PERC

From Pinnacle Claims Management, Inc.

Disclosure & Agreement

EMPLOYEE ENROLLMENT ELIGIBILITY INFORMATION WILL BE REQUIRED NO LATER THAN 5:00 PM (PST) THE TWENTY-FIRST (21st) OF THE PRIOR MONTH IN ORDER TO MAIL AN ACCURATE INVOICE.

IF WE DO NOT RECEIVE YOUR ELIGIBILITY BY 21st DAY OF THE PRIOR MONTH, WE WILL AUTOMATICALLY INVOICE YOU ON THE 22nd DAY OF THE MONTH.

TERMS OF USE
By using the PERC web site or any web site owned and maintained by Pinnacle Claims Management, Inc ("Pinnacle") or its subsidiaries or affiliates (collectively, the "Web Site") you agree to abide by the following Terms of Use.

CONFIDENTIAL AND PROPRIETARY INFORMATION
This Web Site may disclose information, materials, and data that Pinnacle considers confidential and proprietary. Such information, materials, and data include, but are not limited to employee eligibility information, pricing, discounts and any other data held to be confidential or proprietary (the "Confidential and Proprietary Information"). "Confidential and Proprietary Information" does not include any information which you can show through documentary evidence (i) was generally available to the public from a source other than Pinnacle; (ii) becomes known to you through a third party under no obligation of confidentiality; (iii) is required to be disclosed by law, or court or government order. You agree that you will maintain the Confidential and Proprietary Information as confidential and will not copy, disclose to third parties, nor use the Confidential and Proprietary Information for any purpose other than as explicitly allowed in this Agreement.

USE OF MATERIAL
The contents of this Web site are protected by copyright. The collective work of this Web Site may also include work that is the property of others, which work is also protected by copyright or other intellectual property laws. Unauthorized use may violate copyright, trademark, and other laws. Pinnacle authorizes you to view and download material on the Web Site solely for your own use relative to employee eligibility and internal reporting purposes. You may not sell or modify the material, use it for any public or commercial purpose, provide material to a third party or otherwise use it or for carrier or network pricing or discount comparison purposes.

WEB SITE CONSENT POLICY
The PERC web site is owned and operated by Pinnacle. Please carefully/completely read the following terms and conditions before using PERC. The terms of use set forth a variety of information including, but not limited to Pinnacle disclaimers of warranty, privacy policies and limitations of liability. By using PERC and the links accessible through this site, you expressly agree to be bound by these terms and conditions and any other terms and conditions set throughout PERC site. Pinnacle is not responsible for the privacy practices or the content of other parties' links through PERC. The information, materials, and resources contained on and accessible through PERC are made available to you by Pinnacle and its suppliers/vendors, subject to your agreement to the terms and conditions listed herein. As the user of PERC, you assume full risk and responsibility of any and all use of this site including the information presented on this site. With the use of PERC it is the sole responsibility of each Employer/Company to maintain/house all original printed material, forms; and/or documents related in any way to Employee enrollment, termination, additions, changes and enrollment cards for a minimum of six (6) years or any longer period required by law. At the end of the required period, the Employer /Company shall notify Pinnacle of the scheduled destruction of such documents. All destruction of such documents shall be at Employer/Company's expense. Such documents, during normal business hours, shall be available to Pinnacle, its authorized representative, or a duly authorized and properly identified government authority, for purposes of clarification, compliance, and/or audits. Materials requested by Pinnacle must be furnished within two (2) business days. Failure to maintain such compliance could have legal/financial exposures that will be the sole responsibility of the Employer/Company. You understand and accept the terms and conditions of these entities through Pinnacle.

LIMITATIONS OF LIABILITIES
At times, the terms of this Policy may change. We reserve the right to change any/all of this Policy without notice to our users. To the maximum extent permitted by applicable law, in no event shall Pinnacle or its suppliers/vendors be liable for any direct, indirect, special, punitive, incidental, exemplary or consequential damages or any damages whatsoever, resulting from any loss of use, data or profits, business interruptions, litigation or any other pecuniary loss whether based on breach of contract, tort (including negligence), product liability or otherwise arising out of or in any way connected with the use or performance of PERC, with the delay or inability to use PERC or with the provision of or failure to make available any information, services, products, materials or other resources contained or accessible through PERC, even if advised of the possibility of such damages. You acknowledge and agree that the limitations set forth above are fundamental elements of this agreement and the site would not be provided to you absent of such limitations.

PRIVACY STATEMENT
All information on this site is kept confidential and protected. However, please be aware that it may be necessary in some cases for Pinnacle to provide information to its contractors or representatives in order to respond to your inquiry/issues. Information provided through our site will not be sold, or transmitted outside Pinnacle and affiliated Companies involved in administering or providing services for our health benefit plans, unless you or your representative expressively authorizes us to do so. Disclosure of information shall be limited to the purpose for which it was collected unless otherwise authorized by law. This product is secure and HIPAA compliant.

DISCLAIMER
Information, services, products, materials, and other resources on PERC are provided AS IS, AS AVAILABLE without warranty of any kind, either expressed or implied. No warranty or representation is made that the information on this site is error/interruption-free or timely. Pinnacle will attempt to keep, the information and the resources contained on or accessible through this site both timely and accurate. Pinnacle makes no guarantees and disclaims any implied warranty or representation about the information or resources' accuracy, relevance, timeliness, completeness or appropriateness for a particular purpose.

CHANGES TO THIS SITE
Information on PERC may be changed or updated without notice. Pinnacle along with its vendors/suppliers have no obligation to update information presented on PERC, so information contained herein may be out of date at any given time. Pinnacle may also make improvements and/or changes in the products and/or programs described in this information at any time without notice. Pinnacle may change/modify information; services, materials, and any other resources contained on/or accessible through this site, or discontinue this site all together, at any time without notice.