By accessing or using the Benefits Plus manual ("Benefits Plus Online") found at the internet address https://bplc.cssny.org/ (the "Site"), you hereby accept and agree to comply with the terms and conditions set forth in this User Agreement. This User Agreement is a binding agreement between you and the Community Service Society ("CSS"), owner and operator of the Site, and governs your access to and use of Benefits Plus Online, which includes any text, graphics, user interfaces, visual interfaces, information, data, tools, products, services and other content (together, "Content"), including but not limited to the design, structure, selection, coordination, expression and arrangement of the Content available on or through Benefits Plus Online. You may contact CSS by e-mail (email@example.com) with questions about the terms and conditions of this User Agreement.
WHEN YOU CLICK ON "CREATE ACCOUNT" YOU ARE CONFIRMING YOUR AGREEMENT TO THE TERMS OF THIS USER AGREEMENT, THAT IS, YOU ARE AGREEING THAT YOU HAVE READ, UNDERSTAND AND ACCEPT THE TERMS AND CONDITIONS CONTAINED HEREIN, WILL ABIDE BY THIS USER AGREEMENT IN ITS THEN CURRENT FORM AND ARE LEGALLY BOUND BY THIS USER AGREEMENT.
1. CSS grants you a limited right to use Benefits Plus Online.
- Your right to use Benefits Plus Online is subject to your agreement to abide by this User Agreement in its entirety, as well as any other rules, procedures, policies, terms or conditions that govern all or any portion of the Site, including the Terms and Conditions.
- At any time and for any reason CSS may revoke your right to use all or any portion of Benefits Plus Online.
- You may not violate or attempt to violate the security of Benefits Plus Online or the Site.
2. The Site is owned by CSS.
- Benefits Plus Online is protected by one or more copyrights, patents, database rights, trademarks, service marks and/or other intellectual property and proprietary rights that are owned by CSS, its affiliates and/or third parties.
- You may not publish, broadcast, retransmit, reproduce, repackage, frame, commercially exploit, create any derivative of or otherwise redistribute all or any portion of Benefits Plus Online except as explicitly permitted in this User Agreement.
- You may print copies of any accessible portion of Benefits Plus Online only for your own personal use or that of clients who have retained your services. You may discuss information that you learn from Benefits Plus Online with your clients, and with financial, legal or tax advisors, and others with whom you share business and organizational decisions.
- You may not remove any copyright, trademark or other proprietary notice or legend contained on (or printed from) Benefits Plus Online.
- You may not decompose, decompile, reverse engineer, disassemble or otherwise deconstruct all or any portion of Benefits Plus Online.
3. You make certain representations and warranties regarding your use of Benefits Plus Online.
- You represent and warrant that:
- you have full authority and all rights necessary to enter into and fully perform all of your obligations pursuant to this User Agreement;
- you have not and you will not enter into any agreement or perform any act which might contravene the purposes and/or effects of this User Agreement; and
- you will not delete any Content.
4. All Content is for educational and informational purposes only.
- While CSS makes reasonable efforts to ensure that Content is accurate and up to date, CSS does not give any advice or make any representations or warranties, express or implied, as to the accuracy, completeness or timeliness of the information contained in Benefits Plus Online.
- CSS does not give any advice or make any representations through Benefits Plus Online as to whether any information in Benefits Plus Online is suitable for or applicable to you or to your clients.
- Nothing in Benefits Plus Online is intended to be, and you should not consider anything in Benefits Plus Online to be, investment, accounting, tax or legal advice to you or your clients.
5. There are various risks you assume in relying on the Content.
- Dated Content speaks only as of the date indicated.
- CSS makes reasonable efforts to provide accurate Content, but at times CSS may not promptly update or correct Benefits Plus Online.
- CSS may change all or any portion of Benefits Plus Online at any time without notice to you.
- CSS does not endorse the opinions of, or warrant the accuracy of facts or other Content contributed by, any third party.
- You agree that CSS is not liable for any action you or your clients take or decision you or your clients make in reliance on any Content.
6. You must keep all Content and your password confidential.
- You may not disclose any Content to any third party, except to your financial, legal or tax advisors, and others with whom you share business and organizational decisions, and to your clients.
- Your password is personal to you. You may not share your password with any person or entity, including colleagues or clients.
- Each Benefits Plus Online user in your office or firm must register and obtain a separate password.
- You are solely responsible for the confidentiality and security of your password. You accept full responsibility for any use of your password. You must notify CSS immediately of any actual or suspected loss, theft or unauthorized use of your password.
- CSS is not obligated to inquire as to the authority for or propriety of any use of or action taken under your password. CSS will not be responsible for any loss to you that arises from such use or action or from your failure to comply with these provisions.
7. CSS is not liable for any technological problems or any impact that they may have.
- CSS makes reasonable efforts to avoid technological problems, but at any time all or any portion of Benefits Plus Online may not be available and may not function properly or may cause errors on your system despite these efforts.
- CSS takes reasonable security precautions when using the Internet, telephone or other means to transport data or other communications, but disclaims liability for any interception of data or communications.
- CSS makes reasonable efforts to ensure that Benefits Plus Online and the Site are secure but does not guarantee the security of Benefits Plus Online and the Site.
- CSS is not liable for any damage or injury caused by the performance or failure of performance of all or any portion of Benefits Plus Online or the Site.
- CSS is not liable for any defects, delays or errors in or resulting from your use of Benefits Plus Online or the Site.
8. CSS is not responsible for information on any third party web site that is referred in, or accessible or connected by hyperlink to, Benefits Plus Online or the Site.
- If you access any third party web site through Benefits Plus Online or the Site or otherwise, you do so at your own risk.
- Hyperlinks to or from Benefits Plus Online and/or the Site do not constitute third party endorsement of, sponsorship by or affiliation with CSS.
9. CSS has the right but not the obligation to monitor and record activity on the Site and respond as it deems appropriate.
- CSS may monitor and record activity on the Site for any reason or for no reason.
- CSS may investigate any complaint or reported violation of its policies.
- CSS may report any activity that it suspects may violate any law or regulation to regulators, law enforcement officials or other persons or entities that it deems appropriate.
- CSS may issue warnings, suspend or terminate use of Benefits Plus Online and/or the Site, deny access to all or part of Benefits Plus Online and/or the Site or take any other action that it deems appropriate.
11. CSS disclaims all warranties with respect to Benefits Plus Online and the Site that the law allows it to disclaim.
- Benefits Plus Online and the Site are provided “as is” and “as available."
- CSS disclaims all representations and warranties express or implied, of any kind with respect to Benefits Plus Online and the Site including warranties of:
- fitness for a particular purpose, and
- non-infringement of intellectual property and other proprietary rights.
- Without limiting its general disclaimer, CSS does not warrant the availability, accuracy, completeness, timeliness, functionality, reliability, sequencing or speed of delivery of the Site or any part of the Contents.
12. CSS’s liability with respect to Benefits Plus Online and the Site is limited to the maximum extent permitted by law.
- In no event will CSS or any of its affiliates, agents or employees be liable for any indirect, incidental, special, punitive or consequential damages however caused arising out of this User Agreement, the Site, Benefits Plus Online, the inability to use the Site and/or Benefits Plus Online, or transactions entered into through the Site. CSS's liability is limited even if it has been advised of the possibility of the damages that you or anyone you permit to use Benefits Plus Online or the Site suffer, or if any remedy you or any such person fails of its essential purpose.
- Under all circumstances, the maximum liability of CSS, its agents and employees to any user of the Site or Benefits Plus Online with respect to either the Site or Benefits Plus Online is $100.
- THIS DISCLAIMER OF LIABILITY APPLIES TO ANY AND ALL DAMAGES OR INJURY, INCLUDING THOSE CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF OR USE OF ANY ASSET, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE OR UNDER ANY OTHER CAUSE OF ACTION.
13. You will be responsible for any liability to CSS that arises out of your breach of this User Agreement or your use of Benefits Plus Online and/or the Site.
- You agree to indemnify, defend and hold harmless CSS and its affiliates, agents, employees and third party sources from and against any and all suits, losses, claims, demands, liabilities, damages, costs and expenses (including reasonable attorneys' fees) that arise from or relate to:
- Your or your clients’ use of Benefits Plus Online and/or your use of the Site,
- your breach of this User Agreement or any representation, warranty or covenant made by you in this User Agreement,
- your or your clients’ violation of any applicable law, statute, ordinance, regulation or of any third party's rights, or
- claims asserted by third parties which, if proven, would place you in breach of representations, warranties, covenants or other provisions contained in this User Agreement.
14. New York law governs this User Agreement.
- All issues shall be governed by the law of the State of New York, without regard to its choice of law rules. The exclusive jurisdiction for any action arising under this User Agreement shall be the Federal and State Courts located in Manhattan, New York.
15. You will be bound by revised versions of this User Agreement that CSS posts on the Site.
- Modifications will be effective immediately upon posting unless CSS indicates otherwise.
- Your use of Benefits Plus Online and the Site indicates your full acceptance of this User Agreement in its then-current form each time you use Benefits Plus Online or the Site.
16. You are bound by certain other general conditions.
- CSS may assign this User Agreement in whole or in part at any time without your consent. You may not assign this User Agreement or delegate any of your obligations under this User Agreement. Any purported assignment of this User Agreement in violation of its terms is void.
- If any provision of this User Agreement is found invalid or unenforceable, that provision shall be enforced to the maximum extent possible and the remaining provisions of this User Agreement shall remain in full force and effect.
- This User Agreement constitutes the entire understanding, and supersedes all other understandings, between you and CSS concerning the subject matter hereof.
17. ELECTRONIC SIGNATURE.
- You should carefully read, understand the above disclosures before you agree to this User Agreement.
- When you click on “Create Account” you accept the above disclosures and all contents of the User Agreement.