1.1. All information provided through the Services, 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 information may be revised on an on-going basis and we make no guarantee concerning the accuracy of content. The information provided through the Services is not intended to be a substitute for the advice provided by your physician or other health care provider or any information contained in or on any product packaging or labels.
1.2. You should not use the information provided through the Services for diagnosing a health condition or determining how to use a particular product. You should always consult your physician or health care provider, and you should carefully read all material provided by the manufacturers of the products you receive through your prescription drug program.
2. Disclaimer of Warranties
2.1 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.”
2.2 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.
2.3 TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, BENECARD EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. THE FOREGOING MAY NOT APPLY TO YOU IF YOU LIVE IN A JURISDICTION THAT DOES NOT ALLOW OR THAT LIMITS THE DISCLAIMER OF CERTAIN WARRANTIES.
3. Limitation of Liability
3.1 To the fullest extent permitted by applicable law, 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, resulting from your use of the Services, which 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 provided through the Services; (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 BeneCard with accurate account, individual, and/or member information; and (V) your failure to keep your password or account details secure and confidential.
3.2 The limitations on BeneCard’s liability to you in Paragraph 3.1 above shall apply even if BeneCard has been advised of or should have been aware of the possibility of any such losses arising.
4. Links to Third Party Content
4.1. The Services may contain links to third-party websites, applications, or content. BeneCard has no responsibility for third-party sites, applications, or content. These links are provided for your convenience only.
4.2. BeneCard reserves the right to terminate a link to any third-party website, application or content at any time.
4.3 BeneCard’s provision of a link to any third-party website, application or content does not mean that BeneCard endorses or sponsors that third party.
5. Privacy of Information We Receive or Collect
Protected health information we collect or receive will be treated in accordance with our HIPAA Privacy Statement.
If we collect or receive personal information that is not protected health information, it will be treated in accordance with our Privacy Statement.
6. Proprietary Rights
6.1. BeneCard Content provided through the Services is protected by U.S. copyright laws.
6.2. You may print a copy of information provided through the Services 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 the website, without the prior written permission of BeneCard.
6.3. The names BeneCard Services, Inc., Benecard Services, LLC, Benecard Central Fill of PA, LLC, Benecard Central Fill of FL, LLC, National Vision Administrators, LLC and BeneCard and its registered logos, service marks, and trademarks are protected by trademark laws and may not be used in any advertising or publicity without the prior explicit written permission of BeneCard.
7. Copyright Infringement
We respect the intellectual property of others. If you believe any materials posted or accessible on the Services infringes your copyright, you may request removal of those materials (or access to them) from the Services by sending written notice to our copyright agent at: firstname.lastname@example.org
In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) (DMCA), the written notice must include substantially the following:
- Your physical or electronic signature;
- Identification of the copyrighted work you believe to have been infringed;
- Identification of the material on our Services that you believe is infringing the copyright in a sufficiently precise manner to allow us to locate the material;
- Your contact information including your name, mailing address, telephone number and, if available, email address;
- A statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent or the law;
- A statement that the information in the notice is accurate; and
- A statement, under penalty of perjury, that you are the copyright owner or are authorized to act on behalf of the copyright owner.
If you do not comply with all of these requirements, your notice may not be effective. If you knowingly misrepresent that materials on the Services infringe a copyright, you may be held liable for damages, including costs and attorney’s fees under Section 512(f) of the DMCA.
8. Prohibited Uses
Any illegal or unauthorized use of the Services shall constitute a violation of these Terms. You do not have permission to access the Services in any way that violates these Terms or any applicable law or regulation. You are expressly prohibited from doing any of the following:
- Using any device, software or other instrumentality to interfere or attempt to interfere with the proper working of the Services;
- Taking any action that imposes an unreasonable or disproportionately large load on our infrastructure;
- Introducing any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful;
- Attempting to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Services, the server(s) on which the Services are stored or hosted, or any server, computer, or database connected to the Services;
- Attacking the Services via a denial-of-service attack or a distributed denial-of-service attack;
- Using any robot, spider, or other automatic device, process, or means to access the Services for any purpose, including monitoring or copying any of the material on the Services; or
- Posting or submitting any material that is obscene, defamatory or libelous, constitutes an illegal threat, violates rights of privacy or publicity, or infringes any third party’s intellectual property rights.
We safeguard the security of the information you provide to us or that we collect with commercially reasonable measures. Among other protections, we use industry-standard SSL encryption on all web pages where personal information is required or may be submitted to us. To make purchases from any of our Site, you must use an SSL-enabled browser such as Internet Explorer, Google Chrome, or Mozilla Firefox.
Unfortunately, the transmission of information via the internet is not completely secure. Although we take reasonable steps to protect your information, we cannot guarantee the security of your information transmitted via our Site. Any transmission of information is at your own risk.
The safety and security of your information also depends on you. Please use caution when you are on the Internet to protect your personal data. Change your passwords regularly, do not share passwords, and use a combination of letters, numbers and special characters for your passwords. Always make sure you use a secure browser when on the Internet.
If you choose, or are provided with, a user name, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
You agree to notify us immediately if you discover any unauthorized access to or use of your user name or password or any other breach of security.
10. Violation of These Terms
Violations of the Terms may be investigated and appropriate action, including legal action, may be taken. If we determine, in our sole and absolute discretion, that you have violated any provision of these Terms or any applicable law or regulation, we may, at any time, terminate, restrict, or modify all or part of your access to the Services. We reserve the right to remove or delete any defamatory, damaging, illegal, or offensive content by anyone.
We may disclose any data, documents, or electronic communication from you: (i) to provide services to you; (ii) to satisfy any law, regulation, or government request; (iii) if such disclosure is necessary or appropriate to operate the Services; or (iv) to protect our rights or property or the rights of our clients, members, other users of the Services, our service providers, or other third parties.