Terms of Service & Conditions of Use

The following describes the Terms of Service Conditions of Use for Benefits Media websites and services.

PLEASE READ THIS DOCUMENT CAREFULLY BEFORE ACCESSING OR USING OUR WEBSITES OR SERVICES. BY ACCESSING OR USING OUR WEBSITES OR SERVICES, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH BELOW. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR USE OUR WEBSITES OR SERVICES. IF YOU DO NOT UNDERSTAND THESE TERMS AND CONDITIONS, DO NOT USE OUR WEBSITES OR SERVICES. WE MAY MODIFY THIS AGREEMENT AT ANY TIME WITHOUT INDIVIDUAL, SPECIFIC NOTICE TO YOU, AND SUCH MODIFICATIONS SHALL BE EFFECTIVE IMMEDIATELY UPON POSTING OF THE MODIFIED AGREEMENT ON OUR WEBSITES. YOU AGREE TO REVIEW THE AGREEMENT PERIODICALLY TO BE AWARE OF SUCH MODIFICATIONS AND YOUR CONTINUED ACCESS OR USE OF OUR WEBSITES OR SERVICES AFTER SUCH NOTICE SHALL BE DEEMED YOUR CONCLUSIVE ACCEPTANCE OF THE MODIFIED AGREEMENT, INCLUDING ANY AND ALL MODIFICATIONS, ADDITIONS, DELETIONS, OR OTHER CHANGES.

Our BENEFITS.COM website (and other “internal” websites stemming from them, such as specific membership sites or webpages pertinent to the main website or weblog) are an online (and, periodically, offline) information service and is subject to your compliance with the terms and conditions set forth below (all parts and parties collectively referred to as our websites).

Any other policies, notices, or other legal/administrative pages contained in our websites are necessarily incorporated into these Terms of Service and Conditions of Use. This may include, without limitation, a DMCA Policy, Privacy Policy, Disclaimer, Copyright Notice, Anti-Spam Policy, and FTC Compliance Policy.

You agree to obey all applicable laws and regulations regarding your use of Benefits Media websites and associated services and the content and materials provided in it.

Benefits Media’ websites are independent, stand-alone websites that have no relationship, connection, or affiliation whatsoever with any company (other than with Benefits Media), person, outfit, organization, or group mentioned herein, even if such name appears in our website name, domain, URL, or otherwise. You should assume no other party, by mere mention of their name, has endorsed anything you see here. The aim is simply to provide useful resources for our readers, some of which we may be compensated for. You should simply assume at all times we are being compensated and, while that may not prompt us to make unsound recommendations, you should always be responsible for your own financial decisions, be it investing, purchasing, donating, or otherwise.

1. Copyright, Licenses and Idea/User Submissions.

The following describes the Copyright Notice for our websites.

The entire contents of our websites are protected by intellectual property law, including international copyright and trademark laws. The owner of the copyrights and/or trademarks are our websites, and/or other third party licensors or related entities.

You do not own rights to any article, book, ebook, document, blog post, software, application, add-on, plugin, art, graphics, images, photos, video, webinar, recording or other materials viewed or listened to through Benefits.com or via email or by way of protected content in a membership site. The posting of data on our websites, such as a blog comment, does not change this fact and does not give you any right in the data. You surrender any rights to your content once it becomes part of our websites.

YOU MAY NOT MODIFY, COPY, REPRODUCE, REPUBLISH, UPLOAD, POST, TRANSMIT, OR DISTRIBUTE, IN ANY MANNER, THE CONTENT ON OUR WEBSITES, INCLUDING TEXT, GRAPHICS, CODE AND/OR SOFTWARE. You must retain all copyright and other proprietary notices contained in the original content on any copy you make of the content. You may not sell or modify the content or reproduce, display, publicly perform, distribute, or otherwise use the content in any way for any public or commercial purpose. The use of paid content on any other website or in a networked computer environment for any purpose is prohibited. If you violate any of the terms or conditions, your permission to use the content automatically terminates and you must immediately destroy any copies you have made of the content.

You are granted a nonexclusive, nontransferable, revocable license to use our websites only for private, personal, noncommercial reasons. You may print and download portions of material from the different areas of the websites solely for your own non-commercial use, provided that you agree not to change the content from its original form. Moreover, you agree not to modify or delete any copyright or proprietary notices from the materials you print or download. Also note that any notice on any portion of our websites that forbids printing & downloading trumps all prior statements and controls.

As a user, you agree to use the products and services offered by our websites in a manner consistent with all applicable local, state and federal laws and regulations. No material shall be stored or transmitted which infringes or violates the rights of others, which is unlawful, obscene, profane, indecent or otherwise objectionable, threatening, defamatory, or invasive of privacy or publicity rights.

You may not post or transmit advertising or commercial solicitation on our websites.

You agree to grant to Benefits Media a non-exclusive, royalty-free, worldwide, irrevocable, perpetual license, with the right to sub-license, to reproduce, distribute, transmit, create derivative works of, publicly display and publicly perform any materials and other information (including, without limitation, ideas contained therein for new or improved products and services) you submit to any public areas of our websites (such as bulletin boards, forums, blog, and newsgroups) or by e-mail to our websites by all means and in any media now known or hereafter developed. You also grant to Benefits Media the right to use your name in connection with the submitted materials and other information as well as in connection with all advertising, marketing, and promotional material related thereto. You agree that you shall have no recourse against Benefits Media for any alleged or actual infringement or misappropriation of any proprietary right in your communications to our websites.

Trademarks

Publications, products, content or services referenced herein or on our websites are the exclusive trademarks or servicemarks of Benefits Media or affiliated parties. Other product and company names mentioned in our websites may be the trademarks of their respective owners.

Links to Our Website

You may provide links to our websites, provided you do not change, remove, or obscure the copyright notice or other notices on our websites. Your website or other source of links must not engage in illegal or pornographic activities. Finally, you may link provided you understand that you must stop linking to our websites immediately upon request by Benefits Media.

2. Use of Benefits Media Websites.

You agree, acknowledge, and accept that we are not trained professionals and do not purport to render professional or expert advice in any arena.

Data contained on or made available through our BENEFITS.COM website is not intended to be, and does not constitute, legal advice. Data contained on or made available through our websites is not intended to be, and does not constitute, medical or health advice. Data contained on or made available through our websites is not intended to be, and does not constitute, financial/investing advice. We do not warrant or guarantee the accuracy, adequacy, or recency of the data contained in or linked to our websites.

Your Duty To Other Users

Your use of our websites is for your own personal, non-commercial benefit. In no way are you to leverage our websites in a way that mines for the personal information of other, whether in blog comments or otherwise, for your own use or for the benefit of others. This includes, but is not limited to, spam (unsolicited commercial email).

If you inadvertently obtain personal information about other users, you shall not share this with anyone else.

Restricted access

Access to certain areas of BENEFITS.COM website are restricted. We reserve the right to restrict access to other areas of our websites, or indeed our whole websites, at our discretion.

If we provide you with a user ID (username) and password to enable you to access restricted areas of our websites or other content or services, you must ensure that that user ID and password is kept confidential. You may not share your user ID and/or password with anyone for any reason, either directly or indirectly. You accept responsibility for all activities that occur under your user ID or password.

We may disable your user ID and password at our sole discretion or if you breach any of the policies or terms governing your use of BENEFITS.COM website or any other contractual obligation you owe to us.

Third-Party Products/Services

You acknowledge that, except for information, products or services clearly identified as being supplied by our websites, our websites do not operate, control or endorse any information, products or services on the Internet in any way. Except for information identified by our websites as such, all information, products and services offered through our websites or on our websites generally are offered by third parties that are not affiliated with our websites, and we may be compensated.

Viruses, etc.

You also understand that BENEFITS.COM website cannot and do not guarantee or warrant that files available for downloading through our websites will be free of infection or viruses, worms, Trojan horses or other code that manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to our websites for the reconstruction of any lost data.

Assumption of Risk

YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF OUR WEBSITES AND SERVICES AND THE INTERNET. OUR WEBSITES PROVIDE RELATED INFORMATION “AS IS” AND DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER (INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR NONINFRINGEMENT, OR THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) WITH REGARD TO THE PRODUCT OR SERVICE, ANY MERCHANDISE INFORMATION OR SERVICE PROVIDED THROUGH THE SERVICE OR ON THE INTERNET GENERALLY, AND OUR WEBSITES, COMPANY, PARTNERS, DIRECTORS, EMPLOYEES, OFFICERS, INDEPENDENT CONTRACTORS, SHARE HOLDERS, REPRESENTATIVES OR AGENTS SHALL NOT BE LIABLE FOR ANY COST OR DAMAGE ARISING EITHER DIRECTLY OR INDIRECTLY FROM ANY SUCH TRANSACTION. IT IS SOLELY YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS AND USEFULNESS OF ALL OPINIONS, ADVICE, SERVICES, MERCHANDISE AND OTHER INFORMATION PROVIDED THROUGH OUR SERVICE OR ON THE INTERNET GENERALLY. OUR WEBSITES DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE SERVICE WILL BE CORRECTED.

YOU UNDERSTAND FURTHER THAT THE PURE NATURE OF THE INTERNET CONTAINS UNEDITED MATERIALS SOME OF WHICH ARE SEXUALLY EXPLICIT OR MAY BE OFFENSIVE TO YOU. YOUR ACCESS TO SUCH MATERIALS IS AT YOUR RISK. OUR WEBSITES HAVE NO CONTROL OVER AND ACCEPTS NO RESPONSIBILITY WHATSOEVER FOR SUCH MATERIALS YOU MIGHT SOMEHOW ACCESS.

Limitation of Liability

The content may contain inaccuracies or typographical errors. BENEFITS.COM website make no representations about the accuracy, reliability, completeness, or timeliness of the content or about the results to be obtained from using our websites or the content on them. Changes are periodically made to our websites, and may be made at any time.

OUR WEBSITES DO NOT WARRANT THAT OUR WEBSITES WILL OPERATE ERROR-FREE OR THAT OUR WEBSITES OR THEIR SERVERS ARE FREE OF COMPUTER VIRUSES AND OTHER HARMFUL GOODS OR CONDITIONS. IF YOUR USE OF OUR WEBSITES OR THE CONTENT RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, OUR WEBSITES ARE NOT RESPONSIBLE FOR THOSE COSTS.

Express Disclaimer of Consequential Damages

IN NO EVENT WILL OUR WEBSITES, THEIR SUPPLIERS, OR ANY THIRD PARTIES MENTIONED ON OUR WEBSITES BE LIABLE FOR (I) ANY INCIDENTAL, CONSEQUENTIAL, INDIRECT OR OTHER DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, AND THE LIKE) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICE, OR ANY INFORMATION, OR TRANSACTIONS PROVIDED ON THE SERVICE, OR DOWNLOADED FROM THE SERVICE, OR ANY DELAY OF SUCH INFORMATION OR SERVICE. EVEN IF OUR WEBSITES OR THEIR AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR (II) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SERVICE AND/OR MATERIALS OR INFORMATION DOWNLOADED THROUGH THE SERVICE.

BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW, RESULTING IN THE SMALLEST DOLLAR AMOUNT PERMITTED FOR THE AGGREGATE LIABILITY FOR BOTH OUR WEBSITES AND AFFILIATED PARTIES FOR A CLAIM DERIVING FROM OR RELATED TO OUR WEBSITES. THIS IS IN PLACE OF ANY AND ALL OTHER REMEDIES OTHERWISE AVAILABLE.

Links to Other Websites.

Our websites contains links to third party Websites. Benefits Media makes no representations whatsoever about any other website which you may access through this one or which may link to this website. When you access a website from our websites, please understand that it is independent from our websites, and that our websites have no control over the content on that website. These links are provided solely as a convenience to you and not as an endorsement by our websites of the contents on such third-party Websites. Our websites are not responsible for the content of linked third-party Websites and does not make any representations regarding the content or accuracy of material on such third party Websites. If you decide to access linked third-party Websites, you do so at your own risk. We do not necessarily endorse, recommend, suggest or otherwise make any overture or prompt for action regarding any product or service offered. You should assume we are compensated for any purchases you make. Again, any income claims should be construed as atypical results and you assume the risk that inferior results obtain, including losses, for which we carry no responsibility or liability.

User Submissions

As a user of BENEFITS.COM website, you are responsible for your own communications and are responsible for the consequences of their posting. You must not do the following things: post material that is copyrighted, unless you are the copyright owner or have the permission of the copyright owner to post it; post material that reveals trade secrets, unless you own them or have the permission of the owner; post material that infringes on any other intellectual property rights of others or on the privacy or publicity rights of others; post material that is obscene, profane, defamatory, threatening, harassing, abusive, hateful, or embarrassing to another user of our websites or any other person or entity; post a sexually-explicit image; post advertisements or solicitations of business; post chain letters or pyramid schemes; or impersonate another person.

Our websites do not represent or guarantee the truthfulness, accuracy, or reliability of any communications posted by other users of our websites or endorse any opinions expressed by users of our websites. You acknowledge that any reliance on material posted by other users of our websites will be at your own risk.

Our BENEFITS.COM website do not necessarily screen communications in advance and are not responsible for screening or monitoring material posted by users of our websites. If observed by our websites and/or notified by a user of communications which allegedly do not conform to this agreement, our websites may investigate the allegation and determine in good faith and its sole discretion whether to remove or request the removal of the communication. Our websites have no liability or responsibility to users of our websites for performance or nonperformance of such activities. Our websites reserve the right to expel users of our websites and prevent their further access to our websites for violating this agreement or any law or regulation, and also reserves the right to remove communications which are abusive, illegal, or disruptive.

Social Media Warning (Divulgence of Personal & Private Information)

Social media has provided a platform for Internet users to disclose much personal information about themselves, in a way that seems innocuous, if not proper and expected. However, more than a few folks have already lived to regret personal information that was shared either by them or others. This has long been true of simple email. It is exponentially true of social websites and applications for social media on any other website, including this one. You are cautioned against carelessly disclosing information.

3. Indemnification.

You agree to indemnify, defend and hold harmless Benefits Media, its shareholders, officers, directors, employees, agents, licensors, suppliers and any third party information providers to our websites from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any use of our websites or violation of this Agreement (including negligent or wrongful conduct) by you or any other person affiliated with you that has accessed our websites.

4. Third Party Rights.

The provisions of paragraphs 2 (Use of the Service), and 3 (Indemnification) are for the benefit of Benefits Media and our shareholders, officers, directors, employees, agents, licensors, suppliers, and any third party information providers to the Service. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on its/their own behalf.

5. Term; Termination.

We reserve the right to investigate complaints or reported violations of these Terms of Service and Conditions of Use and to take any action we deem appropriate, including but not limited to reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any data necessary or appropriate to such persons or entities relating to your profile, email addresses, usage history, IP addresses and traffic data.

This Agreement, in whole or in part, may be terminated by Benefits Media without notice at any time for any reason. The provisions of paragraphs 1 (Copyright, Licenses and Idea Submissions), 2 (Use of the Service), 3 (Indemnification), 4 (Third Party Rights), 6 (Hiring an Attorney / No Attorney-Client Relationship), and 7 (Miscellaneous) shall survive any termination of this Agreement, in whole or in part.

6. Hiring an Investment Advisor, Attorney, or Medical or Other Professional / No Attorney-Client Relationship or Fiduciary Capacity.

Choosing a lawyer, doctor, or investment advisor is a serious matter and should NOT be based solely on data contained on our websites or in advertisements.

You may send us email, but in no instance will this communication in any way be construed as initiating a professional relationship, and so the contact should not include confidential or sensitive data because your communication will not be treated as privileged or confidential.

7. Miscellaneous.

Governing Law and Venue

This Agreement shall be governed by and construed in accordance with the laws of the State of Utah. You agree that any action including a mediation and/or arbitration must be brought in Salt Lake City, Utah. Accordingly, it shall be governed and construed in accordance with the laws of Utah in terms of those applicable to agreements, without regard to conflict of law principles.

Dispute Resolution

You agree to arbitrate all Claims between you and Benefits Media on an individual basis only and not as part of any class. A “Claim” is any case, controversy, dispute, tort, disagreement, lawsuit, legal action, or Claim now or hereafter pending between you and Benefits Media, including but not limited to any alleged state or federal statutory violation, or any dispute over the arbitrability of any Claim pursuant to the website terms. This agreement to arbitrate governs all past, current, and prospective interactions with Benefits Media. You agree that you are waiving all rights to: (a) a trial by jury; (b) participate in a class action law suit or class action arbitration; and (c) bring an action against Benefits Media in a court of law. You may individually arbitrate any claim against Benefits Media using an mediator appointed by the Salt Lake City office of the American Arbitration Association (“AAA”). The rules of the American Arbitration Association then in force shall govern the arbitration provided, however, the arbitrator shall not have any power to alter, amend, modify or change any of the terms of this Agreement nor to grant any remedy which is either prohibited by the terms of this Agreement, or not available in a court of law. Benefits Media will reimburse you up to $300 of your arbitration filing fee. You agree that this Arbitration Clause is governed by federal law, including the Federal Arbitration Act. The remainder of the Website Terms is governed by the laws of the state of Utah.

Modification

Neither the course of conduct between the parties nor industry trade practice shall act to modify any provision of this Agreement.

Assignability

Benefits Media may assign its rights and duties under this Agreement to any party at any time without notice to you.

Severability

If any part of this Agreement shall be held to be invalid or unenforceable, that portion shall be construed as much as possible consistent with applicable law and severability shall apply to the remaining portions, so that they remain in full force and effect.

This Agreement Prevails

To the extent that anything in or associated with our websites are in conflict or inconsistent with this Agreement the terms of this Agreement shall take precedence.

Waiver

Failure to enforce any provision of this Agreement shall not be deemed a waiver of the provision nor of the right to enforce the provision.

Any rights not expressly granted herein are reserved to BENEFITS.COM. 

Binding Effect

The provisions of this Agreement shall be binding upon and inure to the benefit of the personal representative, successors and assigns of the Parties hereto.

QUESTIONS/COMMENTS/CONCERNS:

If you have any questions about the contents of this page, or simply wish to reach us for any other reason, you may do so by using the Contact information below:

Benefits Media LLC
699 Industrial Ave
Isabela, PR 00662
service@benefits.com

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