TERMS & CONDITIONS OF USE

By using the website you are agreeing to be bound by these terms and conditions. If you register as a member of the website, we will ask you to give your express consent to these terms and conditions. You must be at least 18 years of age and resident and situated in the United States to use our website. By using our website and by agreeing to these terms and conditions you warrant and represent that you are at least 18 years of age and resident and situated in the United States.

We reserve the right in our sole discretion to change these Terms and Conditions at any time. Any changes will take effect on the date they are posted onto this site (see date above). You will be asked to read and accept the Terms and Conditions each time you use this site to ensure that you are familiar with the most current terms and conditions.

  • General. The Site is an Internet property of BenefitUp™ ("BenefitUp™," "we" or "us"). You agree to the following BenefitUp™ Site Terms and Conditions (“Terms and Conditions”) in their entirety, when you: (a) access or use the Site; and/or (b) register on the Site to receive the BenefitUp™ newsletter (the “Newsletter”) which features various products and/or services (collectively, the “Third Party Products”), as provided by BenefitUp™'™ third party advertising partners (“Third Party Advertisers”). The BenefitUp™ Privacy Policy (“Privacy Policy”) and any and all other applicable BenefitUp™ rules, policies and other supplemental terms and conditions and/or documents that may be published from time to time, are expressly incorporated herein by reference (collectively, the “Agreement”). You agree to the terms and conditions outlined in the Agreement with respect to your use of the Site and/or Newsletter. Please review the Agreement carefully. If you do not agree to the terms and conditions contained within the Agreement in its entirety, you are not authorized to use the Site and/or Newsletter in any manner or form whatsoever

    • The website provides information and comparison services in relation to consumer products and services. We do not charge for this service. Instead, we may receive fees from suppliers of products and services.
    • We reserve the right to change, modify, replace or remove any information or service provided by the website without notice as we see fit.
    • Access to certain areas of and functionality on our website is restricted to registered users. We reserve the right to restrict access to other areas of our website, or indeed our whole website, at our discretion.
    • If you register with us, you will choose or be allocated a user ID and password to access your account on the website. You must keep your password confidential. We may disable your account at any time in our sole discretion without notice or explanation.
  • Description of Newsletter and Registration. The Site provides users with an opportunity to apply to receive the Newsletter, which may include referrals to various additional Third Party Advertisers. To register for the Newsletter, users must submit their First Name and E-mail address at the Site. Upon submission, the Site will send users a confirmation or otherwise known as a welcome e-mail that will contain a confirmation link. In order to complete the registration process, users must activate the confirmation link. The Newsletter provides users with the opportunity to apply for various Third Party Products, as well as information and quotes associated with such Third Party Products, all as offered by BenefitUp™ Third Party Advertisers. Please be advised that BenefitUp™ does not itself provide the Third Party Products, or any other comparable products and/or services, and the ultimate terms and conditions of any product or service featured in the Newsletter will be determined by the applicable Third Party Advertiser(s).

    Any information that you supply to any Third Party Advertiser shall be governed by that Third Party Advertiser's privacy policy. Third Party Product application approval, and the ultimate terms and conditions of any product or service provided by any Third Party Advertiser(s), will be determined by those Third Party Advertisers.

    Unless explicitly stated otherwise, any future offer(s) made available to you through the Site that augment(s) or otherwise enhance(s) the current features of the Site shall be subject to the Agreement. You understand and agree that BenefitUp™ is not responsible or liable in any manner whatsoever for your use of, or inability to use and/or qualify for, any Third Party Products or other Third Party Advertiser sponsored products and/or services, or for any dispute between you and any Third Party Advertisers. You understand and agree that BenefitUp™ shall not be liable to you or any third party for any modification, suspension or discontinuation of any Third Party Product or other product, service or promotion offered by any Third Party Advertisers. If BenefitUp™ terminates the Agreement for any reason; BenefitUp™ shall have no liability or responsibility to you. You understand and agree that refusal to use the Site is your sole right and remedy with respect to any dispute with BenefitUp™ The Agreement only governs your use of the Site.

  • Financial Disclaimer. The website provides information and comparison services in relation to particular products and services, including financial services. The website does not provide financial advice, advice concerning particular investments, does not provide loans or investment decisions, or tax or legal advice. Nor do we recommend particular products or services. You should seek professional financial advice in connection with, or independently research and verify, any information that you find on our website and wish to rely upon, whether for the purpose of making an investment decision, a purchase or otherwise.

    The Company exclusively provides the service of obtaining information from YOU and auto directing YOU to Third Parties. Those Third Parties may then contact YOU with information pertaining to a loan, credit card or other advertised service if that is requested. Please note that such information should not be used by YOU as the sole basis for YOUR loan decision. It is YOUR responsibility to ensure that any loan or offer made available by a Third Party, meets YOUR particular needs. Please seek the advice of an appropriate professional regarding the assessment of the loan information provided as a consequence of YOUR registration on the Site.

  • Our Content. The content, design, software, databases, text, graphics and all other material on the website is owned by us or our licensors and protected by copyright. The copying redistributing, publication or sale by you and any part of the Site and/or Newsletter is strictly prohibited.

    You may use the website for your own individual, non-commercial use. You may use the Site and Newsletter for your own personal, non-commercial use. No part of the Site and/or Newsletter may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical. You may not use, copy, emulate, clone, rent, lease, sell, modify, decompile, disassemble, reverse engineer or transfer the Site, Newsletter Site content or any portion thereof. BenefitUp™ reserves any rights not explicitly granted in the Agreement. Systematic retrieval of material from the Site and/or Newsletter by automated means or any other form of scraping or data extraction in order to create or compile, directly or indirectly, a collection, compilation, database or directory without written permission from BenefitUp™ is prohibited. You may not use any device, software or routine to interfere or attempt to interfere with the proper working of the Site and/or Newsletter. You may not take any action that imposes an unreasonable or disproportionately large load on BenefitUp™ infrastructure. Your right to use the Site and Newsletter is not transferable.

    We do not make any recommendation or endorsement as to any experts, investments or to any content submitted by third parties or linked to our website.

  • Your Content. You grant to us a worldwide royalty-free non-exclusive license to publish, store, copy, edit, distribute and otherwise use your content without restriction in any existing or future media. You also grant to us the right to sub-license these rights and to bring proceedings for the Infringement of any of these rights.

    You warrant and represent to us that your content (and its use in accordance with the license granted to us under these terms and conditions) will not be illegal or unlawful, will not infringe any third party's intellectual property rights or other legal rights, and will not be capable of giving rise to legal action whether against you or us or a third party (in each case in any jurisdiction and under any applicable law).

    Without prejudice to the generality of the preceding paragraph, you acknowledge and agree that: your content will not be (or be capable of being construed as being) libelous, harassing, abusive, threatening, defamatory, obscene or a personal attack; (ii) you will not use the website to promote any products, services or commercial websites (if you are interested in advertising please contact us directly - see our Contact Us); (iii) your content submitted for publication on the website must be in the English language; (iv) your content will respect the beliefs, opinions, lifestyle choices and feelings of others; (v) you will not impersonate another person, organization or entity - be it a member of the website or otherwise; (vi) you will not post identical or near identical content to the website multiple times; and (vii) you will refrain from posting intentionally misleading or untrue information.

    You must refrain from creating more than one website account and posting under more than one BenefitUp.com profile and alias.

    We do not endorse any opinions, recommendations or beliefs posted by experts or other third parties on the website.

    We reserve the right to edit and/or remove your content, and to exclude members and delete their accounts, without or without notice.

    You must not use our website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.

    We do not actively monitor posts submitted to the website so we rely on BenefitUp.com members to report abuse, spam and otherwise inappropriate posts. However, we reserve the right to review user content and to remove, delete or edit any user content in our sole discretion, and any decisions to remove, delete or edit such user content will be final.

    You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our website without our express written consent. You must not collect or store information from the website about our members or other individuals who use the website.

    You must not use our website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.

  • Editing, Deleting and Modification. We reserve the right in our sole discretion to edit and/or delete any documents, information or other content appearing on and/or via the site.

  • Indemnification. You agree to indemnify and hold BenefitUp™, its parents, subsidiaries and affiliates, and each of their respective members, officers, directors, employees, agents, co- branders and/or other partners, harmless from and against any and all claims, expenses (including reasonable attorneys' fees), damages, suits, costs, demands and/or judgments whatsoever, made by any third party due to or arising out of: (a) your use of the and/or Newsletter; (b) your breach of the Agreement; (c) any dispute between you and any Third Party Advertiser; and/or (d) your violation of any rights of another individual and/or entity. The provisions of this Section 7 are for the benefit of BenefitUp™, its parents, subsidiaries and/or affiliates, and each of their respective officers, directors, members, employees, agents, shareholders, licensors, suppliers and/or attorneys. Each of these individuals and entities shall have the right to assert and enforce these provisions directly against you on its own behalf.

  • Disclaimer of Warranties. THE SITE, NEWSLETTER AND/OR ANY PRODUCTS AND/OR SERVICES THAT YOU MAY APPLY FOR THROUGH USE OF THE SITE AND/OR NEWSLETTER ARE PROVIDED TO YOU ON AN "AS IS" AND "AS AVAILABLE" BASIS AND ALL WARRANTIES, EXPRESS AND IMPLIED, ARE DISCLAIMED TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW (INCLUDING, BUT NOT LIMITED TO, THE DISCLAIMER OF ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY AND/OR FITNESS FOR A PARTICULAR PURPOSE). IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, BenefitUp™ MAKES NO WARRANTY THAT: (A) THE SITE, NEWSLETTER AND/OR ANY PRODUCTS AND/OR SERVICES THAT YOU MAY APPLY FOR THROUGH USE OF THE SITE AND/OR NEWSLETTER WILL MEET YOUR REQUIREMENTS; (B) THE SITE, NEWSLETTER AND/OR ANY PRODUCTS AND/OR SERVICES THAT YOU MAY APPLY FOR THROUGH USE OF THE SITE AND/OR NEWSLETTER WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (C) YOU WILL QUALIFY FOR THIRD PARTY PRODUCTS FROM OUR THIRD PARTY ADVERTISERS; OR (D) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE, NEWSLETTER AND/OR ANY PRODUCTS AND/OR SERVICES THAT YOU MAY APPLY FOR THROUGH USE OF THE SITE AND/OR NEWSLETTER WILL BE ACCURATE OR RELIABLE. THE SITE AND/OR NEWSLETTER MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. WE WILL NOT BE LIABLE FOR THE AVAILABILITY OF THE UNDERLYING INTERNET CONNECTION ASSOCIATED WITH THE SITE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM BenefitUp™, ITS THIRD PARTY ADVERTISERS OR OTHERWISE THROUGH OR VIA THE SITE AND/OR NEWSLETTER, SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE AGREEMENT.

  • Limitation of Liability. YOU EXPRESSLY UNDERSTAND AND AGREE THAT BenefitUp™ SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL AND/OR EXEMPLARY DAMAGES INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF BenefitUp™ HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), TO THE FULLEST EXTENT PERMISSIBLE BY LAW FOR: (A) THE USE OR THE INABILITY TO USE THE SITE, NEWSLETTER AND/OR ANY PRODUCTS AND/OR SERVICES THAT YOU MAY APPLY FOR THROUGH USE OF THE SITE AND/OR NEWSLETTER; (B) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION AND/OR SERVICES PURCHASED OR OBTAINED FROM, OR TRANSACTIONS ENTERED INTO THROUGH, USE OF THE SITE AND/OR NEWSLETTER; (C) THE FAILURE TO QUALIFY FOR THIRD PARTY PRODUCTS FROM OUR THIRD PARTY ADVERTISERS; (D) THE UNAUTHORIZED ACCESS TO, OR ALTERATION OF, YOUR E-MAIL ADDRESS; AND (E) ANY OTHER MATTER RELATING TO THE SITE, NEWSLETTER AND/OR ANY PRODUCTS AND/OR SERVICES THAT YOU MAY APPLY FOR THROUGH USE OF THE SITE AND/OR NEWSLETTER. THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION, IN THE AGGREGATE INCLUDING, BUT NOT LIMITED TO, BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATIONS AND ANY AND ALL OTHER TORTS. YOU HEREBY RELEASE BenefitUp™ AND ITS THIRD PARTY ADVERTISERS FROM ANY AND ALL OBLIGATIONS, LIABILITIES AND CLAIMS IN EXCESS OF THE LIMITATIONS STATED HEREIN. IF APPLICABLE LAW DOES NOT PERMIT SUCH LIMITATIONS, THE MAXIMUM LIABILITY OF BenefitUp™ TO YOU UNDER ANY AND ALL CIRCUMSTANCES WILL BE FIVE HUNDRED DOLLARS ($500.00). THE NEGATION OF DAMAGES SET FORTH ABOVE IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN YOU AND BenefitUp™. THE SITE, NEWSLETTER AND/OR ANY PRODUCTS AND/OR SERVICES THAT YOU MAY APPLY FOR THROUGH USE OF THE SITE AND/OR NEWSLETTER WOULD NOT BE PROVIDED TO YOU WITHOUT SUCH LIMITATIONS.

  • Third Party Websites. The site and/or Newsletter may provide links to and/or refer you to third party Internet websites and/or resources including but not limited to, the websites of the Third Party Advertisers. Because BenefitUp™ has no control over such third party websites and/or resources, you hereby acknowledge and agree that BenefitUp™ is not responsible for the availability of such shirt party websites and/or resources. Furthermore, BenefitUp™ does not endorse and is not responsible or liable for any terms and conditions, privacy policies, content, advertising, services, products and/or other materials at or available from such third party websites or resources, or for any damages and/or losses arising therefrom.

  • Privacy Policy/User Information. Use of the Site, and all comments, feedback, information, BenefitUp™ Registration Data or materials that you submit through or in association with use of the Site, is subject to our Privacy Policy. We reserve the right to use all information regarding your use of the Site, and any and all other personally identifiable information provided by you, in accordance with the terms of our Privacy Policy.To view our Privacy Policy.

  • Legal Warning. Any attempt by any individual, whether or not a BenefitUp™ customer, to damage, destroy, tamper with, vandalize and/or otherwise interfere with the operation of the Site and/or Newsletter, is a violation of criminal and civil law and BenefitUp™ will diligently pursue any and all remedies in this regard against any offending individual or entity to the fullest extent permissible by law and in equity.

  • Dispute Resolution Provisions. The Agreement shall be treated as though it were executed and performed in New York, New York and shall be governed by and construed in accordance with the laws of the State of New York (without regard to conflict of law principles). Should a dispute arise concerning the terms and conditions of the Agreement or the breach of same by any party hereto, the parties agree to submit their dispute for resolution by arbitration before the American Arbitration Association in New York City, in accordance with the then current Commercial Arbitration Rules of the American Arbitration Association. Any award rendered shall be final and conclusive to the parties and a judgment thereon may be entered in any court of competent jurisdiction. Nothing herein shall be construed to preclude any party from seeking injunctive relief in order to protect its rights pending an outcome in arbitration. To the extent permitted by law, you agree that you will not bring, join or participate in any class action lawsuit as to any claim, dispute or controversy that you may have against BenefitUp™ and its employees, officers, directors, members, representatives and assigns. You agree to the entry of injunctive relief to stop such a lawsuit or to remove you as a participant in the suit. You agree to pay the attorney's fees and court costs that BenefitUp™ incurs in seeking such relief. This provision preventing you from bringing, joining or participating in class action lawsuits: (a) does not constitute a waiver of any of your rights and remedies to pursue a claim individually and not as a class action in binding arbitration as provided above; and (b) is an independent agreement.

  • Miscellaneous. Should any part of the Agreement be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. To the extent that anything in or associated with the Site and/or any BenefitUp™ offering is in conflict or inconsistent with these Terms and Conditions, these Terms and Conditions shall take precedence. Our failure to enforce any provision of the Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision. The parties do not intend that any agency or partnership relationship be created through operation of the Agreement.

  • Contact Us. If you have any questions regarding the Agreement, or would like more information from BenefitUp™, please contact us by: (a) info@BenefitUp.com, (b) mailing us at: SelectOptions 1608 S. Ashland Ave #23931 Chicago, IL 60608.