THESE TERMS OF USE constitute an agreement (“Agreement”) made between Apex Capital Partners and any person accessing this website operated by MyBenefitsApp with respect to your use of Apex Capital Partners website, apex.mybenefitsapp.com. You agree to abide by all of the terms of this Agreement as a condition of your continuing to access, view or use the Site. Hays and You may be referred to as “parties” (or individually as a “party”) in this Agreement.

The Site is proprietary to and is protected by copyright and other intellectual property laws and international intellectual property treaties. Your access to the Site is by license or permission. Subject to the terms and limitations set forth in this Agreement, Apex Capital Partners agrees to provide You with a personal and non-exclusive right to access, view and use the Site.

You agree that from time to time the Site may be inaccessible or inoperable for any reason, including, without limitation: (i) equipment malfunctions; (ii) periodic maintenance procedures or repairs which Apex Capital Partners may undertake from time to time; or (iii) causes beyond the control of Apex Capital Partners, whether or not foreseeable.

You shall be solely responsible for providing, maintaining and ensuring compatibility with the Site, all hardware, software, electrical and other physical requirements for your use of the Site, including, without limitation, telecommunications and Internet access connections and links, web browsers or other equipment, programs and services required to access and use the Site.

Security and Privacy
You shall be solely responsible for the security, confidentiality, integrity, and use of all messages and/or the content that You transmit to the Site. Except as otherwise indicated below, Apex Capital Partners will use commercially reasonable efforts to not monitor, edit, or disclose any personal information about You, including your use of the Site, without your prior consent unless Apex Capital Partners has a good faith belief that such action is necessary to: (i) comply with legal process or other legal requirements of any governmental authority; (ii) protect and defend the rights or property of Apex Capital Partners; (iii) enforce this Agreement; (iv) protect the interests of users of the Site other than You or any other person; or (v) operate or conduct maintenance and repair of Apex Capital Partners services or equipment, including the Site as authorized by law. Nonetheless, You have no expectation of privacy with respect to the Internet generally or this Site in particular, and Apex Capital Partners reserves the right, to the extent permitted by applicable law, to gather necessary information about You and your use of the Site. Such personal information that is voluntarily submitted to Apex Capital Partners is not sold, and is not shared with entities outside of the firm other than appropriate service providers who assist the firm in carrying out its marketing and business functions. In general, Apex Capital Partners provides You with the right to opt-out of receiving marketing and other discretionary communications, and to update, supplement or delete your own voluntarily submitted personal information which Apex Capital Partners uses for the previously noted business purposes.

No Attorney-Client Relationship
Simply contacting Apex Capital Partners by email or otherwise will not establish an attorney-client relationship between You and Apex Capital Partners. Transmission of information between Apex Capital Partners and You is not intended to, and will not create, an attorney-client relationship between Apex Capital Partners and You. No such relationship will exist unless and until a partner in Apex Capital Partners expressly and explicitly agrees in a written engagement letter with You that the firm will undertake an attorney-client relationship with You. As a result, You should not transmit any confidential or sensitive information to us until a formal attorney-client relationship has been established. Apex Capital Partners does not agree to accept and/or maintain the secrecy of any unsolicited information You send to us unless an attorney-client relationship currently exists between us. Apex Capital Partners cannot permit an attorney-client relationship to exist until we have obtained all necessary information and evaluated all relevant information concerning potential conflicts of interest. Even in the absence of a conflict of interest, Apex Capital Partners, in its sole discretion, may decide not to enter into an attorney-client relationship with You. The information and content contained on this Site is not intended to constitute legal advice, and You should contact an attorney before relying on any such information or content.

Compliance/Attorney Advertising
The contents of this Site may constitute advertising under the applicable laws, regulations and ethical rules (the “Bar Rules”) of some jurisdictions. If this Site fails to comply with the Bar Rules of the state from which You access or view this Site, Apex Capital Partners does not wish to represent You. Unless otherwise noted, Apex Capital Partners attorneys are NOT certified by the boards of legal specialization of any state.

Content Restrictions
All materials included on this Site, including without limitation text, graphics, images, logos and other materials (collectively, “Content”), and all related intellectual property rights (including without limitation trademarks, service marks, logos, copyrights, trade dress and the “look and feel” of the Site), are owned by Apex Capital Partners (or are displayed by Apex Capital Partners with permission of its owners or as permitted by applicable law). You agree not to copy, reproduce, display, modify, transmit or distribute such Content, except printing copies for your own, non-commercial use, without the prior written consent of Apex Capital Partners. These restrictions apply to such Content in all adaptations or transformations and in all media and forms, now existing or hereafter developed.

Content Disclaimer
All Content is provided “AS IS”. Apex Capital Partners does not ensure that the Content is timely or accurate, or will remain accurate or is complete. Content may be correct when published and later become obsolete or incorrect. Apex Capital Partners does not represent that the Content will be free of errors, defects or viruses, or that any such errors, defects or viruses will be corrected. Apex Capital Partners expressly disclaims all implied warranties, including without limitation the implied warranties of merchantability, fitness for a particular purpose and non-infringement.

Apex Capital Partners reserves the right to change, modify, add or remove any portion of this Agreement, in whole or in part, at any time in our sole and absolute discretion. Changes in this Agreement will be posted on this Site. Your continued use of this Site after any changes are made shall be deemed your acceptance of the changes.

Prohibited Uses
You are solely responsible for your acts and omissions when using the Site, and You agree not to engage in unacceptable use of the Site, including without limitation use of the Site to: (a) transmit unsolicited messages, chain letters or unsolicited commercial email; (b) transmit material that, to a reasonable person may be abusive, obscene, pornographic, defamatory, harassing, offensive, vulgar, threatening or malicious; (c) transmit files, graphics, software or other material that actually or potentially infringes the copyright, trademark, patent, trade secret or other intellectual property right of any person; (d) transmit viruses, trojan horses or any other malicious code or programs; (e) engage in systematic retrieval of data or other content from this Site to create or compile, directly or indirectly, a collection, compilation, database or directory without written permission from Apex Capital Partners by use of scrapers, spiders or other tools; or (f) engage in any other activity deemed by Apex Capital Partners to be in conflict with this Agreement.

Links to Other Sites
This Site may contain links to other websites for your convenience. These sites are not under the control of Apex Capital Partners, and Apex Capital Partners has no responsibility for the content contained on any linked site and disclaims all Apex Capital Partners liability for anything contained on a linked site. If You link to any sites from the Site, You do so entirely at your own risk. You should review the terms of use and privacy policy of any site to which You link from the Site.

Feel free to write to us, to the attention of Apex Capital Partners. Alternatively, you can email us at [email protected].

Copyright 2017 Apex Capital Partners. All Rights Reserved.

Federal regulations require Apex Capital Partners n RDO Frozen to provide benefits-eligible employees with the following notices:

Private Health Information
A portion of the Health Insurance Portability and Accountability Act of 1996 (HIPAA) addresses the protection of confidential health information. It applies to all health benefit plans. In short, the idea is to make sure that confidential health information that identifies (or could be used to identify) you is kept completely confidential. This individually identifiable health information is known as “protected health information” (PHI), and it will not be used or disclosed without your written authorization, except as described in the Plans HIPAA Privacy Notice or as otherwise permitted by federal and state health information privacy laws. A copy of the Plan’s Notice of Privacy Practices that describes the Plan’s policies, practices and your rights with respect to your PHI under HIPAA is available from your medical plan provider. For more information regarding this Notice, please contact Apex Capital Partners Resources or the medical plan directly.

Women’s Health and Cancer Rights Act
Apex Capital Partners’s medical plans, as required by the Women’s Health and Cancer Rights Act of 1998, provides benefits for mastectomy-related services. These services include:

• All stages of reconstruction of the breast on which the mastectomy was performed
• Surgery and reconstruction of the other breast to produce a symmetrical appearance
• Prostheses and treatment of physical complications resulting from mastectomy (including lymphedema)

This coverage will be provided in consultation with the attending physician and the patient, and will be subject to the same annual deductibles and coinsurance provisions that apply to the mastectomy. For more information, contact your medical plan provider.

Special Enrollment Rights
If you are declining enrollment for yourself or your dependents (including your spouse) because of other health insurance coverage, you may be able to enroll yourself and your dependents in a Apex Capital Partners health plan if you or your dependents lose eligibility for that other coverage (or if the employer stops contributing towards you or your dependents’ other coverage.) However, you must request enrollment within 30 days after you or your dependent’s other coverage ends (or after the employer stops contributing toward the other coverage.)

In addition, if you have a new dependent as a result of marriage, birth, adoption, or placement for adoption, you may be able to enroll yourself and your dependents, provided that your request enrollment within 30 days after the marriage, birth, adoptions, or placement for adoption. For more information, contact Apex Capital Partners Resources.

Notice of Prescription Drug Creditable Coverage
Apex Capital Partners provides a “Notice of Prescription Drug Creditable Coverage” to all Medicare-eligible participants on an annual basis. This notice states that under the Apex Capital Partners medical plan, you have prescription drug coverage that is, on average, as generous as the standard Medicare prescription Drug Coverage. If you or an enrolled dependent becomes eligible for Medicare, you will receive this notice for your records. A copy is available upon request from Martin/ Martin Resources.

Individual Coverage Mandate
Effective January 1, 2014, Federal law requires that you have Health Care coverage or you may be subject to an income tax penalty. You can enroll in Apex Capital Partners’s health plan, or you may want to consider visiting www.healthcare.gov for information on health plans available through the Healthcare Marketplace in your area.

Grandfathered Plan Status (Only Applies to Colorado Traditional HMO)
Apex Capital Partners’s group health plan believes this plan is a “grandfathered health plan” under the Patient Protection and Affordable Care Act (the Affordable Care Act). As permitted by the Affordable Care Act, a grandfathered health plan can preserve certain basic health coverage that is already in effect when that law was enacted. Being a grandfathered health plan means that Apex Capital Partners’s group health plan may not include certain consumer protections of the Affordable Care Act that apply to other plans, for example, the requirement for the provision of preventive health services without any cost sharing. However, grandfathered health plans must comply with certain other consumer protections in the Affordable Care Act, for example, the elimination of lifetime limits on benefits.

You can contact the Employee Benefits Security Administration, U.S. Department of Labor at 1-866-444-3272 or www.dol.gov/ebsa/healthform. This website has a table summarizing which protections do and do not apply to a grandfathered health plans.

Premium Assistance Under Medicaid and the Children’s Health Insurance Program (CHIP)
If you or your children are eligible for Medicaid or CHIP and you are eligible for health coverage from your employer, your State may have a premium assistance program that can help pay for coverage. These States use funds from their Medicaid or CHIP programs to help people who are eligible for these programs, but also have access to health insurance through their employer. If you or your children are not eligible for Medicaid or CHIP, you will not be eligible for these premium assistance programs.

If you or your dependents are already enrolled in Medicaid or CHIP and you live in a State listed on the next page, you can contact your State Medicaid or CHIP office to find out if premium assistance is available.

If you or your dependents are NOT currently enrolled in Medicaid or CHIP, and you think you or any of your dependents might be eligible for either of these programs, you can contact your State Medicaid or CHIP office or dial 1-877-KIDS NOW or www.insurekidsnow.gov to find out how to apply. If you qualify, you can ask the State if it has a program that might help you pay the premiums for an employer-sponsored plan.

Once it is determined that you or your dependents are eligible for premium assistance under Medicaid or CHIP, as well as eligible under your employer plan, your employer must permit you to enroll in your employer plan if you are not already enrolled. This is called a “special enrollment” opportunity, and you must request coverage within 60 days of being determined eligible for premium assistance.

If you live in one of the following States, you may be eligible for assistance paying your employer health plan premiums. The following list of States is current as of July 31, 2013. You should contact your State on the next page for further information on eligibility:

ALABAMA – Medicaid
Website: http://www.medicaid.alabama.gov
Phone: 1-855-692-5447
ALASKA – Medicaid
Website: http://health.hss.state.ak.us/dpa/programs/medicaid/
Phone (Outside of Anchorage): 1-888-318-8890
Phone (Anchorage): 907-269-6529
Website: http://www.azahcccs.gov/applicants
Phone (Outside of Maricopa County): 1-877- 764-5437
Phone (Maricopa County): 602-417-5437
COLORADO – Medicaid
Medicaid Website: http://www.colorado.gov/
Medicaid Phone (Out of state): 1-800-221-3943
FLORIDA – Medicaid
Website: https://www.flmedicaidtplrecovery.com/
Phone: 1-877-357-3268
GEORGIA – Medicaid
Website: http://dch.georgia.gov/
Click on Programs, then Medicaid, then Health Insurance Premium Payment (HIPP)
Phone: 1-800-869-1150
IDAHO – Medicaid and CHIP
Medicaid Website: www.accesstohealthinsurance.idaho.gov
Medicaid Phone: 1-800-926-2588
CHIP Website: www.medicaid.idaho.gov
CHIP Phone: 1-800-926-2588
INDIANA – Medicaid
Website: http://www.in.gov/fssa
Phone: 1-800-889-9949
IOWA – Medicaid
Website: www.dhs.state.ia.us/hipp/
Phone: 1-888-346-9562
KANSAS – Medicaid
Website: http://www.kdheks.gov/hcf/
Phone: 1-800-792-4884
KENTUCKY – Medicaid
Website: http://chfs.ky.gov/dms/default.htm
Phone: 1-800-635-2570
LOUISIANA – Medicaid
Website: http://www.lahipp.dhh.louisiana.gov
Phone: 1-888-695-2447
MAINE – Medicaid
Website: http://www.maine.gov/dhhs/ofi/public-assistance/index.html
Phone: 1-800-977-6740
TTY 1-800-977-6741
Website: http://www.mass.gov/MassHealth
Phone: 1-800-462-1120
MINNESOTA – Medicaid
Website: http://www.dhs.state.mn.us/
Click on Health Care, then Medical Assistance
Phone: 1-800-657-3629
MISSOURI – Medicaid
Website: http://www.dss.mo.gov/mhd/participants/pages/hipp.htm
Phone: 573-751-2005
MONTANA – Medicaid
Website: http://medicaidprovider.hhs.mt.gov/clientpages/clientindex.shtml
Phone: 1-800-694-3084
NEBRASKA – Medicaid
Website: www.ACCESSNebraska.ne.gov
Phone: 1-800-383-4278
NEVADA – Medicaid
Medicaid Website: http://dwss.nv.gov/
Medicaid Phone: 1-800-992-0900
Website: http://www.dhhs.nh.gov/oii/documents/hippapp.pdf
Phone: 603-271-5218
NEW JERSEY – Medicaid and CHIP
Medicaid Website: http://www.state.nj.us/humanservices/dmahs/clients/medicaid/
Medicaid Phone: 1-800-356-1561
CHIP Website: http://www.njfamilycare.org/index.html
CHIP Phone: 1-800-701-0710
NEW YORK – Medicaid
Website: http://www.nyhealth.gov/health_care/medicaid/
Phone: 1-800-541-2831
Website: http://www.ncdhhs.gov/dma
Phone: 919-855-4100
Website: http://www.nd.gov/dhs/services/medicalserv/medicaid/
Phone: 1-800-755-2604
OKLAHOMA – Medicaid and CHIP
Website: http://www.insureoklahoma.org
Phone: 1-888-365-3742
OREGON – Medicaid and CHIP
Website: http://www.oregonhealthykids.gov
Phone: 1-877-314-5678
Website: http://www.dpw.state.pa.us/hipp
Phone: 1-800-692-7462
Website: www.ohhs.ri.gov
Phone: 401-462-5300
Website: http://www.scdhhs.gov
Phone: 1-888-549-0820
Website: http://dss.sd.gov
Phone: 1-888-828-0059
TEXAS – Medicaid
Website: https://www.gethipptexas.com/
Phone: 1-800-440-0493
UTAH – Medicaid and CHIP
Website: http://health.utah.gov/upp
Phone: 1-866-435-7414
VERMONT– Medicaid
Website: http://www.greenmountaincare.org/
Phone: 1-800-250-8427
VIRGINIA – Medicaid and CHIP
Medicaid Website: http://www.dmas.virginia.gov/rcp-HIPP.htm
Medicaid Phone: 1-800-432-5924
CHIP Website: http://www.famis.org/
CHIP Phone: 1-866-873-2647
Website: http://hrsa.dshs.wa.gov/premiumpymt/Apply.shtm
Phone: 1-800-562-3022 ext. 15473
Website: www.dhhr.wv.gov/bms/
Phone: 1-877-598-5820, HMS Third Party Liability
WISCONSIN – Medicaid
Website: http://www.badgercareplus.org/pubs/p-10095.htm
Phone: 1-800-362-3002
WYOMING – Medicaid
Website: http://health.wyo.gov/healthcarefin/equalitycare
Phone: 307-777-7531

To see if any more States have added a premium assistance program since July 31, 2013, or for more information on special enrollment rights, you can contact either:

U.S. Department of Labor
Employee Benefits Security Administration
1-866-444-EBSA (3272)

U.S. Department of Health and Human Services
Centers for Medicare & Medicaid Services
1-877-267-2323, Ext. 61565