Terms of Use
INTRODUCTION
Thank you for using the BenefitsAlly website. Access to and use of this website is provided by BenefitsAlly LLC (“BenefitsAlly”). By accessing and/or using this website and any services made available by BenefitsAlly, you agree to be legally bound by these Terms of Use (“Terms” or “Agreement”). You represent that you have read and understood these Terms which represent a legally binding contract between you and BenefitsAlly. If you do not agree to be bound by these Terms, please do not use the website. BenefitsAlly reserves the right to change the terms of this Agreement or to change, modify or otherwise alter any features of this website at any time and for any purpose without notice. You should visit this page regularly and review this Agreement for the current terms of this Agreement, since your continued access or use of the website will be deemed as an irrevocable acceptance of any such changes, modifications or alteration.
Any references to “we”, “our”, “the website” or “services” refers to BenefitsAlly. Any references to “you”, “your”, or “User” refers to anyone accessing this website.
This Agreement incorporates the BenefitsAlly Privacy Policy which can be found at www.benefitsally.com/privacy
BASIC TERMS
Users must be at least eighteen (18) years old in order to use the website and our services. By using this website and our services, you represent, acknowledge and agree that you are at least 18 years of age and have the right, authority and capacity to agree to and abide by these Terms.
You also represent that you will use the website and our services in a manner consistent with any and all applicable laws and regulations.
You agree that you will only use this website for lawful purposes and in accordance with all applicable laws.
BenefitsAlly may terminate this Agreement and your use of this website and our services at any time without notice if we believe that you are less than 18 years old, if you have violated this Agreement in any other way, or for any other reason.
PRIVACY
Please review BenefitsAlly’ privacy policy which is available at www.benefitsally.com/privacy. The Privacy Policy explains how we treat any information that we might collect from you. You agree that we may treat your personal information in accordance with our Privacy Policy, which is hereby incorporated by reference into this Agreement.
INTELLECTUAL PROPERTY
The website and services and all materials contained therein or transferred thereby, including, without limitation, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music, and user content, and all Intellectual Property Rights related thereto, are the exclusive property of BenefitsAlly and its licensors. Except as explicitly provided herein, nothing in this Agreement shall be deemed to create a license in or under, any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any materials or content accessible on the website.
Except as expressly provided elsewhere by this website, you may not copy, reproduce, distribute, publish, enter into a database, display, perform, modify, create derivative works, transmit, or in any way exploit any part of this website, except that you may access and display material and all other content displayed on this website for non-commercial, personal, entertainment use on a single computer only. Without limiting the generality of the foregoing, you may not distribute any part of this website over any network, including a local area network, nor sell or offer it for sale. In addition, these files may not be used to construct any kind of database. Except as expressly provided elsewhere by this website, any authorization to copy material granted by BenefitsAlly in any part of this website for any reason is restricted to making a single copy for non-commercial, personal, entertainment use on a single computer only, is subject to your keeping intact all copyright and other proprietary notices, and use of any material on any other website or networked computer environment is prohibited. Also, decompiling, reverse engineering, disassembling, or otherwise reducing the code used in any software on this website into a readable form in order to examine the construction of such software and/or to copy or create other products based (in whole or in part) on such software, is prohibited.
“BenefitsAlly” is a trademark used by us to uniquely identify our website, business, and service. You agree not to use this trademark anywhere without our prior written consent. Additionally, you agree not to use our trade dress, or copy the look and feel of our website or its design, without our prior written consent. You agree that this paragraph goes beyond the governing law on intellectual property, and includes prohibitions on any competition that violates the provisions of this paragraph.
DMCA NOTICE
The Digital Millennium Copyright Act of 1998 (the “DMCA“) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials hosted by BenefitsAlly infringe upon your copyright, you (or your agent) may send us a notice requesting that the material be removed, or access to it blocked. The notice must include the following information as required by 17 USC. § 512(c)(3)(A):
(a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed (or if multiple copyrighted works located on the site are covered by a single notification, a representative list of such works); (c) identification of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to allow Indeed to locate the material on the site; (d) the name, address, telephone number, and email address (if available) of the complaining party; (e) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (f) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send BenefitsAlly a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA. Notices and counter-notices should be sent in writing to cfisher@benefitsally.com Attn: Copyright Notice. Please be aware that there are penalties for false claims under the DMCA.
UNAUTHORIZED ACTIVITIES
You understand and agree that you are solely responsible for compliance with any and all laws, rules, regulations, and tax obligations that may apply to your use of our website and/or services. In connection with your use of our website and services, you agree that you will not:
violate any local, state, provincial, national, or other law or regulation, or any order of a court, including, without limitation, zoning restrictions, and tax regulations;
hack, crack, phish, SQL inject, or otherwise interfere with the integrity of the computer systems of our website, Service, or Users;
defame anyone;
defraud, mislead, or otherwise act dishonestly;
copy, store, or otherwise access any information contained on the website or within any content appearing therein, for purposes not expressly permitted by these Terms;
use the website or services for any commercial or other purposes that are not expressly permitted by these Terms;
use the website or services to transmit, distribute, post or submit any information concerning any other person or entity ;
stalk or harass any other user of the website or services or collect or store any personally identifiable information about any other user;
impersonate any person or entity, or falsify, or otherwise misrepresent yourself or your affiliation with any person or entity;
run any bots or other software to aggregate or browse our content;
post false information infringe on anyone’s intellectual property rights;
otherwise act in a manner which, at BenefitsAlly’s sole discretion, is objectionable.
THIRD PARTY LINKS AND SERVICES
This website may contain links to third-party websites, advertisers, services, or other events or activities that are not owned or controlled by BenefitsAlly. BenefitsAlly does not endorse or assume any responsibility for any third-party sites, information, materials, products, or services. If you access a third-party website or use a third-party service, you do so at your own risk, and you understand that this Agreement and our Privacy Policy do not apply to your use of such third-party sites or services. You expressly relieve BenefitsAlly from any and all liability arising from your use of any third-party website, service, or content. Additionally, your dealings with or participation in promotions of advertisers found on this website, including payment and delivery of goods, and any other terms (such as warranties) are solely between you and such third parties. You agree that BenefitsAlly shall not be responsible for any loss or damage of any sort relating to your dealings with such third parties.
DISCLAIMER OF WARRANTIES
Your use of this website is at your own risk. To the maximum extent permitted by law, this website and all the materials, information, software, facilities, services and other content in this website are provided “as is” and “as available” without warranties of any kind, either express or implied. To the maximum extent permitted by law, BenefitsAlly disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose and non-infringement. BenefitsAlly does not warrant that the functions contained in this website will be available, uninterrupted or error-free, that defects will be corrected, or that the servers that make the website available are free of viruses or other harmful components. BenefitsAlly does not warrant or make any representations regarding the use or the results of the use of the material, information, software, facilities, services or other content in this website or any sites linked to this website in terms of their correctness, accuracy, reliability, or otherwise. BenefitsAlly makes no warranties that your use of the materials, information, software, facilities, service or other content in this website will not infringe the rights of others and BenefitsAlly assumes no liability or responsibility for errors or omissions in such materials, information, software, facilities, service or other content of this website. If applicable law does not allow the exclusion of some or all of the above implied warranties to apply to you, the above exclusions will apply to you only to the extent permitted by applicable law.
INDEMNITY
You agree to indemnify and hold harmless BenefitsAlly and its principals, shareholder, agents, officers, directors, consultants, subsidiaries, licensors, and employees from any and all claims, damages, obligations, payments, deficiencies, fines, judgments, settlements, losses, liabilities, costs or debt, and expenses (including, but not limited to, attorney’s fees) arising from or relating to: (I) any third-party claim, suit, action or proceeding arising out of the breach of BenefitsAlly’ representations and warranties contained herein; (ii) your use and access to any of BenefitsAlly services, including any data or content transmitted or received by you; (iii) your violation of any term of this Agreement; or (iv) your violation of any third-party right, including without any limitation, any rights of privacy or intellectual property rights.
GOVERNING LAW
This Agreement and any Disputes shall be governed by the internal substantive laws of the State of Texas, without regard to its choice or conflicts of law provisions.
GENERAL
If any provision of this Agreement is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect. BenefitsAlly’s failure to enforce any term of this Agreement shall not be deemed as a waiver of such term or otherwise affect BenefitsAlly’s ability to enforce such term at any point in the future. This Agreement is the entire agreement between you and BenefitsAlly and supersedes all prior or contemporaneous negotiations, discussions or agreements between you and BenefitsAlly about the Site. The proprietary rights, disclaimer of warranties, representations made by you, indemnities, limitations of liability and general provisions shall survive any termination of this Agreement.
CHANGES
BenefitsAlly may make changes to the content and features of the site and the services at any time, with or without notice to you. BenefitsAlly can change or update this Agreement at any time by posting an Updated Terms of Use on www.BenefitsAlly.com. If we make a material modification to this Agreement or the Privacy Policy, we will notify you by sending an email to the email address you have provided to us or by displaying an announcement on the website for thirty (30) days, after which the notice will be removed. If you do not agree to any of the updated terms, you must stop using the website and services immediately.
NOTICES
BenefitsAlly may provide notifications, whether such notifications are required by law or are for marketing or other business related purposes, to you via email notice, written or hard copy notice, or through conspicuous posting of such notice on our website, as determined by BenefitsAlly in its sole discretion. BenefitsAlly reserves the right to determine the form and means of providing notifications to our Users. BenefitsAlly is not responsible for any automatic filtering you or your network provider may apply to email notifications we send to the email address you provide us.
Under California Civil Code Section 1789.3, California users of the website receive the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112 Sacramento, CA 95834, or by telephone at (800) 952-5210.
CONTACT
Any inquiries about your rights under these Terms, or any other matters regarding your privacy, can be directed to cfisher@benefitsally.com.