Benevolve Terms of use

You understand that except for information on our services clearly indicating as being provided by Benevolve, we do not endorse, control and operate any information, products or services on the Site in anyway in relation to major life events - financial, legal, tax or insurance concerns. Please consult with your financial, investment, legal, insurance or tax advisor regarding the applicability of such content to you and its impact on your business and life. Upon any dispute with an entity, individual, or regulatory agency, you must address it directly with that person or entity. Unless otherwise prohibited by applicable law in a particular territory whether local, national or international, you release Benevolve from and waive any and all claims, demands, and causes of action of every kind and nature, known and unknown, which exist or hereafter arise against Benevolve related in any way to your reliance on Site content.

You also understand that Benevolve cannot and does not guarantee or warrant that files available for download through the Site will be free of viruses, worms or other code that may be damaging. You are responsible for implementing procedures to satisfy Your particular requirements of Internet security and for accuracy of data input and output.

We grant you a limited, revocable license to access and use the Site, subject to the Terms. We may revoke your license to access and/or use the Site, at any time and for any reason without advance notice to you. Further, you may not access or use, or attempt to access or use the Site to take any action that could harm us or a third party. You may not access any services on the Site to which you are not authorized. You may not attempt to circumvent any restriction or condition imposed on your use or access or do anything that could disable or damage the functioning or appearance of the Site or Benevolve Solution, including the presentation or display of advertising.

To use certain portions of the Site including but not limited to the use of Benevolve Solutions , you may need to register through the Site with our assistance, and your employer should have an existing relationship with Benevolve (the "User Account").

By opening an Account, you have a limited license to use the Site, including the limited right to view, bookmark, download, and print, for your non-commercial, personal use, and information only, those pages of the Site that interest you, subject to any other terms and conditions of use in these Terms or on the Site.

User Accounts made on the Benevolve Solution may not be transferred, sold, or used by any other party without the express permission of Benevolve. You agree that any information you provide to Benevolve, whether through the Account registration process or otherwise, including, without limitation, passwords, usernames, login ID's, or Client Information will be true, accurate, current, and complete. You agree to provide Benevolve with any information reasonably requested by Benevolve related to the provision of the services and necessary for administration of the Account.

You are solely responsible for all transactions and transmissions that occur through the use of your User Account and it is your responsibility to maintain and promptly update your employee Information. It is also your responsibility to maintain the confidentiality of information associated with your Account. You agree that Benevolve is not liable to you or any third party for damages or losses related to the accuracy or disclosure to Benevolve of information related to your Account. Further, you will be responsible for all usage and activity on your Account, including use of the account by any third party authorized by you to use your login credentials, and for all charges for any services. You are also responsible for all statements made or materials posted under your Account, including liability for harm caused by such statements or materials.

You agree that, while using the Site and any services and features offered on or through them, you may not:

(a) violate the Terms;

(b)impersonate any person or entity or misrepresent your affiliation with any other person or entity;

(c)infringe our or any third party’s intellectual property rights, rights of publicity or privacy;

(d) attempt to reverse engineer or to gain unauthorized access to Benevolve or other computer systems (including, without limitation, browsers, spiders, robots, avatars, or intelligent agents) through the Site. You shall not obtain or attempt to obtain lists of users or other information from or through the Site, and you shall not use the Site in violation of any applicable law whether local, national or international, ordinance or regulation. Engage in unauthorized “scraping” or spidering, or harvesting of personal information, or use any unauthorized automated means to compile information;

(e) upload, e-mail or otherwise transmit to Benevolve or through the Site or any computer network any of the following: a sexually-explicit image or statement; advertising, promotional, or other unauthorized communication, including without limitation, “junk mail,” surveys, unsolicited e-mail, “spam,” “chain letters,” “pyramid schemes,” or other inappropriate or prohibited materials; and any material that contains viruses, Trojan horses, worms, time bombs, cancelbots, easter eggs, or any other computer code, files or programs that might interrupt, limit or interfere with, damage, surreptitiously intercept or expropriate any system, data or information related to the Site or any computer software, hardware or communications equipment that is owned, leased or used by Benevolve;

(f) take any action that imposes an unreasonable or disproportionately large load on our network or infrastructure;

(g) use any device, software, or routine to interfere or attempt to interfere with the proper working of the Site or any activity conducted on the Site;

(h) bypass measures used by Benevolve to prevent or restrict access to the Site, violate or attempt to violate the security or authentication measures of the system, or attempt to prove, scan, or test the vulnerability of a system or network without proper written authorization from Benevolve ; or

(i) take any action that violates or threatens our system or network security.

(j) provide false, inaccurate or misleading information;

(k)take any action that may cause Benevolve to lose any of Services from its service providers or business partners, or other suppliers;

Violations of these Terms may result in liability - civil or criminal and we may investigate these violations and work with law enforcement authorities to prosecute users who violate the Terms. We are not responsible to monitor your use of the Site or to determine if such use violates any applicable local, state, national, or international law, ordinance or regulation. Please govern your use accordingly

Benevolve may from time to time carry out maintenance and upkeep to the Site and Benevolve Solutions, and therefore the Services may be unavailable for periods of time. Benevolve shall endeavour to make keep maintenance down time as brief as possible. However, we cannot guarantee that the Services will be available to you, and we will not be liable to you for any losses or damages, pecuniary or non-pecuniary, resulting from the interruption of your use of the services.

The information available on or through this Site is the property of Benevolve or its licensors, and is protected by copyright, trademark, and other intellectual property laws. Users may not modify, copy, distribute, transmit, display, publish, sell, license, create derivative works or otherwise use any information available on or through this Site for commercial or public purposes.

Benevolve, or its Licensors own, all rights, title and interest in and to the Site, including the product names, company names, trade names, logos, service marks, slogans, all of the content, code, data and materials (whether or not appearing with the trademark or copyright symbol), user interface design (e.g., logos and button icons, images, graphics, text), as well as the look, feel and design of the Site, including but not limited to any copyrights, trademarks and service marks, patent rights, database rights, moral rights, sui generis rights and other intellectual property and proprietary rights therein. Your use of the Site do not grant to you any ownership or rights to or in any of that content, code, data or other materials. The use or misuse of these trademarks or any materials is expressly prohibited, and nothing stated or implied on the Website confers on you any license or right under any copyright, patent or trademark of Benevolve licensors, or any third party.

Confidentiality.

“Confidential Information” means any business and technical information disclosed by one party (“Disclosing Party”) to the other party (“Receiving Party”) that is identified as confidential or proprietary, or which should reasonably be understood to be confidential or proprietary. Confidential Information does not include information which Receiving Party can show (a) is or has become publicly available without its breach of this Policy; (b) was in its possession prior to disclosure, (c) was provided by a third party having a lawful right to make the disclosure; or (d) is required to be disclosed by law or a court order (“Order”), provided the Receiving Party provides prompt written notice of the requirement and cooperates with Disclosing Party as reasonably necessary to limit or eliminate such requirement, if and to the extent permitted by such Order. Receiving Party will not use the Confidential Information of the Disclosing Party except for performance of its obligations under this Policy. The Terms, including without limitation any pricing terms hereof, shall be deemed the Confidential Information of Benevolve. All information added by a User to Benevolve Solution or any other service provided by Benevolve shall be deemed to be Confidential Information of the User, provided however, that Benevolve may use any data received from the User for its own internal purposes, such as, without limitation, the general improvement of its services or in order to recommend its services to third parties.

You acknowledge and agree that Benevolve may collect and process your Personal Data in connection with your receipt of the Services. Benevolve shall process such Personal Data in accordance with applicable law in a certain territory local, national or international.

For more details and information, please read the terms and conditions under our Privacy Policy.

You agree to defend, indemnify and hold Benevolve and their respective investors, officers, directors, employees, agents, licensors, successors, and assigns (collectively the "Indemnified Parties") harmless from and against any and all costs, expenses, damages or losses, including, without limitation, reasonable attorney’s fees arising out of, relating to, in connection with or resulting from, any claim, demand, charge, action, cause of action or proceeding arising in any way from your use of the Site. Benevolve reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify Benevolve, including rights to settle, and you agree to cooperate with Benevolve’s defense and settlement of these claims. Benevolve will use reasonable efforts to notify you of any claim, action, or proceeding brought by a third party that is subject to the foregoing indemnification upon becoming aware of it. This paragraph shall survive termination of this Terms.

The Site is provided on an "as is," "as available," basis without warranty of any kind, either express or implied, including, without limitation, any warranties of title, non-infringement, merchantability or fitness for a particular purpose and any warranty for information, data, data processing services, uptime or uninterrupted access, any warranties concerning the availability, , accuracy, precision, correctness, thoroughness, completeness, usefulness, or content of information. We hereby disclaim any and all such warranties, express and implied. We do not warrant that the site, will be secure, provided uninterrupted or error free, or that defects will be corrected.

In the absence of a relationship governed by a separate agreement you may have with Benevolve the following limitation shall apply:

In no event shall the indemnified parties be liable for any direct, indirect, special, incidental, consequential, exemplary or punitive damages arising from, or directly or indirectly related to, the use of, or the inability to use, the site, even if any of the indemnified parties has been advised of the possibility of such damages. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages so some of the above limitations may not apply to certain users. In no event shall the indemnified parties be liable for or in connection with any content posted, transmitted, exchanged or received by or on behalf of any user or other person on or through the site, apps or social media. In no event shall the total aggregate liability of the indemnified parties for all damages, losses, and causes of action (whether in contract or tort, including, but not limited to, negligence or otherwise) related to your use of the site exceed, the greater of the amount, if any, paid by you to us for your use of the site and one thousand dollars.

These Terms and the relationship between you and us shall be governed by and construed according to the laws of the State of Seattle, Washington, excluding its conflict of laws rules, regardless of where any action may be brought. You agree to submit to the exclusive jurisdiction of the state and federal courts of the state of Seattle. We operate the Site from our locations in the United States of America .

We may terminate, change, suspend or discontinue any aspect of the Site services at any time including the access to the User Account. We may restrict, suspend or terminate your access if we believe you are in breach of these Terms or applicable law whether local, national or international, or for any other reason in our sole discretion without advance notice or liability. In case of access to User Account, upon termination for any reason, you agree to immediately stop using the Benevolve Solution.

We reserve the right, at our sole discretion, to change, modify, add or remove any portion of the Terms or other policies that govern use of the Site or the User Account, in whole or in part, at any time at its discretion, for any reason, without notice, including the right to terminate the Site, or any part of the Site. Changes in the Terms will be effective when posted. Your continued use of the Site after any changes to the Terms are posted will be considered acceptance of those changes.

If you have another relationship with Benevolve, that relationship is governed by the agreement specific to that particular relationship. The terms of these other agreements are not altered nor are any protections diminished by these Terms or by any content on the Site. With regards to any matter not directly and explicitly addressed in these other agreements, however, these Terms shall dictate the protections and rights provided to Benevolve . Except as may be expressly provided in additional terms of use for specific areas of the Site or the above-referenced agreements, these Terms constitute the entire agreement between you and Benevolve with respect to the use of the Site.