Privacy Policy
HUMANefits

Privacy Policy

General.

First Capitol Consulting, Inc. and its affiliates (collectively “FCC”, “we”, “our”, or “us”) respects your privacy and is committed to protecting your personal information. This Privacy Policy governs the use of our HUMANefits (“HUMANefits”) website and our online features, functionality and services. By registering for and using HUMANefits, you agree to be bound by the terms of this Privacy Policy and our Terms of Use.

In this Privacy Policy, we describe the information that we collect; how we use, disclose and share your information; and how we protect your information. This Privacy Policy applies to all users to our website, including, but not limited to, viewers of our website, job applicants, employees, employers and prospective employers (collectively, “users”, “you”, or “your”). Unless we distinguish among job applicants, employees, employers, prospective employers, and other visitors to our website, the practices described herein apply to all of users.

HUMANefits is an online Human Resources Information System that provides an array of services for employees and employers including: management and administration of payroll, benefits and insurance, onboarding processes, employment related information and training materials; tax-related services; and related activities. As part of this process, we collect information, including personal information, from all users, as further described below.

Information We Collect.

We may collect information about you from a variety of sources, including information we collect from you when you register online with HUMANefits; information we collect about you when you visit our site, use our services, view our online advertisements; and information we collect about you from other sources, such as employers, your payroll provider, your elected benefit providers, third party partners and affiliates (where permitted by law).

Information We Collect Directly From Job Applicants and Employees.

We collect information directly from you, including personal information, when you visit our website, apply for a job through our online services, register for an email subscription, create an account on our website, update your profile on your account, request information from us, or choose to complete our surveys or questionnaires (either online or paper).

We may collect this information from you at different phases of the employment process, including job search, hire, onboarding and termination of employment. For example, you may submit certain limited information when you create an account with us; additional information to apply for a position; and if hired, you may submit additional information.

The following are examples of information that we may collect directly from you through your voluntary submission:

  • Name, email address and postal address
  • Username and password
  • Date of birth
  • Phone number or mobile number
  • Company name, job title, company website
  • Driver’s license number
  • Social security number
  • Ethnic origin
  • Interests
  • Products/services in which you have expressed an interest
  • Biographical information, such as employment history, educational history or any other information that you choose to submit to us
  • Information that may be contained in a resume that you choose to voluntarily submit to us
  • Additional information requested by the prospective employer

You do not have to provide us with any personal information to view our website. If you choose to become a registered user, you will be required to submit name and contact information. If you choose to apply for a particular job, you may be required to provide additional information, such as the information listed in the bullet points above.

If your application is accepted, you may be required to provide additional information so that we can determine employer tax credit eligibility. In each case, we will collect only the personal information from you that you chose to provide to us. If you chose not to provide certain information, however, then we may be unable to provide you with all of the features of our online products and services, such as applying for jobs.

Information We Collect Directly From Prospective Employers and Employers.

We collect information directly from you, including personal and sensitive information, when you visit our website, post an open position, create an account on our website, update your profile on your account, upload employee onboarding documents, request information from us, choose to complete our surveys or questionnaires (either online or paper), or provide us with other information in connection with the products and services offered on HUMANefits.

The following are examples of information that we may collect from you:

  • Business entity name, email address and postal address
  • Username and password
  • Phone number or mobile number
  • Employer Identification Number
  • Company name, job title, company website
  • Open positions within your company
  • Bank, financial and/or tax information
  • Payroll information
  • Employee onboarding documents (e.g., Employee Handbook)
  • Healthcare coverage and benefits information

If you choose to become a registered user, you will be required to submit name and contact information. We will collect only the personal and sensitive information from you that you chose to provide to us. If you chose not to provide certain, however, then we may be unable to provide you with all of the features of our online products and services, such as determining employer tax credit eligibility.

Information We Collect When You Visit Our Site.

We use cookies and other technologies to collect information about you when you visit our site and use our services. Specifically, we may collect the following information via these technologies:

  • Your browser type and operating system
  • Web pages you view
  • Links you click
  • IP address
How We Use the Information We Collect About You

Job Applicants, Employees and Other Users to Our Website.

We use the information that we collect about you for purposes, including, but not limited to: submitting your application for an employment opportunity; notifying you of potential employment opportunities; facilitating your hiring and onboarding if your application is accepted; fulfilling your requests for services and products; fulfilling your requests for information about our services and products; and informing you about the latest product developments and other information from us or from our business partners that we believe would be of interest to you.

For example, we use the information that we collect about you for the following purposes, as applicable:

  • To submit a job application to a third party
  • To determine employer tax credit eligibility
  • To create and manage your account
  • Where permitted by law, to provide you with customized offers and information about our products and services
  • To develop and provide products and services tailored to your interests
  • To enable a prospective employer to process the necessary paperwork so that a new employee can begin employment
  • To enforce our terms and conditions and otherwise manage our business
Prospective Employers and Employers.

We use the information that we collect about you for purposes, including, but not limited to: notifying you of and processing job applications for open positions in your company; onboarding hired applicants; providing you with tax-related services; fulfilling your requests for information about our services and products; informing you about the latest product developments and other information from us or from our business partners that we believe would be of interest to you.

For example, we use the information that we collect about you for the following purposes, as applicable:

  • To process job applications for open positions in your company
  • To determine tax credit eligibility
  • To distribute onboarding documents to hired applicants
  • To create and manage your account
  • To fulfill your order for our services (including payment processing)
  • Where permitted by law, to provide you with customized offers and information about our products and services
  • To develop and provide products and services tailored to your interests
  • To enforce our terms and conditions and otherwise manage our business
Opting Out of Marketing Communications.

We may send you promotional email messages if you request to receive information from us via email. You may stop receiving promotional email messages by following the information contained in the email message or by contacting us at info@fcci.us.com.

Job Applications for Positions with FCC.

In addition to our online products and services, FCC also will collect personal information through our HUMANefits website for open positions with our own company. Applicants for FCC positions will be required to submit their name, mailing and email address, phone number, job history, and a resume. When you apply for a job with FCC, we use your information only for the purpose of fulfilling your job application with FCC. We may share your information with third parties to process your application or to conduct a background and/or credit checks.

Updating Your Personal Information.

You may modify information that you provided to us when you created your account (e.g., name, email address, user ID and password) by logging into your account.



Job Applicant and Employee Information.

We share job applicant information, at your request and direction, with prospective employers. We also share job applicant information, after you have consented, to third parties for the purposes, as applicable, of conducting background checks and to determine whether the employer is eligible for tax credits. Once an applicant has been hired, we also may share additional information with your employer for onboarding, payroll, and other administrative functions.

Personal Information of All Users.

We may hire vendor companies to provide limited services on our behalf, such as payment processing, sending postal and electronic mail, providing technical support, and to assist us in providing the products and services that you request from us. We only provide those service providers with the information necessary to perform the requested service.

We not do engage in joint marketing activities with third parties. If we do so in the future, then we give you an opportunity to opt out of such information sharing.

We also may disclose your personal information to protect our rights and property, to prevent against fraud and abuse, and to protect other users of our services. We also may disclose your information as permitted or required by law.

Personal Health Information.

FCC undertakes to comply with all health information privacy laws that apply to us. Information about you may include Protected Health Information (PHI) as defined by the Health Insurance Portability and Accountability Act of 1996 (HIPAA), and Title 45, Parts 160 through 164 of the Code of Federal Regulations and other associated laws and regulations. Consistent with our respect for you and your privacy, we will not use or share your PHI for purposes other than as allowed under HIPAA.

Security of Your Information.

We want the information that you submit to us to be secure. We use industry-standard techniques to safeguard the information that you provide to us through our server. Notwithstanding our commitment to your information, please be aware that there is a risk that others could find a way to thwart our security systems. As a result, we cannot ensure or warrant the security or privacy of any information that you choose to submit to us.

Minors’ Privacy.

HUMANefits and our products and services are not designed for use by or in connection with anyone under the age of 18. HUMANefits does not accept registration or job applicants from minors under the age of 13. FCC does not knowingly collect information from minors under the age of 13.

Changes to this Privacy Policy.

FCC reserves the right, in its sole discretion, to make changes to this Privacy Policy at any time by posting a revised version of the Privacy Policy on our website or by sending notification to the email address associated with your account. The most current version of the Privacy Policy will supersede all previous versions. Your continued access or use of HUMANefits constitutes your acceptance to the modified terms. FCC encourages you to periodically review the Privacy Policy to stay informed of our updates.

Contact Us.

HUMANefits is provided by First Capitol Consulting, Inc. If you have any questions regarding the terms of our Privacy Policy, please contact us at:

First Capitol Consulting, Inc.
Att: Legal Department
3530 Wilshire Blvd., Suite 1460
Los Angeles, CA 90010
(213)382-1115
info@fcci.us.com

Privacy Policy
HUMANefits

Website Terms and Conditions of Use

General.

HUMANefits is an online Human Resources Information System that provides an array of services for employees and employers including: management and administration of payroll, benefits and insurance, onboarding processes, employment related information and training materials; tax-related services; and related activities.

Agreement Between User and First Capitol Consulting, Inc.

The HUMANefits website and its content is operated by First Capitol Consulting, Inc. and its affiliates (collectively "FCC", "we", "our", or "us"). By registering for and using HUMANefits, you agree to be bound by all terms and conditions contained herein (collectively, the "Terms"). If you use HUMANefits on behalf of an entity, company or organization (collectively, "organization") you agree to these Terms on behalf of yourself and the organization that you represent (collectively, "users", "you", or "your").

Agreement Between User and First Capitol Consulting, Inc.

The HUMANefits website and its content is operated by First Capitol Consulting, Inc. and its affiliates (collectively "FCC", "we", "our", or "us"). By registering for and using HUMANefits, you agree to be bound by all terms and conditions contained herein (collectively, the "Terms"). If you use HUMANefits on behalf of an entity, company or organization (collectively, "organization") you agree to these Terms on behalf of yourself and the organization that you represent (collectively, "users", "you", or "your").

Privacy.

Your use of HUMANefits and the information you provide to FCC through the use of our website is subject to our Privacy Policy, which is available at PrivacyPolicy. Your election to use HUMANefits constitutes your acceptance of the terms of our Privacy Policy.

Electronic Communications.

When you visit HUMANefits or send emails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by email or by posting notices on this website. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

Eligibility.

Any use of or access to HUMANefits by anyone under 13 is strictly prohibited and in violation of the Terms. Any use of or access to HUMANefits by anyone under 18 is permitted only with the express written permission of such individual’s legal guardian, and you represent and warrant that you have received such permission, if necessary. Individuals under 18 may use HUMANefits solely for themselves and may not make use of HUMANefits on behalf any third party. HUMANefits is not designed for use by or in connection with anyone under the age of 18, and you accept all responsibility that may arise from your use of HUMANefits in connection with any minors. If you over the age of legal majority and are using HUMANefits on behalf of an entity, company or organization, you represent and warrant that you have the authority to bind said entity, company or organization by your use of the website.

Your Account.

If you use HUMANefits, you are responsible for maintaining the confidentiality of your account on HUMANefits, username, password and other sensitive information. You are responsible for all activities that occur in your FCC Account and you agree to accept responsibility for all activities that occur under your FCC Account. You acknowledge that FCC is not responsible for any loss or damage to you or to any third party incurred as a result of any unauthorized access and/or use of your FCC Account. You agree to inform us immediately of any unauthorized use of your FCC Account by email to or by calling us at info@fcci.us.com or by calling us at (213)382-1115.

Organization Accounts and Administrators.

When you register for a HUMANefits account for your organization you may specify one or more administrators. The administrators will have the right to manage end users in your organization account. You are responsible for ensuring confidentiality of your organization account password, appointing administrators for managing your organization account, and ensuring that all activities that occur in connection with your organization account comply with the Terms. You are responsible for taking necessary steps for ensuring that your organization does not lose control of the administrator accounts. In the event of a loss of control of the administrator accounts, you agree to inform us immediately by sending an email or by calling us. FCC will provide control of the administrator accounts to an individual providing proof satisfactory to FCC demonstrating authorization to act on behalf of your organization. You agree not to hold FCC liable for the consequences of any action taken by FCC in good faith in this regard. You acknowledge that FCC is not responsible for any loss or damage to your organization or to any third party incurred resulting from the loss of control of your organization’s administrator accounts.

Links to Third-Party Websites/Third-Party Services.

HUMANefits may contain hyperlinks to third-party websites ("Linked Sites"), either to make their content available to you or to enable you to communicate directly with those companies. The Linked Sites are not under the control of FCC and FCC is not responsible for the availability of such external sites and does not endorse and is not responsible or liable for any content, advertising, products, services or other materials on or available from such sites. If you access a third-party website from HUMANefits, you do so at your own risk, and the Terms and Privacy Policy of our website do not apply to your use of such third-party sites. You agree to relieve FCC from any and all liability arising from your use of any third-party website, service or content.

Use with a Mobile Device.

FCC may make available software to access HUMANefits via a mobile device ("Mobile Software"). To use the Mobile Software you must have a mobile device that is compatible with the Mobile Software. We do not warrant that the Mobile Software will be compatible with your mobile device. You are solely responsible for any mobile data usage or other similar charges incurred by you in connection with the Mobile Software. You may not: (i) modify, disassemble, decompile or reverse engineer the Mobile Software, except to the extent that such restriction is expressly prohibited by law; (ii) rent, lease, loan, resell, sublicense, distribute or otherwise transfer the Mobile Software to any third-party; (iii) make any copies of the Mobile Software; (iv) remove, circumvent, disable, damage or otherwise interfere with security-related features of the Mobile Software, features that prevent or restrict use or copying of any content accessible through the Mobile Software, or features that enforce limitations on use of the Mobile Software; or (v) delete the copyright and other proprietary rights notices on the Mobile Software.

You acknowledge that FCC may from time to time issue upgraded versions of the Mobile Software, and may automatically electronically upgrade the version of the Mobile Software that you are using on your mobile device. You consent to such automatic upgrading on your mobile device, and agree that these Terms will apply to all such upgrades. Any third-party code that may be incorporated in the Mobile Software is covered by the applicable open source or third-party license EULA, if any, authorizing use of such code. The foregoing license grant is not a sale of the Mobile Software or any copy thereof, and FCC or its third-party partners or suppliers retain all right, title, and interest in the Mobile Software (and any copy thereof). Any attempt by you to transfer any of the rights, duties or obligations hereunder, except as expressly provided for in this Agreement, is void.

Permissible and Prohibited Uses.

You are granted a non-exclusive, non-transferable, revocable license to access and use HUMANefits strictly in accordance with these Terms. You warrant to FCC that you will not use HUMANefits for any purpose that is unlawful or prohibited by these Terms. You may not use HUMANefits in any manner which could damage, disable, overburden, or impair HUMANefits or interfere with any other party’s use and enjoyment of HUMANefits. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through HUMANefits. Examples of prohibited uses of HUMANefits include, but are limited to, the following: (a) deceptive and unfair trade practices; (b) placement on the site of any untrue, malicious, fraudulent, harassing, offensive or defamatory material, or any material that is irrelevant to a legitimate use of HUMANefits; (c) introduction of viruses, worms or other programming routines that are intended to disrupt or interfere with the intended operation of HUMANefits; (d) promotion of an unlawful activity or purpose, including any activity that could give rise to criminal or civil liability; and (e) any activity that infringes on the copyright, patent, trademark or other rights of any person or entity. If you engage in a prohibited use of HUMANefits, you will be barred from any future use of HUMANefits. FCC reserves the right to remove any content posted by users that we determine in our sole discretion constitutes an impermissible use or a violation of these Terms.

Copyright and Other Proprietary Rights.

You acknowledge and agree that HUMANefits and all information, data and content included therein, including, but not limited to, texts, graphics, logos, icons and images, as well as the compilation thereof, and any software used on HUMANefits, is the property of FCC or third-parties and is protected by copyright law and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.

You agree not to modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any content, in whole or in part, contained in HUMANefits. FCC content is not for resale. Your use of HUMANefits does not entitle you to make any unauthorized use of any protected content, and in particular, you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of FCC and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of FCC or our licensors except as expressly authorized by these Terms.

Information or Materials Provided by You.

FCC does not claim ownership of the information or materials you provide to FCC or on HUMANefits (collectively "User Content"). However, by uploading or otherwise inputting your User Content on HUMANefits, you are granting FCC permission to use your User Content in connection with any services that FCC may be providing to you. You represent and warrant that you own or otherwise control all of the rights to your User Content including, without limitation, all the rights necessary for you to upload or otherwise input the User Content.

Accuracy of Information.

You acknowledge and agree that all information and materials contained in your User Content are true, accurate, current and complete. You understand and agree that FCC must and will rely on the accuracy of your User Content in connection with any services that we may be providing to you. You further acknowledge and agree that if you provide FCC with incorrect or incomplete information or there is any error or omission in your User Content, we will not be liable for losses or damages resulting from such incorrect or incomplete information, error or omission.

No Professional Advice.

You acknowledge and agree that HUMANefits nor any information contained therein is intended as tax, legal or professional advice of any nature. Although the site provides access to various information and recommendations pertaining to tax, health benefits and coverage, employment and related issues, such information and recommendations are provided for informational purposes only and should not be construed as legal or professional advice. You acknowledge and agree that you are solely responsible for determining the nature, potential value and suitability, for yourself or your organization, of any information or recommendation contained on HUMANefits. No action should be taken based upon such information or recommendation without first seeking independent professional advice.

International Usage.

HUMANefits is controlled, operated and administered by FCC from our offices within the United States. You agree to comply with all local rules where you reside or your organization is located regarding online activities, email, our website and the products and services we offer. More specifically, but without limitation, you agree to comply with all applicable laws regarding the transmission of technical data exported to or from the United States or the country in which you reside. We make no representation that HUMANefits or our products or services are appropriate or available for use outside the United States. Those who access HUMANefits from outside the United States do so at their own initiative and risk, and are fully responsible for compliance with all applicable laws in those locations.

Indemnification.

You agree to indemnify, defend and hold harmless FCC, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorneys' fees) relating to or arising out of your use of or inability to use HUMANefits, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. FCC reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with FCC in asserting any available defenses.

Third-Party Beneficiaries.

HUMANefits underlying service provider, FCC, its business partners, third-party suppliers and providers, account providers, licensors, officers, directors, employees, distributors and agents are expressly made third party beneficiaries of these Terms. Except as set forth in the immediately preceding sentence, nothing express or implied in these Terms are intended to confer, nor shall anything herein confer, upon any person other than the parties and the respective permitted successors or assigns of the parties, any rights, remedies, obligations or liabilities whatsoever.

Assignment.

Any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by FCC without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.

Assignment.

Any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by FCC without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.

Disclaimer of Warranties.

FCC MAKES NO EXPRESS, IMPLIED OR STATUTORY REPRESENTATIONS, WARRANTIES OR GUARANTEES IN CONNECTION WITH HUMANefits, THE SERVICES OR ANY MATERIALS CONTAINED ON THE WEBSITE. UNLESS OTHERWISE EXPLICITLY STATED, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, HUMANefits, THE SERVICES OR ANY OTHER MATERIALS CONTAINED ON THE WEBSITE IS PROVIDED TO YOU ON AN "AS-IS," "WHERE-IS" BASIS WITHOUT WARRANTY, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS. FCC DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED ON THE SITE OR ANY MATERIALS OR CONTENT CONTAINED THEREIN WILL BE (i) UNINTERRUPTED, (ii) IMPERVIOUS TO HACKERS, (iii) ERROR FREE, (iv) THAT DEFECTS WILL BE CORRECTED, OR (iv) THAT THE SITE OR THE SERVER THAT MAKES SUCH SERVICES AVAILABLE ARE FREE OF VIRUS OR OTHER HARMFUL COMPONENTS. IF YOUR USE OF THE SITE OR THE MATERIALS RESULTS IN THE NEED FOR SERVING OR REPLACING EQUIPMENT OR DATA, FCC IS NOT RESPONSIBLE FOR THOSE COSTS. FCC MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS OR TIMELINESS OF THE MATERIALS, SERVICES, SOFTWARE, TEXT, GRAPHICS AND LINK IN THE SITE.

Limitation of Liability.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL FCC BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF HUMANefits, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF FCC HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING HUMANefits.

Class Action/Jury Trial Waiver.

WITH RESPECT TO ALL PERSONS AND ENTITIES, REGARDLESS OF WHETHER THEY HAVE OBTAINED OR USED HUMANefits OR THE PRODUCTS OR SERVICES PROVIDED ON OUR WESBITE FOR PERSONAL, COMMERCIAL OR OTHER PURPOSES, ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION OR OTHER REPRESENTATIVE PROCEEDING. THIS WAIVER APPLIES TO CLASS ARBITRATION, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS. YOU AGREE THAT, BY USING HUMANefits, YOU AND FCC ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR OTHER REPRESENTATIVE PROCEEDING OF ANY KIND.

Termination/Access Restriction.

FCC reserves the right, in its sole discretion, to terminate your access to HUMANefits and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, these Terms are governed by the laws of the State of California and you hereby consent to the exclusive jurisdiction and venue of courts in California in all disputes arising out of or relating to the use of HUMANefits. Use of HUMANefits is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.

You agree that no joint venture, partnership, employment, or agency relationship exists between you and FCC as a result of these Terms or use of HUMANefits. FCC’s performance under these Terms are subject to existing laws and legal process, and nothing contained in these Terms is in derogation of FCC’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of HUMANefits or information provided to or gathered by FCC with respect to such use. If any part of these Terms is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Terms shall continue in effect.

Unless otherwise specified herein, these Terms constitutes the entire agreement between you and FCC with respect to HUMANefits and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and FCC with respect to HUMANefits. A printed version of these Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that these Terms and all related documents be written in English.

Additional Terms.

The Terms apply only to your use of HUMANefits. Some features, functionality and services on our website may be governed by additional terms and conditions or separate agreements (collectively, the "Additional Terms"). You agree to review all Additional Terms relating to FCC’s products and services. In the event of any conflict between these Terms and the Additional Terms, the Additional Terms shall govern and control, unless the Additional Terms expressly state that these Terms will control. All other Terms and Additional Terms will remain in full force and effect.

Modification of Terms and Conditions of Use.

FCC reserves the right, in its sole discretion, to modify the Terms at any time by posting a revised version of the Terms on our website or by sending notification to the email address associated with your account. The most current version of the Terms will supersede all previous versions. Your continued access or use of HUMANefits constitutes your acceptance to the modified terms. FCC encourages you to periodically review the Terms to stay informed of our updates.

Contact Us.

HUMANefits is provided by First Capitol Consulting, Inc. If you have any questions regarding the Terms of our website, please contact us at:

First Capitol Consulting, Inc.

Att: Legal Department
3530 Wilshire Blvd., Suite 1460
Los Angeles, CA 90010
(213)382-1115
info@fcci.us.com

First Capitol Consulting, Inc.

Att: Legal Department
3530 Wilshire Blvd., Suite 1460
Los Angeles, CA 90010
(213)382-1115
info@fcci.us.com

If you are a California resident, in accordance with Cal. Civ. Code
§1789.3. you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs by contacting them at:

Department of Consumer Affairs

Att: Complaint Assistance Unit
1625 North Market Blvd., Suite N 112
Sacramento, CA 95824
(800) 952-5210
(916) 445-1254