1.1. All information contained on this web site, including, but not limited to, information relating to medical and health conditions, products and treatments, is for informational purposes only and is intended for use only by Benecard members in the United States. We have taken reasonable efforts to provide accurate, complete and current information, but such information may be revised on an on-going basis. The information contained on this web site is not intended to be a substitute for the advice provided by your physician or other health care provider or any information contained in any product packaging or labels.
1.2. You should not use the information on this web site for diagnosing a health condition or using a particular product. You should carefully read all material provided by the manufacturers of the products on or in the product packaging before using any of the products purchased on this site. You should always consult your physician or health care provider.
2. Limitation of Liability
2.1 Subject to overall provision in Section 3.1 below, you expressly understand and agree that Benecard shall not be liable to you for:
(A) any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but not be limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation, any loss of data suffered, cost of procurement of substitute goods or services, or other intangible loss; and
(B) any loss or damage which may be incurred by you, including but not limited to loss or damage as a result of:
(I) any reliance placed by you on the completeness, accuracy or existence of any information on our website; (II) any changes which Benecard may make to the services, or for any permanent or temporary cessation in the provision of the services (or any features within the services); (III) the deletion of, corruption of, or failure to store, any content and other communications data maintained or transmitted by or through your use of the services; (IV) your failure to provide Central Fill with accurate account, individual, and/or member information; and (V) your failure to keep your password or account details secure and confidential.
2.2 The limitations on Benecard’s liability to you in Paragraph 2.1 above shall apply whether or not Benecard has been advised of or should have been aware of the possibility of any such losses arising.
3. Exclusion of Warranties
3.1 Nothing in these terms shall exclude or limit Benecard’s warranty or liability for losses which may not be lawfully excluded or limited by applicable law. Some jurisdictions do not allow the exclusion of certain warranties or conditions or the limitation or exclusion of liability for losses or damage caused by negligence, breach of contract or breach of implied terms, or incidental or consequential damages. Accordingly, only the limitations which are lawful in your jurisdiction will apply to you and our liability will be limited to the maximum extent permitted by law.
3.2 You expressly understand and agree that your use of the services is at your sole risk and that the services are provided “AS IS” and “AS AVAILABLE.”
3.3 In particular, Benecard does not represent or warrant to you that:
(A) your use of the services will meet your requirements, (B) your use of the services will be uninterrupted, timely, secure or free from error, and (C) any information obtained by you as a result of your use of the services will be accurate or reliable.
3.4 Benecard further expressly disclaims all warranties and conditions of any kind, whether express or implied, including, but not limited to the implied warranties and conditions of merchantability, fitness for a particular purpose and non-infringement.
4. Links to Third Party Content
4.1. Benecard has no responsibility for links to third party content. Links to third party web sites are provided for your convenience and information only. The content in any linked web sites is not under our control and Benecard is not responsible for such content.
4.2. Benecard reserves the right to terminate a link to a third party web site at any time. The fact that we provide a link to a third party web site does not necessarily mean that we endorse, authorize or sponsor that web site, nor that we are affiliated with the third party web site’s owners or sponsors.
5. Privacy Treatment of Information or Data Transmitted to Us
Personal information transmitted to us will be treated in accordance with our HIPAA Privacy Statement.
6. Proprietary Rights & Restricted Use
6.1. Benecard’s web site content is copyrighted and protected by U.S. copyright laws. In addition, this web site’s content is protected by trademark laws, the laws of privacy and publicity, and communication regulations and statutes. You are not authorized to post on or transmit to or from this web site any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material, or any other content that could give rise to any civil or criminal liability under the law.
6.2. You may print a copy of the information contained herein for your personal use only, but you may not reproduce or distribute the text or graphics to others or substantially copy the information on your own server, or link to this web site, without the prior written permission of Benecard.
6.3. The names Benecard Services, Inc. and Benecard and its registered logos, service marks, and trademarks, may not be used in any advertising or publicity without the prior explicit written permission of Benecard.
7. Limitation of Jurisdiction
By accessing, transmitting or viewing any information on Benecard’s web site, you agree to be subject to personal jurisdiction in the State of New Jersey. Any transaction or occurrence arising out of accessing, transmitting or viewing any information on our web site shall be judged in accordance with the laws of the State of New Jersey.
8. Unauthorized Use of the Site