Terms & Conditions

Benefit Members Associated, Inc. “WEB SITE” Terms of Service
This page states the terms and conditions (the “Terms” or the “Agreement”) under which a user may use this Web Site. “User” refers to any individual, company, or legal entity that accesses or otherwise uses this Web Site.
By accessing this Web Site you accept and agree to be bound by these Terms. If you do not accept the Terms stated herein, please do not use the Web Site. Benefit Members Associated, Inc. (BMA) may, at its sole discretion, modify or revise these Terms at any time by updating this page. Users are bound by any such modifications. BMA reserves the right to revoke the authorization to view, download and print the documents and information available on the Web Site at any time, and any such use shall be discontinued immediately upon written notice to BMA.

A. WEB SITE MATERIALS
The contents of this Web Site, including but not limited to: text, graphics, illustrations, logos, software, trademarks, service marks and other material (“Material”) are protected by copyright and other laws.
BMA authorizes you to view the Material on the Web Site only if you agree with these Terms. BMA grants to Users a limited, non-transferable, non-exclusive, revocable license to access and use the Materials on the Web Site for internal business use, upon the terms and subject to the conditions set forth in this Agreement.

B. DISCLAIMER OF  WARRANTIES, DISCLAIMER OF DAMAGES & LIMITATIONS OF LIABILITY
IN NO EVENT WILL BMA BE LIABLE TO ANY USER OR OTHER THIRD PARTY FOR ANY DAMAGES RESULTING FROM THE USE OR INABILITY TO USE THE WEB SITE OR THE MATERIALS CONTAINED THEREIN. THIS DISCLAIMER AND LIMITATION INCLUDES DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES OR LOST PROFITS, AND APPLIES WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, REGARDLESS OF WHETHER EBS IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

THE BMA WEB SITE AND MATERIALS CONTAINED THEREIN ARE PROVIDED ON AN “AS IS” BASIS WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. BMA, TO THE EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, INCLUDED BUT NOT LIMITED TO: WARRANTIES OF TITLE, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. EBS MAKES NO WARRANTIES ABOUT THE ACCURACY, COMPLETENESS, RELIABILITY, OR TIMELINESS OF THE MATERIAL AND LINKS PRESENTED ON THE WEB SITE.

BMA makes every attempt to secure its network, but given the nature of the risks associated with file transfer technologies is unable to warrant that the Web Site will always operate without error or that the Web Site and its server are free of computer viruses or other harmful code. BMA is not responsible for any costs associated with servicing or replacing your equipment or data due to your use of this Web Site. BMA contains materials provided by third parties, and will likewise not be held responsible for any such third party material.

Ultimately, your use of BMA’s Web Site is for your convenience and at your own risk. If you are dissatisfied with any of the Materials or other contents of the Web Site or with these Terms and Conditions, your sole remedy is to discontinue use of the Web Site.

C. PUBLIC & USER SUBMISSIONS - GENERAL
BMA’s Web Site includes postings, listings, graphics, stories, and articles from third parties. Such content is the responsibility of the third party creator of the content. BMA has no responsibility for such content and is merely providing access to such content as a service to you. While BMA will endeavor to remove any offensive or harmful content from the Web Site as soon as it comes to our attention, third party materials may include offensive, inappropriate, harmful, or deceptive information.

D. USER RESPONSIBILITIES & PRIVILEGES
You agree that you are responsible for your own submissions and postings and for any consequences thereof. You agree to use BMA’s Web Site only to Post materials that are legal, proper and related to mutual business purposes. By way of example, and not as a limitation, you agree that when using this Web Site, you will not:

  • Defame abuse, harass, stalk, threaten, or otherwise violate the legal rights (such as rights of privacy and publicity) of others;
  • Publish, Post, upload, make available, distribute or disseminate or offer to do the same (hereinafter “Post”) any vulgar, hateful, malicious, racially or ethnically slanderous, harmful, inappropriate, defamatory, infringing, abusive, libelous, threatening, obscene, false, or unlawful material or information;
  • Post any material that infringes any patent, trademark, copyright, trade secret, intellectual property or other proprietary right of any party (the “Rights”), unless you are the owner of the Rights or have the permission of the owner to Post or transmit such material;
  • Post any files that contain viruses, corrupted files, or any other similar software or programs that may damage, interrupt, or functionally limit the operation of another’s computer software, hardware or telecommunications equipment;
  • Post spam, chain letters, promotional materials or any form of solicitation, advertise or offer to sell any goods or services for any commercial purpose, other than in areas of the Web Site intended for such uses;
  • Impersonate another person or entity, or falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that has been posted.
  • Restrict or inhibit any other user from using and enjoying the use of the Web Site                          
  • Collect or store personal data about other users;
  • Hack into any part of the Web Site.

E. OUR OBLIGATION TO MONITOR CONTENT
BMA reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to Post or to remove any information or materials, in whole or in part, for any reason whatsoever, in BMA sole discretion.
BMA does not endorse, support, represent, or guarantee the truthfulness, accuracy, or reliability of any information posted by third parties, or endorses any opinions expressed by them. You acknowledge that any reliance on material Posted will be at your own risk.

F. COPYRIGHT INFRINGEMENT

BMA may, in appropriate circumstances and at its sole discretion, remove or disable access to material on the Web Site that infringes on the rights of others. If you believe that your work has been used on the Web Site in a manner that constitutes copyright infringement, please provide BMA with a written notice - by postal mail, e-mail, or Fax - that includes the following information:

  1. The signature (electronic or physical) of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed.
  2. Identification of the copyrighted work claimed to have been infringed.
  3. A description of or actual page link to where the material in question is located on the Web Site.
  4. Your mailing address, telephone number, and email address.
  5. A statement by you that you believe in good faith that the disputed use is not authorized by the copyright owner, its agent, or the law.
  6. A statement by you, under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

Address for purposes of such notice is as follows:
Benefit Members Associated, Inc.
P.O. BOX 12670
Scottsdale, AZ 85267-2670
Phone: 602-808-9008
Fax: 602-808-9005
 eMail Us

G. INDEMNITY
YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS BMA, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS FROM AND AGAINST ANY CLAIMS, ACTIONS OR DEMANDS, INCLUDING WITHOUT LIMITATION REASONABLE LEGAL FEES, ALLEGING OR RESULTING FROM YOUR USE OF THE MATERIAL OR YOUR BREACH OF THE TERMS OF THIS AGREEMENT.