Terms and Conditions of Use - Updated May, 2010
Please
carefully review these terms and conditions of use before using this site. By
accessing or using this website of Dynamic Benefit Systems, LLC (“DBS”), you
acknowledge that you have read, understood and accept these terms and
conditions.
Intellectual property
The
entirety of the content in this site is a collective work owned by DBS and is
protected by U.S. and international copyright laws. Copyright 2010 Dynamic Benefit Systems, LLC. All rights reserved. All elements comprising this site, including
without limitation, the text, site design, logos graphics, icons and
images, as well as the selection, assembly and arrangement thereof are the sole
property of DBS or its licensors, and are protected by U.S. and international
copyright laws. All software used in
this site is the property of DBS or its licensors, and such software is also
protected by U.S. and international copyright laws. Permission is granted to electronically
display and electronically copy and print hard copy portions of this site for
your own non-commercial use or to interact with DBS through the site. Any other use, including the reproduction,
modification, distribution, transmission, republication, display or performance
of any content of this site is strictly prohibited.
The trademarks,
service marks, trade names, trade dress, logos, designs, and sounds associated
with the site are owned by DBS or third parties who have authorized their use.
Disclaimer of warranty
THE SITE, ITS
CONTENTS AND THE PRODUCTS AND SERVICES AVAILABLE ON THE SITE ARE PROVIDED ON
AND “AS IS” AND “AS AVAILABLE” BASIS WITHOUT REPRESENTATION OR WARRANTY OF ANY
KIND. DBS EXPRESSLY DISCLAIMS ALL
REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND WITH RESPECT TO
THE SITE, ITS USES AND THE PRODUCTS AND SERVICES OFFERED ON THE SITE, INCLUDING
BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,
NON-INFRINGEMENT, TITLE, ACCURACY AND FREEDOM FROM COMPUTER VIRUSES OR OTHER
HARMFUL COMPONENTS. Some states do not
allow the disclaimer or limitation of warranties, so the disclaimers set forth
above may not apply to you.
Limitation of liability
IN NO EVENT SHALL
DBS, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SHAREHOLDERS, REPRESENTATIVES,
SUPPLIERS OR CONTENT OR SERVICE PROVIDERS BE LIABLE FOR DAMAGES OF ANY KIND,
INCLUDING WITHOUT LIMITATION, DIRECT, INDIRECT, COMPENSATORY, SPECIAL,
INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES EVEN IF MADE AWARE OF THE
POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION UNDER CONTRACT, NEGLIGENCE OR
OTHER THEORY, ARISING OUT OF OR IN CONNECTION WITH THE USE, INABILITY TO USE OR
PERFORMANCE OF THE SITE AND/OR ANY MATERIALS, PRODUCTS OR SERVICES AVAILABLE AT
THE SITE. Some states do not allow the
disclaimer or limitation of damages, so the disclaimers set forth above may not
apply to you.
Third party links and frames
DBS may provide
links to websites operated by third parties. DBS makes no representations whatsoever about any third party websites
that you may access through this site. DBS is not responsible for the privacy practices or the content of such
websites. DBS prohibits the framing of
any materials available through this site. DBS reserves the right to disable any unauthorized frames and
specifically disclaims any responsibility for the contents of any other
websites linked to this site.
Communications with DBS
By sending DBS any ideas, comments, suggestions, questions or other
material, you grant DBS an unrestricted, royalty-free, worldwide, irrevocable
license to use, reproduce, display, perform, modify, transmit and distribute
such material in any manner, including in connection with DBS’s business, and
you also agree that DBS is free to use any ideas, concepts, know-how or
techniques that you send us for any purpose.
You agree that no comments or other information submitted by you to DBS
will violate any personal or proprietary right of any third party (including,
without limitation, copyright and trademark rights). You agree that no comments or other
information submitted by you to DBS will be libellous, obscene, harassing,
abusive or otherwise unlawful. You agree
that you shall remain solely liable for the contents of any comments or other
information submitted by you to DBS.
Users under age 13
The site is not
intended for use by individuals under 13 years of age. Users under the age of
13 should get the assistance of a parent or guardian to use the DBS site.
Privacy policy
Please
review DBS’s privacy policy for information on DBS’ privacy practices with
respect to this site.
Indemnity
You
agree to indemnify, defend, and hold harmless DBS, its officers, directors,
employees, agents, shareholders, representatives, suppliers and content and
service providers from and against all losses, expenses, damages and costs,
including reasonable attorneys fees, resulting from any violation of these
terms and conditions or any activity related to your account with DBS
(including negligent or wrongful conduct) by you or any other person accessing
the site using your Internet account, DBS site user name or account password.
Applicable law
You
use of the site shall be governed by the laws of the State of Wisconsin without
regard to its choice of law principles. You agree to submit to the personal jurisdiction of
the state and federal courts located in Wisconsin
with respect to any legal proceedings arising out of these terms and conditions
or your use of the DBS site. Any cause
of action or claim you may have with respect to the DBS site (including without
limitation your purchase of DBS products or services) must be commenced within
one (1) year after the cause of action or claim arises.
Changes to the site
DBS reserves the
right to terminate access to the site, and to make additions, deletions or
modifications to the site and those products and services offered at the site
at any time without prior notice to you.
About these terms and conditions
These terms and conditions were posted on the date set forth above. DBS
reserves the right to change, alter or modify these terms and conditions for
any reason at any time. When we do so,
changes in these
terms and conditions will posted on our
site and will be effective immediately. If you are a regular visitor to this site, we recommend that you check these terms and conditions on a regular basis.
Contact Information
If you
ever have any questions about these terms and conditions, please contact us. We
will be happy to answer any questions or concerns you might have.