Terms of Use
Thank
you for visiting this Site, which is owned and operated by Benefit Comply, LLC
and/or Know Benefit Compliance, LLC (collectively the “Owner”). The
following terms and conditions (“Terms of Use”) govern your use of
the webpages located within www.hipaaselfserve.com (collectively, the
“Site”).
Your Acceptance of these Terms of
Use
These
Terms of Use apply to all users of this Site. By using this Site, you are
agreeing to comply with and be bound by these Terms of Use. If you do not agree
to these Terms of Use, you may not access or use this Site.
Ownership of this Site and its
Content
This
Site, including all its content, is protected under applicable intellectual
property and other laws, including without limitation the laws of the United
States and other countries. All content and intellectual property rights
therein are the property of the Owner, or the material is included with the
permission of the rights owner and is protected pursuant to applicable
copyright and trademark laws.
The
presence of any content on this Site does not constitute a waiver of any right
in such content. You do not acquire ownership rights to any such content viewed
through this Site. Except as otherwise provided herein, none of this content
may be used, copied, reproduced, distributed, republished, downloaded,
modified, displayed, posted or transmitted in any form or by any means,
including, but not limited to, electronic, mechanical, photocopying, recording,
or otherwise, without our express prior written permission.
Permission
is hereby granted to the extent necessary to lawfully access and use this Site
and to display, download, or print portions of this Site on a temporary basis
and for your personal, educational, noncommercial use only, provided that you
(i) do not modify the content; (ii) retain any and all copyright and other
proprietary notices contained in the content; and (iii) do not copy or post the
content on any network computer or broadcast the content in any media.
Trademarks
The
names and logos, all product and service names, all graphics, all button icons,
and all trademarks, service marks and logos appearing within this Site, unless
otherwise noted, are trademarks (whether registered or not), service marks
and/or trade dress of the Owner and/or its affiliates (collectively
“Marks”). All other trademarks, product names, company names, logos,
service marks and/or trade dress mentioned, displayed, cited or otherwise
indicated within this Site are the property of their respective owners. You are
not authorized to display or use the Marks in any manner without our prior
written permission. You are not authorized to display or use trademarks,
product names, company names, logos, service marks and/or trade dress of other
owners featured within this Site without the prior written permission of such
owners. The use or misuse of the Marks or other trademarks, product names,
company names, logos, service marks and/or trade dress or any other materials
contained herein, except as permitted herein, is expressly prohibited.
Your Obligations
You
are responsible for maintaining the confidentiality of your username and
password and are fully responsible for all activities that occur under the
username(s) and password(s) created by you or by anyone else using the
username(s) and password(s) that you have created, whether or not authorized by
you. You agree to change your password immediately if you believe your password
may have been compromised or used without your authorization. You also agree to
immediately inform us of any apparent breaches of security such as loss, theft
or unauthorized disclosure or use of your username or password by contacting us
at info@benefitcomply.com. Until we are so notified, you will remain liable for
any unauthorized use of your account.
You
agree to use this Site in a manner consistent with any and all applicable rules
and regulations. You agree not to upload or transmit through this Site any
computer viruses, Trojan horses, worms or anything else designed to interfere
with, interrupt or disrupt the normal operating procedures of a computer. Any
unauthorized modification, tampering or change of any information, or any
interference with the availability of or access to this Site is strictly
prohibited. We reserve all rights and remedies available to us.
DISCLAIMERS
WE
MAKE NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THIS SITE OR ITS CONTENT,
OR ANY PRODUCT OR SERVICE AVAILABLE ON OR PROMOTED THROUGH THIS SITE. THIS SITE
AND ALL OF ITS CONTENT ARE PROVIDED ON AN “AS IS,” “AS AVAILABLE”
BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT
PERMITTED BY LAW, THE OWNER, ITS AFFILIATES, AND THEIR SERVICE PROVIDERS AND
LICENSORS DISCLAIM ANY AND ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS,
IMPLIED, ARISING BY STATUTE, CUSTOM, COURSE OF DEALING, COURSE OF PERFORMANCE
OR IN ANY OTHER WAY, WITH RESPECT TO THIS SITE, ITS CONTENT, AND ANY PRODUCTS
OR SERVICES AVAILABLE OR PROMOTED THROUGH THIS SITE. WITHOUT LIMITING THE
GENERALITY OF THE FOREGOING, THE OWNER, ITS AFFILIATES AND THEIR SERVICE
PROVIDERS AND LICENSORS DISCLAIM ALL REPRESENTATIONS AND WARRANTIES (A) OF
TITLE, NON- INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE;
(B) RELATING TO THE SECURITY OF THIS SITE; (C) THAT THE CONTENT OF THIS SITE IS
ACCURATE, COMPLETE OR CURRENT; OR (D) THAT THIS SITE WILL OPERATE SECURELY OR
WITHOUT INTERRUPTION OR ERROR. WE DO NOT REPRESENT OR WARRANT THAT THIS SITE,
ITS SERVERS, OR ANY TRANSMISSIONS SENT FROM US OR THROUGH THIS SITE WILL BE
FREE OF ANY HARMFUL COMPONENTS (INCLUDING VIRUSES). THE OWNER DOES NOT ENDORSE
AND IS NOT RESPONSIBLE FOR STATEMENTS, ADVICE, AND OPINIONS MADE BY ANYONE
OTHER THAN AUTHORIZED BY THE OWNER SPOKESPERSONS. WE DO NOT ENDORSE AND ARE NOT
RESPONSIBLE FOR ANY STATEMENTS, ADVICE OR OPINIONS THAT DO NOT IN ANY WAY
REFLECT THE STATEMENTS, ADVICE AND OPINIONS OF THE OWNER. WE DO NOT MAKE ANY
REPRESENTATIONS OR WARRANTIES AGAINST THE POSSIBILITY OF DELETION, MISDELIVERY
OR FAILURE TO STORE COMMUNICATIONS, PERSONALIZED SETTINGS, OR OTHER DATA. YOU
ACCEPT THAT OUR SHAREHOLDRS, OWNERS, OFFICERS, DIRECTORS, EMPLOYEES AND OTHER
REPRESENTATIVES SHALL HAVE THE BENEFIT OF THIS CLAUSE.
APPLICABLE
LAW MAY NOT ALLOW THE LIMITATION OF CERTAIN WARRANTIES, SO ALL OR PART OF THIS
DISCLAIMER OR WARRANTES MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY
TO
THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS WE, ON BEHALF OF OUR DIRECTORS,
OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS, LICENSORS AND SERVICE PROVIDERS,
EXCLUDE AND DISCLAIM LIABILITY FOR ANY LOSSES AND EXPENSES OF WHATEVER NATURE
AND HOWSOEVER ARISING INCLUDING, WITHOUT LIMITATION, ANY DIRECT, INDIRECT,
GENERAL, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES; LOSS OF USE;
LOSS OF DATA; LOSS CAUSED BY A VIRUS; LOSS OF INCOME OR PROFIT; LOSS OF OR
DAMAGE TO PROPERTY; CLAIMS OF THIRD PARTIES; OR OTHER LOSSES OF ANY KIND OR
CHARACTER, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR
LOSSES, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS SITE. YOU ASSUME
TOTAL RESPONSIBILITY FOR ESTABLISHING SUCH PROCEDURES FOR DATA BACK UP AND
VIRUS CHECKING AS YOU CONSIDER NECESSARY. THIS LIMITATION OF LIABILITY APPLIES
WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT (INCLUDING
NEGLIGENCE), STRICT LIABILITY OR ANY OTHER BASIS. IF ANY PART OF THIS
LIMITATION ON LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON,
THEN THE AGGREGATE LIABILITY OF THE RELEASED PARTIES FOR LIABILITIES THAT
OTHERWISE WOULD HAVE BEEN LIMITED SHALL NOT EXCEED THE GREATER OF THE TOTAL
AMOUNT PAID BY YOU IN RESPECT TO USE OF THIS SITE OR $1000.00.
This
Site gives you specific legal rights and you may also have other rights which
vary from country to country. Some jurisdictions do not allow certain kinds of
limitations or exclusions of liability, so the limitations and exclusions set
out in these Terms of Use may not apply to you. Other jurisdictions allow
limitations and exclusions subject to certain conditions. In such case, the
limitations and exclusions set out in these Terms of Use shall apply to the
fullest extent permitted by the laws of such applicable jurisdictions. Your
statutory rights as a consumer, if any, are not affected by these provisions,
and we do not seek to exclude or limit liability for fraudulent
misrepresentation.
Indemnity
You
agree to indemnify and hold the Owner its subsidiaries, and affiliates, and
their respective officers, agents, partners and employees, harmless from any
loss, liability, claim or demand, including reasonable attorneys’ fees, made by
any third party due to or arising out of your use of this Site in violation of
these Terms of Use and/or arising from a breach of these Terms of Use and/or
any breach of your representations and warranties set forth above. We reserve
the right to defend any such claim, and you agree to provide us with reasonable
cooperation and information as we may request.
Links to Third-Party Websites
This
Site may provide links to other websites operated by third parties. Because we
have no control over third-party websites, we are not responsible for the
availability of those websites and do not endorse and are not responsible or
liable for any content, advertising, services, products or other materials on
or available from such websites. The Owner shall not be responsible or liable,
directly or indirectly, for any damage or loss caused or alleged to be caused
by or in connection with the use of or reliance on any content, advertising,
services, products or other materials on or available from such websites. These
Terms of Use do not apply to your use of third-party websites; your use of such
websites is subject to the terms and policies of the owner of such websites.
Modification and Discontinuation
We
reserve the right at any time and from time-to-time to modify, edit, delete,
suspend or discontinue, temporarily or permanently this Site (or any portion
thereof) and/or the information, materials, products and/or services available
through this Site (or any part thereof) with or without notice. You agree that
we shall not be liable to you or to any third party for any such modification,
editing, deletion, suspension or discontinuance of this Site.
Waiver
Our
failure at any time to require performance of any provision of these Terms of
Use or to exercise any right provided for herein will not be deemed a waiver of
such provision or such right. All waivers must be in writing. Unless the
written waiver contains an express statement to the contrary, no waiver by the
Owner of any breach of any provision of these Terms of Use or of any right
provided for herein will be construed as a waiver of any continuing or
succeeding breach of such provision, a waiver of the provision itself, or a
waiver of any right under these Terms of Use.
Severability
If
any provision of these Terms of Use is held by a court of competent
jurisdiction to be contrary to law, such provision will be changed and
interpreted so as to best accomplish the objectives of the original provision
to the fullest extent allowed by law and the remaining provisions of these
Terms of Use will remain in full force and effect.
Governing Law and Arbitration
These
Terms of Use will be governed under the laws of the state of Minnesota without
regard to its conflict of law provisions. All claims and disputes arising under
or relating to these Terms of Use are to be settled by binding arbitration in
the state of Minnesota. An award of arbitration may be confirmed in a court of
competent jurisdiction.
These Terms of Use may change
These
Terms of Use are current as of the effective date set forth above. The Owner
reserves the right to change these Terms of Use from time to time consistent
with applicable laws and principles. These changes will be effective as of the
date we post the revised version on this Site. Your continued use of this Site
after we have posted the revised Terms of Use constitutes your agreement to be
bound by the revised Terms of Use. If at any time you choose not to accept
these Terms of Use, you should not use this Site.
Entire Agreement
These
Terms of Use contain the entire understanding and agreement between you and the
Owner with respect to this Site and supersede all previous communications,
negotiations, and agreements, whether oral, written, or electronic, between you
and the Owner with respect to this Site and your use of this Site.