Acceptance of Terms
THIS AGREEMENT CONTAINS WARRANTY DISCLAIMERS AND OTHER PROVISIONS THAT LIMIT OUR LIABILITY TO YOU. PLEASE READ THIS AGREEMENT IN ITS ENTIRETY. If you do not agree to these TOS, please do not use the Site.
By using this Site, you represent that you are at least 18 years old and that you are legally able to agree to these TOS.
Description of Products & Services Description
We provide a free, informational platform where users can interact with our custom content and subscribe to receive communications from Us (the “Service”). You agree that the Service may include various communications from Us to You via SMS and/or e-mail, such as service announcements and administrative messages, and that these communications are considered part of your subscription to Our Service. Unless explicitly stated otherwise, any new features that amplifies or enhances the current Site or Service, shall be subject to the TOS. You understand and agree that the Service is provided “AS-IS”. You are responsible for obtaining access to the Site and Service and that access may involve third party fees (such as Internet service provider or airtime charges). You are responsible for said fees, including any fees associated with the display or delivery of Our communications. You must provide, and are responsible for, all equipment needed to access the Site and Service.
Your Use of the Site and the Service
You agree to not use the Site or Service to:
1. upload, post, email, transmit or otherwise make available any content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise offensive;
2. harm or disturb minors in any way;
3. upload, post, email, transmit or otherwise make available any content that You do not have a right to make available under any law or under contractual or fiduciary relationships (such as insider information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
4. upload, post, email, transmit or otherwise make available any content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
5. upload, post, email, transmit or otherwise make available any material that contains software viruses, or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software, hardware or telecommunications equipment;
6. interfere with or disrupt the Site or Service or servers or networks connected to the Site or Service, or violate any requirements, procedures, policies or regulations of networks connected to the Site or Service; or
7. intentionally or unintentionally violate any applicable local, state, national or international law, and any regulations having the force of law.
You acknowledge that We may or may not pre-screen content, but Company and Our designees shall have the right to (but not the obligation), in their sole discretion, pre-screen, refuse, or move any content that is available via the Site or Service. Without limiting the foregoing, Company and its designees shall have the right to remove any content that violates the TOS or is otherwise offensive. You agree that You must evaluate, and bear all risks associated with, the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content.
You acknowledge, consent and agree that We may access, preserve, and disclose your subscriber information and content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the TOS; (c) respond to claims that any content violates the rights of third parties; (d) respond to your requests for customer service; (e) protect the rights, property, or personal safety of Company, its users and the public; or (f) subject to a legally issued subpoena or court order.
You understand that the technical processing and transmission of the Site and Service, including your content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
The Site contains intellectual property owned by Us and other third parties. The Site hereby grants you a limited license to use the Site solely for your personal, non-commercial use, subject to these TOS. No other use of the Site is authorized, and the design and layout of the Site are specifically excluded from the above limited license. Framing of the Site is strictly prohibited.
The Site, Service, technology, and/or processes described and/or used on the Site may be the subject of intellectual property rights reserved by the Site or other third parties. The UtilityExpenseRelief.com logo, any trademarks, service marks and other UtilityExpenseRelief.com logos, product and service names are trademarks of UtilityExpenseRelief.com. Except for the limited license granted above, nothing contained herein shall be construed as conferring to You in any manner, whether by implication, estoppel or otherwise, any license, title, or ownership of or to any intellectual property right of the Site or any third party (including any trademarks).
You understand that the Service and software embodied within the Service may include security components that permit digital materials to be protected, and use of these materials is subject to usage rules set by Company and/or content providers who provide content to the Service. You may not attempt to override or circumvent any of the usage rules embedded into the Service. Any unauthorized reproduction, publication, further distribution or public exhibition of the materials provided on the Service, in whole or in part, is strictly prohibited. You are prohibited from violating or attempting to violate any security features of the Site, including, without limitation, (a) accessing content or data not intended for you, or logging onto a server or account that you are not authorized to access; (b) attempting to probe, scan, or test the vulnerability of the Site, or any associated system or network, or to breach security or authentication measures without proper authorization; (c) interfering or attempting to interfere with service to any user, host, or network, including, without limitation, by means of submitting a virus to the Site, overloading, “flooding,” “spamming,” “mail bombing,” or “crashing”; or (d) attempting to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used to provide the Site. Any violation of system or network security may subject you to civil and/or criminal liability.
You agree to defend, indemnify and hold Company, and its subsidiaries, officers, agents, co-branders or other partners, and employees, harmless from any claim, complaint, demand or lawsuit, including reasonable attorneys’ fees, made by any third party due to or arising out of or related to your breach of these TOS, your subscription, or your use of the Site or Service.
No Resale of Service
The Service is non-transferable. You may not to reproduce, duplicate, copy, disseminate, sell, trade, resell or exploit for any commercial purposes, any portion of the Service, use of the Service, or access to the Service.
Modifications to Site and Services
Company reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Site and/or Service (or any part thereof) with or without notice. You agree that Company shall not be liable to You or to any third party for any modification, suspension or discontinuance of the Site and/or Service.
Third Party Links and Advertisements
The Site may contain links to third party websites. However, no representations or warranties are made with respect to any information, products, or services provided by such third parties, or which is contained in or at such third party websites and there shall be no liability for any damages or injury arising from the conduct of such third parties, and/or the content of such third party websites. You agree to hold Us harmless from any claims which you may have against a third party that contacted you based on your request, or which you linked to or accessed through the Site.
You agree that We may, under certain circumstances and without prior notice, immediately terminate your subscription/account and access to the Site and/or Service. Cause for termination shall include, but not be limited to, (a) breaches or violations of the TOS or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by You (self-initiated account deletions), (d) discontinuance or material modification to the Service (or any part thereof), (e) unexpected technical or security issues or problems, and/or (f) You have engaged in fraudulent or illegal activities. Termination of your subscription/account includes (a) removal of access to all offerings within the Site or Service; (b) deletion of all related information, text associated to codes, comments, activity reports and content associated with or inside your subscription/account (or any part thereof), and (c) barring further use of the Site and Service. Further, You agree that all terminations for cause shall be made at the sole discretion of Company and that Company shall not be liable to You or any third-party for any termination of your subscription/account or access to the Site or Service.
Disclaimer of Warranties
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
YOUR USE OF THE SITE AND SERVICE IS AT YOUR SOLE RISK. THE SITE AND SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
COMPANY MAKES NO WARRANTY THAT (i) THE SITE OR SERVICE WILL MEET YOUR REQUIREMENTS, (ii) USE OF THE SITE OR SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE OR SERVICE WILL BE ACCURATE OR RELIABLE, AND (iv) ANY ERRORS IN THE SITE OR SERVICES WILL BE CORRECTED.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH OR FROM THE SITE OR SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
A SMALL PERCENTAGE OF USERS MAY EXPERIENCE EPILEPTIC SEIZURES WHEN EXPOSED TO CERTAIN LIGHT PATTERNS OR BACKGROUNDS ON A COMPUTER SCREEN OR WHILE USING THE SERVICE. CERTAIN CONDITIONS MAY INDUCE PREVIOUSLY UNDETECTED EPILEPTIC SYMPTOMS EVEN IN USERS WHO HAVE NO HISTORY OF PRIOR SEIZURES OR EPILEPSY. IF YOU, OR ANYONE IN YOUR FAMILY, HAVE AN EPILEPTIC CONDITION, CONSULT YOUR PHYSICIAN PRIOR TO USING THE SITE OR SERVICE. IMMEDIATELY DISCONTINUE USE OF THE SERVICE AND CONSULT YOUR PHYSICIAN IF YOU EXPERIENCE ANY OF THE FOLLOWING SYMPTOMS WHILE USING THE SITE AND SERVICE — DIZZINESS, ALTERED VISION, EYE OR MUSCLE TWITCHES, LOSS OF AWARENESS, DISORIENTATION, ANY INVOLUNTARY MOVEMENT, OR CONVULSIONS.
Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT BENEFITS DEPOT SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, 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: (i) THE USE OR THE INABILITY TO USE THE SITE OR SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SITE OR SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; OR (iv) ANY OTHER MATTER RELATING TO THE SITE OR SERVICE. 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, MISREPRESENTATION, AND ANY OTHER TORT.
EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
No Third Party Beneficiaries
You agree that, except as otherwise expressly provided in this TOS, there shall be no third party beneficiaries to this Agreement.
We may provide You with notices, including those regarding changes to the TOS, by either email, regular mail, or postings on the Site or Service.
In the event that We determine, in Our sole discretion, that You have violated these TOS, We shall have the right to immediately terminate your use of the Site and/or Service, in addition to electing to pursue any other remedies available to Us under applicable law.
Entire Agreement. The TOS constitutes the entire agreement between You and Company and governs your use of the Site and Service, superseding any prior agreements between You and Company with respect to the Service.
Waiver and Severability of Terms. The failure of Company to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect.
No Right of Survivorship and Non-Transferability. You agree that your account/subscription is non-transferable and any rights to or contents within your account/subscription terminate upon your death. Upon receipt of a copy of a death certificate, your account/subscription may be terminated and all contents therein permanently deleted.
Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Site, Service, or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred.
The section titles in the TOS are for convenience only and have no legal or contractual effect.
To contact Us with any inquiries or complaints, including any regarding these TOS, you may contact Us via email at info@UtilityExpenseRelief.com.
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