ZENITH AMERICAN SOLUTIONS, INC. WEBSITE AND/OR CLIENT WEBSITES MANAGED OR OPERATED BY ZENITH AMERICAN SOLUTIONS, INC.

Acceptance

The TERMS OF USE that follow are entered into by and between you and Zenith American Solutions, Inc. and govern your access to and use of this website. Please read the Terms of Use carefully before using the website; by using this website, you acknowledge that you have read and agree to be bound and abide by these Terms of Use and our Privacy Policy. By using this website, you also represent and warrant that you are 18 year of age or older. If you are using the website on behalf of your employer, you represent that you are authorized to accept the terms on your employer’s behalf. If you do not meet the above requirements, and/or you do not want to agree to these Terms of Use, you must not access or use the website.

Modification Of Terms Of Use

Zenith American Solutions, Inc. reserves the right, at Zenith American Solutions, Inc.’s sole discretion, to change, modify, update, add, or remove portions of these terms at any time with or without notice. Please check these terms periodically for changes, as they are binding on you. Your continued use of this website following the posting of changes to the terms will signify your acceptance of those changes.

Intellectual Property Rights

The website and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, and the design, selection, and arrangement thereof) are owned by Zenith American Solutions, Inc., and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. The entire content of this domain zenithadm.com (including text, images and attributes) are copyright ©2001 Zenith American Solutions, Inc. All rights reserved. Removing or altering the copyright notice on any material on the site is prohibited. All trademarks are proprietary. Misuse of these trademarks is expressly prohibited and may violate federal and state trademark law. Also, please be advised that Zenith American Solutions, Inc. aggressively enforces our rights to our intellectual property rights to the full extent of the applicable law.

Restrictions On Use Of Content

You may use the content on our website only for informational, personal, or non-commercial purposes. Any commercial use of the content is prohibited without prior written consent of Zenith American Solutions, Inc. You agree not to reproduce, distribute, modify, create derivative works of, publicly display, or republish any of the material on our website, or to otherwise modify the documents or graphics on our website or copy or distribute graphics separate from their accompanying text and you agree not to quote materials out of their context. Permission to use our website does not include permission to copy the design elements, look and feel, or layout of the website. No logo, graphic, or image from our website may be copied or retransmitted unless expressly permitted by Zenith American Solutions, Inc.

No Unlawful Or Prohibited Use

As a condition of your use of the website, you will not use the website for any purpose that violates any applicable federal, state, local, or international law or regulations or is otherwise prohibited by these terms, conditions and notices. You may not use the website in any manner that could damage, disable, overburden, or impair any Zenith American Solutions, Inc. server, or the network(s) connected to any Zenith American Solutions, Inc. server, or interfere with any other party’s use and enjoyment of the website.

Communication With Our Website

Zenith American Solutions, Inc. welcomes your permitted use of our website. Your feedback and suggestions about how to improve our products and services are also welcome. However, by transmitting any suggestions, materials, information or other content to this website, you automatically grant Zenith American Solutions, Inc. a perpetual, irrevocable, non-exclusive right and license to use, modify or publish such content royalty-free with or without attribution.

No Solicitation Or Offer Of Legal or Tax Advice

Nothing contained, expressed or implied in this site is intended nor can be construed as legal or tax advice. The information in this site is for general purposes only. If you have questions about any law, regulation or requirement referenced in this site, you should contact your own legal counsel or tax professional. The information in this site is also not intended nor can be construed as medical or financial advice or a solicitation of any product or service. Individual inquiries about sensitive or confidential matters should be directed to health care or financial planning professionals.

Confidentiality

Please be advised that this site strives to protect the confidentiality of personal information using secured servers, but confidentiality cannot be guaranteed. Communications or material transmitted by you through the Zenith American Solutions, Inc. website may not be encrypted. If you are a plan participant and would like to send materials securely, please contact the customer service number and address on your member ID card or as provided in your summary plan description (also known as an “SPD”). If you are not a participant (e.g., a potential employee) and wish to send a communication or materials securely to Zenith, please contact us at helpdesk@zenith-american.com.

If you become aware of or suspect a breach of confidentiality, please contact Zenith at privacy-department@zenith-american.com or (877) 217-2676 (unmanned recorded incident line).

Privacy

Zenith American Solutions, Inc. has a privacy statement disclosing what information we collect about visitors, how we use such information and the steps we take to secure such information. The privacy statement includes how you can correct or otherwise modify such information and how you can decline to have information about you collected. By using this website, you are consenting to the terms of the privacy statement.

Benefit Plans

Nothing on this website is meant to interpret or extend or change in any way the provisions expressed in the Plan document(s) that may be applicable to your benefits. The Plan Sponsor or Trustees reserve the right to amend, modify, decrease or discontinue all or part of the Plan.

Benefits as described in the Plan document and in the Summary Plan Description may be fully insured or self-funded by the Plan. Self-funded benefits are limited to Plan assets available for such purposes. To the extent there is any conflicting language between the contents of this website and the Plan document, the terms of the Plan document will govern.

Corrections And Changes

Zenith American Solutions, Inc. may make changes to the content of this website or services provided at anytime without notice, and makes no commitment to update the information contained herein. Zenith American Solutions, Inc. reserves the right to terminate your access to the site for any reason totally at our discretion.

Disclaimer Of Warranties

Zenith American Solutions, Inc. assumes no responsibility for errors or omissions in the materials on the website. Zenith American Solutions, Inc. further does not warrant the accuracy or completeness of the information, text, graphics, links or other items contained within these materials. EXCEPT AS EXPRESSLY PROVIDED OTHERWISE, ALL INFORMATION ON THIS WEBSITE IS PROVIDED “AS-IS” WITHOUT WARRANTY OF ANY KIND AND ZENITH AMERICAN SOLUTIONS, INC. HEREBY DISCLAIMS ALL WARRANTIES EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN ADDITION, EXCEPT AS EXPRESSLY PROVIDED OTHERWISE, ZENITH AMERICAN SOLUTIONS, INC. DISCLAIMS ANY WARRANTIES OF NON-INFRINGEMENT, TITLE, OR QUIET ENJOYMENT. TO THE FULLEST EXTENT PROVIDED BY LAW, ZENITH AMERICAN SOLUTIONS, INC. WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT. In no event shall Zenith American Solutions, Inc. be liable for any special, indirect or consequential damages or any damages whatsoever resulting from any loss of use, data or profits, whether in an action of contract, negligence or other tortuous action, arising out of or in connection with the use of this website or information available from the website.

The information contained on the website is made available solely for general information purposes. Zenith American Solutions, Inc. does not warrant the accuracy, completeness, or usefulness of the information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials.

Use Of The Internet

Use of the Internet is solely at your own risk and subject to all applicable state, national and international laws and regulations. Zenith American Solutions, Inc. will not be liable for any loss resulting from a cause over which we do not have direct control, including but not limited to failure of electronic or mechanical equipment or communication lines, telephone or other connection problems. Zenith American Solutions, Inc. is also not liable for computer viruses, unauthorized access, theft, operator errors, weather related problems, natural disasters, labor problems or governmental restrictions.

Indemnification

You agree to defend, indemnify and hold harmless Zenith American Solutions, Inc. and all its respective clients, plan sponsors, Trustees, affiliates, directors, officers, employees, representatives, proprietors, partners, shareholders, servants, principals, agents, predecessors, successors, assigns, and attorneys from and against any and all claims, proceedings, damages, judgments, awards, injuries, liabilities, losses, costs and expenses arising out of or relating to your use of the site, including without limitation, any use by your employees, your violation of these terms of use, or your violation of any rights of another.

Links To Other Websites

While this website may contain links to other Internet web sites and resources provided by third parties, these links are provided for your convenience only. Zenith American Solutions, Inc. does not control, endorse or promote the companies or contents of any linked web sites unless expressly stated. Zenith American Solutions, Inc. does not have any control over the contents of those sites or resources and accepts no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party sited linked to this website, you do so entirely at your own risk and subject to the terms and conditions of us for such websites.

General Information

These TERMS OF USE constitute the entire agreement between you and Zenith American Solutions, Inc. governing your use of the website. You acknowledge that in providing you access to and use of the website, Zenith American Solutions, Inc. has relied on your agreement to be legally bound by these TERMS.

By accessing the website you agree that the statutes and laws of the United States and the State of Florida, without regard to any principles of conflicts of law, will apply to all matters relating to use of this website, and you further agree that any litigation shall be subject to the exclusive jurisdiction of the courts of the State of Florida, USA.

The failure of Zenith American Solutions, Inc. to exercise or enforce any right or provision of these terms does not constitute a waiver of such right or provision. If a court of competent jurisdiction finds any provision of these terms to be invalid, the parties nevertheless agree that the court shall endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these terms remain in full force and effect. Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the website or the terms of use must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in these terms are for convenience only and have no legal or contractual effect.

These TERMS OF USE were last updated on March 19, 2024.