Benefit Professionals, Inc. Terms of Use
These Terms and Conditions of Use (the "Terms of Use") apply to the Benefit Professionals, Inc. website (benefitpros.com) (the “Site”). The Site is the property of Benefit Professionals, Inc.
BY USING THE SITE, YOU AGREE TO THESE TERMS OF USE. IF YOU DO NOT AGREE TO THESE TERMS OF USE, DO NOT USE THIS SITE.
Changes to Terms of Use
Benefit Professionals, Inc. holds the right to make modifications to these Terms of Use at any time. Responsibility lies with you to review these Terms of Use periodically for modifications. Continued use of the Site following any posted changes conveys that you accept and agree to the changes.
Privilege to Use the Site
Providing that you comply with the Terms of Use, Benefit Professionals, Inc. allows you the privilege (a) to enter and use the Site solely for its stated purpose and (b) to print information from the Site for its stated purposes, provided that you maintain all copyright and other proprietary notices for said materials. No versions (printed or electronic) of any part of the Site or its contents may be used in any litigation or arbitration without specific written authorization.
Content
All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code (collectively, "Content"), including but not limited to the design, structure, selection, coordination, expression, "look and feel" and arrangement of such Content, contained on the Site is owned, controlled or licensed by or to Benefit Professionals, Inc., and is protected by copyright, and trademark laws, and other intellectual property rights and unfair competition laws. No right, title, or interest in or to the Site or any Content is transferrable to you, and all rights are reserved by Benefit Professionals, Inc. You may access and use resource documents provided on the Site provided that you use the documents for non-commercial purpose, and you make no modifications to their content.
Your Use of the Site
You may not use any electronic method such as algorithm, robot, spider, or any similar method to access or monitor our Site content. Benefit Professionals, Inc. retains the right to prohibit further use by entities applying these methods. You may not data mine, "hack," scan, or apply vulnerability studies to the Site, nor attempt to breach or authenticate security methods of the Site or networks connected to the Site.
You agree not to apply any action of unreasonable use of any device, software, or routine to interfere with the presentation of the Site or with any other person's use of the Site.
You agree not to manipulate identifiers to disguise the origin of any message or transmittal you attempt to send to Benefit Professionals, Inc. through the Site. You agree not to misrepresent that you are someone else or impersonate other individuals or entities. You agree not to use the Site or its Content for any unlawful act or any act prohibited by the Terms of Use.
Privacy
Privacy Policy as stated herein on behalf of Benefit Professionals, Inc. is relevant to use of this Site, and its terms are part of the Terms of Use by this reference. Please review the full Privacy Policy document found on the footer of the Site by clicking to its contents.
Links to Other Sites and Third-Party Content
Our Benefit Professionals, Inc. website contains links to resource websites not operated or controlled by Benefit Professionals, Inc. Benefit Professionals, Inc. is not responsible for the personal information collection and use policies of these linked websites. Please review the policies of any linked website regarding their use of your personal information.
We are not responsible for and assume no liability for any mistakes, misstatements of law, defamation, omissions, falsehood, obscenity, pornography or profanity, opinions, representations, or any other form of third-party Content on the Site. You understand and agree that the third-party information and opinions are solely the thoughts of the owners of the third-party Content and are not endorsed by or reflect the beliefs of Benefit Professionals, Inc.
Modifications to the Site
You understand that Benefit Professionals, Inc. can elect to modify, suspend, or terminate operation of or access to the Site at any time. BPI can change any part or policy at any time and can choose to apply maintenance at any time as it sees fit.
Preservation and Disclosure of Information
You accept and agree that Benefit Professionals, Inc. may preserve any communication by you through the Site and may disclose any information you provide (including your identity) within the terms of our Privacy Policy.
Disclaimers
Benefit Professionals, Inc. holds that the Site's contents may not be free of errors. Additionally, BPI cannot guarantee that the Site will run uninterrupted. All content, resources, and general information are provided "as is" and are subject to change without notice. BPI cannot guarantee that any file or data you download will be free of viruses. BPI denounces any and all liability for acts, omissions, and conduct of any third-party links or information on the Site. Any dissatisfaction of your use of the site should result in your action to stop using or accessing the Site.
Limitation of Liability
To the fullest extent of the law, Benefit Professionals, Inc., its employees, agents, service providers, managers, officers, or affiliates in no case will be held liable for damages of any kind as a result of your use or inability to use the Site or any third-party links within the Site, any content or feature including direct or indirect, consequential or punitive damages including, but not limited to, personal injury, pain and suffering, emotional distress, loss of revenue, loss of profits or business, loss of data whether caused by tort, negligence, breach of contract or otherwise, even if foreseeable.
Violation of These Terms of Use
You agree that Benefit Professionals, Inc. may, in its sole discretion and without prior notice, terminate your access to the Site or restrict future access to the Site if it is determined that you violated the Terms of Use. You agree that Benefit Professionals, Inc. may, in its sole discretion and without prior notice, terminate your access to the Site, for causes such as (but not limited to) requests by law enforcement or other government agencies, request by you, or unexpected technical issues or problems.
You are notified and you understand that as a result of your violation of the Terms of Use, Benefit Professionals, Inc. may take legal action against you and will be entitled to recover from you, and you agree to pay, all reasonable attorneys' fees and costs and any other relief granted to Benefit Professionals, Inc. You agree that Benefit Professionals, Inc. will not be liable to you or any third-party for termination of your access to the Site as a result your violations. The remedies for Benefit Professionals, Inc., pursuant to the Terms of Use are cumulative and additional to any other rights or remedies awarded to Benefit Professionals, Inc.
Governing Law; Dispute Resolution
You agree that all matters relating to your access to or use of the Site, including all disputes, will be governed by the laws of the United States and by the laws of the State of Alabama without regard to its conflicts of laws provisions.
In the event of any controversy or dispute between Benefit Professionals, Inc. and you connected to your use of the Site, the parties shall attempt, promptly and in good faith, to resolve any dispute. The inability to resolve disputes within a reasonable time (not to exceed thirty (30) days), either party may request mediation. If the dispute cannot be resolved through mediation, parties shall be free to pursue any right or remedy available to them under applicable law.
You agree to the personal jurisdiction by and venue in the state and federal courts in Alabama and waive any objection to such jurisdiction or venue. Any claim under the Terms of Use must be brought within one (1) year after the cause of action ensues, or such claim or cause of action is voided. No recovery may be sought or received for damages other than out-of-pocket expenses, except that the prevailing party will be entitled to costs and attorneys' fees.
Void Where Prohibited
Benefit Professionals, Inc. owns and operates the Site. The Site is accessible worldwide; however, not all features discussed, referenced, provided, or offered through the Site are available to all viewers or in all geographic locations, or appropriate or available for use outside the United States. Benefit Professionals, Inc. reserves the right to limit, in its sole discretion, any feature to any person or geographic area. Any feature on the Site is void where prohibited. If you choose to access the Site from outside the United States, you do so on your own risk and you are solely responsible for complying with any applicable local laws.
Miscellaneous
You may not use or export or re-export any Content or any copy or adaptation of such Content, or any service offered on the Site, in violation of any applicable laws or regulations, including without limitation United States export laws and regulations.
If any of the provisions of the Terms of Use are held by a court or other tribunal of competent jurisdiction to be void or unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of the Terms of Use, so that the Terms of Use shall remain in full force and effect. The Terms of Use constitute the entire agreement between you and Benefit Professionals, Inc. regarding your use of the Site, and, any and all other written or oral agreements or understandings previously existing between you and Benefit Professionals, Inc. with respect to such use are hereby superseded and cancelled. Benefit Professionals, Inc.'s failure to insist on or enforce strict performance of the Terms of Use shall not be construed as a waiver of any provision or right it has to enforce the Terms of Use, nor shall any course of conduct or any other party be deemed to modify any provision of the Terms of Use.