Welcome to Benecard Services, Inc. ("Benecard"), before you use our web site services you must read and agree to these Benecard terms and
our sole discretion. When you access Benecard's web site and/or log into the password protected area of our web site you are agreeing to
1.1. All information contained on this web site, including, but not limited to, information relating to medical and health conditions,
products and treatments, is for informational purposes only and is intended for use only by Benecard members in the United States. We have
taken reasonable efforts to provide accurate, complete and current information, but such information may be revised on an on-going basis. The
information contained on this web site is not intended to be a substitute for the advice provided by your physician or other health care
provider or any information contained in any product packaging or labels.
1.2. You should not use the information on this web site for diagnosing a health condition or using a particular product. You should
carefully read all material provided by the manufacturers of the products on or in the product packaging before using any of the products
purchased on this site. You should always consult your physician or health care provider.
2. Limitation of Liability
2.1 Subject to overall provision in Section 3.1 below, you expressly understand and agree that Benecard shall not be liable to you for:
(A) any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any
theory of liability. This shall include, but not be limited to, any loss of profit (whether incurred directly or indirectly), any loss of
goodwill or business reputation, any loss of data suffered, cost of procurement of substitute goods or services, or other intangible loss;
(B) any loss or damage which may be incurred by you, including but not limited to loss or damage as a result of:
(I) any reliance placed by you on the completeness, accuracy or existence of any information on our website;
(II) any changes which Benecard may make to the services, or for any permanent or temporary cessation in the provision of the services (or
any features within the services);
(III) the deletion of, corruption of, or failure to store, any content and other communications data maintained or transmitted by or through
your use of the services;
(IV) your failure to provide Central Fill with accurate account, individual, and/or member information; and
(V) your failure to keep your password or account details secure and confidential.
2.2 The limitations on Benecard's liability to you in Paragraph 2.1 above shall apply whether or not Benecard has been advised of or should
have been aware of the possibility of any such losses arising.
3. Exclusion of Warranties
3.1 Nothing in these terms shall exclude or limit Benecard's warranty or liability for losses which may not be lawfully excluded or limited by
applicable law. Some jurisdictions do not allow the exclusion of certain warranties or conditions or the limitation or exclusion of liability
for losses or damage caused by negligence, breach of contract or breach of implied terms, or incidental or consequential damages. Accordingly,
only the limitations which are lawful in your jurisdiction will apply to you and our liability will be limited to the maximum extent permitted
3.2 You expressly understand and agree that your use of the services is at your sole risk and that the services are provided "AS IS" and "AS
3.3 In particular, Benecard does not represent or warrant to you that:
(A) your use of the services will meet your requirements,
(B) your use of the services will be uninterrupted, timely, secure or free from error, and
(C) any information obtained by you as a result of your use of the services will be accurate or reliable.
3.4 Benecard further expressly disclaims all warranties and conditions of any kind, whether express or implied, including, but not limited to
the implied warranties and conditions of merchantability, fitness for a particular purpose and non-infringement.
4. Links to Third Party Content
4.1. Benecard has no responsibility for links to third party content. Links to third party web sites are provided for your convenience and
information only. The content in any linked web sites is not under our control and Benecard is not responsible for such content.
4.2. Benecard reserves the right to terminate a link to a third party web site at any time. The fact that we provide a link to a third party
web site does not necessarily mean that we endorse, authorize or sponsor that web site, nor that we are affiliated with the third party web
site's owners or sponsors.
5. Privacy Treatment of Information or Data Transmitted to Us
Personal information transmitted to us will be treated in accordance with our HIPAA Privacy Statement.
6. Proprietary Rights & Restricted Use
6.1. Benecard's web site content is copyrighted and protected by U.S. copyright laws. In addition, this web site's content is protected by
trademark laws, the laws of privacy and publicity, and communication regulations and statutes. You are not authorized to post on or transmit to
or from this web site any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material, or
any other content that could give rise to any civil or criminal liability under the law.
6.2. You may print a copy of the information contained herein for your personal use only, but you may not reproduce or distribute the text
or graphics to others or substantially copy the information on your own server, or link to this web site, without the prior written permission
6.3. The names Benecard Services, Inc. and Benecard and its registered logos, service marks, and trademarks, may not be used in any
advertising or publicity without the prior explicit written permission of Benecard.
7. Limitation of Jurisdiction
By accessing, transmitting or viewing any information on Benecard's web site, you agree to be subject to personal jurisdiction in the State
of New Jersey. Any transaction or occurrence arising out of accessing, transmitting or viewing any information on our web site shall be
judged in accordance with the laws of the State of New Jersey.
8. Unauthorized Use of the Site
limited to, unauthorized framing of or linking to our web site, or unauthorized use of any robot, spider or other automated process on the
and injunctive redress. You understand and agree that in Benecard's sole discretion, and without prior notice, Benecard may terminate your
access to our web site, remove any unauthorized user content or exercise any other remedy available, if Benecard believes that your conduct
or the conduct of any person with whom Benecard believes you acted in concert, or the information/content you provide, violates or is
relief for such violations.