TERMS AND CONDITIONS OF USE
These terms and conditions govern your use of 4UBenefits.com (the “site”). By using this site, you agree to these terms and conditions. For convenience, these terms and conditions refer to 4U Benefits, LLC, a Michigan limited liability company, as “we” or “us,” to users as “you,” and to this web site, 4UBenefits.com, as the “site.”
We may, from time to time, modify or remove these terms and conditions. If we do, this posting will be updated, and the changes will be effective no earlier than thirty (30) days after they are posted, unless you are otherwise notified by us. You should periodically visit this part of the site to review the terms and conditions. [The terms and conditions were last updated on July 24, 2008.]
Note that term products purchased through the site will automatically renew for subsequent terms unless you inform us otherwise. Please refer to the specific product descriptions and to your personally identifiable information for further detail.
Warranties and Disclaimers
Although we have attempted to provide accurate information on this site, we assume no responsibility for the accuracy of the information contained herein. We may change the programs or products mentioned at any time without notice. Mention of third party products or services is for informational purposes only and constitutes neither an endorsement nor a recommendation.
Except as expressly provided otherwise in a written agreement between you and us, all products and services on this site are provided “as is” without warranty of any kind, either express or implied. Without limiting the foregoing, we make no warranty that:
- the products and services will meet your requirements,
- the products and services will be uninterrupted, timely, secure, or error-free,
- the results that may be obtained from the use of the products or services on this site will be effective, accurate or reliable, or
- the quality of any products, services, or information purchased or obtained by you from the site will meet your expectations.
This site could include technical or other mistakes, inaccuracies or typographical errors. We may make changes to the materials and services on this site, including the prices and descriptions of any products listed hereon, at any time without notice. The materials or services on this site may be out of date, and we make no commitment to update such materials or services.
We assume no responsibility for errors or omissions in the information, documents, products, materials and/or services which are referenced by or linked to this site. References to other entities or individuals, and their services and products, are provided “as is” without warranty of any kind, either express or implied.
The downloading or other acquisition of any materials through the site is done at your own discretion and risk and with your agreement that you will be solely responsible for any damage to your computer system or loss of that data that results from the downloading or acquisition of any such materials. No advice or information, whether oral or written, obtained by you from us or through or from the site will create any warranty not expressly stated in the terms of use.
This site may contain links to third-party web sites that are not under our control. We make no representations whatsoever about any other web site to which you may have access through this site. When you access third-party web sites, you do so at your own risk and we are not responsible for the accuracy or reliability of any information, data, opinions, advice, or statements made on these sites or for the quality of any products or services available on such sites. We may provide these links merely as a convenience and the inclusion of such links does not imply that we endorse or accept any responsibility for the content or uses of such sites.
This site can be accessed from other countries around the world and may contain references to our products, services, and programs that have not been announced in your country. These references do not imply that we intend to announce such products, services, or programs in your country.
Registration
As part of the registration and account creation process necessary for you to obtain access to portions of the site, you will be provided with a user identification and a password that you can subsequently change. You will provide us with certain registration information, all of which must be accurate and updated. You are solely responsible for maintaining the confidentiality of your user identification and password and you must immediately notify us of any known or suspected unauthorized use(s) of your account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your user identification, password, or registration information. You are solely responsible for all usage or activity on your account including, but not limited to, use of the account by any third party authorized by you to use your user identification and password. Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your account, in our sole discretion, and we may refer you to appropriate law enforcement agencies.
Your Personally Identifiable Information
You have the right to access and correct your personally identifiable information. This may be accomplished either by written request, phone, facsimile, or e-mail, by contacting us at:
4U Benefits
3070 Broadmoor SE, Suite A
Grand Rapids, Michigan 49512
Telephone: 616-942-2200
Facsimile: 616-942-2202
E-mail: service@4ubenefits.com
You must include your name, address, and/or e-mail address when you contact us.
Note that we are not responsible for the content or privacy practices of third-party web sites to which the site may link.
You should be aware that when you voluntarily disclose personal information (e.g., user name, e-mail address) on the site, that information can be collected and used by others and may result in unsolicited messages from other posters or parties.
See the Privacy Statement for more extensive detail regarding personally identifiable information.
Intellectual Property Notice
The materials and services on this site are protected by intellectual property laws and any unauthorized use of the materials or services at this site may violate such laws. Except as expressly provided herein, we do not grant any express or implied right to you under any patents, copyrights, trademarks, trade names, or trade secret information with respect to the materials and services.
Except as specifically permitted herein, no portion of the information or documents on this site may be reproduced in any form or by any means without our prior written permission.
Indemnity
You agree to indemnify and hold us, and our affiliates, managers, agents, members, and employees, harmless from any claim or demand for losses, expenses, damages, and costs, including reasonable attorneys’ fees, made by any third party due to or arising out of content you submit or transmit through this site, your use of this site, your connection to this site, your violation of these terms and conditions, or your violation of any rights of another person or entity.
You agree to indemnify, defend and hold us, our affiliates, managers, agents, members, employees, advertisers, licensors, suppliers and any third party information providers to this site harmless from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of these terms and conditions (including negligent or wrongful conduct) by you or any other person accessing this site.
Governing Law and Jurisdiction
This site (excluding linked sites) is controlled by us from our offices within the State of Michigan, United States of America. By accessing this site, you agree that all matters relating to your access to, or use of, this site will be governed by, and will be interpreted and construed in accordance with, the statutes and laws of the State of Michigan, without regard to the conflict of law principles thereof. By using this site, you agree that any dispute arising out of or connected in any way with the operation or maintenance of the site, or your use of the site, which proceeds to litigation will be litigated in the courts of jurisdiction in Kent County, Michigan, including the Kent County Circuit Court and the U.S. District Court for the Western District of Michigan, that such jurisdiction and venue are sufficiently convenient for all such purposes, and you consent and submit to the same for all such litigation. We make no representation that materials on this site are appropriate or available for use in other locations, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with local laws.
Links to Third Party Sites
Some of the links made available to you through our pages may allow you to leave our web site. Please be aware that the Internet sites available through these links, and the material that you may find there, are not under our control. Therefore, we cannot and do not make any representation to you about these sites or the materials available there, and the fact that we have made these links available to you is not an endorsement or recommendation to you by us of any of these sites or any material found there. We are providing these links only as a convenience to you.
Trademarks
The trademarks, logos and service marks (“marks”) displayed on this site are our property or the property of other third parties. You are not permitted to use the marks without our prior written consent or the prior written consent of such third party which may own the marks. 4U Benefits is a trademark of O.L.T. Special Services, LLC d/b/a 4U Benefits.
Limitation of Liability
You expressly understand and agree that we will not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if we have been advised of the possibility of such damages), resulting from:
- the use or the inability to use the site,
- the cost of procurement of substitute products and services resulting from any products, data, information, or services purchased or obtained or transactions entered into through or from the site,
- unauthorized access to or alteration of your transmissions or data,
- statements or conduct of any third party on the site, or
- any other matter relating to the site.
Further, in no event will we be liable for:
- any incidental, consequential, or indirect damages (including, but not limited to, damages for loss or profits, business interruption, loss of programs or information, and the like) arising out of the use of or inability to use the site, or any information, or transactions provided on the site, or downloaded from the site, or any delay of such information, even if we or our authorized representatives have been advised of the possibility of such damages, or
- any claim attributable to the products, services, materials, or information downloaded through the site, including but not limited to any claim relating to errors, omissions, or other inaccuracies relating to the products, services, materials, or information downloaded through the site.
Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you. In such states, our liability is limited to the greatest extent permitted by law.
General Legal
If any of these terms and conditions is held to be invalid or unenforceable, then such provision will be enforced to the maximum extent permissible so as to effect the intent of these terms and conditions, and the remainder of these terms and conditions will continue in full force and effect. The failure of any party to exercise or enforce any rights will not constitute a waiver of such right. You agree that any cause of action related to this site must commence within one (1) year after the cause of action arose.
Mandatory Binding Arbitration
In the event of any dispute arising out of or connected in any way with the operation or maintenance of the site, or use of the site, upon the request of either party such dispute shall be submitted to binding arbitration before a single arbitrator subject to the Commercial Arbitration Rules and Commercial Dispute Resolution Procedures of the American Arbitration Association then in effect. Such binding arbitration shall be in lieu of and a required alternative to civil litigation. Any such arbitration shall be conducted in Grand Rapids, Michigan, at a mutually convenient location and the parties shall each bear all of their respective costs and expenses associated with arbitration, including attorney’s fees, except to the extent determined otherwise in the arbitration award. The arbitrator shall be selected from the list of Civil Neutral Arbitrators provided through the offices of the American Arbitration Association located in Southfield, Michigan, or from such other list as may be agreed to in writing between the parties.
PRIVACY STATEMENT
The security of your personal information is extremely important to us. We are dedicated to the fundamentals of protecting your privacy on the Internet. Our privacy policy is as follows.
Notice of Information Collection
When you are visiting this site, we may collect all types of information concerning your viewing patterns, your browser, operating system and IP address, and any personally identifiable information that you provide to us, regardless of whether it is required or not. In order to track your viewing patterns and provide you with a customized website, we may place a “cookie” on your computer that allows us to recognize you when you visit our site.
In addition, a third party advertising company may place an additional cookie on your computer and use it to collect information about you. More information can be found following this link on cookies.
Finally, we may retain an affiliated company to conduct an online survey regarding your interests and to collect information. This company’s privacy policy is at:
http://www.4UBenefits.com
We use the information that we collect for any purpose that we deem to be in your best interest. Information from other sources is not combined with the information that we collect.
Dissemination of Information Collected
We may use any information that we collect to enhance your shopping experience in the following ways:
- Deliver merchandise that you purchase online
- Register you as a member of 4UBenefits.com
- Bill your credit card for your purchases
- Confirm your orders
- Respond to your customer-service inquiries or requests
- Communicate special offers and featured items to you, if you choose to receive such notices
- Find and stock the products you want
- Customize your shopping experience
By giving us information about yourself, you are agreeing to allow us to disseminate that information to third parties. Those third parties are not restricted in their use of that information except by the authority that we grant to them.
In addition, third parties may be collecting information about you through the use of cookies and through information that we provide to them. See the section on cookies for more information about contacting those third parties.
Finally, we may allow other affiliated companies to obtain and use information about you. While we require that those companies maintain privacy policies that cover the areas of notice, choice, access, and security, any information that you submit to those affiliated companies is governed by their privacy policy. Again, on any page that you are asked to submit personally identifiable information, you will find a link to that company’s privacy policy and the choice to affirmatively consent.
Disclosure Due to Court Proceedings
We sometimes are required by court orders or other laws to divulge information about you to law enforcement authorities, to government agencies, or to the court. We will fully comply with such orders and/or laws.
Your Access to the Information Collected
If you would like access to the information that we have collected about you, then visit this link
http://www.4UBenefits.com. You will be required to provide your user ID and password in order to access the material. If you wish to correct or delete information, please contact us at:
4U Benefits
3070 Broadmoor SE, Suite A
Grand Rapids, Michigan 49512
Telephone: 616-942-2200
Facsimile: 616-942-2202
E-mail: service@4ubenefits.com
Security of the Information Collected
The security of the information that you provide to us is very important to us. Hence, we have taken several measures to protect your information. All transactions involving sensitive information, such as your credit/debit card number, are conducted using a service called Secure Sockets. This service provides increased security to the information as it is transmitted to the site. We will only use your credit/debit card number for the processing of our payment. Other sensitive information that we may collect will not be disclosed to third parties unless we are required to do so by law. In the event that our security system is breached, we will attempt to notify you as soon as possible.
Changes to the Information Collected
We will post any substantial changes to this privacy policy at least thirty (30) days prior to the effective date of the changes. Any information collected under this current policy will remain bound by the terms of this privacy policy. After the changes take effect, all new information collected, if any, will be subject to the revised privacy policy.
Contact
If you have questions about this policy or feel that we have acted in violation of this policy, please contact us at:
4U Benefits
3070 Broadmoor SE, Suite A
Grand Rapids, Michigan 49512
Telephone: 616-942-2200
Facsimile: 616-942-2202
E-mail: service@4ubenefits.com
Cookies
Cookies are bits of computer code that can be accessed by our computer when you visit the site. Cookies allow us to collect information about you so that your experience on the site will be as customized as possible. In addition, third party advertisers often use cookies to track information about what ads you have seen and the types of things that you are interested in. Each advertiser has its own privacy practices and you should contact each advertiser’s website regarding its privacy practices and your ability to choose whether information about your browsing habits is collected. You can prevent cookies from being placed on your computer by accessing your browser's preferences menu.
Affirmative Consent
By affirmatively consenting, you are giving us your express consent to use the personally identifiable information that we collect about you for marketing and advertising purposes. This includes the release of this information to third parties. In no event will we ever release your credit/debit card or payment information, except as is necessary to receive payment. This affirmative consent merely allows us to use the other information that we have collected about you.
Personally Identifiable Information
We consider any information that could reasonably be used to identify you personally as personally identifiable information. This includes, but is not limited to:
- Your name,
- Your address,
- Your e-mail address,
- Your Social Security number,
- Your password,
- Bank account information,
- Credit card information, and
- Any combination of data that could be used to identify you such as your birth date, your zip code and your gender.