Website Terms & Conditions
TERMS AND CONDITIONS
AGREEMENT TO OUR LEGAL TERMS
We are Benefit Innovations LLC, doing business as Benefit Innovations
Insurance Agency ("Company," "we," "us," "our"), a company registered
in Wisconsin, United States at 10517 24th Ave, Eau Claire, WI 54703.
We operate the website benefitinnovate.com (the "Site"), as well as any other
related products and services that refer or link to these legal terms (the
"Legal Terms") (collectively, the "Services").
Health and Medicare Insurance consulting to consumers
You can contact us by phone at (715) 456-5012, email at
info@benefitinnovate.com, or by mail to 10517 24th Ave, Eau Claire, WI
54703, United States.
These Legal Terms constitute a legally binding agreement made between
you, whether personally or on behalf of an entity ("you"), and Benefit
Innovations LLC, concerning your access to and use of the Services. You
agree that by accessing the Services, you have read, understood, and
agreed to be bound by all of these Legal Terms. IF YOU DO NOT AGREE
WITH ALL OF THESE LEGAL TERMS, THEN YOU ARE EXPRESSLY
PROHIBITED FROM USING THE SERVICES AND YOU MUST
DISCONTINUE USE IMMEDIATELY.
We will provide you with prior notice of any scheduled changes to the
Services you are using. The modified Legal Terms will become effective upon
posting or notifying you by Clients@benefitinnovate.com, as stated in the
email message. By continuing to use the Services after the effective date of
any changes, you agree to be bound by the modified terms.
The Services are intended for users who are at least 18 years old. Persons
under the age of 18 are not permitted to use or register for the Services.
We recommend that you print a copy of these Legal Terms for your records.
TABLE OF CONTENTS
1. OUR SERVICES
2. INTELLECTUAL PROPERTY RIGHTS
3. USER REPRESENTATIONS
4. USER REGISTRATION
5. SUBSCRIPTIONS
6. PROHIBITED ACTIVITIES
7. USER GENERATED CONTRIBUTIONS
8. CONTRIBUTION LICENSE
9. GUIDELINES FOR REVIEWS
10. SOCIAL MEDIA
11. THIRD-PARTY WEBSITES AND CONTENT
12. ADVERTISERS
13. SERVICES MANAGEMENT
14. PRIVACY POLICY
15. TERM AND TERMINATION
16. MODIFICATIONS AND INTERRUPTIONS
17. GOVERNING LAW
18. DISPUTE RESOLUTION
19. CORRECTIONS
20. DISCLAIMER
21. LIMITATIONS OF LIABILITY
22. INDEMNIFICATION
23. USER DATA
24. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND
SIGNATURES
25. SMS TEXT MESSAGING
26. CALIFORNIA USERS AND RESIDENTS
27. MISCELLANEOUS
28. CONTACT US
1. OUR SERVICES
The information provided when using the Services is not intended for
distribution to or use by any person or entity in any jurisdiction or country
where such distribution or use would be contrary to law or regulation or which
would subject us to any registration requirement within such jurisdiction or
country. Accordingly, those persons who choose to access the Services from
other locations do so on their own initiative and are solely responsible for
compliance with local laws, if and to the extent local laws are applicable.
The HIPAA Privacy Rule establishes national standards to protect individuals'
medical records and other individually identifiable health information
(collectively defined as “protected health information”) and applies to health
plans, health care clearinghouses, and those health care providers that
conduct certain health care transactions electronically. The Rule requires
appropriate safeguards to protect the privacy of protected health information
and sets limits and conditions on the uses and disclosures that may be made
of such information without an individual’s authorization. The Rule also gives
individuals rights over their protected health information, including rights to
examine and obtain a copy of their health records, to direct a covered entity
to transmit to a third party an electronic copy of their protected health
information in an electronic health record, and to request corrections.
2. INTELLECTUAL PROPERTY RIGHTS
Our intellectual property
We are the owner or the licensee of all intellectual property rights in our
Services, including all source code, databases, functionality, software,
website designs, audio, video, text, photographs, and graphics in the
Services (collectively, the "Content"), as well as the trademarks, service
marks, and logos contained therein (the "Marks").
Our Content and Marks are protected by copyright and trademark laws (and
various other intellectual property rights and unfair competition laws) and
treaties in the United States and around the world.
The Content and Marks are provided in or through the Services "AS IS" for
your personal, non-commercial use or internal business purpose only.
Your use of our Services
Subject to your compliance with these Legal Terms, including the
"PROHIBITED ACTIVITIES" section below, we grant you a non-exclusive,
non-transferable, revocable license to:
access the Services; and
download or print a copy of any portion of the Content to which you
have properly gained access,
solely for your personal, non-commercial use or internal business purpose.
Except as set out in this section or elsewhere in our Legal Terms, no part of
the Services and no Content or Marks may be copied, reproduced,
aggregated, republished, uploaded, posted, publicly displayed, encoded,
translated, transmitted, distributed, sold, licensed, or otherwise exploited for
any commercial purpose whatsoever, without our express prior written
permission.
If you wish to make any use of the Services, Content, or Marks other than as
set out in this section or elsewhere in our Legal Terms, please address your
request to: info@benefitinnovate.com. If we ever grant you the permission to
post, reproduce, or publicly display any part of our Services or Content, you
must identify us as the owners or licensors of the Services, Content, or Marks
and ensure that any copyright or proprietary notice appears or is visible on
posting, reproducing, or displaying our Content.
We reserve all rights not expressly granted to you in and to the Services,
Content, and Marks.
Any breach of these Intellectual Property Rights will constitute a material
breach of our Legal Terms and your right to use our Services will terminate
immediately.
Your submissions
Please review this section and the "PROHIBITED ACTIVITIES" section
carefully prior to using our Services to understand the (a) rights you give us
and (b) obligations you have when you post or upload any content through
the Services.
Submissions: By directly sending us any question, comment, suggestion,
idea, feedback, or other information about the Services ("Submissions"), you
agree to assign to us all intellectual property rights in such Submission. You
agree that we shall own this Submission and be entitled to its unrestricted
use and dissemination for any lawful purpose, commercial or otherwise,
without acknowledgment or compensation to you.
You are responsible for what you post or upload: By sending us
Submissions through any part of the Services you:
confirm that you have read and agree with our "PROHIBITED
ACTIVITIES" and will not post, send, publish, upload, or transmit
through the Services any Submission that is illegal, harassing, hateful,
harmful, defamatory, obscene, bullying, abusive, discriminatory,
threatening to any person or group, sexually explicit, false, inaccurate,
deceitful, or misleading;
to the extent permissible by applicable law, waive any and all moral
rights to any such Submission;
warrant that any such Submission are original to you or that you have
the necessary rights and licenses to submit such Submissions and that
you have full authority to grant us the above-mentioned rights in
relation to your Submissions; and
warrant and represent that your Submissions do not constitute
confidential information.
You are solely responsible for your Submissions and you expressly agree to
reimburse us for any and all losses that we may suffer because of your
breach of (a) this section, (b) any third party’s intellectual property rights, or
(c) applicable law.
3. USER REPRESENTATIONS
By using the Services, you represent and warrant that: (1) all registration
information you submit will be true, accurate, current, and complete; (2) you
will maintain the accuracy of such information and promptly update such
registration information as necessary; (3) you have the legal capacity and
you agree to comply with these Legal Terms; (4) you are not a minor in the
jurisdiction in which you reside; (5) you will not access the Services through
automated or non-human means, whether through a bot, script or otherwise;
(6) you will not use the Services for any illegal or unauthorized purpose; and
(7) your use of the Services will not violate any applicable law or regulation.
If you provide any information that is untrue, inaccurate, not current, or
incomplete, we have the right to suspend or terminate your account and
refuse any and all current or future use of the Services (or any portion
thereof).
4. USER REGISTRATION
You may be required to register to use the Services. You agree to keep your
password confidential and will be responsible for all use of your account and
password. We reserve the right to remove, reclaim, or change a username
you select if we determine, in our sole discretion, that such username is
inappropriate, obscene, or otherwise objectionable.
5. SUBSCRIPTIONS
Billing and Renewal
Your subscription will continue and automatically renew unless canceled. You
consent to our charging your payment method on a recurring basis without
requiring your prior approval for each recurring charge, until such time as you
cancel the applicable order. The length of your billing cycle will depend on the
type of subscription plan you choose when you subscribed to the Services.
Cancellation
You can cancel your subscription at any time by logging into your account.
Your cancellation will take effect at the end of the current paid term. If you
have any questions or are unsatisfied with our Services, please email us at
info@benefitinnovate.com.
Fee Changes
We may, from time to time, make changes to the subscription fee and will
communicate any price changes to you in accordance with applicable law.
6. PROHIBITED ACTIVITIES
You may not access or use the Services for any purpose other than that for
which we make the Services available. The Services may not be used in
connection with any commercial endeavors except those that are specifically
endorsed or approved by us.
As a user of the Services, you agree not to:
Systematically retrieve data or other content from the Services to
create or compile, directly or indirectly, a collection, compilation,
database, or directory without written permission from us.
Trick, defraud, or mislead us and other users, especially in any attempt
to learn sensitive account information such as user passwords.
Circumvent, disable, or otherwise interfere with security-related
features of the Services, including features that prevent or restrict the
use or copying of any Content or enforce limitations on the use of the
Services and/or the Content contained therein.
Disparage, tarnish, or otherwise harm, in our opinion, us and/or the
Services.
Use any information obtained from the Services in order to harass,
abuse, or harm another person.
Make improper use of our support services or submit false reports of
abuse or misconduct.
Use the Services in a manner inconsistent with any applicable laws or
regulations.
Engage in unauthorized framing of or linking to the Services.
Upload or transmit (or attempt to upload or to transmit) viruses, Trojan
horses, or other material, including excessive use of capital letters and
spamming (continuous posting of repetitive text), that interferes with
any party’s uninterrupted use and enjoyment of the Services or
modifies, impairs, disrupts, alters, or interferes with the use, features,
functions, operation, or maintenance of the Services.
Engage in any automated use of the system, such as using scripts to
send comments or messages, or using any data mining, robots, or
similar data gathering and extraction tools.
Delete the copyright or other proprietary rights notice from any
Content.
Attempt to impersonate another user or person or use the username of
another user.
Upload or transmit (or attempt to upload or to transmit) any material
that acts as a passive or active information collection or transmission
mechanism, including without limitation, clear graphics interchange
formats ("gifs"), 1×1 pixels, web bugs, cookies, or other similar devices
(sometimes referred to as "spyware" or "passive collection
mechanisms" or "pcms").
Interfere with, disrupt, or create an undue burden on the Services or
the networks or services connected to the Services.
Harass, annoy, intimidate, or threaten any of our employees or agents
engaged in providing any portion of the Services to you.
Attempt to bypass any measures of the Services designed to prevent
or restrict access to the Services, or any portion of the Services.
Copy or adapt the Services' software, including but not limited to
Flash, PHP, HTML, JavaScript, or other code.
Except as permitted by applicable law, decipher, decompile,
disassemble, or reverse engineer any of the software comprising or in
any way making up a part of the Services.
Except as may be the result of standard search engine or Internet
browser usage, use, launch, develop, or distribute any automated
system, including without limitation, any spider, robot, cheat utility,
scraper, or offline reader that accesses the Services, or use or launch
any unauthorized script or other software.
Use a buying agent or purchasing agent to make purchases on the
Services.
Make any unauthorized use of the Services, including collecting
usernames and/or email addresses of users by electronic or other
means for the purpose of sending unsolicited email, or creating user
accounts by automated means or under false pretenses.
Use the Services as part of any effort to compete with us or otherwise
use the Services and/or the Content for any revenue-generating
endeavor or commercial enterprise.
Use the Services to advertise or offer to sell goods and services.
Sell or otherwise transfer your profile.
7. USER GENERATED CONTRIBUTIONS
The Services does not offer users to submit or post content. We may provide
you with the opportunity to create, submit, post, display, transmit, perform,
publish, distribute, or broadcast content and materials to us or on the
Services, including but not limited to text, writings, video, audio, photographs,
graphics, comments, suggestions, or personal information or other material
(collectively, "Contributions"). Contributions may be viewable by other users
of the Services and through third-party websites. As such, any Contributions
you transmit may be treated in accordance with the Services' Privacy Policy.
When you create or make available any Contributions, you thereby represent
and warrant that:
The creation, distribution, transmission, public display, or performance,
and the accessing, downloading, or copying of your Contributions do
not and will not infringe the proprietary rights, including but not limited
to the copyright, patent, trademark, trade secret, or moral rights of any
third party.
You are the creator and owner of or have the necessary licenses,
rights, consents, releases, and permissions to use and to authorize us,
the Services, and other users of the Services to use your Contributions
in any manner contemplated by the Services and these Legal Terms.
You have the written consent, release, and/or permission of each and
every identifiable individual person in your Contributions to use the
name or likeness of each and every such identifiable individual person
to enable inclusion and use of your Contributions in any manner
contemplated by the Services and these Legal Terms.
Your Contributions are not false, inaccurate, or misleading.
Your Contributions are not unsolicited or unauthorized advertising,
promotional materials, pyramid schemes, chain letters, spam, mass
mailings, or other forms of solicitation.
Your Contributions are not obscene, lewd, lascivious, filthy, violent,
harassing, libelous, slanderous, or otherwise objectionable (as
determined by us).
Your Contributions do not ridicule, mock, disparage, intimidate, or
abuse anyone.
Your Contributions are not used to harass or threaten (in the legal
sense of those terms) any other person and to promote violence
against a specific person or class of people.
Your Contributions do not violate any applicable law, regulation, or
rule.
Your Contributions do not violate the privacy or publicity rights of any
third party.
Your Contributions do not violate any applicable law concerning child
pornography, or otherwise intended to protect the health or well-being
of minors.
Your Contributions do not include any offensive comments that are
connected to race, national origin, gender, sexual preference, or
physical handicap.
Your Contributions do not otherwise violate, or link to material that
violates, any provision of these Legal Terms, or any applicable law or
regulation.
Any use of the Services in violation of the foregoing violates these Legal
Terms and may result in, among other things, termination or suspension of
your rights to use the Services.
8. CONTRIBUTION LICENSE
You and Services agree that we may access, store, process, and use any
information and personal data that you provide following the terms of the
Privacy Policy and your choices (including settings).
By submitting suggestions or other feedback regarding the Services, you
agree that we can use and share such feedback for any purpose without
compensation to you.
We do not assert any ownership over your Contributions. You retain full
ownership of all of your Contributions and any intellectual property rights or
other proprietary rights associated with your Contributions. We are not liable
for any statements or representations in your Contributions provided by you
in any area on the Services. You are solely responsible for your Contributions
to the Services and you expressly agree to exonerate us from any and all
responsibility and to refrain from any legal action against us regarding your
Contributions.
9. GUIDELINES FOR REVIEWS
We may provide you areas on the Services to leave reviews or ratings. When
posting a review, you must comply with the following criteria: (1) you should
have firsthand experience with the person/entity being reviewed; (2) your
reviews should not contain offensive profanity, or abusive, racist, offensive, or
hateful language; (3) your reviews should not contain discriminatory
references based on religion, race, gender, national origin, age, marital
status, sexual orientation, or disability; (4) your reviews should not contain
references to illegal activity; (5) you should not be affiliated with competitors if
posting negative reviews; (6) you should not make any conclusions as to the
legality of conduct; (7) you may not post any false or misleading statements;
and (8) you may not organize a campaign encouraging others to post
reviews, whether positive or negative.
We may accept, reject, or remove reviews in our sole discretion. We have
absolutely no obligation to screen reviews or to delete reviews, even if
anyone considers reviews objectionable or inaccurate. Reviews are not
endorsed by us, and do not necessarily represent our opinions or the views
of any of our affiliates or partners. We do not assume liability for any review
or for any claims, liabilities, or losses resulting from any review. By posting a
review, you hereby grant to us a perpetual, non-exclusive, worldwide, royaltyfree,
fully paid, assignable, and sublicensable right and license to reproduce,
modify, translate, transmit by any means, display, perform, and/or distribute
all content relating to review.
10. SOCIAL MEDIA
As part of the functionality of the Services, you may link your account with
online accounts you have with third-party service providers (each such
account, a "Third-Party Account") by either: (1) providing your Third-Party
Account login information through the Services; or (2) allowing us to access
your Third-Party Account, as is permitted under the applicable terms and
conditions that govern your use of each Third-Party Account. You represent
and warrant that you are entitled to disclose your Third-Party Account login
information to us and/or grant us access to your Third-Party Account, without
breach by you of any of the terms and conditions that govern your use of the
applicable Third-Party Account, and without obligating us to pay any fees or
making us subject to any usage limitations imposed by the third-party service
provider of the Third-Party Account. By granting us access to any Third-Party
Accounts, you understand that (1) we may access, make available, and store
(if applicable) any content that you have provided to and stored in your Third-
Party Account (the "Social Network Content") so that it is available on and
through the Services via your account, including without limitation any friend
lists and (2) we may submit to and receive from your Third-Party Account
additional information to the extent you are notified when you link your
account with the Third-Party Account. Depending on the Third-Party
Accounts you choose and subject to the privacy settings that you have set in
such Third-Party Accounts, personally identifiable information that you post to
your Third-Party Accounts may be available on and through your account on
the Services. Please note that if a Third-Party Account or associated service
becomes unavailable or our access to such Third-Party Account is
terminated by the third-party service provider, then Social Network Content
may no longer be available on and through the Services. You will have the
ability to disable the connection between your account on the Services and
your Third-Party Accounts at any time. PLEASE NOTE THAT YOUR
RELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDERS
ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS GOVERNED
SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE
PROVIDERS. We make no effort to review any Social Network Content for
any purpose, including but not limited to, for accuracy, legality, or noninfringement,
and we are not responsible for any Social Network Content.
You acknowledge and agree that we may access your email address book
associated with a Third-Party Account and your contacts list stored on your
mobile device or tablet computer solely for purposes of identifying and
informing you of those contacts who have also registered to use the
Services. You can deactivate the connection between the Services and your
Third-Party Account by contacting us using the contact information below or
through your account settings (if applicable). We will attempt to delete any
information stored on our servers that was obtained through such Third-Party
Account, except the username and profile picture that become associated
with your account.
11. THIRD-PARTY WEBSITES AND CONTENT
The Services may contain (or you may be sent via the Site) links to other
websites ("Third-Party Websites") as well as articles, photographs, text,
graphics, pictures, designs, music, sound, video, information, applications,
software, and other content or items belonging to or originating from third
parties ("Third-Party Content"). Such Third-Party Websites and Third-Party
Content are not investigated, monitored, or checked for accuracy,
appropriateness, or completeness by us, and we are not responsible for any
Third-Party Websites accessed through the Services or any Third-Party
Content posted on, available through, or installed from the Services,
including the content, accuracy, offensiveness, opinions, reliability, privacy
practices, or other policies of or contained in the Third-Party Websites or the
Third-Party Content. Inclusion of, linking to, or permitting the use or
installation of any Third-Party Websites or any Third-Party Content does not
imply approval or endorsement thereof by us. If you decide to leave the
Services and access the Third-Party Websites or to use or install any Third-
Party Content, you do so at your own risk, and you should be aware these
Legal Terms no longer govern. You should review the applicable terms and
policies, including privacy and data gathering practices, of any website to
which you navigate from the Services or relating to any applications you use
or install from the Services. Any purchases you make through Third-Party
Websites will be through other websites and from other companies, and we
take no responsibility whatsoever in relation to such purchases which are
exclusively between you and the applicable third party. You agree and
acknowledge that we do not endorse the products or services offered on
Third-Party Websites and you shall hold us blameless from any harm caused
by your purchase of such products or services. Additionally, you shall hold us
blameless from any losses sustained by you or harm caused to you relating
to or resulting in any way from any Third-Party Content or any contact with
Third-Party Websites.
12. ADVERTISERS
We allow advertisers to display their advertisements and other information in
certain areas of the Services, such as sidebar advertisements or banner
advertisements. We simply provide the space to place such advertisements,
and we have no other relationship with advertisers.
13. SERVICES MANAGEMENT
We reserve the right, but not the obligation, to: (1) monitor the Services for
violations of these Legal Terms; (2) take appropriate legal action against
anyone who, in our sole discretion, violates the law or these Legal Terms,
including without limitation, reporting such user to law enforcement
authorities; (3) in our sole discretion and without limitation, refuse, restrict
access to, limit the availability of, or disable (to the extent technologically
feasible) any of your Contributions or any portion thereof; (4) in our sole
discretion and without limitation, notice, or liability, to remove from the
Services or otherwise disable all files and content that are excessive in size
or are in any way burdensome to our systems; and (5) otherwise manage the
Services in a manner designed to protect our rights and property and to
facilitate the proper functioning of the Services.
14. PRIVACY POLICY
We care about data privacy and security. Please review our Privacy
Policy: https://www.benefitinnovate.com/about-1. By using the Services,
you agree to be bound by our Privacy Policy, which is incorporated into these
Legal Terms. Please be advised the Services are hosted in Israel. If you
access the Services from any other region of the world with laws or other
requirements governing personal data collection, use, or disclosure that differ
from applicable laws in Israel, then through your continued use of the
Services, you are transferring your data to Israel, and you expressly consent
to have your data transferred to and processed in Israel.
15. TERM AND TERMINATION
These Legal Terms shall remain in full force and effect while you use the
Services. WITHOUT LIMITING ANY OTHER PROVISION OF THESE
LEGAL TERMS, WE RESERVE THE RIGHT TO, IN OUR SOLE
DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO
AND USE OF THE SERVICES (INCLUDING BLOCKING CERTAIN IP
ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO
REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY
REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE
LEGAL TERMS OR OF ANY APPLICABLE LAW OR REGULATION. WE
MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SERVICES OR
DELETE YOUR ACCOUNT AND ANY CONTENT OR INFORMATION THAT
YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE
DISCRETION.
If we terminate or suspend your account for any reason, you are prohibited
from registering and creating a new account under your name, a fake or
borrowed name, or the name of any third party, even if you may be acting on
behalf of the third party. In addition to terminating or suspending your
account, we reserve the right to take appropriate legal action, including
without limitation pursuing civil, criminal, and injunctive redress.
16. MODIFICATIONS AND INTERRUPTIONS
We reserve the right to change, modify, or remove the contents of the
Services at any time or for any reason at our sole discretion without notice.
However, we have no obligation to update any information on our Services.
We will not be liable to you or any third party for any modification, price
change, suspension, or discontinuance of the Services.
We cannot guarantee the Services will be available at all times. We may
experience hardware, software, or other problems or need to perform
maintenance related to the Services, resulting in interruptions, delays, or
errors. We reserve the right to change, revise, update, suspend, discontinue,
or otherwise modify the Services at any time or for any reason without notice
to you. You agree that we have no liability whatsoever for any loss, damage,
or inconvenience caused by your inability to access or use the Services
during any downtime or discontinuance of the Services. Nothing in these
Legal Terms will be construed to obligate us to maintain and support the
Services or to supply any corrections, updates, or releases in connection
therewith.
17. GOVERNING LAW
These Legal Terms shall be governed by and defined following the laws of
__________. Benefit Innovations LLC and yourself irrevocably consent that
the courts of __________ shall have exclusive jurisdiction to resolve any
dispute which may arise in connection with these Legal Terms.
18. DISPUTE RESOLUTION
Binding Arbitration
If the Parties are unable to resolve a Dispute through informal negotiations,
the Dispute (except those Disputes expressly excluded below) will be finally
and exclusively resolved by binding arbitration. YOU UNDERSTAND THAT
WITHOUT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN
COURT AND HAVE A JURY TRIAL. The arbitration shall be commenced and
conducted under the Commercial Arbitration Rules of the American
Arbitration Association ("AAA") and, where appropriate, the AAA’s
Supplementary Procedures for Consumer Related Disputes ("AAA Consumer
Rules"), both of which are available at the American Arbitration Association
(AAA) website. Your arbitration fees and your share of arbitrator
compensation shall be governed by the AAA Consumer Rules and, where
appropriate, limited by the AAA Consumer Rules. The arbitration may be
conducted in person, through the submission of documents, by phone, or
online. The arbitrator will make a decision in writing, but need not provide a
statement of reasons unless requested by either Party. The arbitrator must
follow applicable law, and any award may be challenged if the arbitrator fails
to do so. Except where otherwise required by the applicable AAA rules or
applicable law, the arbitration will take place in Chippewa, Wisconsin. Except
as otherwise provided herein, the Parties may litigate in court to compel
arbitration, stay proceedings pending arbitration, or to confirm, modify,
vacate, or enter judgment on the award entered by the arbitrator.
If for any reason, a Dispute proceeds in court rather than arbitration, the
Dispute shall be commenced or prosecuted in the state and federal
courts located in Chippewa, Wisconsin, and the Parties hereby consent to,
and waive all defenses of lack of personal jurisdiction, and forum non
conveniens with respect to venue and jurisdiction in such state and federal
courts. Application of the United Nations Convention on Contracts for the
International Sale of Goods and the Uniform Computer Information
Transaction Act (UCITA) are excluded from these Legal Terms.
In no event shall any Dispute brought by either Party related in any way to
the Services be commenced more than three (3) years after the cause of
action arose. If this provision is found to be illegal or unenforceable, then
neither Party will elect to arbitrate any Dispute falling within that portion of
this provision found to be illegal or unenforceable and such Dispute shall be
decided by a court of competent jurisdiction within the courts listed for
jurisdiction above, and the Parties agree to submit to the personal jurisdiction
of that court.
Restrictions
The Parties agree that any arbitration shall be limited to the Dispute between
the Parties individually. To the full extent permitted by law, (a) no arbitration
shall be joined with any other proceeding; (b) there is no right or authority for
any Dispute to be arbitrated on a class-action basis or to utilize class action
procedures; and (c) there is no right or authority for any Dispute to be
brought in a purported representative capacity on behalf of the general public
or any other persons.
Exceptions to Arbitration
The Parties agree that the following Disputes are not subject to the above
provisions concerning binding arbitration: (a) any Disputes seeking to enforce
or protect, or concerning the validity of, any of the intellectual property rights
of a Party; (b) any Dispute related to, or arising from, allegations of theft,
piracy, invasion of privacy, or unauthorized use; and (c) any claim for
injunctive relief. If this provision is found to be illegal or unenforceable, then
neither Party will elect to arbitrate any Dispute falling within that portion of
this provision found to be illegal or unenforceable and such Dispute shall be
decided by a court of competent jurisdiction within the courts listed for
jurisdiction above, and the Parties agree to submit to the personal jurisdiction
of that court.
19. CORRECTIONS
There may be information on the Services that contains typographical errors,
inaccuracies, or omissions, including descriptions, pricing, availability, and
various other information. We reserve the right to correct any errors,
inaccuracies, or omissions and to change or update the information on the
Services at any time, without prior notice.
20. DISCLAIMER
THE SERVICES ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE
BASIS. YOU AGREE THAT YOUR USE OF THE SERVICES WILL BE AT
YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE
DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION
WITH THE SERVICES AND YOUR USE THEREOF, INCLUDING, WITHOUT
LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE
ACCURACY OR COMPLETENESS OF THE SERVICES' CONTENT OR
THE CONTENT OF ANY WEBSITES OR MOBILE APPLICATIONS LINKED
TO THE SERVICES AND WE WILL ASSUME NO LIABILITY OR
RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR
INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY
OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING
FROM YOUR ACCESS TO AND USE OF THE SERVICES, (3) ANY
UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS
AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL
INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR
CESSATION OF TRANSMISSION TO OR FROM THE SERVICES, (5) ANY
BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE
TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD
PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT
AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND
INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED,
TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES.
WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME
RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR
OFFERED BY A THIRD PARTY THROUGH THE SERVICES, ANY
HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION
FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL
NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR
MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRDPARTY
PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE
PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR
IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT
AND EXERCISE CAUTION WHERE APPROPRIATE
.
21. LIMITATIONS OF LIABILITY
IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR
AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT,
INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR
PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS
OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE
SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY
CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE
WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION,
WILL AT ALL TIMES BE LIMITED TO THE LESSER OF THE AMOUNT
PAID, IF ANY, BY YOU TO US DURING THE SIX (6) MONTH PERIOD
PRIOR TO ANY CAUSE OF ACTION ARISING OR $100,000.00
USD. CERTAIN US STATE LAWS AND INTERNATIONAL LAWS DO NOT
ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION
OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO
YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS
MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
22. INDEMNIFICATION
You agree to defend, indemnify, and hold us harmless, including our
subsidiaries, affiliates, and all of our respective officers, agents, partners, and
employees, from and against any loss, damage, liability, claim, or demand,
including reasonable attorneys’ fees and expenses, made by any third party
due to or arising out of: (1) use of the Services; (2) breach of these Legal
Terms; (3) any breach of your representations and warranties set forth in
these Legal Terms; (4) your violation of the rights of a third party, including
but not limited to intellectual property rights; or (5) any overt harmful act
toward any other user of the Services with whom you connected via the
Services. Notwithstanding the foregoing, we reserve the right, at your
expense, to assume the exclusive defense and control of any matter for
which you are required to indemnify us, and you agree to cooperate, at your
expense, with our defense of such claims. We will use reasonable efforts to
notify you of any such claim, action, or proceeding which is subject to this
indemnification upon becoming aware of it.
23. USER DATA
We will maintain certain data that you transmit to the Services for the purpose
of managing the performance of the Services, as well as data relating to your
use of the Services. Although we perform regular routine backups of data,
you are solely responsible for all data that you transmit or that relates to any
activity you have undertaken using the Services. You agree that we shall
have no liability to you for any loss or corruption of any such data, and you
hereby waive any right of action against us arising from any such loss or
corruption of such data.
24. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
Visiting the Services, sending us emails, and completing online forms
constitute electronic communications. You consent to receive electronic
communications, and you agree that all agreements, notices, disclosures,
and other communications we provide to you electronically, via email and on
the Services, satisfy any legal requirement that such communication be in
writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC
SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO
ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF
TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE
SERVICES. You hereby waive any rights or requirements under any statutes,
regulations, rules, ordinances, or other laws in any jurisdiction which require
an original signature or delivery or retention of non-electronic records, or to
payments or the granting of credits by any means other than electronic
means.
25. SMS TEXT MESSAGING
Program Description
By opting into any __________ text messaging program, you expressly
consent to receive text messages (SMS) to your mobile number. __________
text messages may include: responses to inquiries, account alerts and
marketing communications.
Opting Out
If at any time you wish to stop receiving SMS messages from us, simply reply
to the text with "STOP." You may receive an SMS message confirming your
opt out. After this, you will no longer receive SMS messages from us. If you
want to join again, please sign up as you did the first time and we will start
sending SMS messages to you again.
Message and Data Rates
Please be aware that message and data rates may apply to any SMS
messages sent or received. The rates are determined by your carrier and the
specifics of your mobile plan. Carriers are not liable for delayed or
undelivered messages. If you have any questions about your text plan or
data plan, contact your wireless provider.
Support
If you have any questions or need assistance regarding our SMS
communications, please reply with the keyword HELP. You can also email us
at info@benefitinnovate.com or call at (715) 456-5012. If you have any
questions regarding privacy, please read our Privacy Policy: https://
www.benefitinnovate.com/about-1.
26. CALIFORNIA USERS AND RESIDENTS
If any complaint with us is not satisfactorily resolved, you can contact the
Complaint Assistance Unit of the Division of Consumer Services of the
California Department of Consumer Affairs in writing at 1625 North Market
Blvd., Suite N 112, Sacramento, California 95834 or by telephone at (800)
952-5210 or (916) 445-1254.
27. MISCELLANEOUS
These Legal Terms and any policies or operating rules posted by us on the
Services or in respect to the Services constitute the entire agreement and
understanding between you and us. Our failure to exercise or enforce any
right or provision of these Legal Terms shall not operate as a waiver of such
right or provision. These Legal Terms operate to the fullest extent permissible
by law. We may assign any or all of our rights and obligations to others at any
time. We shall not be responsible or liable for any loss, damage, delay, or
failure to act caused by any cause beyond our reasonable control. If any
provision or part of a provision of these Legal Terms is determined to be
unlawful, void, or unenforceable, that provision or part of the provision is
deemed severable from these Legal Terms and does not affect the validity
and enforceability of any remaining provisions. There is no joint venture,
partnership, employment or agency relationship created between you and us
as a result of these Legal Terms or use of the Services. You agree that these
Legal Terms will not be construed against us by virtue of having drafted them.
You hereby waive any and all defenses you may have based on the
electronic form of these Legal Terms and the lack of signing by the parties
hereto to execute these Legal Terms.
28. CONTACT US
In order to resolve a complaint regarding the Services or to receive further
information regarding use of the Services, please contact us at:
Benefit Innovations LLC
10517 24th Ave
Eau Claire, WI 54703
United States
Phone: (715) 456-5012
info@benefitinnovate.com
​
Last updated October 01, 2026
This Terms and Conditions was created using Termly's Terms and Conditions
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