98point6 10/2/19 - Laserfiche WebLink

"Services" means, collectively, the Technology Services and Medical Services provided or otherwise made accessible by 98point6 to Participants, all as more fully described in this Agreement. "Subscription Commencement Date" means the actual date on which 98point6 first begins to make the Services available for access to and use by Eligible Participants. "Subscription Period" means the period of time, beginning on the Subscription Commencement Date, during which 98point6 will make the Services available for access to and use by Eligible Participants through the Platform. The Subscription Period is set forth in the Service Order. "Technology Services" means the 98point6-hosted software services offered to Participants via the Platform, as updated, upgraded, customized, improved, adapted, or otherwise modified from time to time by 98point6. 2. THE SERVICES 2.1. Ordering a Subscription to the Services. 98point6 will provide or otherwise make accessible to Eligible Participants in the Plan the Services described in this Agreement and the Service Order in accordance with the terms set forth herein and in accordance with good industry practices. The Service Order is incorporated by reference into and shall be governed and controlled by this Agreement. Any conflict between the terms of this Agreement and the Service Order will be resolved in favor of the Service Order, if the Service Order expressly states that a specific provision of the Service Order is intended to modify the conflicting terms of this Agreement. 2.2. Provision of the Technoloey Services by 98point6. In consideration for Employer's payment of the Fees, 98point6 will make the Technology Services accessible to and available for use by Participants through the Platform on a non- exclusive basis during the Subscription Period, as more fully described in this Agreement. Employer acknowledges that each Participant's access to and use of the Technology Services are subject to additional terms and conditions presented when registering or otherwise accessing or using the Platform or the Technology Services, including usage fees. Such additional terms and conditions can be found at www. 98point6.com/legal-and-privacy/. 2.3. Plan Documents Provided by 98point6. In addition to the foregoing, 98point6 will supply Employer with benefit plan documents (e.g., ERISA) ("Plan Documents"), in which case, Employer acknowledges and agrees that (a) such Plan Documents do not constitute any legal or financial advice with respect to tax, benefits, or other laws; (b) such Plan Documents are only provided as a courtesy to Employer, and Employer is required to independently seek legal, financial, and other advice as to the appropriateness and legality of such Plan Documents prior to signing such Plan Documents and distributing them; and (c) 98point6 will have no liability or responsibility whatsoever with respect to such Plan Documents. 2.4. Rendering of the Medical Services by Providers. Providers render the Medical Services via the Platform to Participants. The Medical Services rendered to Participants are performed based on the independent medical judgment of such Providers and are the sole responsibility of those individual Providers. 98point6 disclaims any responsibility for the Medical Services to the maximum extent permitted by law. Employer acknowledges that certain Participants may be required to make a Subscription Agreement 3 20190227.v10.1