Terms of Service

Terms of Service

February 1, 2023

 The following membership Terms of Service (“Terms of Service” or “Agreement”)) is a binding agreement between you (“you” or “your”) and BenefitsMe, LLC (“BMEE”, “we”, “us” or “our”). Please read this Agreement carefully before you start to make a purchase or use our website. You understand that by placing an order on the benefitsme.com website (“Website”), (a) you represent and warrant that you are at least 18 years of age; (b) you have read and accept and agree to be bound and abide by this Agreement and our privacy policy, which is at http://www.beneifitsme.com/privacy-policy/ (which may be updated from time to time) (“Privacy Policy”); and (c) you create a legally binding installment contract between you and BME. If you do not want to agree to this Agreement or the Privacy Policy, you must not access or use the Website. You hereby guaranty payment to BME of the purchase price for any products you order.

You hereby authorize your employer to deduct the installment payments for your order from your paycheck and remit such installment payments to BME. You understand that your participation in the BenefitsMe Employee Purchase Program requires your employer to supply payroll and financial information to BME. You understand that if your net pay is not sufficient to fully cover any installment, you are responsible to make timely payment on your own.  In the event your employment ceases with employer, you authorize your employer to deduct the entire order balance from your final paycheck and deliver such amount to BME, and you understand and agree that you personally guaranty any unpaid order balance. We can terminate your installment agreement if you do not make installment payments as agreed, at which time you will pay the remaining outstanding balance. If we terminate your agreement, we may collect the entire amount you owe by levy on your income or by deducting from your bank accounts or debit or credit cards you provided us or other assets.

Electronic Communications

When you visit the Website or send e-mails to us, you are consenting to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement.

License and Website Access

Subject to your continued compliance with the Terms of Service, BME grants you a limited right to access and make personal use of this Website but not to download (other than page caching) or modify it, or any portion of it, except with express written consent of BME. This right does not include any right to, and you shall not (a) resell or commercial use of this Website or its contents: (b) collect and use any product listings, descriptions, or prices; (c) make any derivative use of this Website or its contents; (d) download or copy account information for the benefit of another merchant or other third party; (e) use data mining, robots, or similar data gathering and extraction tools; (f) reproduce, duplicate, copy, sell, resell, visit, or otherwise exploit the Website or any content or products for any commercial purpose without express written consent of BME. 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 BME and our associates without express written consent. You may not use any meta tags or any other “hidden text” utilizing BME’s name or trademarks without the express written consent of BME. Any unauthorized use may result in the termination of the above rights. Subject to your continued compliance with the Terms of Service, you are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of benefitsme.com for your own personal use so long as the link does not portray BME, its associates, or their products or services in an inaccurate, false, misleading, derogatory, or otherwise offensive matter, or imply any of the foregoing. You may not use any BME logo or other proprietary graphic or trademark as part of the link without express written permission.

Your Membership Account

You agree to (i) provide truthful and accurate registration information as requested by us; (ii) promptly inform us of any changes to your registration information, including, but not limited to, your address and email address; (iii) take all reasonable precautions to safeguard access to your password and to prevent unauthorized access to or use of the services; (iv) promptly report to us any unauthorized use of your login information or the services of which you become aware; and, (v) ensure that you log out from your account at the end of each session. You are responsible for keeping your account login credentials (username and password) confidential and not sharing them with unauthorized users. If you disclose your login credentials to someone, you are responsible for any use, disclosure, additions, deletions and modifications of your information. If you are under 18, you may use the Website only with involvement of a parent or guardian. BME and its associates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.

DISCLAIMER OF WARRANTIES

THIS WEBSITE IS PROVIDED BY BME ON AN “AS IS” AND “AS AVAILABLE” BASIS. BME MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS WEBSITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS WEBSITE IS AT YOUR SOLE RISK. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW. BME DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NONINFRINGEMENT AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, WE PROVIDE NO WARRANTY AND MAKES NO REPRESENTATION OF ANY KIND THAT THE PLATFORM OR SERVICES WILL MEET YOUR REQUIREMENTS OR ACHIEVE ANY INTENDED RESULTS. BME DOES NOT WARRANT THAT THIS WEBSITE, ITS SERVERS, OR E-MAIL SENT FROM BME ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WITHOUT LIMITING THE FOREGOING, NEITHER WE NOR ANY OF OUR PROVIDERS, PARTNERS, AFFILIATES, PARTNERS, LICENSEES, FRANCHISEES (WHEN AND WERE APPLICABLE) MAKE ANY REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED: (I) AS TO THE OPERATION OR AVAILABILITY OF THE WEBSITE, OR THE INFORMATION, CONTENT INCLUDED THEREON; (II) THAT THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE; (III) AS TO THE ACCURACY, RELIABILITY, OR CURRENCY OF ANY INFORMATION OR CONTENT PROVIDED THROUGH THE WEBSITE; OR (IV) THAT THE WEBSITE, OUR (AND OUR SERVICE PROVIDERS’) SERVERS, THE CONTENT, OR COMMUNICATIONS SENT FROM OR ON BEHALF OF US ARE FREE OF VIRUSES, SCRIPTS, TROJAN HORSES, WORMS, MALWARE, TIME BOMBS OR OTHER HARMFUL COMPONENTS.

LIMITATION OF LIABILITY

1. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL BME OR ITS AFFILIATES, PARTNERS, LICENSEES, FRANCHISEES (WHEN AND WERE APPLICABLE), OR ANY OF OUR RESPECTIVE LICENSORS OR SERVICE PROVIDERS, HAVE ANY LIABILITY ARISING FROM OR RELATED TO YOUR USE OF OR INABILITY TO USE THE WEBSITE FOR:
2. PERSONAL INJURY, PROPERTY DAMAGE, LOST PROFITS, COST OF SUBSTITUTE GOODS OR SERVICES, LOSS OR CORRUPTION DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION, COMPUTER FAILURE OR MALFUNCTION OR ANY OTHER CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL OR PUNITIVE DAMAGES;
3. ANY ACTION YOU TAKE BASED ON THE INFORMATION YOU RECEIVE IN THROUGH OR FROM THE WEBSITE;

iii. YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL;

1. THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION, OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE WEBSITE;
2. THE IMPROPER PURCHASES BY SOMEONE CLAIMING THE AUTHORITY TO MAKE SUCH PURCHASES;
3. STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE WEBSITE;

vii. DIRECT DAMAGES IN AMOUNTS THAT IN THE AGGREGATE EXCEED THE GREATER OF (i) THE AMOUNT ACTUALLY PAID BY YOU FOR THE ANY PRODUCTS ORDERED ON THE WEBSITE AND (ii) ONE HUNDRED DOLLARS (US$100.00). THE FOREGOING LIMITATIONS WILL APPLY WHETHER SUCH DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER THEORY OR CAUSE OF ACTION AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE OR WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

1. UNDER NO CIRCUMSTANCES SHALL BME BE LIABLE FOR ANY DAMAGES THAT RESULT FROM THE USE OF OR INABILITY TO USE THE WEBSITE, INCLUDING, BUT NOT LIMITED TO, RELIANCE BY YOU ON ANY INFORMATION OBTAINED FROM THE WEBSITE OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR E-MAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO OUR RECORDS, PROGRAMS, OR SERVICES. YOU HEREBY ACKNOWLEDGE THAT THIS PARAGRAPH SHALL APPLY TO ALL CONTENT, DATA, AND INFORMATION SUBMEITTED TO THE WEBSITE.
2. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE §1542, WHICH SAYS: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR. IF YOU ARE A RESIDENT OF A STATE WITH PROTECTIONS SIMILAR TO CALIFORNIA CIVIL CODE §1542, YOU HEREBY WAIVE SUCH PROVISIONS OR PROTECTIONS.

Indemnification

You agree to indemnify, defend, and hold by BME and its officers, directors, employees, agents, affiliates, service providers, successors and assigns harmless from and against any and all

losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including reasonable attorneys’ fees and costs, arising from or relating to (i) your use or misuse of the Website; (ii) your breach of this Agreement; (iii) any Content you submit, post to or transmit to the Website; or, (iv) your violation of any third party’s rights, including, but not limited to, intellectual property rights, right of privacy, right of publicity and confidentiality.

Product Descriptions

BME and its associates attempt to be as accurate as possible. However, BME does not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free. If a product offered by BME itself is not as described, your sole remedy is to return it in unused condition in the original packaging for a refund or credit in accordance with our return policy.

Applicable Law

By visiting the Website, you agree that the laws of Kansas, without regard to principles of conflict of laws, will govern these Terms of Service and any dispute of any sort that might arise between you and BME.

Dispute Resolution

The following is the exclusive dispute resolution procedure that will be used in any dispute (“Dispute Resolution Procedure”). In the event of any dispute, claim, question or disagreement arising from or relating to the Terms of Use, or the relationship that results from this agreement (a “Dispute”), the parties hereto shall use their best efforts to settle the Dispute. To this effect, the parties shall consult and negotiate with each other in good faith and, recognizing their mutual interests, attempt to reach a just and equitable solution satisfactory to both parties. If the parties do not reach such solution within a period of thirty (30) days, then the Dispute shall be resolved by binding arbitration in Sedgwick County, Kansas, in accordance with the Commercial Arbitration Rules of the American Arbitration Association (the “AAA”), subject to the limitations of this section. This agreement to arbitrate will be specifically enforceable under the prevailing law of any court having jurisdiction. Notice of a demand for arbitration shall be filed in writing with the other party hereto and with the AAA. The demand for arbitration shall be made within the Claim Period set forth below, and in no event shall any such demand be made after the date when institution of legal or equitable proceedings based on such Dispute would be barred by the applicable statute of limitations. The parties agree that one (1) arbitrator shall arbitrate the Dispute. The arbitrator shall be selected by the joint agreement of the parties, but if they do not so agree within twenty (20) days after the date of the notice of a demand for arbitration referred to above, the selection shall be made pursuant to the Commercial Arbitration Rules of the AAA from the panels of business arbitrators maintained by the AAA. The decision of the arbitrator shall be made in writing, shall be final, judgment may be entered upon it in any court having jurisdiction thereof, and the decision shall not be subject to vacation, modification or appeal, except to the extent permitted by sections 10 and 11 of the Federal Arbitration Act, the terms of which sections the parties agree shall apply. The expenses of arbitration, including reasonable attorneys’ fees and the fees and expenses of the arbitrator, shall be shared equally by the parties.

Website Policies, Modifications and Severability

We reserve the right to make changes to our site, policies, and these Terms of Service 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 term or condition.

Miscellaneous

1. Class Action Waiver. Any proceedings to resolve or litigate any dispute in any forum will be conducted solely on an individual basis. Neither you nor we will seek to have any dispute heard as a class action or in any other proceeding in which either party acts or proposes to act in a representative capacity, and each party hereby waives any right to assert consolidated claims with respect to any disputes subject to arbitration under this Agreement or any disputes between the parties. No arbitration or proceeding will be combined with another without the prior written consent of all parties to all affected arbitrations or proceedings.
2. Limitation of Time to File Claims. Any action, claim or dispute you have against us must be filed within one year from when the claim or notice of dispute first could be filed (“Claim Period”), and must be done in accordance with the Dispute Resolution Procedure set forth herein. If a claim or dispute is not filed within such Claim Period, it is permanently barred.
3. Notices. You agree that we may provide you with notices, including those regarding changes to this Agreement, by email to the address you provided at the time of registration or as changed in your profile on the Website.
4. Independent Contractors. The parties intend that an independent contractor relationship will be created by this Agreement, and that no additional partnership, joint venture, employee, employer or other relationship is intended. You agree not to hold yourself out as in any way sponsored by, affiliated with, endorsed by, in partnership or venture with BME or us, nor as an employee or employer of us, any of our affiliates or service providers.
5. Entire Agreement. This Agreement constitutes the entire agreement between you and us with respect to the Website and supersede all prior or contemporaneous understandings and agreements, whether written or oral, with respect thereto. No failure to exercise, and no delay in exercising, on the part of either party, any right or any power hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or power hereunder preclude further exercise of that or any other right hereunder. In the event of a conflict between this Agreement and any applicable purchase or other terms, the terms of this Agreement shall govern. If any provision of this Agreement is illegal or unenforceable under applicable law, the remainder of the provision will be amended to achieve as closely as possible the effect of the original term and all other provisions of this Agreement will continue in full force and effect. The headings of sections and paragraphs in this Agreement are for convenience only and shall not affect its interpretation.