TERMS AND CONDITIONS OF USE
These Terms and Conditions of Use (“Terms”) constitute a legally binding agreement between you, whether personally or on behalf of an entity (“you”) and Worldwide Employee Benefits Network (“WEB”) under which you may access and use WEB’s website webnetwork.com and all other websites under WEB’s control, whether partial or otherwise, and any other media form, media channel, mobile website or mobile application related, linked, or otherwise connected thereto (collectively, the “Site”).
You agree that by accessing the Site, you have read, understood, and agree to be bound by all of these Terms, including WEB’s Privacy Policy, which is incorporated by reference. If you do not accept all of these Terms, you are expressly prohibited from using the Site and you must discontinue use immediately.
- Eligibility. You must be 18 years of age or older to visit or use the Site in any manner. By visiting the Site, you represent that you are at least 18 years of age, and that you have the right, authority and capacity to accept and abide by these Terms. You also represent and warrant that you will use the Site in a manner consistent with any and all applicable laws and regulations.
- WEB’s Intellectual Property Rights. Unless otherwise indicated, the Site and the contents of the Site, including without limitation all source code, databases, data, functionality, software, website designs, trademarks, service marks, logos, button icons, audio, video, text, photographs, images, and graphics (collectively, “Content”), are owned or controlled by WEB or licensed to WEB, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the United States, foreign jurisdictions, and international conventions.
The Content is provided “AS IS” for your information and personal use only. Except as expressly provided in these Terms, no part of the Site and no Content may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without WEB’s express prior written permission.
WEB and its licensors own all rights, title and interest, including without limitation all worldwide intellectual property rights in the Site’s products and services, and all such rights to all derivative works or enhancements of, in and to, or relating to, the Site’s products and services.
By entering into this Agreement or by using the Site, you will not acquire any intellectual property or similar rights in the Site’s products or services other than a limited right to use the products or services for your personal benefit. WEB reserves all rights not expressly granted to you in and to the Site and Content.
- Use of Site Content; User Representations and Restrictions. If you are eligible to use the Site, you are granted a limited license to access and use the Site and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use. You may be required to register with the Site for certain purposes.
By using the Site, you represent and warrant that:
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- you are at least 18 years of age;
- you will comply with these Terms;
- all registration information submitted by you is true, accurate and current and you will maintain the accuracy of such information and promptly update such registration information as necessary;
- you will keep your password confidential and will be responsible for all use of your account and password;
- you will not or attempt to access or use the Site or any of its Contents for any purpose other than that for which WEB intentionally makes the Site publicly available without express written administrative permission from WEB;
- you will not or attempt to use the Site in connection with any revenue-generating or commercial endeavors except those that are specifically endorsed or approved by WEB;
- you will not or attempt to use the Site or its Content as part of any effort to compete with WEB or the Site or otherwise;
- you will not or attempt to systematically retrieve data or other Content from the Site to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from WEB;
- you will not or attempt to trick, defraud, or mislead WEB or other users in any attempt to learn sensitive account information such as user passwords;
- you will not or attempt to make improper use of WEB’s or the Site’s support services or submit false reports of abuse or misconduct;
- you will not or attempt to interfere with, disrupt, or create an undue burden on the Site or the networks or services connected to the Site;
- you will not or attempt to decipher, decompile, disassemble, or reverse-engineer any of the software comprising or in any way making up a part of the Site;
- you will not or attempt to access the Site through automated or non-human means, whether through a bot, script, or otherwise, or use any data mining, robots or similar data-gathering or extraction tools;
- you will not or attempt to use the Site or its Content on any other website or in a networked computer environment, or engage in any unauthorized framing of or linking to the Site;
- you will not or attempt to impersonate another user or person or use the username of another user;
- you will not or attempt to bypass any measures of the Site designed to prevent or restrict access to the Site, or any portion of the Site
- you will not or attempt to delete the copyright or other proprietary rights notice from any Content;
- you will not or attempt to copy or adapt the Site’s software, including but not limited to Flash, PHP, HTML, JavaScript, or other code;
- you will not or attempt to upload or transmit viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Site or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Site;
- you will not or attempt to use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Site, or using or launching any unauthorized script or other software;
- you will not or attempt to make any unauthorized use of the Site, including without limitation collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses;
- you will not or attempt to transmit, distribute, or store, alter or destroy, any portion of the Site or its Content in a manner that will infringe the copyright, trademark, trade secret or other intellectual property rights of others or violate the privacy, publicity or other personal rights of others;
- you will not or attempt to transmit, distribute, or store, alter or destroy, any portion of the Site or its Content for any illegal, unauthorized purpose or in violation of any applicable law or regulation.
- Site Management. WEB and the Site reserve the right, but not the obligation, to:
- monitor the Site for violations of these Terms;
- take appropriate legal action against anyone who, in WEB’s sole discretion, violates the law or these Terms, including without limitation, reporting such user to law enforcement authorities;
- in WEB’s sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof;
- in WEB’s sole discretion and without limitation, notice, or liability, to remove from the Site or otherwise disable all files and content that are excessive in size or are in any way burdensome to WEB’s or the Site’s systems;
- otherwise manage the Site in a manner designed to protect WEB’s and the Site’s rights and property and to facilitate the proper functioning of the Site.
- User Generated Contributions. The Site may invite you to chat, contribute to, or participate in blogs, message boards, online forums, and other functionality, and may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to the Site, including without limitation text, writings, video, audio, photographs, graphics, comments, suggestions, questions, ideas, feedback, or personal information or other material (collectively, “Contributions”).
Your Contributions may be viewable by other users of the Site and through third-party websites. As such, any Contributions you transmit may be treated as non-confidential and non-proprietary.
When you create or make available any Contributions, you thereby represent and warrant that:
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- the creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights, including without limitation the copyright, patent, trademark, trade secret, or moral rights of any third party;
- you are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to use and to authorize WEB, the Site, and other users of the Site to use your Contributions in any manner contemplated by the Site and these Terms;
- you have the written consent, release, and/or permission of each and every identifiable individual person in your Contributions to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of your Contributions in any manner contemplated by the Site and these Terms;
- your Contributions are not false, inaccurate, or misleading;
- your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation;
- your Contributions are not obscene, lewd, harassing, libelous, slanderous, or otherwise objectionable of or to WEB, the Site or any other person or entity (as determined by WEB);
- your Contributions do not violate or advocate the violation of any applicable law, regulation, or rule;
- your Contributions do not violate the privacy or publicity rights of any third party;
- your Contributions do not contain any material that solicits personal information from anyone under the age of 18 or exploits people under the age of 18 in a sexual or violent manner;
- your Contributions do not violate any federal or state law concerning child pornography, or otherwise intended to protect the health or well-being of minors;
- your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap; and
- your Contributions do not otherwise violate, or link to material that violates, any provision of these Terms, or any applicable law or regulation.
Any use of the Site in violation of the foregoing violates these Terms and may result in, among other things, termination or suspension of your rights to use the Site. For more information, see Section 21 below.
- Contribution License. By posting your Contributions to any part of the Site or making Contributions accessible to the Site by linking your account from the Site to any of your social networking accounts, you automatically grant, and you represent and warrant that you have the right to grant, to WEB and the Site an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right, and license to host, use, copy, reproduce, disclose, sell, resell, publish, broadcast, retitle, archive, store, cache, publicly perform, publicly display, reformat, translate, transmit, excerpt (in whole or in part), and distribute such Contributions (including, without limitation, your image and voice) for any purpose, commercial, advertising, or otherwise, and to prepare derivative works of, or incorporate into other works, such Contributions, and grant and authorize sublicenses of the foregoing. The use and distribution may occur in any media formats and through any media channels.
This license will apply to any form, media, or technology now known or hereafter developed, and includes WEB’s and the Site’s use of your name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names, logos, and personal and commercial images you provide. You waive all moral rights in your Contributions, and you warrant that moral rights have not otherwise been asserted in your Contributions.
Neither WEB nor the Site assert any ownership over your Contributions. You retain full ownership of all of your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions. Neither WEB nor the Site is liable for any statements or representations in your Contributions provided by you in any area on the Site.
You are solely responsible for your Contributions to the Site and you expressly agree to exonerate WEB from any and all responsibility and to refrain from any legal action against WEB or the Site regarding your Contributions.
WEB and the Site have the right, in their sole and absolute discretion, (1) to edit, redact, or otherwise change any Contributions; (2) to re-categorize any Contributions to place them in more appropriate locations on the Site; and (3) to pre-screen or delete any Contributions at any time and for any reason, without notice. Neither WEB nor the Site has no obligation to monitor your Contributions.
- Submissions Regarding the Site. You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding the Site (“Submissions”) provided by you to WEB or the Site are non-confidential and shall become WEB’s sole property. WEB shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of your Submissions for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you.
You hereby waive all moral rights to any such Submissions, and you hereby warrant that any such Submissions are original with you or that you have the right to submit such Submissions. You agree there shall be no recourse against WEB for any alleged or actual infringement or misappropriation of any proprietary right in your Submissions.
- Guidelines for Reviews. The Site may provide you areas to leave reviews or ratings. When posting a review, you must comply with the following criteria:
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- you should have firsthand experience with the person/entity being reviewed;
- your reviews should not contain offensive profanity, or abusive, racist, offensive, or hate language;
- your reviews should not contain discriminatory references based on religion, race, gender, national origin, age, marital status, sexual orientation, or disability;
- your reviews should not contain references to illegal activity;
- you should not be affiliated with competitors if posting negative reviews;
- you should not make any conclusions as to the legality of conduct;
- you may not post any false or misleading statements;
- you may not organize a campaign encouraging others to post reviews, whether positive or negative.
The Site may accept, reject, or remove reviews in its sole discretion. WEB has absolutely no obligation to screen reviews or to delete reviews, even if anyone considers reviews objectionable or inaccurate. Reviews are not endorsed by WEB or the Site, and do not necessarily represent WEB’s opinions or the views of any of its affiliates or partners.
WEB does not assume liability for any review or for any claims, liabilities, or losses resulting from any review. By posting a review, you hereby grant to WEB a perpetual, non-exclusive, worldwide, royalty-free, fully-paid, assignable, and sublicensable right and license to reproduce, modify, translate, transmit by any means, display, perform, and/or distribute all content relating to reviews.
- Social Media. As part of the functionality of the Site, you may be permitted to link your account with online accounts you have with third-party service providers (each such account, a “third-party account”) by either: (1) providing your third-party account login information through the Site; or (2) allowing WEB or the Site to access your third-party account, as is permitted under the applicable terms and conditions that govern your use of each third-party account.
You represent and warrant that you are entitled to disclose your third-party account login information to WEB and/or grant WEB and/or the Site access to your third-party account, without breach by you of any of the terms and conditions that govern your use of the applicable third-party account, and without obligating WEB to pay any fees or making WEB or the Site subject to any usage limitations imposed by the third-party service provider of the third-party account.
By granting WEB and the Site access to any third-party account, you understand that (1) WEB and the Site may access, make available, and store (if applicable) any content that you have provided to and stored in your third-party account (your “social network content”) so that it is available on and through the Site via your account, including without limitation any friend lists and (2) WEB and the Site may submit to and receive from your Third-Party Account additional information to the extent you are notified when you link your account with the third-party account.
Depending on the third-party account you choose and subject to the privacy settings that you have set in such third-party account, personally identifiable information that you post to your third-party account may be available on and through your account on the Site.
Please note that if a third-party account or associated service becomes unavailable, or WEB’s or the Site’s access to such third-party account is terminated by the third-party service provider, then your social network content may no longer be available on and through the Site. You will have the ability to disable the connection between your account on the Site and your third-party account at any time.
PLEASE NOTE THAT YOUR RELATIONSHIP WITH THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS.
Neither WEB nor the Site make effort to evaluate your social network content for any purpose, including but not limited to, for accuracy, legality, or non-infringement. Neither WEB nor the Site is responsible for any social network content.
You acknowledge and agree that WEB or the Site may access your email address book associated with a third-party account and your contacts list stored on your mobile device or tablet computer solely for purposes of identifying and informing you of those contacts who have also registered to use the Site.
You can deactivate the connection between the Site and your third-party account by contacting WEB or the Site using the contact information below or through your account settings (if applicable). WEB and the Site will attempt to delete any information stored on WEB’s servers or the Site that was obtained through such third-party account, except the username and profile picture that become associated with your account.
- User Data. WEB will maintain certain data that you transmit to WEB or the Site for the purpose of managing the Site, as well as data relating to your use of the Site. Although WEB performs regular routine backups of data, you are solely responsible for all data you transmit to WEB or the Site or that relates to any activity you have undertaken using the Site.
You agree that WEB shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against WEB arising from any such loss or corruption of such data.
- Copyright Infringement. WEB respects the intellectual property rights of others and requires that the people who use the Site do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please forward the following information to info@webnetwork.org:
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- Your name, company, address, telephone number, and email address;
- A description of the copyrighted work you believe has been infringed;
- A description of where the alleged infringing material is located;
- A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; and
- A statement by you, made under penalty of perjury, that the above information is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
- Links to Third-Party Websites and Content. The Site may contain (or you may electronically receive) links to articles, posts, photographs, text, graphics, pictures, designs, music, sound, video, information, testimonials, applications, software, and other content or items (“third-party content”) belonging to or originating from other websites and social media apps (“third party websites”).
These links are provided solely as a convenience to you and not as an approval or endorsement by WEB or the Site of such third-party websites or third-party content. Third-party websites and third-party content are not investigated, monitored, or checked for accuracy, reliability, appropriateness, completeness or their privacy practices by WEB or the Site. Neither WEB nor the Site is responsible for, and does not make any representations regarding, third-party content posted on, available through, or installed from the Site from third-party websites.
If you decide to access linked third-party websites via the Site (or other mailing by WEB), you do so at your own risk as these Terms no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any third-party website to which you navigate from the Site or relating to any applications you use or install from the Site. Any purchases you make through third-party websites will be through such websites and from other companies, and WEB takes no responsibility whatsoever in relation to such purchases.
You specifically acknowledge and agree that your use of third-party websites and third-party content in conjunction with the Site is done at your own risk. You agree and acknowledge that WEB does not endorse the products or services offered on third-party websites and you shall hold WEB harmless from any harm caused by your purchase of such products or services. Additionally, you shall hold WEB harmless from any losses sustained by you or harm caused to you relating to or resulting in any way from any third-party content or any contact with third-party website.
- Sponsors and Advertisers. The Site may allow organizations and individuals to sponsor WEB and advertise their products and services on certain areas of the Site. If you participate as a sponsor or advertiser, you are solely responsible for all content you transmit or submit to the Site, whether created by or for you, including without limitation: (i) artwork, written content, images, photos, graphics, music, animation, data, text, information, URLs, hypertext links, scripts and the content and material included in such components; and (ii) websites and content proximately reachable from such advertising content (collectively, “your promotional materials”).
As a sponsor or advertiser, you warrant and represent that you possess all rights and authority to place promotional materials on the Site, including, but not limited to, intellectual property rights, publicity rights, and contractual rights. Neither WEB nor the Site represent or guarantee the truthfulness, accuracy, or reliability of your promotional materials. The Site disclaims all liability relating to your promotional materials and you agree to indemnify the Site for all loses the Site incurs associated with your promotional materials.
If you are an advertiser, , you agree that your promotional materials are subject to the Digital Millennium Copyright Act (“DMCA”), and you understand and agree there will be no refund or other compensation for DMCA takedown-related issues. WEB simply provides the space to place such promotional materials, and has no other relationship with its advertisers.
- Electronic Communications, Transactions and Signatures. Visiting the Site, sending emails to WEB, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications provided to you by WEB electronically, via email and on the Site, satisfy any legal requirement that such communication be in writing.
YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY WEB OR VIA THE SITE.
You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.
- DISCLAIMER OF WARRANTIES. THE SITE, INCLUDING, WITHOUT LIMITATION, ALL SERVICES, CONTENT, FUNCTIONS AND MATERIALS, IS PROVIDED “AS-IS” AND “AS AVAILABLE,” WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED BY STATUTE, COMMON LAW OR OTHERWISE, FOR INFORMATION, DATA, DATA PROCESSING SERVICES, UPTIME OR UNINTERRUPTED ACCESS, ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, USEFULNESS, OR CONTENT OF INFORMATION, ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND ANY IMPLIED WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OF TRADE, AND WEB HEREBY DISCLAIMS ANY AND ALL SUCH WARRANTIES, EXPRESS AND IMPLIED.
WEB DOES NOT WARRANT, REPRESENT OR COVENANT THAT THE SITE OR THE PRODUCTS AND SERVICES, CONTENT, FUNCTIONS OR MATERIALS CONTAINED THEREIN WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. WEB MAKES NO WARRANTY THAT THE SITE WILL MEET USERS’ REQUIREMENTS. NO ADVICE, RESULTS OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM WEB OR THROUGH THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. THE SITE ALSO ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING IN THE SITE OR YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO, AUDIO OR SOFTWARE FROM THE SITE. IF YOU ARE DISSATISFIED WITH THE SITE, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE SITE.
- Site Liability. The Site acts as a venue for on-line association management services portal and guide. The Site makes no representations about the accuracy, reliability, completeness, or timeliness of the Site, its Content or the content of any websites linked to the Site. The Site and Content may contain inaccuracies or typographical errors. Your use of the , its Content and services is solely at your own risk. Changes are periodically made to Site and may be made at any time. Neither WEB nor the Site guarantee or promise any specific results from use of the Site and no advice or information, whether oral or written, obtained by you from the Site or its Content shall create any liability to WEB or the Site.
The Site may take any action with respect to Content that it deems necessary or appropriate in its sole discretion if it believes that such Content could create liability for the Site, damage the Site’s brand or public image, or cause the Site to lose (in whole or in part) the services of its ISPs or other suppliers. While the Site reserves the right in its sole discretion to remove Content or other material from the Site from time to time, the Site does not assume any obligation to do so and disclaims any liability for failing to take any such action.
- LIMITATION OF LIABILITY. IN NO EVENT SHALL WEB, THE SITE, OR ANY OF THEIR AFFILIATES OR ANY OF THEIR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR CONTENT OR SERVICE PROVIDERS (COLLECTIVELY, THE “PROTECTED ENTITIES”) BE LIABLE TO YOU OR ANY THIRD PARTY, WHETHER IN AN ACTION BASED ON A CONTRACT INDEMNIFICATION, OBLIGATION, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE), COLLATERALLY OR ARISING FROM ANY STATUTORY DUTY, PRE-CONTRACT OR OTHER REPRESENTATIONS, OR OTHERWISE, HOWEVER ARISING, FOR ANY ECONOMIC LOSSES (INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUES, PROFITS, CONTRACTS, BUSINESS, DATA, GOODWILL OR ANTICIPATED SAVINGS) OR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING FROM, OR DIRECTLY OR INDIRECTLY RELATED TO, THE USE OF, OR THE INABILITY TO USE, THE SITE OR THE CONTENT, MATERIALS AND FUNCTIONS RELATED THERETO, YOUR PROVISION OF INFORMATION VIA THE SITE, LOST BUSINESS OR LOST SALES, EVEN IF SUCH PROTECTED ENTITY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
WEB ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF WEB’S SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE. WEB DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WEB WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, TO THE EXTENT PERMISSIBLE BY APPLICABLE LAW, WEB’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE LESSER OR THE TOTAL AMOUNT PAID, IF ANY, BY YOU TO WEB DURING THE 12-MONTH PERIOD PRIOR TO ANY CAUSE OF ACTION OR $1,000.
- Local Standards. The information provided on the Site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject WEB or the Site to any registration requirement within such jurisdiction or country. WEB makes no representation that materials on the Site are appropriate for use in all locations. If you access the Site from the European Union, Asia, or any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in the United States, you do so on your own initiative, and through your continued use of the Site, you are transferring your data to the United States, and you expressly consent to have your data transferred to and processed in the United States. Neither WEB nor the Site is responsible for compliance with local laws, if and to the extent local laws are applicable.
- Indemnification. You agree to defend, indemnify, and hold harmless WEB, the Site, and their affiliates, and their respective officers, directors, employees and agents, from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from: (i) your use of the Site; (ii) any Contributions or promotional materials you provide to the Site, (iii) your breach of these Terms; (iv) any breach of your representations and warranties set forth in these Terms; (v) your violation of the rights of a third party, including but not limited to intellectual property rights; or (vi) any overt harmful act toward any other user of the Site with whom you connected via the Site.
Notwithstanding the foregoing, WEB reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify WEB and/or the Site, and you agree to cooperate, at your expense, with WEB’s defense of such claims. WEB will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.
- Governing Law; Dispute Resolution. These Terms and the relationship between you and WEB shall be governed by the laws of the State of Ohio, without regard to its conflict of law provisions. Any legal action of whatever nature brought by either you or WEB shall be commenced or prosecuted in the state or federal courts located in the State of Ohio, and the parties hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to venue and jurisdiction in such state and federal courts. WEB’s failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. Any waiver of any provision of these Terms by WEB or the Site must be made in writing and signed by an authorized representative of the Site specifically referencing these Terms and the provision to be waived.
- Term and Termination. These Terms shall remain in full force and effect while you use the Site. WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS, WEB AND THE SITE RESERVE THE RIGHT TO, IN THEIR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SITE (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE TERMS AND CONDITIONS OR OF ANY APPLICABLE LAW OR REGULATION. WEB OR THE SITE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SITE OR DELETE YOUR ACCOUNT AND ANY CONTENT OR INFORMATION THAT YOU CONTRIBUTED OR SUBMITTED AT ANY TIME, WITHOUT WARNING, IN THEIR SOLE DISCRETION.
If WEB or the Site terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party.
In addition to terminating or suspending your account, WEB reserves the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.
- Modifications and Interruptions. WEB reserves the right to change, modify, or remove the contents of the Site at any time or for any reason at its sole discretion without notice. WEB reserves the right to change, revise, update, suspend, discontinue, or otherwise modify the Site at any time or for any reason without notice. However, WEB has no obligation to update any information on the Site. WEB also reserves the right to modify or discontinue all or part of the Site without notice at any time. WEB will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Site. Supplemental terms and conditions or documents that may be posted on the Site from time to time are hereby expressly incorporated herein by reference.
WEB cannot guarantee the Site will be available at all times. WEB may experience hardware, software, or other problems or need to perform maintenance related to the Site, resulting in interruptions, delays, or errors. You agree that WEB has no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Site during any downtime or discontinuance of the Site.
There may be information on the Site that contains typographical errors, inaccuracies, or omissions that may relate to the Site, including descriptions, pricing, availability, and various other information. WEB reserves the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Site at any time, without prior notice.
Nothing in these Terms will be construed to obligate WEB to maintain and support the Site or to supply any corrections, updates, or releases in connection therewith.
- Miscellaneous.
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- These Terms will inure to the benefit of, and are intended to be enforceable by, WEB and the Site and their successors, assigns and licensees.
- These Terms and any policies or operating rules posted by WEB on the Site constitute the entire binding agreement and understanding between you, WEB and the Site, and is accepted by you by your access and use of the Site. WEB’S failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision.
- If any provision of these Terms is found by a court of competent jurisdiction to be invalid, void, unlawful, or unenforceable, the parties agree that the court may endeavor to sever such term, while giving effect to the parties’ intentions as reflected in the provision, and that the other provisions of these Terms shall remain in full force and effect.
- These Terms and Conditions operate to the fullest extent permissible by law. WEB may assign any or all of its rights and obligations to others at any time. WEB shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond WEB’s reasonable control.
- You hereby waive any and all defenses you may have based on the electronic form of these Terms and the lack of signing by the parties hereto to execute these Terms.
- You agree that These terms will not be construed against WEB or the Site by virtue of WEB drafting them.
- The headings used in these Terms are for convenience only and are not to be relied upon.
- Contact Information. WEB and the Site operate under the control of Worldwide Employee Benefits Network, a tax-exempt corporation registered in the District of Columbia. WEB can be contacted at info@webnetwork.org.
PRIVACY POLICY
This “Privacy Policy” of Worldwide Employee Benefits Network (“WEB”) sets forth the online data collection and usage policies and practices that apply to WEB’s URL, webnetwork.org and all other websites under WEB’s control, whether partial or otherwise, and any other media form, media channel, mobile website or mobile application related, linked, or otherwise connected thereto (collectively, the “Site”) and does not apply to information WEB collects in any other manner.
- Collection of Information by the Site. By using the Site, WEB may request that you provide personal information, including your name, mailing address, email address, telephone number and other general background information. Moreover, there is information about your computer hardware and software that is or may be collected by WEB. This information may include without limitation your IP address, browser type, domain names, access times and referring website addresses, but is not linked to your personal information. WEB also gets information from your use of the Site including how you use it. Regarding IP Address and Clickstream Data, WEB’s server automatically collects data about your server’s Internet address when you visit the Site. When you request pages from the Site, WEB’s servers may log your IP Address and sometimes your domain name. your IP Address is used to help identify you and to gather demographic information about WEB’s customers as a whole but does not include personally identifiable information. WEB’s server may also record the referring page that linked you to the Site (e.g., another website or a search engine); the portions of the Site you visited; any search terms you have entered on the Site, or a referral site; and other web usage activity and data logged by WEB’s servers.
- WEB’s Use of Your Information. WEB uses the information it gathers on the Site, whether personal, professional, demographic, collective or technical, for the purpose of operating and improving the Site, fostering a positive user experience, and delivering the products and services that WEB offers. WEB may use your contact information in order to send you email or other communications regarding updates on the Site. The nature and frequency of these messages will vary depending upon the information WEB has about you. WEB additionally may employ Internet tracking and analytic tools such as Google Analytics to better understand and deliver a user experience. WEB also uses the information it gathers for internal system administration, to help diagnose problems with WEB’s server, and to administer the Site. Such information may also be used to gather demographic information, such as country of origin and internet service provider. WEB may link this information with your Personal Information.
- Disclosure of Personal Information to Others. WEB does not disclose your personal information, or your combined personal and demographic information or information about your use of the Site, to third parties except as follows.
- WEB discloses information to companies and individuals it employs to perform functions on WEB’s behalf, including hosting WEB’s servers, analyzing data, providing marketing assistance, and providing customer service. These companies and individuals may have access to your personal information as necessary to perform their functions, but they may not share that information with any other third party.
- WEB shares personal information with companies, organizations or individuals outside of to third parties if it has a good-faith belief that access, use, preservation or disclosure of the information is reasonably necessary to: (1) meet any applicable law, regulation, legal process or enforceable governmental request; (2) enforce WEB’s Terms and Conditions of Use, including investigation of potential violations; (3) detect, prevent, or otherwise address fraud, security or technical issues; or (4) protect against harm to the rights, property or safety of the Site, its users or the public as required or permitted by law.
- Use of Cookies and Local Storage. The Site may contain electronic images known as Web beacons (sometimes called single-pixel gifs) that allow WEB to count users who have visited those pages. Web beacons are not used to access your personally identifiable information; they are a technique used to compile aggregated statistics about the Site’s usage. Web beacons collect only a limited set of information including a cookie number, time and date of a page view, and a description of the page on which the web beacon resides. You may not decline web beacons, however, they can be rendered ineffective by declining all cookies or modifying your browser setting to notify you each time a cookie is tendered and permit you to accept or decline cookies on an individual basis.
- Access to Opt-Out and/or Modification of Your Information. The Site may provide account holders limited access to or the ability to modify your personal information. Whenever you use the Site, WEB aims to provide you with access to your personal information. If that information is wrong, WEB strives to give you ways to update it quickly or to delete it – unless WEB has to keep that information for legitimate business or legal purposes. When updating your personal information, WEB may ask you to verify your identity before it can act on your request.
If you are receiving newsletters, commercial emails or other communications from the Site, but subsequently change your mind, you may opt-out by selecting an appropriate link in those email communications as indicated for the opt out or by sending an email to the Site. WEB retains indefinitely all the information it gathers about you in an effort to make your repeat use of the Site more efficient, practical, and relevant. To the extent that WEB utilizes Google Analytics or another analytics tool available, you have options with respect to some of those tracking tools or features available at https://tools.google.com/dlpage/gaoptout/ or at the applicable tool’s website. - Security of Personal Information. WEB has implemented commercially reasonable technical and organizational measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration or disclosure. However, WEB cannot guarantee that unauthorized third parties will never be able to defeat those measures or use your personal information for improper purposes. WEB restricts access to personal information to the Site employees and approved WEB volunteer administrators, contractors and agents who need to know that information in order to process it for WEB, and who are subject to strict contractual confidentiality obligations and may be disciplined or terminated if they fail to meet these obligations.
- Children. The Site is not intended for children under 18 years of age. WEB does not knowingly collect personal information from children under 18.
- Changes to Privacy Policy. If WEB decides to materially change this Privacy Policy for the Site, it will post those changes through a prominent notice on the website so that you will always know what information WEB gathers, how it might be used, and to whom it may be disclosed. If at any time, you have questions or concerns about this Privacy Policy or believe that WEB has not adhered to this Privacy Policy, please feel free to email WEB at info@webnetwork.org.
- Contact Information. WEB and the Site operate under the control of Worldwide Employee Benefits Network, a tax-exempt corporation registered in the District of Columbia. WEB can be contacted at info@webnetwork.org.
Updated 2.1.25