Terms of Use

Thank you for visiting FifthThird.FundAdministratorGBP.com, and all their subdomains and aliases (collectively, the “Website” or “Site”). This Website is owned and operated by PACE Claims Services LLC. (referred to herein as “PACE”, “we”, “us”, “our” and “ours”). The following terms and conditions (the “Terms of Use”) form a binding agreement between you and us. Unless otherwise indicated, the terms “you”, “your” and “yours” when used in these Terms of Use means any user or visitor to the Website. 

Please read these Terms of Use carefully. Your access to and use of this Website and any of the information, materials, data, demos, blogs, products, services and other materials made available on or through this Website (collectively, “Materials”) are subject to all applicable laws, rules and regulations and to the terms and conditions set forth in these Terms of Use.  By accessing or using this Website, you agree to be bound by these Terms of Use and our Website Privacy Notice. If you are accessing or using this Website on behalf of an entity or business, you represent and warrant that you have the authority to bind such entity or business to these Terms of Use. If you do not wish to be bound by these Terms of Use, please exit this Website and cease use of all Materials, as you are not permitted to access or use this Website or other such Materials. 

The Website and Materials may not be accessed for purposes of monitoring their availability, performance or functionality, or for any other benchmarking or competitive purposes, or as otherwise restricted by this Terms of Use. You are prohibited from accessing the Website or any Materials under false pretenses. You are prohibited from falsifying or concealing your identity in your use and access of the Website or of any Materials. 

YOUR ACCESS TO THIS WEBSITE (OR PORTIONS THEREOF) AND USE OF ANY MATERIALS (OR PORTIONS THEREOF) IS NOT INTENDED, AND IS PROHIBITED, WHERE SUCH ACCESS OR USE VIOLATES ANY APPLICABLE LAWS, RULES OR REGULATIONS. 

Website Privacy Notice

All information we collect on the Services is subject to our Website Privacy Notice. By using this Website and any Materials, you consent to all actions taken by us with respect to your information in compliance with the Website Privacy Notice. 

Changes to the Terms of Use

These Terms of Use may be changed by us, in our sole discretion, from time to time with or without notice to you. Any changes or modifications to these Terms of Use will be effective upon posting on the Website. You should always review these Terms of Use prior to your access or use of the Website or Materials to ensure that you understand the current Terms of Use that apply to your access or use thereof. Your continued use of the Website or Materials following the posting of any changes or modifications will constitute your acceptance of such changes or modifications. If you cannot access these Terms of Use via the Internet, we can provide a copy of the Terms of Use then in effect by email, upon request. 

Eligibility

The Website and any Materials are offered and available only to users who are of the legal age of consent as defined by applicable law (i.e. 18 years of age or older in the United States). This Website is not intended for use with minors (as defined by applicable law). By using the Website and Materials, you represent and warrant that you are of legal age to form a binding contract with the us and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website or Materials. 

Prohibited Uses

You agree not to use the Website to: (a) modify the Materials (or any portion thereof), (b) use the Website and/or the Materials in a manner that is fraudulent, libelous, defamatory, tortious, obscene, threatening, abusive, malicious, offensive, hateful, objectionable, constitutes or encourages a criminal offense, violates the rights of another (including, without limitation, any copyright, trademark, patent, trade secret, privacy, moral or publicity rights or other intellectual property or proprietary rights of others), or otherwise violates or conflicts with these Terms of Use or any applicable law; (c) impersonate any person or entity, or otherwise misrepresent your affiliation with any person or entity; (d) use the Website to interfere, disrupt or attempt to gain unauthorized access to the Materials, other PACE accounts, any restricted portions of the Website or any computer network or equipment; (e) use any manual or automated software, devices or other processes to “crawl” or “spider” any webpages contained in the Website (including, without limitation, the use of robots, bots, spiders, scrapers or any other means to extract any Materials or other data from the Website); (f) frame or otherwise simulate the appearance or functions of the Website (or any portion thereof); and/or (g) remove or alter any copyright, trademark and other proprietary notices and legends contained in the Materials or on the Website (and any printouts thereof). 

The foregoing permission is for the sole purpose of enabling you to use the Website and enjoy the benefit of the Materials as provided on the Website in the manner permitted by these Terms of Use. We may modify the Materials from time to time and you are solely responsible for ensuring that you are using current and permitted Materials only. The foregoing permission terminates automatically if you breach any of these Terms of Use. Upon termination, you must immediately destroy any and all downloaded, archived or printed copies of the Materials and, if requested by us, certify to us in writing that you have complied with the foregoing. 

Violations 

PACE has the right, in its sole discretion, to terminate your use and access of the Website and any Materials in any and all appropriate circumstances, such as your violation of these Terms of Use. 

Exclusion of Liability 

To the fullest extent permitted by applicable law, neither we nor any of our shareholders, officers, directors, representatives, employees, agents, third-party licensors, suppliers, and contractors shall be liable for any losses and/or expenses of whatever nature, howsoever arising and regardless of the legal theory of liability, including, without limitation, any direct, indirect, special, punitive, incidental or consequential damages, loss of or inability to use, loss of data, loss caused by a virus, loss of income or profit, loss of or damage to property, claims of third parties, or other losses of any kind or character, even if we have been advised of the possibility of such damages, expenses or losses and even if an exclusive remedy provided for herein fails of its essential purpose, arising out of or in connection with your access or use of, or inability to use, this Website or the Materials or any website with which this Website is linked. If you are dissatisfied with the Website or any Materials, your sole and exclusive remedy shall be to discontinue use of the Website and Materials and terminate these Terms of Use in accordance with its terms. To the maximum extent permitted by law, in no event shall PACE’s or any third-party licensor’s total liability to you for damages, losses and causes of action (whether in contract, tort (including, but not limited to, negligence or otherwise) exceed in the aggregate amount paid by you, if any, for accessing the Website or Materials. 

Indemnity and Release 

You agree to defend, indemnify, release and hold us harmless as well as our shareholders, officers, directors, agents, representatives, employees and third-party licensors from any and all claims, liabilities, losses, expenses or demands, including reasonable legal fees, based on, arising from, or otherwise related to: (a) your breach or violation of these Terms of Use; (b) your access or use of this Website or any of the information, materials, products or services made available on or through this Website; (c) any infringement or misappropriation by you of any intellectual property or other rights of PACE or any third party; or (d) any negligence or willful misconduct by you. 

Entire Understanding 

These Terms of Use, along with the “Terms and Conditions of Electronic Claims Filing” contain the entire understanding between you and us with respect to this Website and your use and access hereof and supersedes all representations, statements, inducements, understandings, arrangements and agreements, oral or written, between you and us relating thereto unless otherwise signed in writing by authorized representatives of the parties, provided should there be a conflict between these Terms of Use and any written agreement between you and PACE related to your use of the Website, the terms of such written agreement shall control. Should any part of these Terms of Use for any reason be declared invalid, void or unenforceable by a court of competent jurisdiction, such determination shall not affect the validity of any remaining portions and such remaining portions shall remain and continue in full force and effect to the maximum extent permitted by law. Our failure to enforce any provision of these Terms of Use shall not operate as or be deemed a waiver by us of any other breach of any such provision or any other provision herein or of the right to enforce such provision(s).