Terms of Use
Website Terms of Use
Welcome to the Benecard Association website (the "Site"). Please review the following Terms of Use. By using this Site, you agree to comply with and be bound by the terms set forth in this notice. If you do not agree to all of these terms, please do not use the Site. In this notice, the terms "we," "us," and "our" refer to the Benecard Association.
Limited License
This Site contains materials and information, including, but not limited to, the design, layout, appearance, graphics, logos, company statements and information (collectively, “Materials”) which is owned by or licensed to us. Subject to these Terms of Use, we grant you a non-exclusive, non-transferable, limited right to access, use and display this Site and the Materials. You agree not to interrupt, cause to interrupt or attempt to interrupt the operation of the Site in any way. You acknowledge that the content of this Site is for your general information and use only, as further described below.
We authorize you to view and download the Materials only for your personal, non-commercial use. This authorization is not a transfer of title in the Materials and is subject to the following restrictions: (1) you must retain all copyright and other proprietary notices contained in the Materials on any copies of the Materials you may make; (2) you may not modify the Materials in any way or reproduce or publicly display, perform, or distribute or otherwise use them for any public or commercial purpose; and (3) you must not transfer the Materials to any other person unless you give them notice of, and they agree to accept, the obligations arising under these Terms of Use. You agree to abide by all additional restrictions displayed on the Site as it may be updated from time to time.
You hereby grant to us a royalty-free, perpetual, irrevocable, worldwide, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display all content, remarks, suggestions, ideas, graphics, or other information communicated to us through this site (together, hereinafter known as the “Submission”), and to incorporate any Submission in other works in any form, media, or technology now known or later developed. We will not be required to treat any Submission as confidential, and may use any Submission in its business (including without limitation, for products or advertising) without incurring any liability for royalties or any other consideration of any kind, and will not incur any liability as a result of any similarities that may appear in our future operations. By making a Submission, you are guaranteeing to us that you have the legal right to post the content in the Submission and that it will not violate any law or the rights of any person or entity. Notwithstanding the foregoing, we will treat any personal information that you submit through this site in accordance with our Privacy Policy, as set forth on this site.
Ownership of Marks and Site Content
All rights in and to the Site belong to the Benecard Association. Information and Materials appearing on the Site are trademarked or copyrighted materials of the Benecard Association unless otherwise noted. Persons who wish to make use of our content should request permission by sending us an email at info@benecardassociation.com specifically describing how the content will be used. Site managers may link to our homepage without requesting permission, so long as our page appears as an independent source (i.e., not in frames). Please request permission to link to other content appearing on the Site.
The Benecard Association name and associated logos and marks are the property of the Benecard Association. You are not authorized to use any Benecard Association name or mark in any commercial manner without our prior written consent.
Disclaimer of Warranties
THE MATERIALS ON THIS SITE MAY CONTAIN INACCURACIES AND ERRORS. NEITHER WE NOR ANY THIRD PARTIES WARRANT THE ACCURACY, TIMELINESS, PERFORMANCE OR COMPLETENESS OF THE MATERIALS, OR THE SUITABILITY OF THE MATERIALS FOR ANY PARTICULAR PURPOSE, OR THE RELIABILITY OF ANY ADVICE, OPINION, STATEMENT OR OTHER INFORMATION DISPLAYED OR DISTRIBUTED THROUGH THE SITE. YOU ACKNOWLEDGE THAT ANY RELIANCE ON ANY SUCH OPINION, ADVICE, STATEMENT, MEMORANDUM, OR INFORMATION SHALL BE AT YOUR SOLE RISK. WE RESERVE THE RIGHT, IN OUR SOLE DISCRETION, TO CORRECT ANY ERRORS OR OMISSIONS IN ANY PORTION OF THE SITE. HOWEVER, WE MAKE NO COMMITMENT TO UPDATE THE SITE. WE MAY MAKE ANY CHANGES TO THE SITE, THE MATERIALS AND THE PRODUCTS, PROGRAMS, SERVICES OR PRICES (IF ANY) DESCRIBED IN THE SITE AT ANY TIME WITHOUT NOTICE.
THIS SITE AND THE INFORMATION AND MATERIALS ON THE SITE ARE PROVIDED "AS IS" AND “AS AVAILABLE” WITHOUT ANY REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS FOR ANY PARTICULAR PURPOSE. SOME JURISDICTIONS DO NOT ALLOW FOR THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
Third Party Sites
As a convenience to you, we may provide, on this Site, links to websites operated by other entities. If you use these links, you will leave the Site at your own risk and it is your responsibility to take all protective measures to guard against viruses or other destructive elements. We make no warranty or representation regarding, and do not endorse, any linked sites or the information appearing thereon or any of the products or services described thereon. Links do not imply that the Benecard Association or this Site sponsors, endorses, recommends is affiliated or associated with, or is legally authorized to used any trademark, trade name, logo or copyright symbol displayed in or accessible through the links, or that any linked site is authorized to use any trademark, trade name, logo or copyright symbol of the Benecard Association.
All Products and Services May Not Be Available In Your Area
Information we publish on this Site may contain references to services that are not available in your state or county. Please contact us or the service provider for information about the services available to you.
Limitation of Damages
IN NO EVENT SHALL BENECARD ASSOCIATION OR ANY OF ITS AFFILIATED ENTITIES BE LIABLE TO ANY PERSON FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, OR OTHER DAMAGES (INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS OR BUSINESS INTERRUPTION LOSSES) RELATED IN ANY WAY TO THE USE OF, OR THE INABILITY TO USE, THE CONTENT, MATERIALS, AND FUNCTIONS OF THE SITE OR ANY LINKED WEB SITE, REGARDLESS OF WHETHER SUCH PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Limitation of Liability, Waivers & Disclaimers
You waive any claim against us based on the quality or availability of the Site, regardless of cause. Such quality is a function of many interacting programs and computer hardware, including online services, browsers, systems configurations, and other equipment. You acknowledge that any network communication or activity involves resources beyond the control of the Benecard Association, including email, file transfers, and information gathering, and is subject to security risks inherent to the Internet and telecommunications generally. We make no representation that this Site will be available for any period of time, or at any specific time.
Benecard Association disclaims any liability or warranty relating to any loss, damage, liability, claim, or expense arising out of or relating to your use or inability to use the Site.
Indemnification by User
You shall indemnify and hold harmless the Benecard Association and any of its affiliated entities from and against any and all claims, demands, causes of action, suits, proceedings, losses, damages, costs, and expenses, including attorneys’ fees, arising from or relating to your use of the Site.
Website Terms of Use
We reserve the right to terminate these Terms of Use and your use of the Site at any time for any reason. We will notify you prior to terminating your use of the Site at the email address you provide to us when registering for the Site or any updated email address you may provide.
Subject to the survival provisions below, you may terminate your obligations under these Terms of Use at any time by ceasing to use the Site. Upon such termination, you agree to pay us any fees, commissions, or other sums due to us.
Miscellaneous
The laws of the District of Columbia shall govern the Site and these Terms of Use, without regard to its conflicts of laws provisions.
You agree that any dispute between yourself and the Benecard Association shall be adjudicated exclusively in a federal or local court with its situs in the District of Columbia. The parties consent to the jurisdiction of such court and agree to accept service of process by such court.
Certain provisions of these Terms of Use by their nature shall continue in full force and effect even if the Terms of Use are terminated, including the Disclaimer of Warranties; Limitation of Liability, Waivers & Disclaimer; Indemnification by User; Copyrights; and choice of law and venue provisions.
Your rights and obligations under these Terms of Use are non-transferable and non-assignable. The Benecard Association may assign its rights and obligations under these Terms of Use to any person.
For information about our privacy and security policies for the Site please see our Website Privacy Statement.