MyFrankCrum Terms & Conditions

FrankCrum and/or any affiliated companies (the “Company” or “we” or “us”), provides the information and services on its internal employee portal, MyFrankCrum.com (the "Site") under the following terms and conditions (the “Terms”). By accessing and/or using the Site, you indicate your acceptance of these Terms. By using our Site, you agree with all applicable Terms herein.

* If you do not agree to all the Terms, you are not authorized to access or otherwise use the Site (as defined below).

Site Overview

The Site is accessible only to authorized users with a registered user ID and password who are employees of the employer specified on the Site (the "Employer").

Only authorized users are permitted to use or access the Site, and such use or access is prohibited by unauthorized third parties. An "Unauthorizes Third Party" refers to any third party or business that seeks to access or accesses the Site using the account credentials (e.g., user name or ID and password) of an employee of the Employer (each a "user"), regardless of the user's purported consent, in order to access, copy or obtain information within the Site, whether such information is accessed, copied or obtained by an automated data gathering program or by other means, including data scrapers, data aggregators and any third parties seeking to monetize data obtained from FrankCrum without FrankCrum's express consent.

If you do not have a valid registered user ID and password issued to you, you are not authorized to use or access the Site; however, FrankCrum may permit terminated employees to access the Site for very limited purposes. The Employer, through its client service agreement with FrankCrum, is providing you with access to the information and services on the Site under these terms and conditions ("Terms").

Please note that not all terms and conditions set out below may be applicable to you. Only the terms applicable to the products and services purchased by your Employer under its client service agreement with FrankCrum apply. The "Site" shall refer to the site which makes available certain FrankCrum Services (the "Services") to employee users, and client administrator users, as applicable, as authorized by the Employer.

Laws and Regulations

Access to and use of this Site are subject to all applicable federal, state, and local laws and regulations.

Copyright and Trademarks

The Information available on or through the Site is the sole and exclusive property of FrankCrum or its licensors, and is protected by copyright, trademark, and other intellectual property laws. 

Users may not modify, copy, distribute, transmit, display, publish, sell, license, create derivative works or otherwise use any content or information available on or through this Site, directly or indirectly, for commercial or public purposes. Users may not use the trademarks, logos and service marks ("Marks") for any purpose including, but not limited to use as "hot links" or meta tags in other pages or sites on the World Wide Web without the written permission of FrankCrum or such third party that may own the Mark. Questions concerning trademarks should be directed to Marketing@frankcrum.com. 

Tampering

The Software includes certain computer software that is subject to copyright protection by FrankCrum and/or FrankCrum 's licensors. You agree and acknowledge that FrankCrum and/or its licensors retain title to the Software and any copies thereof. You are not purchasing title to the Software or copies thereof. FrankCrum reserves all rights not expressly granted to you.

You may not modify, copy, distribute, transmit, display, publish, sell, rent, license, create derivative works or otherwise use any contents, information or Software available on or through the Site for commercial or public purposes. You are granted access to use the Software on a limited, revocable, non-exclusive, and non-transferable basis, subject to these Terms.

You may not decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Software, any updates, or any part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing use of any open-source components included with the Software). You agree not to modify, move, add to, delete, tamper with, manipulate or otherwise disrupt the Site, the Software contained in the Site, or the information contained in the Site, and further agree not to circumvent any FrankCrum technical controls and security measures. Any attempt to do so is a violation of the rights of FrankCrum and its licensors.

Third Party Information

Although FrankCrum monitors the information on the Site, some of the information is supplied by independent third parties. While FrankCrum makes every effort to ensure the accuracy of all information on the Site, FrankCrum makes no warranty as to the accuracy of any such information.

Links to Third Party Sites

The Services may display, include or make available content, data, information, applications or materials from third parties or provide links to certain third-party web sites. Third-party materials and links to other web sites are provided solely as a convenience to you. You acknowledge and agree that FrankCrum is not responsible for examining or evaluating the content, accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect of such third-party materials or web sites. FrankCrum does not warrant or endorse and does not assume and will not have any liability or responsibility to you or any other person for any third-party services, third-party materials or web sites, or for any other materials, products, or services of third parties. You also agree that any third-party charges that are necessary to use the Site, such as internet charges and service provider charges, are your responsibility and not that of FrankCrum. You understand that by using any of the third-party services, you may encounter content that may be deemed offensive, indecent, or objectionable, which content may or may not be identified as having explicit language, and that the results of any search or entering of a particular URL may automatically and unintentionally generate links or references to objectionable material. Nevertheless, you agree to use such services at your sole risk and FrankCrum shall not have any liability to you for content that may be found to be offensive, indecent, or objectionable. FRANKCRUM DOES NOT ENDORSE, WARRANT, OR GUARANTEE ANY PRODUCT, INFORMATION OR SERVICE OFFERED BY A THIRD PARTY THROUGH THE SITE, AND WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN ANY USER OF THE SITE AND ANY SUCH THIRD-PARTY PROVIDER.

Links from Third Party Sites

FrankCrum prohibits unauthorized links to the Site and the framing of any information contained on the Site or any portion of the Site. FrankCrum reserves the right to disable any unauthorized links or frames. FrankCrum has no responsibility or liability for any material on other Web sites that may contain links to the Site.

No Warranties

FrankCrum and its licensors make no warranties whatsoever with respect to the site and the licensed application (including the software and services). You acknowledge that your use of the site and the licensed application (including the software and services) is at your own risk. the site and licensed application (including the software and services) is provided solely on an "as-is" and "as-available" basis. FrankCrum and its licensors make, and you receive, no warranties, express or implied, in fact or by operation of law, statutory or otherwise. FrankCrum and its licensors expressly disclaim any implied warranties of merchantability, satisfactory quality, fitness for a particular purpose, and/or noninfringement. neither FrankCrum nor its licensors warrants that the operation of the site and the licensed application (including the software and services) shall be uninterrupted, free of viruses, worms, trojan horses or any other malicious code, error free or that it will function or operate in conjunction with any other product. FrankCrum and its licensors further disclaim any warranty that the results obtained using the site and licensed application (including the software or services) will meet your needs.

Limitation of Liability

TO THE EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES SHALL FRANKCRUM OR ITS LICENSORS BE LIABLE FOR ANY DAMAGES SUFFERED BY YOU, INCLUDING, WITHOUT LIMITATION, ANY DIRECT, INCIDENTAL, INDIRECT, SPECIAL, EXEMPLERY OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, (I) LOSSES ARISING FROM THE FAILURE TO RECEIVE ANY BENEFITS, (II) ANY TRADING LOSSES, (III) LOSSES ARISING FROM THE USE OR THE INABILITY TO USE THE SITE AND LICENSED APPLICATION (INCLUDING THE SOFTWARE AND/OR THE SERVICES), (IV) LOSSES ARISING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, (V) DAMAGES OR LOSSES RESULTING FROM YOU SHARING OR ALLOWING ACCESS TO YOUR AUTHENTICATION INFORMATION, OR (VI) LOSS OF INFORMATION, PROGRAMS OR OTHER DATA THAT RESULT FROM ACCESS TO, USE OF, OR INABILITY TO USE THE SITE AND LICENSED APPLICATION (INCLUDING THE SOFTWARE AND/OR SERVICES) OR DUE TO ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION THROUGH THE INTERNET. THIS LIMITATION OF LIABILITY SHALL BE IN FULL FORCE REGARDLESS OF WHETHER SUCH LIABILITY IS BASED ON BREACH OF CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, AND EVEN IF FRANKCRUM OR ITS LICENSORS HAD PREVIOUSLY BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Employee Users

On the Site, you will be able to access certain employment-related or plan-related information and documents made available by your Employer and to participate in the "Services". These Services may permit you to update certain personal information and to make certain elections through the Site, in each case using certain software proprietary to FrankCrum and its licensors (the "Software"). As an employee, your use is limited to your own individual use. You acknowledge and agree that it is your responsibility to submit information relating to the Services and to verify the accuracy and completeness of all such information. FrankCrum does not review the accuracy or completeness of the information you submit.

Calculations, estimates or modeling of events or circumstances, including projected or expected annual expenses, provided on this Site are estimates only and are being provided by FrankCrum for informational purposes only. Your actual costs and expenses may vary.

You acknowledge that FrankCrum is not rendering legal advice or other professional services. While every effort is made to provide current information, the law changes regularly and laws may vary depending upon the state or municipality. The materials in the Site are made available for informational purposes only and are not a substitute for legal advice or your professional judgment. You should review applicable law in your jurisdiction and consult counsel for legal advice. You assume all responsibility for and risk arising from your use of and reliance upon the contents of the Site.

A summary of the benefits provided under a plan is usually contained in the plan's "summary plan description," or "SPD." Full details are provided in the actual governing plan documents, which govern the operation of the plan. If the content of the Site is inconsistent with an SPD, the terms of the SPD will be controlled (and if the terms of the SPD are inconsistent with the governing plan documents, the governing plan documents control). The information presented on the Site is not intended to create, nor is it to be construed to create, a contract between (1) the Employer or FrankCrum, or their respective affiliates and (2) any one of the Employer's employees.

You may from time to time provide suggestions, comments or other feedback ("Feedback") to FrankCrum with respect to the Software, Services and/or related documentation. All Feedback shall be provided voluntarily and shall not, absent a separate written agreement, create any confidentiality obligation for FrankCrum. FrankCrum may use, disclose, reproduce, license or otherwise distribute any Feedback it receives at its discretion.

Administrator Users

On behalf of the Employer, you will be able to access and input certain information relating to the Employer, the Employer's employees and/or the Employer's plan participants. The information that you input may be used and relied upon by FrankCrum and by the Employer's employees and plan participants who participate in the Services. The Services may permit employees/plan participants of the Employer to make certain elections through the Site and to update certain personal information, in each case with the Software. As an authorized administrator for the Employer, you acknowledge and agree, on behalf of the Employer, that it is the Employer's responsibility to submit instructions and information relating to the Services and to verify the accuracy and completeness of all such instructions and information submitted by the Employer and the Employer's employees and plan participants.

As an authorized administrator for the Employer, you acknowledge and understand, on behalf of the Employer, that FrankCrum is merely making the Site available and is not acting as an investment advisor, broker-dealer, insurance agent or intermediary or a financial or benefit planner.
* Note on Binding Effect: As an authorized administrator for the Employer, your acceptance of these Terms will serve to bind BOTH you and the Employer and in accepting such terms, you represent that you are authorized to so bind the Employer. The portion of the Terms specifically applicable to "Administrator Users" will be binding upon you in your capacity as an authorized administrator and on the EMPLOYER, and the terms specifically applicable to "Employee" or "Employees” will be binding upon you as an employee, and not upon your Employer. All other terms will be binding upon both you and the Employer.

Registration and Password

To access and use the Site, you must provide your current user ID and password. You agree to take any and all actions necessary to maintain the privacy, confidentiality and security of your user ID and password, including, without limitation, safeguarding your user ID and password and any related credentials or user authentication information for account access in a private and secure place to ensure only authorized access to your account, adopting special precautions when accessing the Site from a computer that is available for use by other users and logging out of the Site at the end of each session. If you believe that an Unauthorized Third Party has access to your account, you should immediately change your password and notify your security administrator and/or your HR Department. You agree not to adopt any obscene, vulgar or profane user ID or password.

Security

Data transmitted by FrankCrum will be sent encrypted for your protection. However, the security of information transmitted through the internet can never be guaranteed. FrankCrum is not responsible for any interception or interruption of any communications through the internet or for changes to or losses of data. You are responsible for maintaining the security and confidentiality of any password, user ID or other form of user authentication required by FrankCrum ("Authentication") involved in obtaining access to password protected or secure areas of FrankCrum sites, and you shall not disclose any confidential account access credentials or information to Unauthorized Third Parties. To protect you and your data, FrankCrum may suspend your use of the Site, without notice, pending an investigation, if any such unauthorized disclosure or breach of security is suspected.

Use of Site Not Transferrable/Assignable

The right to use the Site (including the Software and Services) is personal to each user that is authorized to use the Site and is not transferable by such user by assignment, sublicense, or any other method to any other person or entity. Any attempt by a user to transfer such user's rights shall be void and shall constitute a breach of these Terms.

Offensive, Destructive or Inappropriate Use

You shall not exploit the Site or the Services in any unauthorized way whatsoever, including but not limited to, by trespassing or burdening network capacity. You acknowledge and agree you are not permitted to use any personally identifiable information for personal use, and you agree not to copy, reproduce, transfer or distribute any personally identifiable or confidential information other than in compliance with all laws and as permitted in connection with the Services. You further agree not to use the Services in any manner to harass, abuse, stalk, threaten, defame or otherwise infringe or violate the rights of any other party, and that FrankCrum is not in any way responsible for any such use by you, nor for any harassing, threatening, defamatory, offensive or illegal messages or transmissions that you may receive as a result of using any of the Services.

Your Representations

You represent, warrant and covenant that: (a) you are authorized to access and use the Site; (b) all instructions and information you enter into the Site related to the Services will be accurate and complete; (c) you will verify and remain solely responsible for all instructions and information entered into the Site related to the Services; (d) you will not upload, transmit, distribute or otherwise publish through the Site any materials that contain a virus, worm or other harmful component or that would cause the Site to malfunction; and (e) you will not decompile, reverse engineer, disassemble or unlawfully use, copy or reproduce any of the Software or other copyrighted or trademarked material, trade secrets or other proprietary or confidential information contained in the Site.

Access to Password-Protected/Secure Areas

Access to and use of password-protected and/or secure areas of the Site is restricted to authorized individual users only for personal use or for official business purposes on behalf of your Employer. Unauthorized access, including any access by Unauthorized Third Parties, to such areas is prohibited and may lead to criminal prosecution.

Termination

The Site and/or access to the Software and Services may be discontinued, temporarily or permanently, by FrankCrum at any time without notice to users. FrankCrum shall not be liable to any employee or plan participant of the Employer or to any third party for any suspension or discontinuance of the Site, the Software or the Services. Your rights to access the Site and the Software shall terminate if you cease to be an employee or plan participant of the Employer, except as contemplated within these Terms. Upon termination of your access to the Site or Software, you shall cease use of the Site or Software.

Changes to Service and Terms

FrankCrum is not responsible for any technical inaccuracies or typographical errors that may be contained in these Terms. FrankCrum reserves the right to change these Terms in its sole discretion at any time. Any such changes to the Terms will become effective immediately upon being posted on the Site. You will be able to view the changed Terms by clicking or tapping on the link for Terms and Conditions after you log in and your continued use of the Site shall constitute acceptance of such changed terms. The Site and/or the Software and any Services may be modified, temporarily or permanently, by FrankCrum at any time without notice to you. You agree that FrankCrum shall not be liable to you or to any third party for any modification of the Site and/or the Software or the Services.

Transmission of Data

You acknowledge that transmissions to and from the Site could be read or intercepted by others. You acknowledge that by submitting communications through the Site, no confidential, fiduciary, contractually implied or other relationship is created between you and FrankCrum other than pursuant to these Terms. The Site is hosted in the U.S. Data that you transmit through the Site may be accessed and/or processed by FrankCrum, its affiliates or its trusted third-party vendors within the U.S. or outside the U.S. in connection with the provision of Services by FrankCrum to the Employer. As a result, your data may be subject to the laws of such jurisdictions and may be accessible to the courts and law enforcement authorities in the U.S. or such other jurisdictions. By your use of the Site and your transmitting your personal information and other data, you consent to the use of your personal information and other data as required by FrankCrum to provide these Services in accordance with the terms of FrankCrum's applicable service agreement with the Employer.

Consent to Use Data

You agree that FrankCrum may collect and use technical data and related information, including but not limited to technical information about your Device, system and application software, and peripherals, that is gathered periodically to facilitate the provision of software updates, product support and other services to you (if any) related to the Software. FrankCrum may use this information, if it is in a form that does not personally identify you, to improve its products or to provide services or technologies to you or the Employer. In some circumstances, FrankCrum may share information you voluntarily provide us with, such as your email address, with trustworthy service providers.

Procedure for Making Claims of Copyright Infringement

Notices of claimed copyright infringement on the Site should be directed to: FrankCrum, 100 S. Missouri Ave., Clearwater, FL 33756, Attn: Legal Department, Compliance Counsel.

Governing Law

THESE TERMS SHALL BE GOVERNED BY AND CONSTRUED ACCORDING TO THE LAWS OF THE STATE OF FLORIDA, EXCLUDING ITS CONFLICTS OF LAWS RULES, REGARDLESS OF WHERE ANY ACTION MAY BE BROUGHT. YOU AGREE TO SUBMIT TO THE EXCLUSIVE JURISDICTION OF THE STATE AND FEDERAL COURTS OF THE STATE OF FLORIDA.

Third Party Beneficiaries

FrankCrum’ licensors and vendors shall be considered third-party beneficiaries of these terms for purposes listed within these Terms.