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1.4
Maintenance and Support of Retirement Manager
1.4.1
VRSCO shall use commercially reasonable practices and security
procedures necessary to ensure the availability and functionality of the
Retirement Manager web site. The Retirement Manager web site will be
available to Employer, Approved Vendors and employees 24 hours a day,
seven days a week, 365/366 days a year; provided, however, VRSCO
reserves the right to perform routine scheduled maintenance and
nonscheduled maintenance. Via online messages, VRSCO will notify
Employer in advance of any routine maintenance that will cause the
Retirement Manager web site or a material part thereof to be temporarily
unavailable. Except as impracticable, VRSCO agrees to provide advance
notice for emergency maintenance. In the event of such routine or
emergency maintenance, VRSCO warrants that it shall exercise due
diligence to preclude a disruption of Retirement Manager that is greater
than 48 hours in length. VRSCO shall implement such fixes, repairs, and
updates to Retirement Manager as necessary to ensure that Retirement
Manager operates in accordance with the specifications set forth in this
Agreement and the requirements of applicable law.
1.5
Training
1.5.1
VRSCO will provide comprehensive online training materials. Such
information will be updated as appropriate and updated copies including
their publication date will be available online. In addition, VRSCO agrees
to provide phone support to key Employer contacts and online training
upon initial release and upon release of significant changes/upgrades to the
site.
1.6
Terms of Use
1.6.1
Retirement Manager will include a “Terms of Use,” agreed to in writing
by Employer and VRSCO, which shall constitute the terms under which
the Employer and its employee users are permitted to access and use
Retirement Manager. Such Terms of Use will be posted on and accessible
from Retirement Manager as well as Employer’s web sites (in the
discretion of Employer) and shall include, but may not be limited to, the
following:
•
Specific uses of or access to Retirement Manager that are (1)
authorized and permitted or (2) unauthorized and prohibited, and
•
Disclaimers and limitations on Employer’s and VRSCO’s liability.
The parties may agree in writing to change such Terms of Use in order to
meet changing business conditions or legal or regulatory developments.
Further, Employer acknowledges that it has reviewed the Terms of Use to
which VRSCO Users and Approved Vendors are held and agrees such
terms are sufficient and acceptable.
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