Terms of Use: Vendors

Thank you for using the BenefitsAlly website to advertise your services. Access to and use of this website is provided by BenefitsAlly LLC (hereinafter “BenefitsAlly” or “Company”), a business incorporated under the laws of the State of Texas.

This Agreement is in addition to the general Terms of Use that can be found at https://benefitsally.com/terms-of-use/ which is incorporated by reference as if fully set forth herein. If any paragraph in the general Terms of Use contradict any terms contained herein, the terms set forth in this document shall control.

YOUR CONSENT

By signing up to use this website and any services made available by BenefitsAlly, you agree to be legally bound by these Terms of Use (“Terms” or “Agreement”). You warrant that you have read and understood these Terms, which represent a legally binding contract between you and BenefitsAlly.

If you do not agree to be bound by these Terms, please immediately notify BenefitsAlly in writing, cease your use of the website, and grant permission to BenefitsAlly to remove any material that you may have within the website. Otherwise, your continued access or use of the website will be deemed an irrevocable acceptance of these terms and any changes, modifications, or alteration that may be made within the general Terms of Use policy.

YOUR REPRESENTATIONS AND WARRANTIES

You hereby represent, acknowledge, and agree that you are at least eighteen (18) years old, which is a requirement to use the website and services.

You also represent that you will use the website and services in a manner consistent with any and all applicable laws and regulations, including all applicable copyright and intellectual property rules. Under this paragraph, if you are not the owner (or their authorized agent) of the images, graphics, and other materials that you submit to be displayed on this website, you are in violation of this paragraph and the Agreement as a whole, and you agree to indemnify BenefitsAlly as set forth in the Paragraph entitled “Indemnity.”

If there is any change to the material, costs, terms, or other information provided to BenefitsAlly at any point after such information is on display, you agree to immediately resubmit this form with the updated version of your materials.

NOTE: BenefitsAlly may terminate this Agreement and your use of this website and our services at any time without notice if we believe that you are less than 18 years old, if you have violated this Agreement in any other way, or for any other reason as may be determined within our sole discretion.

INTELLECTUAL PROPERTY

You represent that all materials including, without limitation, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music, and all Intellectual Property Rights related thereto, are the exclusive property of you and your licensors. As such, under this Agreement, you grant a revocable, non-exclusive license of such Intellectual Property Rights to BenefitsAlly for the sole purpose of your use of the website and its ability to connect with other users, such as benefit advisors, and for BenefitsAlly to display the materials you provide. This license is revocable at any time upon written notice to BenefitsAlly and your cessation of the use of our website and services.

Except as expressly provided elsewhere by this website, you may not copy, reproduce, distribute, publish, enter into a database, display, perform, modify, create derivative works, transmit, or in any way exploit any other part of this website, except that you may access and display material and all other content displayed on this website for non-commercial, personal, entertainment use on a single computer only. The foregoing in no way infringes upon your ownership and ability to modify the materials provided by you.

“BenefitsAlly” is a trademark used by us to uniquely identify our website, business, and service. You agree not to use this trademark anywhere without our prior written consent. Additionally, you agree not to use our trade dress, or copy the look and feel of our website or its design, without our prior written consent. You agree that this paragraph goes beyond the governing law on intellectual property and includes prohibitions on any competition that violates the provisions of this paragraph.

NO GUARANTEE: DISCLAIMER OF WARRANTIES

Your use of this website is at your own risk. To the maximum extent permitted by law, this website and all the materials, information, software, facilities, services, and other content in this website are provided “as is” and “as available” without warranties of any kind, either express or implied. There is no guarantee that you will receive any benefit or revenue by using these services, and to the maximum extent permitted by law, BenefitsAlly disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose and non-infringement. BenefitsAlly does not warrant that the functions contained in this website will be available, uninterrupted, or error-free, that defects will be corrected, or that the servers that make the website available are free of viruses or other harmful components. BenefitsAlly makes no warranties that your use of the materials, information, software, facilities, service, or other content in this website will not infringe the rights of others and BenefitsAlly assumes no liability or responsibility for errors or omissions in such materials, information, software, facilities, service, or other content of this website.

LIMITATION OF LIABILITY

BENEFITSALLY SHALL NOT BE LIABLE TO YOU FOR ANY DAMAGES RESULTING FROM ANY INFORMATION OR ADVICE GIVEN TO YOU BY ANY EMPLOYEES, AGENTS, OFFICERS, OWNERS, DIRECTORS, SHAREHOLDERS, OR AFFILIATES OF BENEFITSALLY. IN NO EVENT SHALL BENEFITSALLY BE LIABLE TO YOU FOR ANY INDIRECT, EXTRAORDINARY, EXEMPLARY, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE) HOWEVER ARISING, EVEN IF BENEFITSALLY KNOWS THERE IS A POSSIBILITY OF SUCH DAMAGE.

INDEMNITY

You agree to indemnify and hold harmless BenefitsAlly and its principals, shareholder, agents, officers, directors, consultants, subsidiaries, licensors, and employees from any and all claims, damages, obligations, payments, deficiencies, fines, judgments, settlements, losses, liabilities, costs or debt, and expenses (including, but not limited to, attorney’s fees) arising from or relating to: (i) any third-party claim, suit, action, or proceeding arising out of the breach of your representations and warranties contained herein; (ii) your use and access to any of BenefitsAlly services, including any data or content transmitted or received by you; (iii) your violation of any term of this Agreement; or (iv) your violation of any third-party right, including without any limitation, any rights of privacy or intellectual property rights.

GOVERNING LAW

This Agreement and any Disputes shall be governed by the internal substantive laws of the State of Texas, without regard to its choice or conflicts of law provisions. In the event that any dispute arises under the terms hereunder, you agree that jurisdiction and venue are proper in the State of Texas.

GENERAL

If any provision of this Agreement is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect. BenefitsAlly’s failure to enforce any term of this Agreement shall not be deemed as a waiver of such term or otherwise affect BenefitsAlly’s ability to enforce such term at any point in the future. This Agreement is the entire agreement between you and BenefitsAlly and supersedes all prior or contemporaneous negotiations, discussions or agreements between you and BenefitsAlly. The proprietary rights, disclaimer of warranties, representations made by you, indemnities, limitations of liability and general provisions shall survive any termination of this Agreement.

NOTICES

This paragraph serves as your agreement that BenefitsAlly may provide notifications, whether such notifications are required by law or are for marketing or other business-related purposes, to you via email notice, written or hard copy notice, or through conspicuous posting of such notice on our website, as determined by BenefitsAlly in its sole discretion.

Under California Civil Code section 1789.3, California users of the website receive the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112 Sacramento, CA 95834, or by telephone at (800) 952-5210.

CONTACT

Any inquiries about your rights under these Terms can be directed to insights@benefitsally.com.

Last modified on June 15, 2021