Last Updated: July 21, 2016 12:00PM EDT
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Thank you for using BenefitsGizmo's innovative platform for consumers and employers seeking to find and share detailed employee benefits information. The information shared on areas of the BenefitsGizmo.com website have been provided by BenefitsGizmo, visitors and others. BenefitsGizmo is not responsible for information, comments, advice or other information made by visitors or others on this website.
Terms of Service
1. ACCEPTANCE OF TERMS
BenefitsGizmo provides the BenefitsGizmo service to you, subject to acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies and procedures that may be published from time to time on this site by BenefitsGizmo (collectively the 'Terms').
We reserve the right to modify these terms by posting a notice on our website, or by sending you a notice via email, postal mail or phone. You shall be responsible for reviewing and becoming familiar with any such modifications. Such modifications are effective immediately upon first posting or notification, and use of our website or any services by you following such posting or notification constitutes your acceptance of these Terms as modified.
IF YOU DO NOT AGREE TO ALL OF THESE TERMS, THEN DO NOT ACCESS OR USE THE SERVICE. BY VIEWING OR USING ALL OR ANY PART OF THE SERVICE, DOWNLOADING ANY MATERIALS OR BY COMPLETING AN INFORMATION REQUEST REGISTRATION PROCESS, YOU AGREE TO BE BOUND BY ALL OF THE TERMS.
2. THE BENEFITSGIZMO SERVICE
BenefitsGizmo provides users with access to a rich collection of on-line resources, including employer benefits data and related information, along with the potential ability to contact companies for jobs directly (collectively, the "Service"). Unless explicitly stated otherwise, any new features that enhance the current Service shall be subject to these Terms. In order to use the potential Service, you must obtain access to the World Wide Web, either directly or through devices that access web-based content, and pay any service fees associated with such access. In addition, you must provide all equipment necessary to make such connection to the World Wide Web, including a computer and modem or other access device.
3. REGISTRATION OBLIGATIONS
The Service is available to individuals who are at least 18 years old and a resident of the United States. If you do not so qualify, do not attempt to register for or use the Service. BenefitsGizmo may refuse to offer the Service to any person or entity and may change its eligibility criteria, at any time, in its sole discretion.
4. ACCOUNT USERS AND REGISTRATION OBLIGATIONS
In order to take advantage or use some of the features offered with the Services, when applicable, you may be required to register and/or create an account with BenefitsGizmo. By creating an account, you agree to take full responsibility for maintaining the account user name, password, and all related activity that occurs under your account username. As applicable, BenefitsGizmo reserves the right to close your account at any time for any reason or no reason, in its sole discretion.
In consideration of use of the Service, you agree to:
- provide true, accurate, current and complete information about yourself as prompted by the Service's registration form (such information being the "Registration Data") and
- maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or BenefitsGizmo has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, BenefitsGizmo has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof).
Additionally, you agree that if you provide false information to obtain access to a BenefitsGizmo business site that you are not legally entitled to claim, BenefitsGizmo will be entitled to collect liquidated damages of no less than $1000 per violation or actual damages incurred by BenefitsGizmo from you. You understand and agree that the service may include certain electronic and telephone communications from BenefitsGizmo, including but not limited to, service announcements, status reports, administrative messages and a potential BenefitsGizmo newsletter, and that these communications are considered part of BenefitsGizmo service and (except as prohibited by applicable law) you may not be able to opt out of receiving them.
6. USER CONDUCT
You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages, lists or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that you, and not BenefitsGizmo, are entirely responsible for all Content that you upload, post or otherwise transmit via the Service. BenefitsGizmo does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content, including but not limited to business endorsements and commentary. You understand that by using the Service, you may be exposed to Content that is offensive, indecent or objectionable.
You agree to not use the Service to:
- Upload, post or otherwise transmit any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
- Harm minors in any way;
- Impersonate any person or entity, including, but not limited to, a BenefitsGizmo employee/officer/official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
- Forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service or develop restricted or password-only access pages, or hidden pages or images (those not linked to from another accessible page);
- Upload, post or otherwise transmit any Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
- Upload, post or otherwise transmit any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
- Upload, post or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- Promote or use the site for a commercial purpose for competitive products, except as expressly permitted by BenefitsGizmo;
- Keyword spam or to otherwise attempt to manipulate search results;
- Interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
- Intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law;
- "Stalk" or otherwise harass another individual or company;
- Collect or store personal data about users any individual or company (including for the purposes of advertising to or soliciting any BenefitsGizmo user to buy or sell any products or services) other than customers who willingly provide such information in order to explore bona fide business opportunities or connections.
- Create or submit unwanted email or messaging ('Spam') to any other BenefitsGizmo user.
By using the Service you agree to hold responsibility for all information that you submit. BenefitsGizmo has no obligation to monitor user submitted content. However, BenefitsGizmo reserves the right to refuse or to remove any materials posted in its sole discretion and without informing you. By your use of the Service, you agree not to post any materials containing unlawful, defamatory, violation to other person’s privacy, distributing of unsolicited advertising, sexual, racial or religious content. You also agree that you will not seek to enforce any copyright on a specific coupon offer. You accept to waive any claim related to the inclusion, placement, exclusion, or removal of any coupon or promotional details in the BenefitsGizmo directory and to grant BenefitsGizmo a non-exclusive, royalty-free license to use, publish, copy, edit, modify, or create derivative works from your submission.
In addition, you agree that all hyperlinks and other offers comprising the Service (e.g. hyperlinks provided in connection with potential BenefitsGizmo's RSS feeds) may not be modified from the original form in which such hyperlinks and other offers are generally made available by BenefitsGizmo.
7. CONTENT SUBMITTED TO BENEFITSGIZMO
By uploading, submitting or otherwise disclosing or distributing content of any kind on the BenefitsGizmo.com website or otherwise through the Service, you:
- Grant to BenefitsGizmo, its affiliates and their assignees the perpetual, irrevocable, non-exclusive, royalty-free right to use, reproduce, display, perform, adapt, modify, distribute, make derivative works of and otherwise exploit such content in any form for the purpose of providing the Services, including without limitation, any concepts, ideas or know-how embodied therein;
- Represent and warrant to BenefitsGizmo that you own or otherwise control all rights to such content and that disclosure and use of such content by BenefitsGizmo (including without limitation, publishing content at the BenefitsGizmo.com website) will not infringe or violate the rights of any third party; and
- Acknowledge that the content may not be treated confidentially.
You agree not to provide BenefitsGizmo with any confidential or proprietary information that you desire or are required to keep secret.
You acknowledge that BenefitsGizmo holds the right not to pre-screen Content and BenefitsGizmo and its designees shall have the right (but not the obligation) in their sole discretion to remove or block access to any Content that is available via the Service. Without limiting the foregoing, BenefitsGizmo and its designees shall have the right to remove any Content that violates the Terms or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content provided to BenefitsGizmo, including any reliance on the accuracy, completeness, or usefulness of such Content.
You agree to indemnify and hold BenefitsGizmo, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your Content, your use of the Service, your connection to the Service, your violation of the Terms, or your violation of any rights of another.
9. NO RESALE OF SERVICE
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service.
10. MODIFICATIONS TO SERVICE
BenefitsGizmo reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that BenefitsGizmo shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
When applicable, you agree that BenefitsGizmo, in its sole discretion, may terminate your password, use of the Service or use of any other BenefitsGizmo service, and remove and discard any Content within the Service, for any reason, including, without limitation, for lack of use or if BenefitsGizmo believes that you have violated or acted inconsistently with the letter or spirit of the Terms. BenefitsGizmo may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of this Terms may be effected without prior notice, and acknowledge and, as applicable, agree that BenefitsGizmo may immediately deactivate or delete your BenefitsGizmo Site and all related information and files in your BenefitsGizmo Site and/or bar any further access to such files or the Service. Further, you agree that BenefitsGizmo shall not be liable to you or any third-party for any termination of your access to the Service.
BenefitsGizmo runs advertisements and promotions on BenefitsGizmo Sites. By creating your BenefitsGizmo site, you agree that BenefitsGizmo has the right to run such advertisements and promotions. The manner, mode and extent of advertising by BenefitsGizmo on your BenefitsGizmo Site are subject to change in the sole discretion of BenefitsGizmo.
Your correspondence or business dealings with, or participation in promotions of, companys or advertisers found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such company or advertiser. You agree that BenefitsGizmo shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Service.
14. SEARCH ENGINE MARKETING ("SEM") OR COMPANY AGREEMENT TERMS AND CONDITIONS
Please carefully read this agreement, including the SEM package chosen, before filing it in a safe place.
By accepting this agreement, the company is bound by its conditions. It covers important topics such as the company's potential SEM package, BenefitsGizmo's rights to change its conditions policy, and how long the agreement lasts. If the company accepts this agreement, it will apply to all future SEM packages provided by BenefitsGizmo.
THIS AGREEMENT STARTS WHEN THE COMPANY ACCEPTS. The company accepts when they do any of the following things after an opportunity to review this agreement:
- Give BenefitsGizmo an electronic signature;
- Tell BenefitsGizmo orally or electronically that you accept;
- Open a package that says the company accepts by opening it; or
- Use the company's service after making any change or addition when BenefitsGizmo told the company that the change or addition requires acceptance.
IF THE COMPANY DOESN'T WANT TO ACCEPT, DON'T DO ANY OF THESE THINGS.
The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because BenefitsGizmo has no control over such sites and resources, you acknowledge and agree that BenefitsGizmo is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that BenefitsGizmo shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.
16. BENEFITSGIZMO PROPRIETARY RIGHTS
You agree that all content and materials delivered via the Service or otherwise made available by BenefitsGizmo are protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws. Except as expressly authorized by BenefitsGizmo in writing, you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from such materials or content. However, you may print or download a reasonable number of copies of the materials or content at BenefitsGizmo's website for your internal business purposes; provided, that you retain all copyright and other proprietary notices contained therein. Systematic retrieval of data or other content from BenefitsGizmo's website to create or compile, directly or indirectly, a collection, database or directory without written permission from BenefitsGizmo is prohibited. Any third party that contacts our users for commercial reasons, including to sell them products or services, is in violation of these terms and each individual violation is subject to no less than $3,000 in penalties per instance.
Reproducing, copying or distributing any content, materials or design elements on the BenefitsGizmo website for any other purpose is strictly prohibited without the express prior written permission of BenefitsGizmo. Use of the content or materials for any purpose not expressly permitted in these Terms is prohibited. Any rights not expressly granted herein are reserved.
You acknowledge and agree that the Service and any necessary software used in connection with the Service ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. BenefitsGizmo grants you a personal, non-transferable and non-exclusive right and license to use the object code of its Software on a single computer; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Service. You agree not to access the Service by any means other than through the interface that is provided by BenefitsGizmo for use in accessing the Service.
17. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
- YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. BENEFITSGIZMO EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF COMPANYABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
- BENEFITSGIZMO MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
- ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
- NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM BENEFITSGIZMO OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.
18. LIMITATION OF LIABILITY
IN NO EVENT SHALL COMPANYCIRLE (OR ITS AFFILIATES, LICENSORS OR SUPPLIERS) BE LIABLE CONCERNING THE SUBJECT MATTER OF THIS AGREEMENT, REGARDLESS OF THE FORM OF ANY CLAIM OR ACTION (WHETHER IN CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE), FOR ANY (A) MATTER BEYOND ITS REASONABLE CONTROL, (B) LOSS OR INACCURACY OF DATA, LOSS OR INTERRUPTION OF USE, OR COST OF PROCURING SUBSTITUTE TECHNOLOGY, GOODS OR SERVICES, (C) DIRECT OR INDIRECT, PUNITIVE, INCIDENTAL, RELIANCE, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES INCLUDING, BUT NOT LIMITED TO, LOSS OF BUSINESS, REVENUES, PROFITS OR GOODWILL, OR (D) AMOUNTS IN THE AGGREGATE GREATER THAN TEN DOLLARS ($10), EVEN IF BENEFITSGIZMO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE LIMITATIONS ARE INDEPENDENT FROM ALL OTHER PROVISIONS OF THIS AGREEMENT AND SHALL APPLY NOTWITHSTANDING THE FAILURE OF ANY REMEDY PROVIDED HEREIN.
19. EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 18 AND 19 MAY NOT APPLY TO YOU.
Notices to you may be made via either email or regular mail. The Service may also provide notices of changes to the Terms or other matters by displaying notices or links to notices to you generally on the Service.
BenefitsGizmo respects the intellectual property rights of others and we ask our users to do the same.
22. GENERAL INFORMATION
The Terms constitute the entire agreement between you and BenefitsGizmo and govern your use of the Service, superseding any prior agreements between you and BenefitsGizmo (including, but not limited to, any prior versions of the Terms). These Terms and the Service contemplated hereunder are personal to you, and are not assignable, transferable or sublicensable by you except with BenefitsGizmo's prior written consent. BenefitsGizmo may assign, transfer or delegate any of its rights and obligations hereunder without consent. You also may be subject to additional terms and conditions that may apply when you use affiliate or other BenefitsGizmo services, third-party content or third-party software. The Terms and the relationship between you and BenefitsGizmo shall be governed by the laws of the State of North Carolina without regard to its conflict of law provisions. You and BenefitsGizmo agree to submit to the personal and exclusive jurisdiction of the courts located within Durham County, North Carolina. The failure of BenefitsGizmo to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the Terms are for convenience only and have no legal or contractual effect.
Please report any violations of the Terms to us at email@example.com