These terms of use were updated on March 17, 2011.

Introduction:

Nyhart publishes this Website as a service to our clients, potential clients, plan participants, brokers, and others with an interest in employee benefits.  While every attempt has been made to provide complete and accurate information, some of the information presented on this Website may involve laws and regulations subject to change at any time.  This Website may include typographical errors or technical inaccuracies.  Also, information on this Website may be changed or updated without notice.

Acceptance of Terms:

This Website is the property of Nyhart. By linking, referencing, using or accessing Nyhart.com you agree to this Terms of Use, including agreeing to indemnify and hold harmless Nyhart from all claims of any nature arising from your access and use of this Website. This Terms of Use may be changed at any time at the sole discretion of Nyhart.

Consent to do Business Electronically:

This Website is the property of Nyhart. You may use this Website to gain access to authorized information only.   By consenting to do business electronically, you:

Consent to do business and to conduct transactions electronically with Nyhart;

Certify that you are the person submitting information requested by the Website for use of its tools.  If you are not that person and/or you are attempting to use/access someone else’s information, you may be in violation of federal and/or state law and should exit this application now. Suspected violations may be reported to state and/or federal authorities;

Certify that if you are accessing this system/application on behalf of your employer, you have the appropriate authority to conduct business electronically on behalf of your employer;

Consent to, and acknowledge that activity through the Nyhart Website may be viewed, monitored and recorded by Nyhart in order to help prevent and detect potential fraud or other abuse, including unauthorized use/access of information;

Acknowledge that the Nyhart Website is based in the United States of America and that the laws of the state of Indiana and the United States of America govern our site and your use of it;

Understand that our Privacy Policy and rules apply to the Nyhart Website and you agree to be bound by them. The Privacy Policy may be viewed by clicking on the link at the bottom of each page of this Website;

Nyhart reserves the right to monitor your access and log use of this Website without notification to you.  We may log your use in a manner set forth in our Privacy Policy.

No Legal or Investment Advice and Calculators/Calculations:

Retirement and/or financial calculators or calculations provided within this Website are provided solely for you to estimate hypothetical future financial or retirement status.  You are responsible for the accuracy of any estimates and should not rely solely on these calculators. It is not intended to be used as a substitute for specific legal, tax, or consulting advice and users should not act upon general information contained on this Website without seeking professional advice. Seek advice from qualified providers before you make any investment or retirement decisions.

Intellectual Property and Link and Logo:

All text and Website design are copyright 2011, Nyhart, all rights reserved. Permission is granted to electronically copy and to print hard copy portions of this Website solely for the user’s non-commercial internal purposes. Any other use of materials on this Website without the prior written permission of Nyhart is strictly prohibited. By using this site, you agree to the terms stated above.

Links to Other Sites:

This Website may contain links to other Websites that are not under the control of Nyhart.  A link to another Website does not mean that Nyhart endorses or accepts any responsibility for the content, accuracy or use of that Website.  For your protection, we urge you not to share personal information you input on this Website with others.  You should also know that e-mail is not necessarily secure against interception.

Hardware, Software & Browser Information:

For optimal use of this Website, your computer shoudl use Firefox 3.0 or Internet Explorer 7.0 or higher as its browser.

Limitation of Liability:

YOU AGREE THAT YOUR ACCESS TO, AND USE OF, THE NYHART WEBSITE

AND THE CONTENT THEREOF IS AT YOUR RISK. YOU AGREE, THAT UNDER NO CIRCUMSTANCES SHALL NYHART BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES ARISING FROM VIRUSES, WORMS, TROJAN HORSES OR OTHER CODE THAT HAS CONTAMINATING OR DESTRUCTIVE PROPERTIES OR YOUR REFERENCING, USING, ACCESSING, INABILITY TO USE OR ACCESS OR LINKING TO OR FROM THE NYHART WEBSITE OR ANY ERRORS OR OMISSIONS IN THE CONTENT THEREOF.

There are some jurisdictions that do not allow for the exclusion of certain warranties or the limitation or exclusion of liability for consequential or incidental damages. Based on this conclusion, the liability of Nyhart is limited to the greatest extent permitted by law.

Governing Law and Severability:

These Terms of Use are governed by the laws of the State of Indiana with jurisdiction and venue being in Marion County, Indiana. You agree that your reference, use or access of Nyhart.com constitutes your acceptance of the jurisdiction of state or federal courts in Marion County, Indiana and that legal action may be brought against, or by, you must be brought in state or federal courts in Marion County, Indiana.

In the event any of the provisions of these Terms of Use shall be determined by a court of competent jurisdiction to be invalid, any such provision determined to be invalid shall not affect the validity of all remaining provisions.

If you do not agree to these terms, please discontinue your visit to this site. Nyhart reserves the right to change, add, or remove portions of our terms of usage at any time.  Please check this page periodically for updates.

If you have additional questions about our terms of use please contact:

Terms of Use – Nyhart.com
Nyhart
8415 Allison Pointe Boulevard, Suite 300
Indianapolis, IN 46250