Terms and Conditions
IMPORTANT: PLEASE READ THESE TERMS CAREFULLY AND ENSURE YOU UNDERSTAND THEM BEFORE BROWSING OR OTHERWISE USING THIS WEBSITE. THESE TERMS ARE A LEGALLY BINDING AGREEMENT BETWEEN YOU AND BENIFIT, LLC. USING THIS WEBSITE INDICATES THAT YOU HAVE BOTH READ AND ACCEPT THESE TERMS. YOU CANNOT USE THIS WEBSITE IF YOU DO NOT ACCEPT THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, PLEASE REFRAIN FROM USING THIS WEBSITE.
NOTE: THESE TERMS CONTAIN A DISPUTE RESOLUTION AND ARBITRATION PROVISION, INCLUDING CLASS ACTION WAIVER THAT AFFECTS YOUR RIGHTS UNDER THESE TERMS AND WITH RESPECT TO DISPUTES YOU MAY HAVE WITH BENIFIT. YOU MAY OPT OUT OF THE BINDING INDIVIDUAL ARBITRATION AND CLASS ACTION WAIVER AS PROVIDED BELOW.
1. Legally Binding Agreement
1.1. These Terms govern your use of this Site. These Terms are for the purpose of protecting our rights in order to provide you with access to the Materials and other features available on our Site. If you do not want to be bound by these Terms, you should immediately exit this Site and discontinue all use of our Site. If you remain on our Site or return at any point in the future, you agree to be bound by these Terms.
1.2. Additional terms may be placed upon your purchase of the services and/or policies contained on our Site, and on your use of certain features on our Site (e.g., posting blog comments). These additional terms will be specifically set forth in connection with such purchases and/or usage of features. By making such purchases and/or using such features, you agree to be bound by all additional terms connected to such purchases and/or features. If you do not want to be bound by such additional terms in connection with the purchase of services and/or policies addressed on our Site or in connection with your use of any features on our Site, you should not make such purchases or use such features.
These Terms may be modified only by our posting of a revised version of these Terms on our Site. You agree that Benifit LLC may revise these Terms by posting a revised version of the Terms on our Site homepage at any time without advance notice to you. Your right to access and use this Site at any point in time is conditioned compliance with, these Terms that is current at the time of such access. Thus, you should return to our Site and review these Terms from time to time. Any amendments to these Terms will be effective and deemed to apply beginning from the time that the revised Terms are posted on our Site. Any such amendments will not apply retroactively to events that occurred prior to such amendments. Your continued use of our Site will constitute your agreement to any new provisions within the revised Terms.
3. General Use
By using this Site, you represent, acknowledge and agree that you are at least 18 years of age, or if you are under 18 years of age but are at least 13 years old (a “Minor”), that you are using the Site with the consent of your parent or legal guardian and that you have received your parent’s or legal guardian’s permission to use the Site and agree to its Terms. If you are a parent or legal guardian of a Minor, you hereby agree to bind the Minor to these Terms and to fully indemnify and hold harmless Benifit if the Minor breaches any of these Terms. If you are not at least 13 years old, you may not use the Site at any time or in any manner or submit any information to Benifit or the Site.
On the condition that you comply with all your obligations under these Terms, we grant you a limited, revocable, non-exclusive, non-assignable, non-sublicenseable license to use and display the Materials solely for your personal use and to use the Site solely for your personal use. Except for the foregoing license, you have no other rights in the Site or any Materials and you may not modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of the Site or Materials in any manner. If you breach any of these Terms, the above license will terminate automatically and you must immediately destroy any downloaded or printed Materials.
4. Site Access Privileges
4.1. You can simply view the Site and not use any Services on the Site. You need not register with us to simply visit and view the Site. However, in order to access certain password-restricted areas of the Site and to use certain Services and Materials offered on and through the Site, you must register with us for an account and receive a password.
4.2. If you want an account with us, you must submit the following information through the account registration page on the Site: a working email address; first and last name; preferred username and password.
4.3. You will also have the ability to provide additional optional information which is not required to register for an account but may be helpful to us in providing you with more a more customized experience when using the Site or the Services. Once you have submitted your account registration information, our administrator shall have the right to approve or reject the requested registration, in our administrator’s sole discretion. If your account is approved by our administrator, you will be sent an e-mail that contains a password that will allow you to log-on to the Site using that password (the “Password”) for the first time you log into your account on the Site to complete the account registration process.
4.4. You are responsible for maintaining the confidentiality of your Password and you are responsible for all activities that occur using your Password. You agree not to share your Password, let others access or use your Password or do anything else that might jeopardize the security of your Password. You agree to notify us if your Password on this Site is lost, stolen, if you are aware of any unauthorized use of your Password on this Site or if you know of any other breach of security in relation to this Site.
4.5 All the information that you provide when registering for an account and otherwise through the Site must be accurate, complete and up to date. You may change, correct or remove any information from your account by either logging into your account directly and making the desired changes or contacting Benifit using the contact information at the end of these Terms requesting that we make the change.
4.6. Your access to our Site is permitted on a temporary basis. We reserve the right to withdraw or amend the service we provide on our Site without notice. We affirmatively disclaim any liability for any occasions on which our Site may be unavailable for your use.
4.7. Your access privileges are conditioned upon your adherence to these Terms. If you violate these terms, you agree that we may deny you access to the Site.
5. Assignment and Delegation
You agree not to assign or delegate any rights or obligations under these Terms. Any purported assignment and delegation shall be ineffective. We may assign or delegate all rights and obligations under these Terms, fully or partially without notice to you. We may also substitute, by way of unilateral novation (replacement), effective upon notice to you, Benifit for any third party that assumes our rights and obligations under these Terms.
6. Policy and Service Information on Our Site
6.1. We and our affiliates, through the Services, may provide a venue through which you can obtain information and you can find third-party service providers, such as insurance brokers, insurance agents and other insurance professionals (“Third Party Service Providers”). We do not endorse or recommend the products or services of any Third Party Service Provider, and are not an agent or advisor to you or any Third Party Service Provider. We do not validate or investigate the licensing, certification or other requirements and qualifications of Third Party Service Providers. It is your responsibility to investigate Third Party Service Providers. You acknowledge and agree that Third Party Service Providers are solely responsible for any services that they may provide to you and that we are not liable for any losses, costs, damages or claims in connection with, arising from, or related to, your use of a Service Provider’s products or services.
6.2. We are not a financial institution or insurance provider or other Service Provider. Instead, we, through our Services, may help to connect you with Service Providers that might meet your needs based on information provided by you. We do not, and will not, make any coverage or credit decision with any Service Provider referred to you. We do not issue insurance coverage or any other financial products.
6.3. Materials on our Site are not intended as professional advice on which reliance should be placed. A product or service shown on our Site may not necessarily be suitable for you—this is for you to decide (and, if in doubt, you should seek appropriate independent advice). We urge you to obtain the advice of financial advisors, insurance agents, brokers or other qualified professionals who are fully aware of your individual circumstances before you make any financial or insurance decisions. You acknowledge and agree that you rely on your own judgment and that of such advisors in selecting any products or services offered by Service Providers.
6.4. If you are eligible and decide to purchase a policy of insurance through our Site, by doing so you confirm that all answers given by you in your policy application are true and correct, that you have read and understood the relevant policy terms and conditions, and that you are satisfied the policy meets your needs.
6.5. Benifit cannot, and does not, guarantee that you will be issued a policy if you apply for one. We do not make any warranties or representations regarding the quotes, fees, terms, rates, coverage or services offered or made available by Third Party Service Providers. We do not guarantee that quotes, fees, terms, rates, coverage or services offered by Third Party Service Providers are the best available.
6.6. The information and statements you give, together with the policy terms and conditions, will form the basis of your contract of insurance if, in fact, any such contract of insurance is issued. Failure to provide true and complete information could result in any insurance policy that may be issued to you being rescinded or voided.
6.7. Access and use of our Services is free. At any time, we may choose to charge fees for various premium features and services, and we will notify you of those charges at the time that we offer features and services for a fee. We may, in our sole discretion, and by notifying you on our Services, change this policy and begin charging for access to our Services and other features and services, and we may, in our sole discretion, add, remove or change the features and services we offer or the fees (including the amount and type of fees) we charge at any time. If we introduce a new service or charge a new fee, we will establish and notify you of the fees for that service at the launch of the service or start of charging a new fee. If we notify you of new fees or changes to fees for an existing service, then you agree to pay all fees and charges specified and all applicable taxes for your continued use of the applicable service.
6.8. By using the Site and/or the Services provided on or through the Site, you consent to receiving electronic communications from Benifit. These electronic communications may include notices about applicable fees and charges, if any, transactional information and other information concerning or related to the Site and/or Services provided on or through the Site. These electronic communications are part of your relationship with Benifit. You agree that any notices, agreements, disclosures or other communications that we send you electronically will satisfy any legal communication requirements, including that such communications be in writing.
7. Intellectual Property Rights of Benifit
7.1. Material posted by Benifit on our Site as well as the trademarks, service marks, and logos contained on our Site are owned by or licensed to Benifit and are subject to copyright, trademark, and other intellectual property rights under the United States and foreign laws and international conventions. Benifit reserves all rights not expressly granted in, and to, our Site and the Materials on our Site.
7.2. Your use of the trademarks, service marks, and/or logos displayed on our Site, or any other original Materials on our Site, except as specifically permitted within these Terms, is prohibited without the prior, written permission of Benifit, which may be requested by contacting Benifit’s Compliance Counsel via e-mail at [email protected] or by mail to Benifit LLC, DoubleTree Center, 9525 E Doubletree Ranch Road, Suite 106, Scottsdale, AZ, 85258. Any unauthorized use of the Materials, trademarks, service marks, and/or logos on our Site may violate copyright laws, trademark laws, the laws of privacy and publicity, and/or communications regulations and statutes.
8. Permissible and Prohibited Uses of Site and Site Materials
8.1. You may download or print a copy of any of the Materials on our Site for your personal reference and non-commercial use. However, if you download or print a copy of any of the Materials for your own personal reference and non-commercial use, you agree to retain all copyright and other proprietary notices contained in and on the Materials.
8.2. You agree not to offer for sale or sell or distribute over any medium any part of our Site or Site Materials whatsoever. You further agree not to use any of our trademarks as metatags on other websites. You agree not to make any part of our Site available as part of another website, whether by hyperlink framing on the Internet or otherwise, without our prior written approval. To apply for such authorization, you must either contact Benifit’s Compliance Counsel via e-mail at [email protected], or by mail to, Benifit LLC, DoubleTree Center, 9525 E Doubletree Ranch Road, Suite 106, Scottsdale, AZ, 85258with the following details:
- Your name of the name of the technical contact responsible for the link(s);
- The name of your company;
- Your e-mail address and telephone number; and
- The purpose or use you would like to make of the Materials.
8.4. If you print off, copy, download, or otherwise use any part of our Site in breach of these Terms, you agree that your right to use our Site will cease immediately and you further agree to return or destroy any copies of the Materials you have made if we so request.
8.5. You agree that you will not circumvent, disable, or otherwise interfere with security-related features of our Site or features that prevent or restrict use or copying of any Materials or enforce limitations on use of our Site or the Materials on our Site. You specifically agree that you will not misuse our Site by knowingly introducing viruses, Trojans, worms, logic bombs, or other material that is malicious or technologically harmful. You further agree not to attempt to gain unauthorized access to our Site, the server on which our Site is stored, or any server, computer, or database connected to our Site. You also agree not to attack our Site via a denial-of-service attack or a distributed denial-of service attack. Unauthorized use and misuse of our Site is strictly prohibited, and, depending on the circumstances, may subject you to a civil claim for damages and/or criminal prosecution. If you commit any breach of this provision, you could be committing a civil and/or criminal offense, and we reserve the right to report any such breach of this provision to the relevant law enforcement authorities. In the event of such a breach, your right to use our Site will cease immediately.
9. Links to Other Sites
11. Content You Post on Our Site: Your Responsibilities; Your Grant of Non-Exclusive License to Benifit; Attribution; and Removal Rights
11.1. Our Site provides blogs and other features for user communication. You are entirely responsible for the content of, and any harm resulting from, any content you post to our Site (collectively, “Your Contributions” or “Contributions”). When you provide Contributions you agree that those Contributions shall not be in violation of the “Unauthorized Activities” paragraph below. Those prohibitions do not require the Benifit to monitor, police or remove any Contributions or other information submitted by you or any other user.
11.2. License, Representation, and Warranty. By posting Your Contributions on this Site, you grant Benifit an irrevocable, perpetual, transferable, non-exclusive (meaning you are free to license Your Contributions to anyone else in addition to Benifit), fully-paid and royalty-free (meaning that Benifit is not required to pay you for any of Your Contributions), sublicensable through multiple tiers (meaning Benifit can sublicense its rights to third parties), and worldwide (because the Internet and our Site are global in nature and reach) license to use, reproduce, process, adapt, publicly perform, publicly display, modify, prepare derivative works, publish, transmit and distribute each of Your Contributions, or any portion thereof, in any form, medium or distribution method now known or hereafter existing, known or developed, and authorize others to use Your Contributions. We may modify or adapt Your Contributions in order to transmit, display or distribute them over computer networks and in various media and/or make changes to Your Contributions as necessary to conform and adapt them to any requirements or limitations of any networks, devices, services or media. You further represent and warrant that you own all rights to Your Contributions.
11.3. Attribution of Your Content. You agree that Benifit may publicly identify you, without prior notification or consent, as the source of Your Content provided by you, and that such right shall survive the termination of your Site privileges, as well as the termination of these Terms.
11.4. Removal Right. You expressly agree that we may remove, disable, or restrict access to, or the availability of, any of Your Contributions from this Site (including, but not limited to, Contributions that you have posted or stored) that we believe, in good faith and in our sole discretion, to violate the terms of these Terms (whether or not we are in fact correct in our assessment), or which is the subject of a notification duly sent to us pursuant to the Digital Millennium Copyright Act (“DMCA”). As addressed in detail in Section 14 herein, if you believe that we have acted mistakenly with respect to certain Contributions, you may contact Benifit Compliance Counsel via e-mail at [email protected], or by mail to Benifit LLC, Attention: Compliance Counsel, Benifit LLC, 20343 N Hayden Road, Suite 105-231, Scottsale, AZ 85255, in which case we may investigate the matter further. We reserve the right, however, to take no further action.
12. Unauthorized Activities
When you post Contributions on our Site, you affirmatively represent and promise that:
- You are thirteen (13) years of age or older;
- Any information you submit is truthful and accurate;
- You own or have sufficient legal rights to post Your Contributions on or through the Site;
- Your Contributions do not violate the privacy rights, publicity rights, intellectual property rights, contract rights, or any other rights of Benifit or any other person or entity;
- You have obtained and fully complied with any requisite third-party licenses relating to Your Contributions, and agree to pay for royalties, fees, and any other monies owing any person by reason of the Contributions that you post to or through our Site;
- Your Contributions: (i) Are not defamatory, damaging, disruptive, unlawful, inaccurate, pornographic, vulgar, indecent, profane, hateful, racially or ethnically offensive, obscene, lewd, lascivious, filthy, threatening, excessively violent, harassing, or otherwise objectionable or incite, encourage, or threaten immediate physical harm against another, including but not limited to, Contributions that promote racism, bigotry, sexism, religious intolerance, or harm against any group or individual; (ii) Do not contain material that solicits Personal Information from anyone under the age of thirteen (13); (iii) Do not exploit anyone in a sexual or violent manner; and (iv) Do not otherwise violate any applicable laws or regulations;
- Your Contributions do not contain advertisements or solicit any person to buy or sell products or services (other than Benifit’s products and services);
- You will not use our Site for any unauthorized purpose, including collecting user names and/or e-mail addresses of other users by electronic or other means for the purpose of sending unsolicited e-mail or other electronic communications or engaging in the unauthorized framing of, or linking to, the Site without the express written consent of Benifit;
- You will not post Contributions that constitute, contain, install, or attempt to install or promote spyware, malware, or other computer code, whether on Benifit’s or others’ computers or equipment, designed to enable you or others to gather information about, or monitor the online or other activities of, any individual or entity;
- You will not transmit chain letters, bulk, or junk e-mail or interfere with, disrupt, or create undue burden on the Site or the networks or services connected to our Site, or use the system to send unsolicited or commercial e-mails, bulletins, comments, or other communications; and
You will not impersonate any other person or entity; sell or let others use your profile or password (to the extent applicable); provide false or misleading identification or address information; or invade the privacy, or violate the personal or proprietary right, of any person or entity.
13. Updating Your Contact Information
If you choose to provide us with contact information, you agree to update your contact information if it changes so we can contact you if necessary. You acknowledge and agree that, if you fail to timely update your contact information, we shall have no liability associated with, or arising from, your failure to provide us with accurate contact or other information.
14. Good Samaritan Third-Party Content Policy and Complaint Procedures
14.1. Policy. It is our policy not to allow any Content on this Site that may constitute intellectual property infringement; violation of U.S. federal, state or local laws; child pornography; or obscene, defamatory or otherwise objectionable material. Upon learning of the existence of any such Content, we will do our best, in good faith, to edit, remove, disable, change or restrict access to, or the availability of, Content that, in our subjective view and in our sole discretion, is infringing, racist, obscene, obscene as to minors, child pornography, lewd, lascivious, filthy, excessively violent, harassing, or otherwise objectionable. The provisions of this Section are intended to implement this policy but are not intended to impose a contractual obligation on us to undertake, or refrain from undertaking, any particular course of conduct.
14.2. Complaint Procedures. If you believe that another Benifit Site user or third party has posted Content that violates this policy (other than in cases of copyright infringement, which is addressed in Section 15 herein), we ask you to promptly notify Benifit’s Compliance Counsel via e-mail at [email protected], or by mail to Benifit, LLC, Attention: Compliance Counsel, Benifit LLC, DoubleTree Center, 9525 E Doubletree Ranch Road, Suite 106, Scottsdale, AZ, 85258. In order to allow us to respond effectively, please provide us with as much detail as possible, including: (a) The nature of the right infringed or violated (including the registration numbers of any registered trademarks or patents allegedly infringed) or the unacceptable or inappropriate Content; (b) All facts which lead you to believe that a right has been violated or infringed, if applicable; (c) The precise location where the offending Content is located; (d) Any grounds to believe that the party or user who posted the Content was not authorized to do so or did not have a valid defense (including the defense of fair use), if applicable; and (e) If known, the identity of the person or persons who posted the infringing or offending Content; and (f) In the case of alleged copyright claims, information sufficient to identify the work and your claims to ownership.
14.3. Indemnification/Waiver of Certain Rights. By contacting us and complaining of an alleged violation, you agree that the substance of your complaint shall be deemed to constitute a representation made under penalty of perjury under the laws of the State of Arizona. In addition, you agree, at your own expense, to defend and indemnify us and hold us harmless against all claims which may be asserted against us, and all losses incurred, as a result of your complaint and/or our response to it.
14.4. Waiver of Claims and Remedies. We expect our Site visitors to take responsibility for their own actions and cannot assume liability for any acts of third parties that take place at this Site. By taking advantage of the Good Samaritan procedures set forth herein, you waive any and all claims or remedies which you might otherwise be able to assert against us under any theory of law (including, but not limited to, intellectual property laws) that arise out of, or relate in any way to, the Content on this Site or our response, or failure to respond, to a complaint.
14.5. Investigation/Liability Limitation. You agree that we have the right (but not the obligation) to investigate any complaint received. By reserving this right, we do not undertake any responsibility to investigate complaints or to remove, disable, or restrict access to, or the availability of, Content. We support free speech on the Internet, and therefore will not act on complaints that we believe, in our subjective judgment, to be deficient or incomplete. If you believe that Content remains on this Site that violates your rights, your sole and exclusive remedy shall be against the user or other party responsible for posting such Content, not against us. Your sole and exclusive remedy against us will be to terminate your use of this Site and service.
15. Digital Millennium Copyright Act Policy and Infringement Notification Procedures
15.1 Policy. Benifit’s policy is to respond expeditiously to clear notices of alleged copyright infringement that comply with the United States DMCA. This section describes Benifit’s process for infringement notification and counter notification; Benifit’s policy of terminating user rights for repeat copyright infringers; and Benifit’s accommodation of standard technical measures used by copyright owners to identify or protect copyrighted works. The information contained herein is intended to comply with Benifit’s obligations under the DMCA and does not constitute legal advice. Upon receipt of proper notification of claimed infringement, Benifit will follow the procedures outlined herein and in the DMCA.
15.2. Contact Information for Benifit’s Designated Agent. Benifit’s Designated Agent to receive notification of alleged infringement, as well as any counter notifications, under the DMCA is:
Benifit’s Compliance Counsel
E-Mail: [email protected]
Physical Mail: Benifit, LLC, Attention: Compliance Counsel, Benifit LLC, 20343 N Hayden Road, Suite 105-231, Scottsdale, AZ, 85255.
15.3. Notice and Takedown Procedure. This section addresses the information required for infringement notices. It is designed to make submitted notices of alleged infringement to Benifit as straightforward as possible. The form of notice specified below is consistent with the form suggested by the DMCA (the text of which can be found at the U.S. Copyright Office Website, http://www.copyright.gov), but Benifit will respond to other appropriate forms of notice as well.
It is anticipated that all users of any part of Benifit’s Site will comply with all applicable copyright laws. However, if Benifit receives proper notification of claimed copyright infringement, Benifit’s response to these notices will include removing or disabling access to material claimed to be the subject of infringing activity and, as appropriate, terminating user rights to post further Content on Benifit’s Site, regardless of whether Benifit could be liable for such infringement under the laws of the United States or another jurisdiction.
If Benifit removes or disables access in response to such a notice, Benifit will make a good faith attempt to contact the owner or administrator of the affected Site or Content so that they may make a counter-notification pursuant to the DMCA. Benifit also may document notices of alleged infringement upon which Benifit acts.
15.4. Copyright Infringement Notification. If you believe that Content available on or through this Site infringes one or more of your copyrights, or that your intellectual property rights have otherwise been violated through Content posted on this Site, please send Benifit’s designated agent, whose name and contact information is provided above, a written copyright infringement notification (“Notification”), preferably through e-mail, that complies with the DMCA and provides all of the information described below:
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online Site are covered by a single notification, a representative list of such works at that Site;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Benifit to locate the material;
- Information reasonably sufficient to permit Benifit to contact the complaining party, such as an address, telephone number, and, if available, an e-mail address at which the complaining party may be contacted;
- 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;
- 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; and
- A physical or electronic signature of the owner or a person authorized to act on behalf of the owner of an exclusive right that is allegedly being infringed.
Please Note: Pursuant to federal law, you may be liable for damages and attorneys’ fees if you make any material misrepresentations in a Notification. Thus, if you are not sure whether Content available on Benifit’s Website infringes your copyright, we suggest that you first contact your personal attorney for the purpose of obtaining independent legal advice with respect to the Notification.
Acknowledgement. You acknowledge and agree that if you fail to comply with all of the requirements of this Notification, your Notification may not be valid.
15.5. Counter Notification. If you believe that material that you posted to the Site has been wrongfully removed in response to a Copyright Infringement Notification submitted by a copyright owner pursuant to the DMCA, you may send us a counter notification (“Counter Notification”) asking that the material be restored (if you are eligible to have the material restored, as outlined below). To file a Counter Notification, please provide Benifit’s designated agent, whose name and contact information is provided above, a written Counter Notification, preferably through e-mail, that complies with the DMCA and provides all of the information described below:
- Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
- A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled;
- Your name, address, and telephone number;
- A statement that you consent to the jurisdiction of the United States District Court for Arizona);
- A statement that you will accept service of process from the person who submitted the Notification or his/her agent; and
- Your signature, in physical or electronic form.
Please Note: Pursuant to federal law, you may be liable for damages and attorneys’ fees if you make any material misrepresentations in a Counter Notification. If you have any questions as to your right to send a Counter Notification, we suggest that you contact your personal attorney for the purpose of obtaining independent legal advice with respect to the Notification.
Upon receipt of such Counter Notification, Benifit will promptly provide a copy of the Counter Notification to the person who submitted the original Copyright Infringement Notification, and will inform such person that Benifit will replace the removed material or will cease disabling access to it in 10 business days. In response to a Counter Notification, that person may file a lawsuit against you seeking a determination of his/her rights with respect to the material.
Benifit will replace the removed material and cease disabling access to it not less than 10, nor more than 14, business days following receipt of the Counter Notification, unless Benifit’s Designated Agent first receives notice from the person who submitted the original infringement Notification that he/she has filed an action seeking a court order to restrain the alleged infringer from engaging in infringing activity relating to materials on Benifit’s system or network.
15.6. Termination of Rights for Repeated Infringement. In accordance with the DMCA, Benifit’s policy is to terminate, in appropriate circumstances, the rights of users who are repeat copyright infringers to access or use Benifit’s Website.
15.7. Accommodation of Standard Technical Measures. It is Benifit’s policy to accommodate and not interfere with standard technical measures (used by copyright owners to identify or protect copyrighted works) that Benifit determines are reasonable under the circumstances.
16. Disclaimer of Warranties
16.1. In order to provide you with access to and usage of the Content on our Site, we offer and make no warranties or representations about any benefits or opportunities that you can obtain at this Site.
16.2. Neither we nor any third parties provide any guarantees, representations, statements, or warranties of any kind, either expressed or implied, as to the accuracy, completeness, timeliness, correctness, and/or suitability of any information or materials displayed on our Site. You acknowledge that such information and materials may contain inaccuracies or errors.
16.3. We do not warrant that access to our Site will be uninterrupted, available at any particular time or location, that the Content is error-free, that errors and/or defects will be corrected, that your use of Content displayed on our site will not infringe rights of third parties, or that this Site or the server that makes it available are free of viruses or other harmful components.
16.4. We make no warranty or representation that the material on our Site is appropriate or available for use in any location or is compliant with all local laws. You acknowledge that access to our Site is at your own risk.
16.5. To the fullest extent permitted by applicable law, we hereby expressly disclaim all express and implied conditions, warranties, and other terms. This disclaimer includes, but is not limited to, implied warranties of merchantability and fitness for a particular purpose and any liability for direct, indirect, or consequential loss or damage incurred by any user in connection with our Site; or in connection with the use, inability to use, or results of the use of our Site, any websites linked to it, and any materials posted on it, whether caused by negligence, breach of contract, or otherwise, even if foreseeable. Further, this disclaimer applies to any damages or injury caused, or alleged to be caused, by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft, destruction, or unauthorized access to, alteration of, or use of record, whether for breach of contract, tortious behavior, negligence, or under any other cause of action.
17. Limitation and Release of Liability
17.1. In order to provide you with access to, and usage of, the Content on our Site, to the fullest extent permitted by law, neither we, nor any other party involved in creating producing or delivering this Site will be liable for any direct, indirect, incidental, consequential, special or punitive damages, however caused, arising out of your access to, use of, or reliance on any information or materials provided on the Site, including, without limitation, for any errors, inaccuracies, omissions, or other defects in, or lack of timeliness or inauthenticity of, the information contained on the Site, or for any delay or interruption of access to the information contained on the Site or transmission of data with you or any user, or for any claims or losses arising therefrom or occasioned thereby, even if we have been advised of the possibility of such damages.
17.2. We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses, or other technologically harmful material that may infect your computer equipment, computer programs, data, or other proprietary material due to your use of our site or to your downloading of any material posted on it, or on any website linked to it. Further, we cannot, and do not, guarantee continuous, uninterrupted or secure access to the Site.
You agree, at your own expense, to indemnify, defend, and hold harmless the Released Parties (defined above) against all losses, expenses, damages, and costs, including reasonable attorneys’ fees, arising in any way from: (a) your use of the Site; (b) your unauthorized use of any Content and/or Benifit’s products or services; (c) your breach or violation of these Terms and any applicable laws; and/or (d) any allegation that any submissions or other materials you submit to us otherwise violate the copyright, trademark, trade secret, or other intellectual property or other rights of any third party. Benifit reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification, and in such case, you agree to cooperate with Benifit in the defense of any such claim.
19. Effect of User Violation of Terms or Misuse of Site
19.1. Restriction, Suspension or Termination of Site Access. Benifit may, in its sole discretion, restrict, suspend or terminate your right to access this Site if you violate these Terms or otherwise misuse the Site or your Site privileges. Benifit may block access to this Site, in whole or in part, from an IP address or range of IP addresses associated with any restricted, suspended or terminated User.
19.2. Survival. These Terms shall expressly survive any such suspension or termination.
20. Choice of Law/Agreement to Arbitrate in Scottsdale, Arizona/Exception to Arbitration Agreement
20.1. Choice of Law. Except for any disputes relating to intellectual property rights, obligations or any infringement claims, which shall be governed by U.S. federal law, any disputes between you and Benifit arising out of, or relating to, these Terms (“Disputes”) shall be governed by Arizona law regardless of your country of origin or where you access Benifit, and notwithstanding any conflicts of law principles. All such disputes shall be construed in accordance with the laws of the United States and of the State of Arizona as applied to transactions entered into, and to be performed by, wholly within Arizona between Arizona residents.
20.2. Agreement to Arbitrate. All Disputes arising out of, or relating to, these Terms (including formation, performance, breach, enforceability, and validity of these Terms) or our operation of this Site shall be resolved by final and binding arbitration to be held in the English language in the City of Scottsdale, Arizona, pursuant to the rules of the American Arbitration Association. The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of these Terms, including, but not limited to, any claim that all or any part, of these Terms is void or voidable. Further, if you are located outside of the United States, we retain the right to bring proceedings against you for breach of these Terms in your country of residence or any other appropriate country.
20.3. Exception to Arbitration Agreement. Either party to these Terms may obtain preliminary injunctive relief in the Circuit Court of Scottsdale, Arizona, located in the City of Scottsdale, Arizona, for the purpose of enforcing any provision of these Terms pending a final determination in arbitration or permanent relief for the purpose of enforcing arbitral awards.
21. Complete Agreement/No Additional Representations
These Terms constitute the entire agreement between you and Benifit relating to your access to, and use of, this Site and supersedes any prior or contemporaneous representations or agreements. These Terms may not be modified, either expressly or by implication, except as set forth herein in Section 2.
If any portion of these Terms is ruled invalid or otherwise unenforceable, it shall be deemed amended in order to achieve as closely as possible the same effect as originally drafted. Any invalid or unenforceable portion should be construed as narrowly as possible in order to give effect to as much of these Terms as possible.
23. Local Laws; Export Control
We control and operate this Site from our headquarters in the United States of America and the Materials may not be appropriate or available for use in other locations. If you use this Site outside the United States of America, you are responsible for following applicable local laws.
If you send or transmit any communications, comments, questions, suggestions, or related materials to us, whether by letter, email, telephone, or otherwise (collectively, “Feedback”), suggesting or recommending changes to the Site, any Services offered through the Site or Materials, including, without limitation, new features or functionality relating thereto, all such Feedback is, and will be treated as, non-confidential and non-proprietary. You hereby assign all right, title, and interest in, and Benifit is free to use, without any attribution or compensation to you, any ideas, know-how, concepts, techniques, or other intellectual property and proprietary rights contained in the Feedback, whether or not patentable, for any purpose whatsoever, including but not limited to, developing, manufacturing, having manufactured, licensing, marketing, and selling, directly or indirectly, products and services using such Feedback. You understand and agree that Benifit is not obligated to use, display, reproduce, or distribute any such ideas, know-how, concepts, or techniques contained in the Feedback, and you have no right to compel such use, display, reproduction, or distribution.
25. Company Information
Benifit, LLC is a private company registered in Scottsdale, AZ, and has its registered office at DoubleTree Center, 9525 E Doubletree Ranch Road, Suite 106, Scottsdale, AZ, 85258