Contract Terms
Welcome to beneficiency.net™. Beneficiency One, LLC provides its services to you subject to the following conditions. If you visit beneficiency.net™, you accept these conditions. Please read them carefully. In addition, when you use any current or future beneficiency.net service, you also will be subject to the guidelines and conditions applicable to such service or business. If these conditions are inconsistent with such guidelines and conditions, such guidelines and conditions will control.
PRIVACY
Please review our Privacy Notice, which also governs your visit to beneficiency.net, to understand our practices.
ELECTRONIC COMMUNICATIONS
When you visit beneficiency.net or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail, via notices posted on your employer account, and through alerts generated by your company profile. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
COPYRIGHT
All content included on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Beneficiency One, LLC or its content suppliers and protected by United States and international copyright laws. The compilation of all content on this site is the exclusive property of beneficiency.net and protected by U.S. and international copyright laws. All software used on this site is the property of beneficiency.net or its software suppliers and protected by United States and international copyright laws.
TRADEMARKS
Beneficiency.net, beneficiency.com, beneficiency.us and other beneficiency.net graphics, logos, page headers, button icons, scripts, and service names are trademarks, registered trademarks or trade dress of Beneficiency One, LLC. beneficiency.net's trademarks and trade dress may not be used in connection with any product or service that is not beneficiency.net's, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits beneficiency.net. All other trademarks not owned by Beneficiency One, LLC or its affiliates that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by beneficiency.net or its affiliates.
LICENSE AND SITE ACCESS
Beneficiency One, LLC grants you a limited license to access and make personal use of beneficiency.net and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of Beneficiency One, LLC. This license does not include any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Beneficiency One, LLC. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of beneficiency.net™ without express written consent. You may not use any meta tags or any other "hidden text" utilizing beneficiency.net™'s name or trademarks without the express written consent of Beneficiency One, LLC. Any unauthorized use terminates the permission or license granted by beneficiency.net™. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of beneficiency.net™ so long as the link does not portray beneficiency.net™, or its products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any beneficiency.net™ logo or other proprietary graphic or trademark as part of the link without express written permission.
YOUR ACCOUNT
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password.
TOOLS & CALCULATORS
This web site may contain tools and calculators. Beneficiency One, LLC provides tools and calculators as a service to users, for educational purposes only. Beneficiency One, LLC does not guarantee the accuracy of the calculators or the results. Beneficiency One, LLC is not responsible for, and expressly disclaims all liability for, damages of any kind arising out of the use of such tools and calculators.
LINKS TO OTHER INTERNET SITES
This web site may contain links to other web sites operated by third parties. Beneficiency One, LLC provides links to other sites as a service to users The linked sites are not under the control of Beneficiency One, LLC or its affiliates or subsidiaries, and Beneficiency One, LLC is not responsible for the content available on the third-party sites. Such links do not imply Beneficiency One, LLC's endorsement or approval of material on any other site. It is the user's responsibility to take precautions to ensure that material selected from such linked sites is free of such items as viruses, worms, Trojan horses and other items of a destructive nature. Beneficiency One, LLC is not responsible for, and expressly disclaims all liability for, damages of any kind arising out of the use of such linked sites, or reference to or reliance on information contained therein.
ITEMS POSTED TO THE SITE
In the course of using your beneficiency.net™ employer account, you have the option to upload information such as benefit summaries and/or forms to our server. Beneficiency One, LLC reserves the right to remove any uploaded material deemed to be inappropriate at its sole discretion.
CENSUS INFORMATION
Beneficiency.net™ will also give you the option to upload any new employee data to your employer account via a census upload. The system is designed to only gather the employee's first name, last name, date of birth, date of hire and date of termination. No further private information is intended to be collected and therefore should not be presented to the system. Beneficiency One, LLC takes no responsibility for the protection of private information beyond the above mentioned data if it is presented to our system.
PAYMENTS
You must pay in U.S. dollars, by credit card, debit/check card or by check or money order. Please make checks payable to Beneficiency One, LLC. If paying with credit card or debit/check card, you must provide your authorization for Beneficiency One, LLC to apply recurring charges to the valid credit card or debit/check card at activation. Such recurring charges will continue until you or Beneficiency One, LLC cancel your services. The outstanding balance is due in full within 20 days of each payment period. We may, in our discretion, accept partial payments, which will be applied to the oldest outstanding statement. No "payment in full" notation or other restrictive endorsement written on your payments will restrict our ability to collect all amounts owing to us.
OUTSTANDING BALANCES
If your account balance is not paid on time, we may deactivate your services after any applicable grace period. If your account is past due, we may deactivate your services. If so, we will prorate your subscription and amounts owed to us and will apply your pre-payments to past due amounts and any remaining credit to future obligations.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THIS SITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE ARE PROVIDED BY BENEFICIENCY ONE, LLC ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. BENEFICIENCY ONE, LLC AND ITS AFFILIATES MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, BENEFICIENCY ONE, LLC AND ITS AFFILIATES DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE. BENEFICIENCY ONE, LLC DOES NOT WARRANT THAT THIS SITE; INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE; THEIR SERVERS; OR E-MAIL SENT FROM BENEFICIENCY.NET™ ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. BENEFICIENCY ONE, LLC AND ITS AFFILIATES WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.
CERTAIN STATE 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, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
APPLICABLE LAW
By visiting beneficiency.net™, you agree that the laws of the state of Kentucky, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and beneficiency.net™ or its affiliates.
DISPUTES
Any dispute relating in any way to your visit to and use of beneficiency.net™ shall be submitted to confidential arbitration in Ft. Mitchell, Kentucky, except that, to the extent you have in any manner violated or threatened to violate Beneficiency One, LLC's intellectual property rights, Beneficiency One, LLC may seek injunctive or other appropriate relief in any state or federal court in the state of Kentucky, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.
SITE POLICIES, MODIFICATION, AND SEVERABILITY
Please review our other policies posted on this site. These policies also govern your visit to beneficiency.net™. We reserve the right to make changes to our site, policies, and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
OUR ADDRESS
Beneficiency One, LLC
2135 Chamber Drive
Fort Mitchell, KY. 41017
info@beneficiency.net