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Metlife Global Platform

Terms and Conditions

The legal requirements for your use of the service:

• You are entering into a legal agreement that governs your use of the eBenefits Platform. By using the eBenefits Platform you are agreeing that in consideration for using the eBenefits Platform product, software, services, and websites (collectively referred to as the "Service"), you agree that your use of the Service will be governed by these Terms and Conditions, including the Privacy Policy. This legal agreement is between you and Delaware American Life Insurance Company, located at 600 North King Street, Wilmington, DE 19801, U.S.A. ("DelAm"). The Service are provided by DelAm, as well as its agents, affiliates, subsidiaries, licensors, contractors, partners and service providers (collectively, the "DelAm Entities"). Please read these Terms and Conditions carefully before using the Service.

• You can only use the Service if you are at least 13 years old. The Service is not available to any person under the age of 13. By using the Service you affirm that you are 13 years or older.

• These Terms and Conditions and other eBenefits Platform policies may be modified from time to time. DelAm may, in its sole discretion, modify or revise these Terms and Conditions, the eBenefits Platform Privacy Policy and other policies relating to the Service at any time, and you agree to be bound by such modifications or revisions. We may attempt to notify you when major changes are made to these Terms and Conditions (such as by a message to your email address on record); you understand and agree that it is your responsibility to check your email for any such notices. You further agree that DelAm is not obligated to provide such notice and that the changes, modifications or revisions to these Terms and Conditions constitute sufficient notice. You have an obligation to periodically review the most up-to-date version of these Terms and Conditions at /gsrvc/public/TermsandConditions.

• If you do not agree with any changes, modifications or revisions to these Terms and Conditions, the eBenefits Platform Privacy Policy or other policies, you must stop using the Service. Your continued use of the Service will be deemed acceptance of such changes, modifications or revisions.

• You agree that you access the Service at your own initiative and that your use of the Service and your use of and access to any information (as defined below) is solely at your own risk.

• The agreement for use of the Service is with you. Nothing in these Terms and Conditions shall be deemed to confer any third-party rights or benefits.

• You agree to use the Service only for purposes as permitted by these Terms and Conditions and any applicable law, regulation, or generally accepted practice in the applicable jurisdiction.

• You agree that you are responsible for compliance with any applicable laws, including, but not limited to, any applicable local laws.

• Your use of the Service includes the ability to make transactions electronically. YOU ACKNOWLEDGE THAT YOUR ELECTRONIC SUBMISSIONS CONSTITUTE YOUR AGREEMENT AND INTENT TO BE BOUND BY ELECTRONICTRANSACTIONS.

Additional Requirements for your use of the Service:

• You are responsible for the computer or other devices used to access the Service. Use of the Service requires a compatible computer or mobile device, Internet access, and certain software (fees may apply). The latest version of the eBenefits Platform software is recommended to access the Service from a mobile device and may be required for certain features. If applicable, you understand and agree that it is your responsibility to make sure that the eBenefits Platform software made available to you is the current version on your devices and properly installed. You also understand that the technical requirements for access to the Service may change over time and that it is your responsibility to meet those requirements. You further agree that DelAm has no obligation to provide access to the Service on any particular computer or other device or by using any specific software.

• The Service is only available in certain jurisdictions and DelAm makes no representation that the Service, or any feature or part thereof, is appropriate or available for use in any particular location. This limits both the ability to upload, distribute and receive content.

Your account:

• You agree to provide accurate and complete information when you register for, and as you use, the Service ("Service Registration Data"). You further agree to update your Service Registration Data to keep it accurate and complete. You understand that your failure to provide accurate, current and complete Service Registration Data may result in the suspension and/or termination of the Service.

• You are solely responsible for maintaining the confidentiality and security of your policy and for all activities that occur on or through your use of the Service. You agree to immediately notify DelAm of any security breach of your personal information or your login information. You acknowledge and agree that the Service is designed and intended for personal use on an individual basis and you should not share your password details with another individual. You agree that, provided DelAm exercises reasonable skill and due care, DelAm shall not be responsible for any losses arising out of the unauthorized use of the Service resulting from you not following these rules.

• You understand and agree that DelAm shall be entitled to take all reasonable steps to protect the Service and DelAm's systems, which may include suspension of your access to the Service.

• You understand and agree that repeated violations of these Terms and Conditions may result in termination of this Agreement and your use of the Service.

Your content:

• You understand that you are solely responsible for any information you upload, download, transmit, store or otherwise make available through your use of the Service. You represent that you have the right to upload, download, transmit, store or otherwise make available all such information.

• Access to information, including the time required to view, upload or transmit the information, shall vary depending upon a number of factors. These factors include the device and software or browser version used, the server where the information is being stored (which server may not be in the same jurisdiction in which you reside), how the information is stored and the location from which access is being sought.

• DelAm does not guarantee the delivery or accessibility of any information. DelAm shall use reasonable skill and due care in providing the Service, but, TO THE GREATEST EXTENT PERMISSIBLE BY APPLICABLE LAW, DELAM AND ITS VENDORS DO NOT GUARANTEE OR WARRANT THAT ANY INFORMATION YOU MAY STORE OR ACCESS THROUGH THE SERVICE WILL NOT BE SUBJECT TO INADVERTENT DAMAGE, CORRUPTION, LOSS, OR REMOVAL IN ACCORDANCE WITH THE TERMS OF THIS AGREEMENT, AND DELAM AND ITS VENDORS SHALL NOT BE RESPONSIBLE SHOULD SUCH DAMAGE, CORRUPTION, LOSS, OR REMOVAL OCCUR.

Links and other third party materials embedded in content:

• You understand that third party material in the Service may not be available. Certain information and components or features of the Service may include materials from third parties and/or hyperlinks to other web sites. Because DelAm may have no control over such third party sites and/or materials, you acknowledge and agree that DelAm is not responsible for the availability of such sites or resources.

• DelAm does not endorse or warrant the accuracy of any such sites or resources, and shall in no way be liable or responsible for any information, advertising, products or materials on or available from such sites or resources. You further acknowledge and agree that DelAm shall not be responsible or liable in any way for any damages you incur or allege to have incurred, either directly or indirectly, as a result of your use and/or reliance upon any such information, advertising, products or materials on or available from such sites or resources.

Security:

• DelAm hereby disclaims all liability to the fullest extent allowable by law for any loss, destruction, unauthorized access or release, alteration or unavailability of such information.

• You understand and agree that DelAm may store the Service Registration Data and other Information that you provide on other servers owned by or dedicated to DelAm business.

• You understand that in order to provide the Service, DelAm or the DelAm Entities may transmit your information and the Service Registration Data across various public networks, in various media, and modify or change any of the foregoing to comply with technical requirements of connecting networks or devices or computers. The transmission of data or information (including communications by e-mail) over the Internet or other publicly accessible networks is not secure, and is subject to possible loss, interception, or alteration while in transit. Accordingly, DelAm does not assume any liability for any damage you may experience or costs you may incur as a result of any transmissions over the Internet or other publicly accessible networks.

Privacy:

• You understand that by using the Service, you consent and agree to the collection and use of certain information about you, your dependents and beneficiaries, and your use of the Service in accordance with the eBenefits Platform Privacy Policy.

• You consent and agree that DelAm may collect, use, transmit, process and maintain information related to your benefits, and any devices or computers registered thereunder, for purposes of providing the Service. Information collected by DelAm when you use the Service may also include technical or diagnostic information related to your use that may be used by DelAm to support, improve and enhance DelAm's products and services.

• You further understand and agree that this information may be transferred to the United States and/or other countries for storage, processing and use by DelAm, its affiliates, subsidiaries and/or their vendors or service providers.

Your conduct:

• You agree that you will NOT use the Service to:

  • forge any TCP-IP packet header or any part of the header information in an email or a news group posting, or otherwise putting information in a header designed to mislead recipients as to the origin of any information transmitted through the Service ("spoofing");
  • upload, post, transmit, store or otherwise make available any material that contains viruses or any other computer code, files or programs designed to harm, interfere or limit the normal operation of the Service (or any part thereof), or any other computer software or hardware;
  • interfere with or disrupt the Service (including a denial of service attack or accessing the Service through any automated means, like scripts or web crawlers), or any servers or networks connected to the Service, or any policies, requirements or regulations of networks connected to the Service (including any unauthorized access to, use or monitoring of data or traffic thereon);
  • plan or engage in any fraudulent or illegal activity;
  • gather and store personal information on any other users of the Service;
  • copy, sell, resell, rent or trade the Service (or any part thereof) for any purpose;
  • copy, sell, resell, rent, trade, modify, loan, distribute, sublicense, create a derivative work of, reverse engineer, decompile, or otherwise attempt to discover the source code (unless expressly permitted or required by law) grant a security interest in, assign, transfer or otherwise convey any right in the Software
  • exploit the Service in any unauthorized way whatsoever, including, but not limited to, by trespass; and/or
  • upload any personal information of others who have not consented to share such personal information with you.

DelAm's Actions:

• DelAm reserves the right to take steps DelAm believes are reasonably necessary or appropriate to enforce and/or verify compliance with any part of these Terms and Conditions.

• You acknowledge and agree that DelAm may, without liability to you and to the extent allowable by law, access, use, preserve and/or disclose your information uploaded to the Service to law enforcement authorities, government officials, and/or a third party, as DelAm believes is reasonably necessary or appropriate.

MetLife intellectual property:

• DelAm, the DelAm logo, eBenefits Platform, the eBenefits Platform logo and other DelAm trademarks, service marks, graphics, and logos used in connection with the Service are trademarks or registered trademarks of Delaware American Life Insurance Company in the US and/or other countries. Other trademarks, service marks, graphics, and logos used in connection with the Service may be the trademarks of their respective owners, including Metropolitan Life Insurance Company. You are granted no right or license in any of the aforesaid trademarks, and further agree that you shall not remove, obscure, or alter any proprietary notices (including trademark and copyright notices) that may be affixed to or contained within the Service.

• You acknowledge and agree that DelAm and/or the DelAm Entities own all legal right, title and interest in and to the Service, including but not limited to graphics, user interface, the scripts and software used to implement the Service, and any software provided to you as a part of and/or in connection with the Service, including any and all intellectual property rights that exist therein, whether registered or not, and wherever in the world they may exist. You further agree that the Service (including the Software, or any other part thereof) contains proprietary and confidential information that is protected by applicable intellectual property and other laws and that you will not use such proprietary information or materials in any way whatsoever except for use of the Service in compliance with these Terms and Conditions. THE MISUSE OF THE INTELLECTUAL PROPERTY OF DELAM OR THE DELAM ENTITIES MAY SUBJECT YOU TO CIVIL AND CRIMINAL PENALTIES, INCLUDING POSSIBLE MONETARY DAMAGES, FOR COPYRIGHT INFRINGEMENT.

• DelAm grants you a personal, non-exclusive, non-transferable, limited license to use the software provided by DelAm as a part of the Service and in accordance with these Terms and Conditions. You agree that you will not (and will not permit anyone else on your behalf to) copy, modify, rent, loan, distribute, create a derivative work of, reverse engineer, decompile, or otherwise attempt to discover the source code (unless expressly permitted or required by law), sell, lease, sublicense, assign, grant a security interest in or otherwise transfer any right in the software, and you shall not exploit the Service in any unauthorized way whatsoever, including, but not limited to, by trespass or burdening network capacity.

Termination by you:

• You may stop using the Service at any time. If you wish to stop using eBenefits Platform on your mobile device, you should: (1) remove the eBenefits Platform application from the device as you would any other application, and (2) contact eBenefits Platform Support by e-mail at MetLifeWorldwideAdmin@metlife.com . If you wish to stop using eBenefits Platform on your computer, you should contact EBenefits Platform Support by e-mail at MetLifeWorldwideAdmin@metlife.com.

Termination by MetLife:

• DelAm may at any time, under certain circumstances and without prior notice, immediately terminate or suspend all or a portion of your access to the Service. Cause for such termination shall include: (a) violations of these Terms and Conditions or any other policies or guidelines that are referenced herein and/or posted on the Service; (b) a termination of your coverage under the group policy; (c) a request and/or order from law enforcement, a judicial body, or other government agency; (d) where provision of the Service to you is or may become unlawful; or (e) unexpected technical or security issues or problems.

• DelAm may terminate the Service upon prior notice via email to your address on record if there is a general discontinuance or material modification to the Service or any part thereof.

• Any termination or suspension shall be made by DelAm in its sole discretion and DelAm will not be responsible to you or any third party for any damages that may result or arise out of such termination or suspension of your access to the Service.

• You understand and agree that DelAm may discontinue the Service at any time and that it has no obligation to continue to provide the Service for any period of time.

Effects of termination:

• Upon termination you will lose all access to the Service and any portions thereof.

Disclaimer of warranties:

• DELAM SHALL USE REASONABLE SKILL AND DUE CARE IN PROVIDING THE SERVICE. THE FOLLOWING DISCLAIMERS ARE SUBJECT TO THIS EXPRESS WARRANTY. DELAM, FOR ITSELF AND THE DELAM ENTITIES, EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

• DELAM DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT (1) YOUR USE OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, (2) ANY INFORMATION OBTAINED BY YOU AS A RESULT OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (3) THAT ANY DEFECTS OR ERRORS IN THE SOFTWARE PROVIDED AS PART OF THE SERVICE WILL BE CORRECTED OR (4) THE SERVICE WILL BE FREE FROM LOSS, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING, OR OTHER SECURITY INTRUSION. DELAM DISCLAIMS ANY LIABILITY RELATING TO THE FOREGOING.

• YOU UNDERSTAND AND AGREE THAT FROM TIME TO TIME, DELAM MAY REMOVE THE SERVICE FOR INDEFINITE PERIODS OF TIME, OR CANCEL THE SERVICE IN ACCORDANCE WITH THE TERMS OF THIS AGREEMENT.

• YOU UNDERSTAND AND AGREE THAT THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE, COMPUTER, OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

• YOU UNDERSTAND AND AGREE THAT THE SERVICE IS NOT INTENDED OR SUITABLE FOR USE IN SITUATIONS OR ENVIRONMENTS WHERE THE FAILURE OR TIME DELAYS OF THE SERVICE, OR ERRORS OR INACCURACIES IN, THE DATA OR INFORMATION PROVIDED BY THE SERVICE COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE.

• SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, AS SUCH, TO THE EXTENT SUCH EXCLUSIONS ARE SPECIFICALLY PROHIBITED BY APPLICABLE LAW, SOME OF THE EXCLUSIONS SET FORTH IN THIS SECTION MAY NOT APPLY TO YOU.

Limitation of liability:

• YOU EXPRESSLY UNDERSTAND AND AGREE THAT DELAM AND THE DELAM ENTITIES SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSSES (EVEN IF DELAM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (I) THE USE OR INABILITY TO USE THE SERVICE; (II) ANY CHANGES MADE TO THE SERVICE OR ANY TEMPORARY OR PERMANENT CESSATION OF THE SERVICE OR ANY PART THEREOF; (III) THE UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR INFORMATION OR OTHER DATA; (IV) THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE AND/OR SEND OR RECEIVE YOUR INFORMATION OR OTHER DATA ON OR THROUGH THE SERVICE; (V) STATEMENTS, INFORMATION OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; AND (VI) ANY OTHER MATTER RELATING TO THE SERVICE.

• IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE §1542, WHICH SAYS: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.

• DELAM'S AND THE DELAM ENTITIES' AGGREGATE LIABILITY WILL NOT EXCEED THE GREATER OF ONE HUNDRED DOLLARS ($100) OR THE AMOUNT YOU HAVE PAID DELAM IN THE PAST TWELVE MONTHS.

• SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY BY SERVICE PROVIDERS. TO THE EXTENT SUCH EXCLUSIONS OR LIMITATIONS ARE SPECIFICALLY PROHIBITED BY APPLICABLE LAW, SOME OF THE EXCLUSIONS OR LIMITATIONS SET FORTH HEREIN MAY NOT APPLY TO YOU.

Indemnity and waiver:

• You agree to defend, indemnify and hold DelAm and the DelAm Entities harmless from any claim or demand, including reasonable attorneys' fees, made by a third party, relating to or arising from: (1) use of the Service (2) any violation by you of these Terms and Conditions or the Privacy Policy; (3) any action taken by DelAm as part of its investigation of a suspected violation of these Terms and Conditions or the Privacy Policy or as a result of its finding or decision that a violation of these Terms and Conditions or the Privacy Policy has occurred; or (4) your violation of any rights of another.

• You agree not to sue DelAm or any of the DelAm Entities as a result of DelAm's decision to remove or refuse to process any information, to warn you, to suspend or terminate your access to the Service, or to take any other action during the investigation of a suspected violation or as a result of DelAm's conclusion that a violation of these Terms and Conditions has occurred.

• This indemnity and waiver provision applies to all violations described in or contemplated by these Terms and Conditions.

• This obligation shall survive the termination or expiration of these Terms and Conditions and/or your use of the Service.

Governing law:

• These Terms and Conditions and the relationship between you and DelAm shall be governed by the laws of the State of New York, excluding its conflicts of law provisions.

• You and DelAm agree to submit to the personal and exclusive jurisdiction of the courts located within the county of New York, New York, to resolve any dispute or claim arising from these Terms and Conditions.

Contacting DelAm:

• If you have an issue to report about the Service, or if while using the Service, you encounter information you find inappropriate, or otherwise believe to be a violation of these Terms and Conditions, you may report it by sending an email to MetLifeWorldwideAdmin@metlife.com.

Miscellaneous:

• Agreement constitutes the entire agreement between you and DelAm in relation to the Service, governs your use of the Service, and completely replaces any prior agreements between you and DelAm in relation to the Service.

• You may also be subject to additional terms and conditions that may apply when you use affiliate services, third-party content, or third-party software.

• If any part of these Terms and Conditions is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.

• The failure of DelAm to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision.