These Terms govern your use of BenefitPerqs Inc.'s online services and any and all content or information therein, and any other website pages on which services and/or products are provided by BenefitPerqs Inc. or the vendors that offer product and services through BenefitPerqs, Inc. By using this Site, you expressly signify your agreement to these terms and conditions, Including all changes and revisions to these terms and conditions. If you do not agree to these terms and conditions, then do not use the services provided by BenefitPerqs Inc. As a term of your use of BenefitPerqs Inc.'s services, you agree to carefully and periodically check this Agreement for revisions and amendments to these terms and conditions. BenefitPerqs Inc. reserves the exclusive right to revise these terms and conditions at any time. Any revision or amendment to the terms and conditions will be effective immediately upon posting to BenefitPerqs Inc.'s website ("Site"), and your continued use of the services provided by BenefitPerqs Inc., subsequent to the posting of any revisions or amendment, constitutes your acceptance of such revisions and amendments. BenefitPerqs Inc. reserves the right to refuse, restrict, suspend, or terminate any member's use of its services at any time without notice and may do so for a member's failure to abide by these terms and conditions.
Legal Notice and Disclaimer
You agree that the use of the Site is undertaken at your own risk. No warranties are made by BenefitPerqs Inc., its subsidiaries, its agents, or any of its employees, officers or directors that the Site will operate error-free or without interruption. No warranties are made as to the accuracy of the information on the Site, the products or services offered by any merchant or vendor on the Site. Furthermore, by listing a service, product or discount, BenefitPerqs, Inc. is not endorsing, recommending or sponsoring any product or service of any merchant or vendor. Any and all transactions and alleged discounts are between you and the merchant or vendor. BenefitPerqs, Inc. is not a party to any transaction, and thus, you should take due diligence in investigating, selecting and transacting with any merchant or vendor listed on the Site. You are knowingly and voluntarily assuming all risks of using any merchant or vendor to purchase goods and services and of using any coupons or discounts listed on the Site. You agree that BenefitPerqs, Inc. shall have no liability whatsoever for any such third party transaction.
Links to Other Internet Sites
At certain places on the Site, live "links" to other internet addresses can be accessed. Such external internet addresses contain information created, published, maintained, and posted by institutions and organizations independent of BenefitPerqs Inc. BenefitPerqs Inc. does not endorse, approve, certify, or control these external internet addresses and does not guarantee the accuracy, completeness, efficacy, timeliness, or correct sequencing of information located at such addresses. Use of any information obtained from such addresses is voluntary, and your reliance on it should only be undertaken after your independent review of its accuracy, completeness, efficacy, and timeliness. Reference therein to any specific commercial product, process, or service by trade name, trademark, service mark, manufacturer, or otherwise does not constitute or imply endorsement, recommendation, or favoring by BenefitPerqs Inc.
You agree to defend, indemnify, and hold harmless BenefitPerqs Inc. and its employees, contractors, vendors, corporate partners, managers, officers, shareholders, agents and directors from all liabilities, claims, losses, damages, obligations, costs, and expenses, Including attorney's fees, that arise from or relate to (a) your use of and access to the BenefitPerqs program, the Site or any services, information or products from the Site; (b) your violation or breach of any of these terms and conditions, or your representations and warranties; or (c) your violation of the rights of any third party, Including but not limited to any copyright, property, or privacy right. This defense and indemnification obligation will survive your involvement in the BenefitPerqs program. BenefitPerqs Inc. reserves the right, in its sole discretion, to assume the exclusive defense and control of any claim for which we or any of the indemnitees listed above are entitled to indemnification hereunder. In such event, you shall pay all fees and costs for such defense and shall provide BenefitPerqs Inc. with such cooperation at no charge as is reasonably requested by it to assert any available defenses.
The contents of all material available on the Site are copyrighted by BenefitPerqs Inc. unless otherwise indicated. All rights are reserved by BenefitPerqs Inc., and content may not be reproduced, downloaded, disseminated, published, or transferred in any form or by any means, except with the prior written permission of BenefitPerqs Inc., or as indicated below. As a member, you may download pages or other content for your own personal use, consistent with the mission and purpose of BenefitPerqs Inc. on a single computer. However, no part of such content may be otherwise or subsequently reproduced, downloaded, disseminated, published, or transferred, in any form or by any means, except with the prior written permission of BenefitPerqs Inc. Copyright infringement is a violation of federal law subject to criminal and civil penalties.
Arbitration and Jurisdiction
The parties expressly agree to submit any controversy to binding arbitration with the American Arbitration Association. Any controversy or claim between the parties arising out of or relating to your involvement in the BenefitPerqs Program, including but not limited to the use of the Site, shall be submitted to binding arbitration with the American Arbitration Association. The parties expressly agree that this arbitration provision and the terms and conditions set forth herein are to be governed by the Federal Arbitration Act ("FAA").These terms and conditions shall be governed by and construed in accordance with the laws of the State of Missouri, without giving effect to its conflicts of law provisions. You hereby submit, as evidenced by signing up for the BenefitPerqs Program, to the exclusive jurisdiction of the courts of Saint Louis County, Missouri for purposes of any and all litigation arising out of or relating to your involvement in the BenefitPerqs program. You waive any objections to the forum of Missouri for lack of venue, forum non convenient or any other jurisdictional ground.Should any provision in these terms and conditions be invalid or unenforceable for any reason, the remaining provisions hereof shall remain in full force and effect.The language of these terms and conditions shall be construed as a whole according to its fair meaning and not strictly for or against either party. Each party specifically waives the application of the common law doctrine that agreements are to be construed against the party who drafted the agreement.
Last Revised: November 25, 2013