Terms of use


This Web site is provided by Milliman, Inc. for informational purposes only. Use of this site is subject to these Terms of Use ("Terms of Use"). By continuing to access or use our Web site, you (the User) agrees to be bound by the Terms of Use. Should you disagree with any of the Terms of Use, you must refrain from accessing the Website and/or using our services.

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. If you are under the age of 18, you must obtain your parents’ or legal guardians’ advance authorization, permission and consent to be bound by these Terms of Use.

Content of the website

Milliman reserves the right to make improvements, to change or to discontinue, without notice, any aspect or feature of the Website and any information or content on the Website. Milliman reserves the right to change and amend the services, prices and rates quoted on this Website from time to time without notice.

Milliman may use the services of third parties to provide information on the Website. Milliman has no control over this information and makes no representations or warranties of any nature as to its accuracy, appropriateness or correctness. The User agrees that such information is provided “as is” and that Milliman and its online partners shall not be liable for any losses or damages that may arise from the User’s reliance on it, howsoever these may arise.

Milliman makes no representations or warranties, whether express or implied, as to the accuracy, completeness or reliability of any information, data and/or content on the Website, including without limitation:

Milliman does not warrant that the Website or information or downloads shall be error free, or that, they shall meet any particular criteria of performance or quality. Milliman expressly disclaims all implied warranties, including without limitation, warranties of merchantability, fitness for a particular purpose, non-infringement, compatibility, security and accuracy;

Whilst Milliman has taken reasonable measures to ensure the integrity of the Website and its contents, no warranty, whether express or implied, is given that any files, downloads or applications available via this Website are free of viruses, or any other data or code which has the ability to corrupt, damage or affect the operation of the User’s system. Milliman disclaims any responsibility for the verification of any claims. Information published on this Website may be done so in the format in which Milliman receives it and statements from external parties are accepted as fact.

Proprietary and copyright protected information

All material and content accessible on this site, including without limitation (a) text, images, photographs, stories, indices, reports, research, guidelines, information, data, articles, descriptions, studies, position papers, and other works of authorship, (b) samples and demos, (c) technology, designs, methods, ideas, concepts, know-how, techniques, documents and templates, and (d) software, source code/s, architecture, hidden text and symbols, User interfaces, look and feel, layout, design, graphics, arrangements, and get-up (all of the foregoing is referred to collectively as the "Content") is the proprietary information of Milliman, and Milliman retains all right, title, and interest in the Content now or in the future. This site, including all Content, is copyrighted and protected by local and international copyright laws and treaty provisions.

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, translated, or transmitted in any way, in whole or in part, without the prior written consent of Milliman. In doing so, you may not remove or alter any copyright, trademark or other proprietary notice appearing on any of the Content. You may not co-brand, frame, or mirror this site or any 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 or frame this site.

Milliman authorises you only to view, copy, temporarily download to a local drive and to print the content of this Website, or any part thereof, provided that such content is used for personal purposes and for information purposes only, and such content is used for noncommercial purposes.

Third-party Sites

This site may be hyperlinked to other sites which are not maintained by, or related to, Milliman. Hyperlinks to such sites are provided as a service to you and the sites are not sponsored by or affiliated with this site or Milliman. Milliman has not reviewed the sites and is not responsible for the content of the sites. Hyperlinks are accessed at your own risk, and Milliman makes no representations or warranties about the content, completeness or accuracy of the hyperlinks or the sites hyperlinked to this site.

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 Web site any of the content or other materials on the Milliman 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.

Submissions

You hereby grant to Milliman the royalty-free, perpetual, irrevocable, worldwide, nonexclusive 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, graphics, or other information communicated to Milliman through this site (together, the "Submission"), 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.

Submissions may not include any content which is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane or hateful, or racially, ethnically or otherwise objectionable content of any kind. Milliman reserves the right to remove and/or report any such objectionable content described above, to the relevant authorities.

No reliance

The Content is provided 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 notices provided by Milliman. The Content does not constitute accounting, consulting, 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 User's 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. Milliman does not warrant the accuracy or completeness of the Content or the reliability of any advice, opinion, statement or other information displayed or distributed through the site.

In exchange for using this site, you agree not to hold Milliman liable for any claim for damages arising from any decision you make based on information made available to you or obtained through the site.

Local restrictions

The information provided on the site 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 persons and entities 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 or otherwise. Persons under these restrictions must not access the site.

Additional important disclaimers

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.

Risk, limitation of liability and indemnity

Your use of this website and the information contained on the website 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 the User as a result thereof. Milliman reserves the right to request independent verification of any information transmitted via email and you hereby consent to such verification should Milliman deem it necessary.

To the extent permissible by law:

1. Neither Milliman, its affiliates, shareholders, affiliates, subsidiaries (including but not limited to Milliman (Pty) Ltd), consultants or employees shall be liable for any damages whatsoever, including without limitation any direct, indirect, special, incidental, consequential or punitive damages, howsoever arising (whether in an action arising out of contract, statute, delict or otherwise) related to the use of, or the inability to access or use the content of the website or any functionality thereof, or the information contained on the website, or of any linked website, even if Milliman knows or should reasonably have known or is expressly advised thereof.

2. The liability of Milliman for faulty execution of the website as well as all damages suffered by the User, whether direct or indirect, as a result of the malfunctioning of the website shall be limited to Milliman rectifying the malfunction, within a reasonable time and free of charge, provided that Milliman is notified immediately of the damage or faulty execution of the website. This liability shall fall away and be expressly excluded if the User attempts to correct or allows third parties to correct or attempt to correct the website without the prior written approval of Milliman. However in no event shall Milliman be liable to the User for loss of profits or for special, incidental, consequential or punitive losses or damages arising out of or in connection with the Website or its use or the delivery, installation, servicing, performance or use of it in combination with other computer software. You hereby unconditionally and irrevocably indemnify Milliman and agree to hold Milliman free from all loss, damages, claims and/or costs, of whatsoever nature suffered or incurred by Milliman or instituted against Milliman as a direct or indirect result of:

1. your use of the website;

2. software, programs and support services supplied by, obtained by or modified by you or any third party without the consent or knowledge of Milliman;

3. your failure to comply with any of the terms or any other requirements which Milliman may impose from time to time;

4. the actions or requirements of any telecommunications authority or a supplier of telecommunications services or software; or

5. any unavailability of, or interruption in, the service which is beyond the control of Milliman.

Milliman makes no warranty or representation as to the availability, accuracy or completeness of the content of the Website. 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 information supplied by Milliman being incorrect, incomplete or inaccurate.

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 any party that provided trademarks, service marks, and logos to Milliman 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. If you use a password that Milliman considers insecure, Milliman will be entitled to require the password to be changed and/or terminate your account.

You are prohibited from using any services or facilities provided by or in connection with this site to compromise security or tamper with system resources and/or accounts. The use or distribution 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, including by posting any messages, or publishing or otherwise making available any materials that are believed to be unlawful, infringing, obscene, or otherwise violative of the Terms of Use.

By accepting this agreement 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.

Additionally, any User who commits any of the offences detailed in Chapter 13 of the Electronic Communications and Transactions Act 25 of 2002 (“ECTA”) (specifically sections 85 to 88 (inclusive)) shall, notwithstanding criminal prosecution, be liable for all resulting liability, loss or damages suffered and/or incurred by Milliman, and its affiliates, subsidiaries (including but not limited to Milliman (Pty) Ltd), agents and/or partners.

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 materials at this site are appropriate or available for use at locations outside of the United States and access to them from territories where their contents are illegal is prohibited. If you access this site from a location outside of the United States, you are responsible for compliance with all local applicable laws, statues, ordinances and regulations.

These Terms of Use shall be governed by the laws of the State of Washington, without giving effect to its conflict of laws provisions.

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 Website are for evaluation purposes only and may not under any circumstances be used for any other purpose. You may use these samples and demos only for the purpose of evaluating the underlying products and 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 explicitly 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 which 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 in terms of the law or these Terms may be given via electronic means and that such communications shall be “in writing”. Notwithstanding anything to the contrary, 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 Web site visitors 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, at its sole discretion, to change, modify, add or remove any portion of the 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 are posted 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 and your License Agreement, if any, constitute the entire agreement among the parties relating to this subject matter. References to "Milliman," "we," "us," and "our" are references to Milliman, Inc. and its affiliates.

Last updated: 5 May, 2015
Copyright© 2015 Milliman, Inc.