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Privacy Policy

This Privacy Policy describes how BenefitsAlly LLC (“BenefitsAlly”) collects, uses, and discloses the personal information that we collect from you when you use the BenefitsAlly website and any services that may be available through the website.

By using the BenefitsAlly website and our services, you consent to the information collection and use practices described in this Privacy Policy. Your use of our website and services is subject to this Privacy Policy and our Terms of Use, including its limitations on damages.

For the purposes of this Privacy Policy, “Personal Information” means information that would allow a third party to learn your identity or contact you, including, for example, your full name, address, telephone number, email address, or credit card number.

BenefitsAlly considers your privacy a top priority and we make sure that we go to great lengths to protect it. We reserve the right to update this privacy from time to time.

INFORMATION WE COLLECT

When you use our website and our services, we collect information from you.

The primary information collected by us will be your email address for purposes of sending you our e-mail newsletter. We may request your personal information if you choose to contact us via any “Contact” or “Help” links, sign up for any services that may be offered either now or in the future, or otherwise communicate with us in any fashion. This information may include your name, email address, and zip code.

We may use your personal information to provide services that you have requested, respond to your requests, and send you communications, as well as for auditing, research, and analysis to improve the products offered on our website. You always will be given the opportunity to unsubscribe from further emails in any promotional messages that we send to you.

You must be at least 18 years old to use our website and/or services and BenefitsAlly will not collect any information from anyone under the age of 13.

ADDITIONAL INFORMATION WE COLLECT

We may also collect non-personal information from you. When you access our website, we may collect such things as your IP address, browser type, operating system, referring URL, service provider, and other general information about our visitors. This information, on its own, cannot usually be used to identify you. We may at times also collect automatically generated data that will help diagnose problems with our server, help administer our website, analyze trends, track user movement, or gather demographic information for purposes of improving the website and out services.

USE OF INFORMATION AND DISCLOSURE OF PERSONAL INFORMATION

We may use your information:

To understand how users access and use our website and services, both on an aggregated and individualized basis, in order to improve our website and services and respond to user desires and preferences.
As necessary to comply with our legal obligations, resolve disputes, enforce our agreements (including this Privacy Policy and the Terms of Use), to protect or defend our rights, to investigate, prevent, or take action regarding illegal activities, suspected fraud, and situations involving potential threats to the safety of any person.
BenefitsAlly will not sell or rent your contact information to marketers.

To help us provide superior service, your personal information may be shared with the holder of the copyrights to the website who will take steps to safeguard it in accordance with our privacy policy.

There are also times when BenefitsAlly may make certain personal information about you available to companies or individuals to provide products and services to you on our behalf. These companies may help us process information, deliver products to you, manage and enhance customer data, provide customer service, assess your interest in our products and services, or conduct customer research or satisfaction surveys. Some of these companies may be third party vendors. We call them our “Service Providers.” We may share personally identifiable information with Service Providers solely as appropriate for them to perform their functions, but they may not use such information for any other purpose. Without such information being made available, it would be difficult for you to purchase products, have products delivered to you, receive services, receive customer service, provide us feedback to improve our products and services, or access certain services, offers, and content on the website.

At times we may be required by law or litigation to disclose your personal information. We may also disclose information about you if we determine that for national security, law enforcement, or other issues of public importance, disclosure is necessary.

USE OF COOKIES AND OTHER TRACKING TECHNOLOGY

We use cookies and other tracking technologies to collect information about you and about your use of our website and services. We may combine this information with other personal information we collect from you. We use this information to enhance and personalize your experience while using this website and our services, to track user activities in order to understand how users use our website, and to improve our website and services. You may have the ability to decline to permit cookies or other tracking technology, but in that case we cannot promise you that all features of the website will function properly as a result.

We may also use third party vendors to track and analyze website data. We use the data collected by such third parties to help us administer and improve the quality of the website and to analyze website usage. Such third parties may combine the information that we provide about you with other information that they have collected. This Policy does not cover such third parties’ use of the data.

We also gather certain information automatically and store it in log files. This information includes Internet Protocol (IP) addresses, browser type, Internet Service Provider (ISP), referring/exit pages, operating system, date/time stamp, and clickstream data. We use this information, which does not identify individual users, to analyze trends, to administer the site, to track users’ movements around the site and to gather demographic information about our user base as a whole. BenefitsAlly will not use or share this type of collected information to market directly to that person.

We use automated devices and applications, such as Google Analytics, to evaluate usage of our website. We may also use other analytic means to evaluate our services. We use these tools to help us improve our services, performance and user experiences. We do not share your personal information with these third parties.

We will abide by any “do not track” technology that you may choose to utilize, although, as described above with cookies, such technology may negatively affect the functionality of the website.

THIRD PARTY AD NETWORKS

We may use third parties such as network advertisers to display advertisements on our website. Network advertisers are third parties that display advertisements based on your visits to our website as well as other websites. This enables us and these third parties to target advertisements by displaying ads for products and services in which you might be interested. Third party ad network providers, advertisers, sponsors and/or traffic measurement services may use cookies, JavaScript, web beacons (including clear GIFs), Flash LSOs and other technologies to measure the effectiveness of their ads and to personalize advertising content to you. These third party cookies and other technologies are governed by each third party’s specific privacy policy, not this one. We may provide these third-party advertisers with information about your usage of our website and our services, as well as aggregate or non-personally identifiable information about visitors to our website and users of our service.

THIRD PARTY WEBSITES

This website may contain links to other websites. Please note that we have no control over, and are not responsible for, these third party websites. Once you click on one of these links, you are entering a website separate from www.benefitsally.com We recommend that you review the privacy policies on all such websites as their policies may differ from ours.

SECURITY

We have implemented reasonable security measures to protect against unauthorized access to and unlawful interception or processing of your Personal Information. Unfortunately, no data transmission over the Internet is 100% secure. While we strive to protect your Personal Information, we cannot ensure or warranty the security of any such Personal Information.

CALIFORNIA RESIDENTS

California residents may choose to request certain information regarding our disclosure of Personal Information to third parties for their direct marketing purposes or choose to opt out of such disclosure. To make a request or to opt out at any time, please contact us at cfisher@benefitsally.com. Please use the subject line “CA Request for Information”.

CHANGES

We may change this Privacy Policy from time to time, and the updated version will be posted on our website in place of the old version. We will also include the date that the currently displayed Privacy Policy took effect to help you determine whether there have been any changes since you last used our website. If we make a material modification to this Privacy Policy, we will notify you by sending an email to the email address you have provided (if any) and by other means where appropriate. If you do not agree with the terms of any updated Privacy Policy, you must immediately cease using our website and services.

Legal Disclaimer

Our website and app operate AS-IS, and we do not represent or warrant that they will be available at all times, or that your use of the website and/or app will be uninterrupted or error-free. We are not responsible for your ability to access the website or app, or for matters beyond our control. This Privacy Policy is governed by Texas law, without regard to its choice or conflicts of law provisions.

CONTACT

If you have any questions about this Privacy Policy, the practices of this site, or your dealings with this site, please contact us at cfisher@benefitsally.com.

Terms of Use

INTRODUCTION

Thank you for using the BenefitsAlly website. Access to and use of this website is provided by BenefitsAlly LLC (“BenefitsAlly”). By accessing and/or using this website and any services made available by BenefitsAlly, you agree to be legally bound by these Terms of Use (“Terms” or “Agreement”). You represent that you have read and understood these Terms which represent a legally binding contract between you and BenefitsAlly. If you do not agree to be bound by these Terms, please do not use the website. BenefitsAlly reserves the right to change the terms of this Agreement or to change, modify or otherwise alter any features of this website at any time and for any purpose without notice. You should visit this page regularly and review this Agreement for the current terms of this Agreement, since your continued access or use of the website will be deemed as an irrevocable acceptance of any such changes, modifications or alteration.

Any references to “we”, “our”, “the website” or “services” refers to BenefitsAlly. Any references to “you”, “your”, or “User” refers to anyone accessing this website.

This Agreement incorporates the BenefitsAlly Privacy Policy which can be found at www.benefitsally.com/privacy

BASIC TERMS

Users must be at least eighteen (18) years old in order to use the website and our services. By using this website and our services, you represent, acknowledge and agree that you are at least 18 years of age and have the right, authority and capacity to agree to and abide by these Terms.

You also represent that you will use the website and our services in a manner consistent with any and all applicable laws and regulations.

You agree that you will only use this website for lawful purposes and in accordance with all applicable laws.

BenefitsAlly may terminate this Agreement and your use of this website and our services at any time without notice if we believe that you are less than 18 years old, if you have violated this Agreement in any other way, or for any other reason.

PRIVACY

Please review BenefitsAlly’ privacy policy which is available at www.benefitsally.com/privacy. The Privacy Policy explains how we treat any information that we might collect from you. You agree that we may treat your personal information in accordance with our Privacy Policy, which is hereby incorporated by reference into this Agreement.

INTELLECTUAL PROPERTY

The website and services and all materials contained therein or transferred thereby, including, without limitation, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music, and user content, and all Intellectual Property Rights related thereto, are the exclusive property of BenefitsAlly and its licensors. Except as explicitly provided herein, nothing in this Agreement shall be deemed to create a license in or under, any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any materials or content accessible on the website.

Except as expressly provided elsewhere by this website, you may not copy, reproduce, distribute, publish, enter into a database, display, perform, modify, create derivative works, transmit, or in any way exploit any part of this website, except that you may access and display material and all other content displayed on this website for non-commercial, personal, entertainment use on a single computer only. Without limiting the generality of the foregoing, you may not distribute any part of this website over any network, including a local area network, nor sell or offer it for sale. In addition, these files may not be used to construct any kind of database. Except as expressly provided elsewhere by this website, any authorization to copy material granted by BenefitsAlly in any part of this website for any reason is restricted to making a single copy for non-commercial, personal, entertainment use on a single computer only, is subject to your keeping intact all copyright and other proprietary notices, and use of any material on any other website or networked computer environment is prohibited. Also, decompiling, reverse engineering, disassembling, or otherwise reducing the code used in any software on this website into a readable form in order to examine the construction of such software and/or to copy or create other products based (in whole or in part) on such software, is prohibited.

“BenefitsAlly” is a trademark used by us to uniquely identify our website, business, and service. You agree not to use this trademark anywhere without our prior written consent. Additionally, you agree not to use our trade dress, or copy the look and feel of our website or its design, without our prior written consent. You agree that this paragraph goes beyond the governing law on intellectual property, and includes prohibitions on any competition that violates the provisions of this paragraph.

DMCA NOTICE

The Digital Millennium Copyright Act of 1998 (the “DMCA“) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials hosted by BenefitsAlly infringe upon your copyright, you (or your agent) may send us a notice requesting that the material be removed, or access to it blocked. The notice must include the following information as required by 17 USC. § 512(c)(3)(A):

(a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed (or if multiple copyrighted works located on the site are covered by a single notification, a representative list of such works); (c) identification of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to allow Indeed to locate the material on the site; (d) the name, address, telephone number, and email address (if available) of the complaining party; (e) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (f) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send BenefitsAlly a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA. Notices and counter-notices should be sent in writing to cfisher@benefitsally.com Attn: Copyright Notice. Please be aware that there are penalties for false claims under the DMCA.

UNAUTHORIZED ACTIVITIES

You understand and agree that you are solely responsible for compliance with any and all laws, rules, regulations, and tax obligations that may apply to your use of our website and/or services. In connection with your use of our website and services, you agree that you will not:

violate any local, state, provincial, national, or other law or regulation, or any order of a court, including, without limitation, zoning restrictions, and tax regulations;
hack, crack, phish, SQL inject, or otherwise interfere with the integrity of the computer systems of our website, Service, or Users;
defame anyone;
defraud, mislead, or otherwise act dishonestly;
copy, store, or otherwise access any information contained on the website or within any content appearing therein, for purposes not expressly permitted by these Terms;
use the website or services for any commercial or other purposes that are not expressly permitted by these Terms;
use the website or services to transmit, distribute, post or submit any information concerning any other person or entity ;
stalk or harass any other user of the website or services or collect or store any personally identifiable information about any other user;
impersonate any person or entity, or falsify, or otherwise misrepresent yourself or your affiliation with any person or entity;
run any bots or other software to aggregate or browse our content;
post false information
infringe on anyone’s intellectual property rights;
otherwise act in a manner which, at BenefitsAlly’s sole discretion, is objectionable.

THIRD PARTY LINKS AND SERVICES

This website may contain links to third-party websites, advertisers, services, or other events or activities that are not owned or controlled by BenefitsAlly. BenefitsAlly does not endorse or assume any responsibility for any third-party sites, information, materials, products, or services. If you access a third-party website or use a third-party service, you do so at your own risk, and you understand that this Agreement and our Privacy Policy do not apply to your use of such third-party sites or services. You expressly relieve BenefitsAlly from any and all liability arising from your use of any third-party website, service, or content. Additionally, your dealings with or participation in promotions of advertisers found on this website, including payment and delivery of goods, and any other terms (such as warranties) are solely between you and such third parties. You agree that BenefitsAlly shall not be responsible for any loss or damage of any sort relating to your dealings with such third parties.

DISCLAIMER OF WARRANTIES

Your use of this website is at your own risk. To the maximum extent permitted by law, this website and all the materials, information, software, facilities, services and other content in this website are provided “as is” and “as available” without warranties of any kind, either express or implied. To the maximum extent permitted by law, BenefitsAlly disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose and non-infringement. BenefitsAlly does not warrant that the functions contained in this website will be available, uninterrupted or error-free, that defects will be corrected, or that the servers that make the website available are free of viruses or other harmful components. BenefitsAlly does not warrant or make any representations regarding the use or the results of the use of the material, information, software, facilities, services or other content in this website or any sites linked to this website in terms of their correctness, accuracy, reliability, or otherwise. BenefitsAlly makes no warranties that your use of the materials, information, software, facilities, service or other content in this website will not infringe the rights of others and BenefitsAlly assumes no liability or responsibility for errors or omissions in such materials, information, software, facilities, service or other content of this website. If applicable law does not allow the exclusion of some or all of the above implied warranties to apply to you, the above exclusions will apply to you only to the extent permitted by applicable law.

LIMITATION OF LIABILITY

BENEFITSALLY SHALL NOT BE LIABLE TO YOU FOR ANY DAMAGES RESULTING FROM ANY INFORMATION OR ADVICE GIVEN TO YOU BY ANY EMPLOYEES, AGENTS, OFFICERS, OWNERS, DIRECTORS, SHAREHOLDERS, OR AFFILIATES OF BENEFITSALLY. IN NO EVENT SHALL BENEFITSALLY BE LIABLE TO YOU FOR ANY INDIRECT, EXTRAORDINARY, EXEMPLARY, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE) HOWEVER ARISING, EVEN IF BENEFITSALLY KNOWS THERE IS A POSSIBILITY OF SUCH DAMAGE.

INDEMNITY

You agree to indemnify and hold harmless BenefitsAlly and its principals, shareholder, agents, officers, directors, consultants, subsidiaries, licensors, and employees from any and all claims, damages, obligations, payments, deficiencies, fines, judgments, settlements, losses, liabilities, costs or debt, and expenses (including, but not limited to, attorney’s fees) arising from or relating to: (I) any third-party claim, suit, action or proceeding arising out of the breach of BenefitsAlly’ representations and warranties contained herein; (ii) your use and access to any of BenefitsAlly services, including any data or content transmitted or received by you; (iii) your violation of any term of this Agreement; or (iv) your violation of any third-party right, including without any limitation, any rights of privacy or intellectual property rights.

GOVERNING LAW

This Agreement and any Disputes shall be governed by the internal substantive laws of the State of Texas, without regard to its choice or conflicts of law provisions.

GENERAL

If any provision of this Agreement is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect. BenefitsAlly’s failure to enforce any term of this Agreement shall not be deemed as a waiver of such term or otherwise affect BenefitsAlly’s ability to enforce such term at any point in the future. This Agreement is the entire agreement between you and BenefitsAlly and supersedes all prior or contemporaneous negotiations, discussions or agreements between you and BenefitsAlly about the Site. The proprietary rights, disclaimer of warranties, representations made by you, indemnities, limitations of liability and general provisions shall survive any termination of this Agreement.

CHANGES

BenefitsAlly may make changes to the content and features of the site and the services at any time, with or without notice to you. BenefitsAlly can change or update this Agreement at any time by posting an Updated Terms of Use on www.BenefitsAlly.com. If we make a material modification to this Agreement or the Privacy Policy, we will notify you by sending an email to the email address you have provided to us or by displaying an announcement on the website for thirty (30) days, after which the notice will be removed. If you do not agree to any of the updated terms, you must stop using the website and services immediately.

NOTICES

BenefitsAlly may provide notifications, whether such notifications are required by law or are for marketing or other business related purposes, to you via email notice, written or hard copy notice, or through conspicuous posting of such notice on our website, as determined by BenefitsAlly in its sole discretion. BenefitsAlly reserves the right to determine the form and means of providing notifications to our Users. BenefitsAlly is not responsible for any automatic filtering you or your network provider may apply to email notifications we send to the email address you provide us.

Under California Civil Code Section 1789.3, California users of the website receive the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112 Sacramento, CA 95834, or by telephone at (800) 952-5210.

CONTACT

Any inquiries about your rights under these Terms, or any other matters regarding your privacy, can be directed to cfisher@benefitsally.com.

Terms of Use: Vendors

Thank you for using the BenefitsAlly website to advertise your services. Access to and use of this website is provided by BenefitsAlly LLC (hereinafter “BenefitsAlly” or “Company”), a business incorporated under the laws of the State of Texas.

This Agreement is in addition to the general Terms of Use that can be found at https://benefitsally.com/terms-and-conditions/ which is incorporated by reference as if fully set forth herein. If any paragraph in the general Terms of Use contradict any terms contained herein, the terms set forth in this document shall control.

YOUR CONSENT

By signing up to use this website and any services made available by BenefitsAlly, you agree to be legally bound by these Terms of Use (“Terms” or “Agreement”). You warrant that you have read and understood these Terms, which represent a legally binding contract between you and BenefitsAlly.

If you do not agree to be bound by these Terms, please immediately notify BenefitsAlly in writing, cease your use of the website, and grant permission to BenefitsAlly to remove any material that you may have within the website. Otherwise, your continued access or use of the website will be deemed an irrevocable acceptance of these terms and any changes, modifications, or alteration that may be made within the general Terms of Use policy.

YOUR REPRESENTATIONS AND WARRANTIES

You hereby represent, acknowledge, and agree that you are at least eighteen (18) years old, which is a requirement to use the website and services.

You also represent that you will use the website and services in a manner consistent with any and all applicable laws and regulations, including all applicable copyright and intellectual property rules. Under this paragraph, if you are not the owner (or their authorized agent) of the images, graphics, and other materials that you submit to be displayed on this website, you are in violation of this paragraph and the Agreement as a whole, and you agree to indemnify BenefitsAlly as set forth in the Paragraph entitled “Indemnity.”

If there is any change to the material, costs, terms, or other information provided to BenefitsAlly at any point after such information is on display, you agree to immediately resubmit this form with the updated version of your materials.

NOTE: BenefitsAlly may terminate this Agreement and your use of this website and our services at any time without notice if we believe that you are less than 18 years old, if you have violated this Agreement in any other way, or for any other reason as may be determined within our sole discretion.

INTELLECTUAL PROPERTY

You represent that all materials including, without limitation, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music, and all Intellectual Property Rights related thereto, are the exclusive property of you and your licensors. As such, under this Agreement, you grant a revocable, non-exclusive license of such Intellectual Property Rights to BenefitsAlly for the sole purpose of your use of the website and its ability to connect with other users, such as benefit advisors, and for BenefitsAlly to display the materials you provide. This license is revocable at any time upon written notice to BenefitsAlly and your cessation of the use of our website and services.

Except as expressly provided elsewhere by this website, you may not copy, reproduce, distribute, publish, enter into a database, display, perform, modify, create derivative works, transmit, or in any way exploit any other part of this website, except that you may access and display material and all other content displayed on this website for non-commercial, personal, entertainment use on a single computer only. The foregoing in no way infringes upon your ownership and ability to modify the materials provided by you.

“BenefitsAlly” is a trademark used by us to uniquely identify our website, business, and service. You agree not to use this trademark anywhere without our prior written consent. Additionally, you agree not to use our trade dress, or copy the look and feel of our website or its design, without our prior written consent. You agree that this paragraph goes beyond the governing law on intellectual property and includes prohibitions on any competition that violates the provisions of this paragraph.

NO GUARANTEE: DISCLAIMER OF WARRANTIES

Your use of this website is at your own risk. To the maximum extent permitted by law, this website and all the materials, information, software, facilities, services, and other content in this website are provided “as is” and “as available” without warranties of any kind, either express or implied. There is no guarantee that you will receive any benefit or revenue by using these services, and to the maximum extent permitted by law, BenefitsAlly disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose and non-infringement. BenefitsAlly does not warrant that the functions contained in this website will be available, uninterrupted, or error-free, that defects will be corrected, or that the servers that make the website available are free of viruses or other harmful components. BenefitsAlly makes no warranties that your use of the materials, information, software, facilities, service, or other content in this website will not infringe the rights of others and BenefitsAlly assumes no liability or responsibility for errors or omissions in such materials, information, software, facilities, service, or other content of this website.

LIMITATION OF LIABILITY

BENEFITSALLY SHALL NOT BE LIABLE TO YOU FOR ANY DAMAGES RESULTING FROM ANY INFORMATION OR ADVICE GIVEN TO YOU BY ANY EMPLOYEES, AGENTS, OFFICERS, OWNERS, DIRECTORS, SHAREHOLDERS, OR AFFILIATES OF BENEFITSALLY. IN NO EVENT SHALL BENEFITSALLY BE LIABLE TO YOU FOR ANY INDIRECT, EXTRAORDINARY, EXEMPLARY, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE) HOWEVER ARISING, EVEN IF BENEFITSALLY KNOWS THERE IS A POSSIBILITY OF SUCH DAMAGE.

INDEMNITY

You agree to indemnify and hold harmless BenefitsAlly and its principals, shareholder, agents, officers, directors, consultants, subsidiaries, licensors, and employees from any and all claims, damages, obligations, payments, deficiencies, fines, judgments, settlements, losses, liabilities, costs or debt, and expenses (including, but not limited to, attorney’s fees) arising from or relating to: (i) any third-party claim, suit, action, or proceeding arising out of the breach of your representations and warranties contained herein; (ii) your use and access to any of BenefitsAlly services, including any data or content transmitted or received by you; (iii) your violation of any term of this Agreement; or (iv) your violation of any third-party right, including without any limitation, any rights of privacy or intellectual property rights.

GOVERNING LAW

This Agreement and any Disputes shall be governed by the internal substantive laws of the State of Texas, without regard to its choice or conflicts of law provisions. In the event that any dispute arises under the terms hereunder, you agree that jurisdiction and venue are proper in the State of Texas.

GENERAL

If any provision of this Agreement is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect. BenefitsAlly’s failure to enforce any term of this Agreement shall not be deemed as a waiver of such term or otherwise affect BenefitsAlly’s ability to enforce such term at any point in the future. This Agreement is the entire agreement between you and BenefitsAlly and supersedes all prior or contemporaneous negotiations, discussions or agreements between you and BenefitsAlly. The proprietary rights, disclaimer of warranties, representations made by you, indemnities, limitations of liability and general provisions shall survive any termination of this Agreement.

NOTICES

This paragraph serves as your agreement that BenefitsAlly may provide notifications, whether such notifications are required by law or are for marketing or other business-related purposes, to you via email notice, written or hard copy notice, or through conspicuous posting of such notice on our website, as determined by BenefitsAlly in its sole discretion.

Under California Civil Code section 1789.3, California users of the website receive the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112 Sacramento, CA 95834, or by telephone at (800) 952-5210.

CONTACT

Any inquiries about your rights under these Terms can be directed to insights@benefitsally.com.