for instructions on refreshing IE5.0 web pages.

We take the security of individual's personal information seriously. We know you do too. If you delegate access to this site to another person, please follow the guidelines listed below:

Advise all users they are bound by the terms of the Site Use Agreement.

Mobility FulfillmentÔ. All rights reserved. Last Revision: February 1, 2018.