BY USING THIS WEBSITE, YOU ARE INDICATING THAT YOU HAVE READ, ACKNOWLEDGE, AND ASSENT TO BE BOUND BY THE POLICIES, TERMS, AND CONDITIONS SET FORTH BELOW IN THEIR ENTIRETY WITHOUT LIMITATION OR QUALIFICATION. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, DO NOT USE THIS SITE OR DOWNLOAD MATERIALS FROM THIS SITE.
This Web site is provided by Self Insured Services Company doing business as Benefit Coordinators Corporation (“BCC”) and may be used for informational purposes only. If the user is not an individual, then “you” means your company, its officers, members, agents, successors, and assigns.
Except as otherwise permitted in writing by BCC, no materials from the Benefit Coordinators Corporation website, Excellent, (the “Site”) may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way. You may download material displayed on the Benefit Coordinators Corporation site for non-commercial, personal use only. If you do so, you agree to retain all copyright and other proprietary notices contained on the materials. You may not use, distribute, modify, transmit, or post the content of the Benefit Coordinators Corporation site for public or commercial purposes, including any text, images, audio, or video without BCC’s written permission. You may not mirror any material contained on this site on any other server. You may not frame or use framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of BCC without express written consent. You may not use any meta-tags or any other “hidden text” using BCC’s name or trademarks without the express written consent of BCC. Any unauthorized use terminates the permission or license granted by BCC.
C. Intellectual PropertyAll content included on this site, such as text, graphics, logos, button icons, images, audio clips, information, data, photographs, graphs, videos, typefaces, graphics, music, sounds, and other material and software (collectively, the “Materials”) is the property of BCC or its content suppliers and is protected by copyrights, trademarks, trade secrets, or other proprietary rights, and these rights are valid and protected in all forms, media, and technologies existing now or hereinafter developed. All such content is copyrighted as a collective work under United States copyright laws (17 U.S.C. § 101, et. seq.) and international treaty provisions, and BCC owns a copyright in the selection, coordination, arrangement, and displayed enhancement of such content. All software used on this site is the property of BCC or its software suppliers and is protected by US and international copyright laws. You may not modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale of, create derivative works from, or in any way exploit any of the content on the site, in whole or in part. Any use other than as contemplated herein, including the reproduction, modification, distribution, transmission, republication, display, or performance of the content on this site, except as specifically permitted below, is strictly prohibited.
Any unauthorized use of any Materials contained on this Site may violate copyright, trademark, and other laws, including but not limited to laws of privacy and publicity, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.
All pages on this Site, including the abbreviation for Benefit Coordinators Corporation ("BCC"), BCC's stylized abbreviation, logo, splash screen and all page headers, custom graphics and button icons are service marks, trademarks, and/or trade dress (collectively, "Marks") of BCC or other third parties. BCC's owned or administered Marks include, but are not limited to BCC, BCC's logo, and BenXcel. You are not permitted to use the Marks without the prior written consent of BCC or such third party that may own the Marks.
E. Limited LicenseBCC grants you a limited, nonexclusive, nontransferable personal license to access, display, and copy the materials on the Benefit Coordinators Corporation Web site for personal, noncommercial use only, subject to the requirements set forth in this Agreement. This license is conditioned on your continued compliance with the terms and conditions in this Agreement. All rights not expressly granted herein are reserved.
F. Representations and WarrantiesBy using this site, you represent and warrant that: (1) you understand and agree that this Agreement is a legally binding agreement and the equivalent of a signed, written contract; (2) you will use this Web site in a manner consistent with all laws and regulations and in accordance with the terms and conditions of this Agreement; (3) you are authorized to sign for and bind the contracting party; and (4) you will not impersonate any person or entity, misrepresent any affiliation with another person, entity, or association, use false headers, or otherwise conceal your identity from BCC for any purpose.
G. Disclaimer of WarrantiesYou expressly agree that use of the Benefit Coordinators Corporation site is at your sole risk. Neither BCC, nor its affiliates, nor any of their officers, directors, or employees, agents, third-party content providers, merchants, sponsors, or licensors (collectively, Providers), or the like, warrant that the Benefit Coordinators Corporation site will be uninterrupted or error-free; nor do they make any warranty as to the results that may be obtained from the use of the Benefit Coordinators Corporation site or the content contained therein, or as to the accuracy, completeness, reliability, security or currency of the content. The content may contain errors, omissions, inaccuracies, or outdated information. Further, BCC does not warrant reliability of any advice, opinion, statement or other information displayed or distributed through the site. BCC reserves the right, at its sole discretion, to correct any errors or omissions in any portion of the site. BCC may make any other changes to the site, the content and the products, programs, services or prices (if any) described in the site at any time without notice.
This site and the information, content, and materials on the site are provided by BCC on an “as is,” “where is,” and “where available” basis. BCC makes no representations or warranties of any kind, express or implied, as to the operation of the site, the content, information, or the materials on the Benefit Coordinators Corporation site, to the fullest extent permissible under applicable law.
BCC expressly disclaims all warranties, express or implied, of any kind, with respect to any the materials, content, or information on the Benefit Coordinators Corporation site or any goods or other products or services offered, sold, or displayed on the Benefit Coordinators Corporation site or your use of the Benefit Coordinators Corporation site generally, including warranties of merchantability, accuracy of information, quality, satisfactory quality, title, fitness for a particular purpose, and non-infringement. Some jurisdictions limit or do not allow the disclaimer of implied or other warranties so the above disclaimer may not apply to the extent such jurisdiction’s law applies to this agreement.
You agree that BCC and its providers will not be liable for any damage, loss, or expense of any kind arising out of or resulting from your possession or use of the materials, content, or information on the Site regardless of whether such liability is based in tort, contract, or otherwise.
In no event will BCC or any of its providers be liable to you for any direct, indirect, special, incidental, consequential, or punitive damages (including without limitation, loss or profits, loss or corruption of data, loss of goodwill, work stoppage, computer failure or malfunction, or interruption of business), arising out of or in any way related to the materials, content or information on the Benefit Coordinators Corporation site, your use of, or inability to use, the Benefit Coordinators Corporation site generally, or otherwise in connection with this agreement, regardless of whether BCC or any of its providers have been advised of the possibility of such damages. Because some states do not allow the limitation of liability for consequential or incidental damages, the above limitation may not apply to you.
BCC may operate discussion areas in a good faith attempt to foster open communication via the Internet. BCC requests that only messages suitable to the subject matter of discussions are posted, and such messages are respectful of others. BCC reserves the right to cancel any message posted at any time. The views expressed in discussion areas are the thoughts and ideas of the posting author only; BCC does not necessarily support or endorse any such views. Furthermore, BCC is not responsible for any loss or damage that may occur directly or indirectly from the posting of a message to the discussion area.
You agree that nothing submitted by you to the Site shall contain any content which: a) libels, defames, invades privacy, or is obscene, pornographic, abusive, or threatening; b) infringes any intellectual property or other right of any entity or person, including, but not limited to violating anyone's copyrights or trademarks; c) violates any law; d) advocates illegal activity; or, e) advertises or otherwise solicits funds or is a solicitation for goods or services (collectively, "Non-Approved Material"). You acknowledge that you are responsible for the Materials that you submit, and you, not BCC, have full responsibility for the Materials, including their legality, reliability, appropriateness, originality and copyright. Anything submitted that is of a threatening or libelous nature on this Site which might be considered a violation of any law may require BCC to report and fully cooperate with any law enforcement authorities or a court order requesting or directing BCC to disclose the identity of anyone submitting any such Materials.
You agree to indemnify, defend, and hold harmless BCC, its affiliates, agents, employees, officers, and licensors from and against any and all claims, demands, liabilities and expenses, including reasonable attorneys’ fees, arising out of or related in any way to your use of the site, violation of this Agreement, violation of any law or regulation, or violation of any third party proprietary or privacy right.
K. PrivacySee Benefit Coordinators Corporation’s Website Privacy Policy.
L. Dispute ResolutionAny dispute relating in any way to your use of the Benefit Coordinators Corporation site will be submitted to confidential arbitration in Pittsburgh, Pennsylvania, except that, to the extent you have in any manner violated or threatened to violate BCC’s intellectual property rights, BCC may seek injunctive or other appropriate relief in any state or federal court in Allegheny County, Pennsylvania and you consent and submit to exclusive jurisdiction and venue in such courts. Arbitration under this agreement will be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator’s award will be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by law, no arbitration under this Agreement will be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.
M. Limitations on ClaimsAny cause of action you may have with respect to your use of the site must be commenced within one year after the claim or cause of action arises.
N. Term and TerminationWithout limiting its other remedies, BCC may immediately issue a warning, temporarily suspend, indefinitely suspend or terminate the license granted under this Agreement if you fail to comply with any term or condition of this Agreement.
O. Hyperlink DisclaimersAs a convenience to you, BCC may provide, on this site, links to Web sites operated by other entities (collectively the “Linked Site”). If you use any Linked Sites, you will leave this site. If you decide to visit any Linked Site, you do so at your own risk and it is your responsibility to take all protective measures to guard against viruses or other destructive elements. Linked Sites, regardless of the linking form (e.g., hotlinks, hypertext links, IMG links) are not maintained, controlled or otherwise governed by BCC. The content, accuracy, opinions expressed and other links provided by Linked Sites are not investigated, verified, monitored, or endorsed by BCC. BCC does not endorse, make any representations regarding or warrant any information, goods and/or services appearing and/or offered on any Linked Site, other than linked information authored by BCC. Links do not imply that BCC or this site sponsors, endorses, is affiliated or associated with, or is legally authorized to use any trademark, trade name, logo or copyright symbol displayed in or accessible through the links, or that any Linked Site is authorized to use any trademark, trade name, logo or copyright symbol of BCC or any of its affiliates or subsidiaries. Except for links to information authored by BCC, BCC is neither responsible for nor will it be liable under any theory based upon (i) any Linked Site; (ii) any information and/or content found on any Link Site; or (iii) any site(s) linked to or from any Linked Site. If you decide to visit any Linked Sites and/or transact any business thereon, you do so at your own risk. BCC reserves the right to discontinue any Linked Site at any time without prior notice. Please contact the webmasters of any Linked Sites concerning any information, goods, or services appearing thereon. BCC's webmaster (webmaster@benxcel.com) would appreciate being copied on any complaint or concern expressed to a third-party site linked to this Site so that it can be determined whether any action should or can be taken from this Site which might respond to your complaint or concern.
The fact that a Web site has linked itself to this Site or that this Site has provided a link to another Web site does not constitute a waiver of any rights that BCC may have.
If you would like to link to BCC's Site, please read and comply with the following guidelines and all applicable laws. A Web site that links to BCC's Site:
The site (excluding linked sites) is controlled, operated and administered by BCC from its offices within Pittsburgh, Pennsylvania, United States of America. BCC makes no representation that materials at this site are appropriate or available for use at other locations outside of the United States and access to them from territories where their contents are illegal is prohibited. You may not use the site or export the materials in violation of US export laws and regulations. If you access this site from locations outside of the United States, you are responsible for compliance with all local laws. This Agreement shall be interpreted and enforced in and pursuant to the laws of the Commonwealth of Pennsylvania. By accessing this Site, you and BCC hereby irrevocably consent and agree that any action or proceeding against your or BCC may be commenced and maintained in any state court sitting in Allegheny County, Pennsylvania or in the United States District Court for the Western District of Pennsylvania, and each waive personal service of any summons, complaint or other process, which may be made by any other means permitted by Pennsylvania.
R. Modifications to AgreementBCC may revise the Agreement at any time and you agree to be bound by the revised Agreement. It is your responsibility to return to this Agreement from time to time to review the most current terms and conditions. BCC does not and will not assume any obligation to notify you of changes to this Agreement. This Agreement supersedes any prior or subsequent terms or conditions included with any communications or agreement, whether or not such terms or conditions are signed by BCC. BCC reserves the right to make changes to this site and to these terms and conditions at any time. Any such modifications will become effective upon the date they are first posted to this site.
S. Electronic Communications and Electronic SignaturesYou agree to be bound by any affirmation, assent or agreement you transmit through the Benefit Coordinators Corporation web site, including but not limited to any consent you give to receive communications from BCC solely through electronic transmission. You agree that, when in the future you click on an “I agree,” “I consent” or other similarly worded “button” or entry field with your mouse, keystroke or other computer device, your agreement or consent will be legally binding and enforceable and the legal equivalent of your handwritten signature.