Law and Severability
These terms and conditions shall be construed in accordance with the laws of the State of Delaware. By using this website, you agree to submit any and all disputes arising out of these terms and conditions to the exclusive jurisdiction of the state or federal courts in Travis County, Delaware. If any provision of these terms and conditions are deemed unlawful or unenforceable, said provision is deemed “severable” and does not affect the validity and enforceability of any remaining provisions.
Intellectual Property
The content on this website is the property of Benifyt and is protected by intellectual property law. All content of our website, including but not limited to any names, logos, trademarks, service marks, brand identities, characters, trade names, software, music, sound, text, graphics, designs, copyrights, trade dress, or other intellectual property appearing therein are owned by Benifyt or used under a license from a third-party owner, and are protected under copyright and trademark laws.
Authorized Use
The use or misuse of any content, except as provided in these terms and conditions, is strictly prohibited. Benifyt grants you a non-exclusive, limited, personal, non- transferable, revocable license to access and use the content, without right to sublicense, under the following conditions: you shall not, without our prior written consent (a) distribute text or graphics to others; (b) copy and retransmit, disseminate, broadcast, circulate, or otherwise distribute the content on any other server, or modify or re-use all or part of the content on this system or any other system; (c) use any tradename, trademark, or brand name of Benifyt in metatags, keywords and/or hidden text; (d) (1) copy, distribute, modify, transmit, perform, reuse, re-post, or otherwise display the content, in whole or in part, for public or commercial purposes; (2) modify, translate, alter or create any derivative works thereof; or (3) commercially exploit the content, in whole or in part, in any way; (e) use the website, the content, and/or any portion thereof, in any manner that may give a false or misleading impression, attribution or statement as to Benifyt, the Owners, or any third party referenced therein. Any unauthorized use, including, the reproduction, modification, distribution, transmission, republication, or display of the
content is strictly prohibited. Benifyt reserves all other rights. You do not acquire ownership rights to any content viewed or accessed, and Benifyt’ s posting of the content on the website does not constitute a waiver of any right in such content. You shall not alter, remove, or obscure any copyright notice, digital watermarks, proprietary legends, or any other notice included in the content. Except as expressly provided herein, nothing on the website shall be construed as conferring any license under Benifyt’ s and/or an Owner’s intellectual property rights, whether by estoppel, implication, or otherwise. Notwithstanding anything herein to the contrary, Benifyt may revoke any of the foregoing rights and/or your access to the website, or any part thereof, including the blocking of your IP Address, at any time without prior notice. You may not use the website to post content that is unlawful, obscene, threatening, inflammatory, libellous, defamatory, or the includes any misleading information. We reserve the right to remove any submission at any time.
Disclaimer
THE CONTENT AND ALL OTHER INFORMATION AND MATERIALS CONTAINED IN THE WEBSITE ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. Benifyt DOES NOT WARRANT THE ACCURACY, ADEQUACY, OR COMPLETENESS OF THIS INFORMATION AND MATERIALS AND EXPRESSLY DISCLAIMS LIABILITY FOR ERRORS OR OMISSIONS IN THIS INFORMATION AND MATERIALS. THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED ON THE WEBSITE COULD CONTAIN TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. NO WARRANTY OF ANY KIND, IMPLIED, EXPRESSED OR STATUTORY, INCLUDING BUT NOT LIMITED TO, THE WARRANTIES OF NON- INFRINGEMENT OF THIRD-PARTY RIGHTS, TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND FREEDOM FROM COMPUTER VIRUS, IS GIVEN IN CONJUNCTION WITH THE INFORMATION AN MATERIALS. Benifyt SHALL HAVE NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN THE CONTENT ON THE WEBSITE. Benifyt DOES NOT WARRANT THAT THE WEBSITE IS COMPATIBLE WITH YOUR EQUIPMENT OR THAT THE CONTENT IS FREE FROM ERRORS, VIRUSES, WORMS, TROJAN HORSES, OR ANY OTHER HARMFUL, INVASIVE, OR CORRUPTED FILES, OR THAT THE WEBSITE WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE. Benifyt IS NOT LIABLE FOR ANY DAMAGES YOU MAY SUFFER AS A RESULT OF SUCH DESTRUCTIVE FEATURES. SHOULD APPLICABLE LAW NOT PERMIT THE FOREGOING EXCLUSION OF EXPRESS OR IMPLIED WARRANTIES, THEN Benifyt HEREBY GRANTS THE MINIMUM EXPRESS OR IMPLIED WARRANTY REQUIRED BY SUCH APPLICABLE LAW. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM Benifyt, ITS EMPLOYEES, AGENTS, SUPPLIERS, OR ANY OTHER PERSONS SHALL CREATE ANY WARRANTY, REPRESENTATION, OR GUARANTEE NOT EXPRESSLY STATED IN THIS SECTION.
Limitation of Liability
YOUR USE OF THE WEBSITE IS AT YOUR OWN RISK. NEITHER Benifyt, ITS 0AFFILIATES, NOR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR OTHER REPRESENTATIVES WILL BE LIABLE FOR ANY DAMAGES, WHETHER DIRECT, INDIRECT, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE, INCLUDING, WITHOUT LIMITATION, LOSS OF DATA, INCOME, PROFIT OR GOODWILL, LOSS OF OR DAMAGE TO PROPERTY, AND CLAIMS OF THIRD PARTIES ARISING OUT OF YOUR ACCESS TO OR USE OF THE WEBSITE OR ARISING OUT OF ANY ACTION TAKEN IN RESPONSE TO OR AS A RESULT OF ANY CONTENT OR OTHER INFORMATION AVAILABLE ON THE WEBSITE, HOWEVER CAUSED, WHETHER BASED ON BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), PROPRIETARY RIGHTS INFRINGEMENT, PRODUCT LIABILITY, OR OTHERWISE. THE FOREGOING SHALL APPLY EVEN IF Benifyt WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE YOUR ACCES TO OR USE OF THE WEBSITE. YOU HEREBY WAIVE ANY AND ALL CLAIMS AGAINST Benifyt AND ITS AFFILIATES, AGENTS, REPRESENTATIVES, AND LICENSORS ARISING OUT OF YOUR USE OF THE WEBSITE. TO THE EXTENT ANY ASPECTS OF THE FOREGOING LIMITATIONS OF LIABILITY ARE NOT ENFORCEABLE, OUR MAXIMUM LIABILITY TO YOU WITH RESPECT TO YOUR USE OF THIS SITE AND ANY SERVICES USED BY YOU THROUGH THE SITE IS ONE HUNDRED DOLLARS ($100.00).
Indemnification
You agree to indemnify, defend, and hold harmless Benifyt, its employees, officers, affiliates, agents, representatives, and licensors, including without limitation, Benifyt’ s service providers and banks—and their respective officers, directors, employees, agents, and representatives—from and against all losses, expenses, damages and costs, including reasonable attorney fees, for any claims, causes of actions, or allegations arising out of or relating to any violation of these terms and conditions, your use of the website (including but not limited to infringement of third parties’ intellectual property rights or negligent or wrongful conduct) by you or any other person accessing any website on your behalf.
Consent to Electronic Disclosure
By using our website or sending e-mails to Benifyt, you consent to receive by electronic means these terms and conditions and any and all disclosures and/or notices required to be given by applicable law or regulation. You further consent to our communication by e-mail.
Telephone Communication
You expressly consent to receiving servicing, collection and other calls and messages, including auto-dialled and pre-recorded message calls, and SMS messages (including text messages) from us, our affiliates, marketing partners, agents, and others calling at their request or on their behalf, at any telephone numbers that you have provided or may provide in the future (including any cellular telephone numbers). Your cellular or mobile telephone provider will charge you according to the type of plan you carry.
Employment
Are you interested in joining our growing team? We would love to discuss employment opportunities with you. Benifyt does not discriminate in hiring or employment on the basis of race, colour, religion, disability, national origin, age, sex, or any other characteristic protected by applicable federal, state, or local law. You understand that any communication sent by you to Benifyt inquiring about employment shall not be considered an application or offer of employment and creates no obligation on the part of Benifyt to respond.
Privacy & Security Policy
We respect your privacy and safeguard your security, and will maintain the confidentiality of your personal information in accordance with our Privacy & Security Policy. We reserve the right to terminate your access to the website if your use violates these terms and conditions or our Privacy & Security Policy.
Third Party Links
Our website may contain links to other websites controlled or offered by third parties. Unless otherwise indicated, Benifyt is not affiliated with any of the linked websites. The linked websites are not under the control of Benifyt and Benifyt is not responsible for the contents of any linked website. Benifyt disclaims liability for any information, materials, products or services posted or offered at any linked website. Benifyt does not endorse or recommend any products or services offered, or information contained in linked websites, nor is Benifyt liable for any failure of products or services offered or advertised at linked websites.
Contact Us
We’d love to hear from you! If you have questions or concerns about these terms and conditions, please contact us.
