TERMS OF SERVICE
Welcome to www.discoverybenefits.com. This site (this "Site" including all material and contents appearing on the site) is comprised of various Web pages owned and operated by Discovery Benefits, and its vendors for your personal information and use. Your submission of information to and access and use of this Site is subject to the terms and conditions of the terms of service set forth below (the "Terms of Service" or “Terms”). By submitting information to and/or accessing and browsing this Site you accept and agree to abide by, without limitation or qualification, the Terms of Service. If you do not agree to be bound by the Terms of Service, you may not use this Site. These Terms of Services are in addition to any other agreement that may exist between yourself and Discovery Benefits. “Discovery Benefits,” “us,” or similar terms means Discovery Benefits, Inc., its affiliates and any successor entities. “You” and similar terms means you, the person accessing this Site as well as any other person or entity who has or may obtain rights through you as well as any person on whose behalf you are using this Site.
BY ENTERING THIS SITE, YOU AGREE TO BE BOUND BY ALL OF THE TERMS OF SERVICE. THIS SITE IS OWNED, CONTROLLED AND OPERATED BY DISCOVERY BENEFITS, INC., 4321 20TH AVENUE S., FARGO, ND 58103. DISCOVERY BENEFITS RESERVES THE RIGHT, IN ITS SOLE DISCRETION, TO MODIFY, ALTER OR OTHERWISE UPDATE THE TERMS OF SERVICE AT ANY TIME AND, BY ENTERING THIS SITE, YOU AGREE TO BE BOUND BY SUCH MODIFICATIONS, ALTERATIONS OR UPDATES AS WELL.
All of the material on this Site, whether graphical, textual, audio, video, computer code, or software, or a combination thereof, are protected by copyrights which are owned and controlled by Discovery Benefits or by third parties that have licensed their material to Discovery Benefits and may not be copied, modified, reproduced, republished, posted, transmitted or distributed in any way without the express written permission from Discovery Benefits, although you may make a single copy for your personal use. All contents of the Site are copyrighted under: Copyright © 2010-2015 Discovery Benefits. All Rights Reserved.
3. License and Site Access.
Discovery Benefits grants you a personal, nontransferable, nonexclusive, revocable, limited, license to access and make personal use of this Site for the purpose of benefit education and administration and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of Discovery Benefits. This license does not include any resale, assignment, or commercial use of this Site or its contents; any collection and use of any product or service 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 service provider, 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 the express prior written consent of Discovery Benefits. 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 Discovery Benefits and our affiliates without express prior written consent. You may not use any meta-tags or any other "hidden text" utilizing Discovery Benefits' name or trademarks without the express written consent of Discovery Benefits. Any unauthorized use terminates the permission or license granted by Discovery Benefits. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of Discovery Benefits so long as the link does not portray Discovery Benefits, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any Discovery Benefits logo or other proprietary graphic or trademark as part of the link without express written permission. In addition to any and all other rights or claims Discovery Benefits may have, a breach of this license constitutes a breach of Discovery Benefits’ copyright and other intellectual property rights.
4. Submission of Information; Restrictions on Use.
5. Discovery Benefits may monitor your content from time to time.
Discovery Benefits may, but has no obligation to, monitor content on the Services. We may disclose any information necessary or appropriate to satisfy our legal obligations, protect Discovery Benefits or its customers, or operate the Services properly. Discovery Benefits, in its sole discretion, may refuse to post, remove, or refuse to remove, any Content, in whole or in part, alleged to be unacceptable, undesirable, inappropriate, or in violation of this Agreement.
6. Communications choices.
Discovery Benefits may be required by law to send you communications about the Services or Third Party Products. You agree that Discovery Benefits may send these communications to you via email or by posting them on one of our sponsored websites, such as discoverybenefits.com. You also consent and agree that Discovery Benefits may contact you by any other method or contact information you supply to Discovery Benefits including any telephone, cell, text, social media or other method or account.
7. Use of Information.
This Site contains information, which may be derived in whole or in part from materials and information supplied by other sources. Discovery Benefits makes no representation or warranty, express or implied, and assumes no responsibility or legal liability for the accuracy, completeness, timeliness or quality of any information contained in this Site, which is subject to deletion, addition and change at any time without notice from Discovery Benefits. Discovery Benefits does not ensure the accuracy, endorse or recommend any information and your use of any such information is at your own risk. The information contained on this Site cannot be considered complete and Discovery Benefits undertakes no commitment to update the information contained on this Site within a particular period of time. It is the responsibility of each user of any portion of the Site to ascertain the accuracy of any information before entering into any commitment (financial or otherwise) or undertaking any course of action based upon the information contained in this Site.
8. Discovery Benefits may freely use feedback you provide.
You agree that Discovery Benefits may use your feedback, suggestions, or ideas in any way, including in future modifications of the Services, other products or services, advertising or marketing materials. You grant Discovery Benefits a perpetual, worldwide, fully transferable, sublicensable, non-revocable, fully paid-up, royalty free license to use the feedback you provide to Discovery Benefits in any way.
9. Discovery Benefits does not give professional advice.
Discovery Benefits is not in the business of providing legal, financial, accounting, health care or other professional services or advice. Consult the services of a competent professional when you need this type of assistance.
10. You will track your passwords and accept updates.
You are responsible for securely managing your password(s) for access to the Services. If you become aware of any unauthorized access to your Services account, theft or loss of your password, you agree to contact Discovery Benefits as soon as possible. The Services may periodically be updated with tools, utilities, improvements, third party applications, or general updates to improve and enhance the features and performance of the Services. You agree to receive these updates automatically as part of the Services.
11. Disclaimer of Warranties.
ALL OF THE INFORMATION, SERVICES AND MATERIALS ON THIS SITE ARE PROVIDED "AS IS" AND AS-AVAILABLE BASIS AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. NO INFORMATION, ADVICE, OR GUIDANCE, WHETHER ORAL OR WRITTEN, RECEIVED BY YOU FROM CREATIVE BENEFITS OR THIS SITE SHALL CREATE ANY WARRANTY.
12. Limitation of Liability.
IN NO EVENT SHALL DISCOVERY BENEFITS (INCLUDING FOR THE PURPOSES OF THIS SECTION ITS AFFILIATES, VENDORS AND LICENSORS AND ALL OF DISCOVERY BENEFITS AND THEIR OWNERS, OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS) BE LIABLE TO ANY PERSON OR ENTITY, INCLUDING, WITHOUT LIMITATION, PERSONS OR ENTITIES WHO MAY SUBMIT INFORMATION TERMS OF SERVICE TO, USE OR RELY ON THIS SITE OR TO WHOM ANY INFORMATION ON THIS SITE MAY BE FURNISHED, FOR ANY LOSS OR DAMAGE OF ANY KIND OR CHARACTER WHATSOEVER, WHETHER DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, PUNITIVE OR OTHERWISE, ARISING OUT OF, BASED UPON OR RESULTING FROM ANY USE OF OR RELIANCE ON THIS SITE OR ANY INFORMATION OR OPINIONS CONTAINED HEREIN, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE. YOU ACCEPT AND AGREE THAT THE FOREGOING LIMITATION IS A FAIR AND APPROPRIATE BASIS OF THE BARGAIN AND THAT DISCOVERY BENEFITS WOULD NOT PROVIDE THE SITE TO YOU IF YOU DID NOT AGREE WITH THE TERMS OF THIS AGREEMENT. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE FOREGOING LIMITATION MAY NOT APPLY TO YOU. FURTHER, DISCOVERY BENEFITS SHALL NOT BE IN ANY WAY RESPONSIBLE FOR THE CONDUCT OR OMISSIONS OF THIRD PARTIES THAT HAVE POSTED INFORMATION ON THIS SITE OR FOR ANY INFORMATION POSTED ON THIS SITE BY SUCH PARTIES.
13. Third Party Sites.
As a convenience to users, Discovery Benefits may provide links on the Site to Web sites maintained by others. Discovery Benefits has not reviewed such sites and is not responsible for the contents or availability of such sites or for products or services offered on such sites. Discovery Benefits shall not be responsible or liable, directly or indirectly, for any damage or loss caused or claimed to have been caused by use of any such sites or the content, goods, services, or advertisements contained on or available via such sites. Links have been provided for your convenience and the inclusion of any link does not imply endorsement by Discovery Benefits of the site or any association with the site's owners or operators.
14. Privacy and Security.
While we take certain measures designed to protect the confidentiality of your information, due to the nature of the Internet we cannot and do not guarantee that all information will remain secure. Under certain circumstances, it is possible that third parties may be able to intrude on the server or take other actions and view your information. By submitting information to the Site, you agree that you are aware of these risks. If you do not wish to submit your information electronically, do not do so, however in such case you may not be able to make use of the full functionality of this Site. You agree that Discovery Benefits (including its affiliates, vendors, licensors and of Discovery Benefits’ and their owners, officers, directors, employees and agents) is not responsible for any consequence of illegal or unauthorized acts by third parties, including but not limited to hacking or similar crimes.
You agree to indemnify, defend and hold Discovery Benefits (including its affiliates, vendors, licensors and of Discovery Benefits’ and their owners, officers, directors, employees and agents) harmless from and against any and all third party claims, liabilities, costs, or expenses, including reasonable attorneys' fees, arising out of or resulting from (a) Your breach of any provision of these Terms of Service, (b) Your acts, omissions, negligence or willful misconduct, or (c) a claim that information submitted to this Site infringes the intellectual property or proprietary rights of a third party.
This Site is controlled and operated by Discovery Benefits from its offices within the State of North Dakota, United States of America. Discovery Benefits makes no representation that the materials on this Site are appropriate or available for use in other locations. Those who choose to access this Site from other locations do so on their own initiative and at their own risk and are responsible for compliance with local laws, if and to the extent applicable. These Terms of Service shall be governed by and construed and enforced in accordance with the laws of the State of North Dakota, without regard to conflicts of law, as they are applied to agreements entered into and to be performed entirely within the State of North Dakota. Any action you, any third party, or Discovery Benefits brings to enforce these Terms of Service or in connection with any matters relating to this Site shall be brought only in either the state or federal courts located in Cass County, North Dakota, and you expressly consent to the jurisdiction of said courts. If any provision of these Terms of Service shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Service and shall not affect the validity and enforceability of any remaining provisions. These Terms of Service constitute the entire agreement and understanding between you and Discovery Benefits (other than any separate you may have signed with Discovery Benefits and which other agreement will continue according to its terms) and supersede any prior or contemporaneous agreements or understandings, whether written or oral, relating to the matters contained herein. You may not assign any right or interest under these Terms; Discovery Benefits may assign its rights and obligations. If any of the provisions of these Terms are held unenforceable by a court or other tribunal of competent jurisdiction, then those provisions shall be limited or eliminated to the minimum extent necessary to allow the remainder of these Terms to retain its full force and effect.
17. CHANGES TO THIS AGREEMENT OR THE SERVICES.
We may change this Agreement from time to time, and the changes will be effective when posted on our website for the Services or when we notify you by other means. Please review the Agreement periodically on this website for changes. We have the right to change any of the terms of this Agreement upon reasonable notice to you. We may also change or discontinue the Services, in whole or in part, including but not limited to, the Internet based services, pricing, technical support options, and other product related policies. Your continued use of the Services after Discovery Benefits posts or otherwise notifies you of any changes indicate your agreement to the changes.
18. Term and Termination.
These Terms of Service are effective until terminated by either you or Discovery Benefits. You may terminate the Terms of Service at any time by discontinuing your use of this Site and destroying all materials obtained from it. The provisions contained under the headings Copyrights, Trademarks, Disclaimer of Warranties, Limitation of Liability, Indemnification and General shall survive any such termination.
Discovery Benefits, Inc.
4321 20th Avenue S.
Fargo, ND 58103