Website Terms and Conditions of Use

Agreement to Terms of Use

These Terms and Conditions of Use (the "Terms of Use") apply to the Better Benefits web site located at www.bettermybenefits.com ("the Site"). The Site is the property of Better Benefits Inc. ("Better Benefits") and its licensors. BY USING THE SITE, YOU AGREE TO THESE TERMS OF USE; IF YOU DO NOT AGREE, DO NOT USE THE SITE.

Better Benefits reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time. It is your responsibility to check these Terms of Use periodically for changes. Your continued use of the Site following the posting of changes will mean that you accept and agree to the changes. As long as you comply with these Terms of Use, Better Benefits grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Site.

Content

All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code (collectively, "Content"), including but not limited to the design, structure, selection, coordination, expression, "look and feel" and arrangement of such Content, contained on the Site is owned, controlled or licensed by or to Better Benefits Inc., and is protected by copyright, patent, trademark, trade dress and/or unfair competition laws.

Except as expressly provided in these Terms of Use, no part of the Site and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including "mirroring") to any other computer, server, Web site or other medium for publication or distribution or for any commercial enterprise, without Better Benefits' express prior written consent.

You may use information on Better Benefits products and services (such as coupons, promotional codes, and other documents for exclusive, group or partner deals) purposely made available by Better Benefits for downloading from the Site, provided that you (1) not remove any proprietary notice language in all copies of such documents, (2) use such information only for your personal, non-commercial informational purpose and do not copy or post such information on any networked computer or broadcast it in any media, (3) make no modifications to any such information, and (4) not make any additional representations or warranties relating to such documents.

Health Content

Our general health care information should not in any event be construed as specific instructions for individual patients. This material is not intended as a guide to self-medication or as a substitute for proper medical advice, diagnosis, or treatment. It is for reference only and should not be used to determine treatment for specific medical conditions - only a health care provider can do that. The site and its health related information and resources are not intended and must not be taken as the rendering of medical, nursing, or professional health care advice or services, or the practice of medicine, nursing, or professional health care in any jurisdiction.

We specifically disclaim any guarantee or warranty, express or implied, with respect to any products or services sold, including any warranty of merchantability or fitness for a particular purpose. No information conveyed by Better Benefits either orally or in writing shall create such a warranty.

Your Use of the Site

You may not use any "deep-link", "page-scrape", "robot", "spider" or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Site or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Site or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Site. Better Benefits reserves the right to bar any such activity.

You may not attempt to gain unauthorized access to any portion or feature of the Site, or any other systems or networks connected to the Site or to any Better Benefits server, or to any of the services offered on or through the Site, by hacking, password "mining" or any other illegitimate means.

You may not probe, scan or test the vulnerability of the Site or any network connected to the Site, nor breach the security or authentication measures on the Site or any network connected to the Site. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to the Site, or any other customer of Better Benefits, including any Better Benefits account not owned by you, to its source, or exploit the Site or any service or information made available or offered by or through the Site, in any manner calculated, intended or likely to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Site.

You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site or Better Benefits' systems or networks, or any systems or networks connected to the Site or to Better Benefits.

You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any transaction being conducted on the Site, or with any other person's use of the Site.

You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to Better Benefits on or through the Site or any service offered on or through the Site. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.

You may not use the Site or any Content for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of Better Benefits or others.

Purchases; Other Terms and Conditions

Additional terms and conditions may apply to purchases of goods or services and to specific portions or features of the Site, including contests, promotions or other similar features, all of which terms are made a part of these Terms of Use by this reference. You agree to abide by such other terms and conditions, including where applicable representing that you are of sufficient legal age to use or participate in such service or feature. If there is a conflict between these Terms of Use and the terms posted for or applicable to a specific portion of the Site or for any service offered on or through the Site, the latter terms shall control with respect to your use of that portion of the Site or the specific service.

Better Benefits' obligations, if any, with regard to its products and services are governed solely by the agreements pursuant to which they are provided, and nothing on this Site should be construed to alter such agreements.

Better Benefits may make changes to any products or services offered on the Site, or to the applicable prices for any such products or services, at any time, without notice. The materials on the Site with respect to products and services may be out of date, and Better Benefits makes no commitment to update the materials on the Site with respect to such products and services.

Subscription Agreement - Charges and Fees for Memberships (Applies only if you purchase your membership on the Better Benefits site)

As a subscriber you agree as follows:

You agree to pay, using a valid credit card (or other form of payment which we may accept from time to time), the fixed and periodic charges and fees (including prepayment plan fees for multiple periods) set forth on this Website (such as the recurring Periodic Fee), applicable taxes, and other charges and fees incurred in order to access our Services. We reserve the right to increase charges and fees, or to institute new charges or fees at any time, upon reasonable advance notice communicated to you through a posting on this Website or such other means as we may deem appropriate from time to time (including electronic mail or conventional mail). We will automatically charge your credit card or other account on the date you subscribe and at the start of each renewal period, unless you terminate or cancel your subscription before the relevant renewal period begins.

For purposes of your use of our Services including identification and billing, you agree to provide us with true, accurate and complete information as required by the subscription or sign up process to our Services ("Subscription Data"), including your legal name, address, telephone number, email address and applicable billing information (e.g., credit card number and expiration date), and to allow us to share your Subscription Data with third parties for the purpose of verifying the information you provide and billing your credit card or otherwise charging your account. You agree to maintain and promptly update the Subscription Data and any other information you provide to us to keep it accurate.

Refund Policy

You agree that all fees and charges assessed by us are nonrefundable. Nonrefundable fees include the full Monthly Fee and/or enrollment fee.

Subscription Renewal (Applies only if you purchase your membership on the Better Benefits site)

Your subscription renewal is automatic for the same monthly or multiple- month period for which you originally subscribed. The renewal membership fee will be the renewal price offered on the effective date of your renewal for the same time period. Your renewal begins on the same date of the month that you originally subscribed. In the event that your subscription date does not exist in your renewal month (i.e. the 31st of the month), your subscription date becomes the last date of the renewal month.

Cancellation of Subscription Renewal

You may cancel your subscription renewal to our Services at any time before the renewal date.

You can cancel your next subscription renewal in one of three ways: 1) on the bettermybenefits.com website and once logged in go to "My Account" and check the "Cancel Subscription" button, 2) send us an e-mail at Support@bettermybenefits.com or 3) call us at 800-301-5830.

Accounts, Passwords and Security

Certain features or services offered on or through the Site may require you to open an account (including setting up a Better Benefits ID with email and password and profile name for ask & answer participation). You are solely responsible for maintaining the confidentiality of your account information, including your password, and for any and all activity that occurs under or associated with your account. You agree to notify Better Benefits immediately of any unauthorized use of your account or password, or any other breach of security. However, you may be held liable for losses incurred by Better Benefits or any other user of or visitor to the Site resulting from another's use of your Better Benefits ID, password or account.

You may not use anyone else's Better Benefits ID, password or account at any time without the express permission and consent of the holder of that Better Benefits ID, password or account. Better Benefits cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations.

Privacy

Better Benefits's Privacy Policy applies to use of this Site, and its terms are made a part of these Terms of Use by this reference. To view Better Benefits's Privacy Policy, click here. Additionally, by using the Site, you acknowledge and agree that Internet transmissions are never completely private or secure. You understand that any message or information you send to the Site may be read or intercepted by others, even if there is a special notice that a particular transmission (for example, credit card information) is encrypted.

Links to Other Sites and to Better Benefits's Site

This Site may contain links to other independent third-party Web sites ("Linked Sites"). These Linked Sites are provided solely as a convenience to our visitors. Such Linked Sites are not under Better Benefits's control, and Better Benefits is not responsible for and does not endorse the content of such Linked Sites, including any information or materials contained on such Linked Sites. You will need to make your own independent judgment regarding your interaction with these Linked Sites.

Disclaimers

BETTER BENEFITS DOES NOT PROMISE THAT THE SITE OR ANY CONTENT, SERVICE OR FEATURE OF THE SITE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE SITE WILL PROVIDE SPECIFIC RESULTS. THE SITE AND ITS CONTENT ARE DELIVERED ON AN "AS-IS" AND "AS-AVAILABLE" BASIS. ALL INFORMATION PROVIDED ON THE SITE IS SUBJECT TO CHANGE WITHOUT NOTICE. BETTER BENEFITS CANNOT ENSURE THAT ANY FILES OR OTHER DATA YOU DOWNLOAD FROM THE SITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. BETTER BENEFITS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. BETTER BENEFITS DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SITE AND/OR ANY BETTER BENEFITS SERVICES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SITE AND ANY LINKED SITES. YOUR SOLE REMEDY AGAINST BETTER BENEFITS FOR DISSATISFACTION WITH THE SITE OR ANY CONTENT IS TO STOP USING THE SITE OR ANY SUCH CONTENT. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES.

The above disclaimer applies to any damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action.

Better Benefits reserves the right to do any of the following, at any time, without notice: (1) to modify, suspend or terminate operation of or access to the Site, or any portion of the Site, for any reason; (2) to modify or change the Site, or any portion of the Site, and any applicable policies or terms; and (3) to interrupt the operation of the Site, or any portion of the Site, as necessary to perform routine or non-routine maintenance, error correction, or other changes.

Limitation of Liability

Except where prohibited by law, in no event will Better Benefits be liable to you for any indirect, consequential, exemplary, incidental or punitive damages, including lost profits, even if Better Benefits has been advised of the possibility of such damages.

If, notwithstanding the other provisions of these Terms of Use, Better Benefits is found to be liable to you for any damage or loss which arises out of or is in any way connected with your use of the Site or any Content, Better Benefits's liability shall in no event exceed the greater of (1) the total of any subscription or similar fees with respect to any service or feature of or on the Site paid in the six months prior to the date of the initial claim made against Better Benefits, or (2) US$50.00. Some jurisdictions do not allow limitations of liability, so the foregoing limitation may not apply to you.

Indemnity

You agree to indemnify and hold Better Benefits, its officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries and affiliates, harmless from any demands, loss, liability, claims or expenses (including attorneys' fees), made against Better Benefits by any third party due to or arising out of or in connection with your use of the Site.

Violation of These Terms of Use

Better Benefits may disclose any information we have about you (including your identity) if we determine that such disclosure is necessary in connection with any investigation or complaint regarding your use of the Site, or to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) Better Benefits's rights or property, or the rights or property of visitors to or users of the Site, including Better Benefits's customers. Better Benefits reserves the right at all times to disclose any information that Better Benefits deems necessary to comply with any applicable law, regulation, legal process or governmental request. Better Benefits also may disclose your information when Better Benefits determines that applicable law requires or permits such disclosure, including exchanging information with other companies and organizations for fraud protection purposes.

You acknowledge and agree that Better Benefits may preserve any transmittal or communication by you with Better Benefits through the Site or any service offered on or through the Site, and may also disclose such data if required to do so by law or Better Benefits determines that such preservation or disclosure is reasonably necessary to (1) comply with legal process, (2) enforce these Terms of Use, (3) respond to claims that any such data violates the rights of others, or (4) protect the rights, property or personal safety of Better Benefits, its employees, users of or visitors to the Site, and the public.

You agree that Better Benefits may, in its sole discretion and without prior notice, terminate your access to the Site and/or block your future access to the Site if we determine that you have violated these Terms of Use or other agreements or guidelines which may be associated with your use of the Site. You also agree that any violation by you of these Terms of Use will constitute an unlawful and unfair business practice, and will cause irreparable harm to Better Benefits, for which monetary damages would be inadequate, and you consent to Better Benefits obtaining any injunctive or equitable relief that Better Benefits deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies Better Benefits may have at law or in equity.

You agree that Better Benefits may, in its sole discretion and without prior notice, terminate your access to the Site, for cause, which includes (but is not limited to) (1) requests by law enforcement or other government agencies, (2) a request by you (self-initiated account deletions), (3) discontinuance or material modification of the Site or any service offered on or through the Site, or (4) unexpected technical issues or problems.

If Better Benefits does take any legal action against you as a result of your violation of these Terms of Use, Better Benefits will be entitled to recover from you, and you agree to pay, all reasonable attorneys' fees and costs of such action, in addition to any other relief granted to Better Benefits. You agree that Better Benefits will not be liable to you or to any third party for termination of your access to the Site as a result of any violation of these Terms of Use.

Governing Law; Dispute Resolution

You agree that all matters relating to your access to or use of the Site, including all disputes, will be governed by the laws of the United States and by the laws of the State of California without regard to its conflicts of laws provisions. You agree to the exercise of personal jurisdiction by and venue in the state and federal courts in San Diego, California, and waive any objection to such jurisdiction or venue. Any claim under these Terms of Use must be brought within one (1) year after the cause of action arises, or such claim or cause of action is barred. No recovery may be sought or received for damages other than out-of-pocket expenses, except that the prevailing party will be entitled to costs and attorneys' fees. In the event of any controversy or dispute between Better Benefits and you arising out of or in connection with your use of the Site, the parties shall attempt, promptly and in good faith, to resolve any such dispute. If we are unable to resolve any such dispute within a reasonable time (not to exceed thirty (30) days), then either party may submit such controversy or dispute to mediation. If the dispute cannot be resolved through mediation, then the parties shall be free to pursue any right or remedy available to them under applicable law.

Void Where Prohibited

Better Benefits administers and operates the www.bettermybenefits.com Site from its location in San Diego, California USA. Although the Site is accessible worldwide, not all features, products or services discussed, referenced, provided or offered through or on the Site are available to all persons or in all geographic locations, or appropriate or available for use outside the United States. Better Benefits reserves the right to limit, in its sole discretion, the provision and quantity of any feature, product or service to any person or geographic area. Any offer for any feature, product or service made on the Site is void where prohibited. If you choose to access the Site from outside the United States, you do so on your own initiative and you are solely responsible for complying with applicable local laws.

Miscellaneous

You may not use or export or re-export any Content or any copy or adaptation of such Content, or any product or service offered on the Site, in violation of any applicable laws or regulations, including without limitation United States export laws and regulations.

If any of the provisions of these Terms of Use are held by a court or other tribunal of competent jurisdiction to be void or unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of these Terms of Use, so that these Terms of Use shall remain in full force and effect. These Terms of Use constitute the entire agreement between you and Better Benefits with regard to your use of the Site, and any and all other written or oral agreements or understandings previously existing between you and Better Benefits with respect to such use are hereby superseded and cancelled. Better Benefits will not accept any counter-offers to these Terms of Use, and all such offers are hereby categorically rejected. Better Benefits' failure to insist on or enforce strict performance of these Terms of Use shall not be construed as a waiver by Better Benefits of any provision or any right it has to enforce these Terms of Use, nor shall any course of conduct between Better Benefits and you or any other party be deemed to modify any provision of these Terms of Use. These Terms of Use shall not be interpreted or construed to confer any rights or remedies on any third parties.

Feedback and Information

Any feedback you provide at this site shall be deemed to be non-confidential. Better Benefits shall be free to use such information on an unrestricted basis.

The information contained in this web site is subject to change without notice.