Terms and Conditions

By accessing or using the Community Service Society’s (CSS) Benefits Plus Learning Center website (the "Site"), you hereby accept and agree to comply with the Terms and Conditions set forth herein. These Terms and Conditions constitute a binding agreement between you and CSS, and govern your access and use of the Site, which includes any text, graphics, user interfaces, visual interfaces, information, data, tools, products, services and other content (together, "Content"), including but not limited to the design, structure, selection, coordination, expression and arrangement of the Content available on or through the Site. You may contact CSS by e-mail ( bplc@cssny.org ) with questions about these Terms and Conditions.

CSS grants you a limited right to use the Benefits Plus Learning Center Site.

• Your right to use the Site is subject to your agreement to abide by these Terms and Conditions in their entirety, as well as any other rules, procedures, policies, terms or conditions that govern all or any portion of the Site.

• At any time and for any reason CSS may revoke your right to use all or any portion of the Site

• You may not violate or attempt to violate the security of the Site.

The Site is owned by CSS.

• The Site is protected by one or more copyrights, patents, database rights, trademarks, service marks and/or other intellectual property and proprietary rights that are owned by CSS, its affiliates and/or third parties.

• You may not decompose, decompile, reverse engineer, disassemble or otherwise deconstruct all or any portion of the Site.

• You may not publish, broadcast, retransmit, reproduce, repackage, frame, commercially exploit, create any derivative of or otherwise redistribute all or any portion of the Site except as explicitly permitted in these Terms and Conditions.

• You may print copies of any accessible portion of the Site only for your own use or that of clients who have retained your services. You may discuss information that you learn from the Site with your clients, with financial, legal or tax advisors, and others with whom you share business and organizational decisions.

• You may not remove any copyright, trademark or other proprietary notice or legend contained on (or printed from) the Site.

You represent and warrant that:

• You have full authority and all rights necessary to enter into and fully perform all of your obligations pursuant to these Terms and Conditions;

• You have not and you will not enter into any agreement or perform any act which might contravene the purposes and/or effects of these Terms and Conditions; and

• You will not delete any Content.

All Content is for educational and informational purposes only.

• While CSS makes reasonable efforts to ensure that Content is accurate and up to date, CSS does not give any advice or make any representations or warranties, express or implied, as to the accuracy, completeness or timeliness of the information contained on the Site.

• CSS does not give any advice or make any representations through the Site as to whether any information on the Site is suitable for or applicable to you or your clients.

• Nothing on the Site is intended to be, and you should not consider anything on the Site to be, investment, accounting, tax or legal advice to you or to your clients.

• If you or your clients would like investment, accounting, tax or legal advice, you should consult with your own financial advisors, accountants or attorneys regarding your or your clients’ individual circumstances and needs.

There are various risks you assume in relying on the Content.

• Dated Content speaks only as of the date indicated.

• CSS makes reasonable efforts to provide accurate Content, but at times CSS may not promptly update or correct the Site even if it is aware that it is inaccurate, outdated or otherwise inappropriate.

• CSS may change all or any portion of the Site at any time without notice to you.

• CSS does not endorse the opinions of, or warrant the accuracy of facts or other Content contributed by, any third party.

• You agree that CSS is not liable for any action you or your clients take or decision you or your clients make in reliance on any Content.

CSS is not liable for any technological problems or any impact that they may have.

• CSS makes reasonable efforts to avoid technological problems, but at any time all or any portion of the Site may not be available and may not function properly or may cause errors on your system despite these efforts.

• CSS takes reasonable security precautions when using the Internet, telephone or other means to transport data or other communications, but disclaims liability for any interception of data or communications.

• CSS makes reasonable efforts to ensure that the Site is secure but does not guarantee the security of the Site.

• CSS is not liable for any damage or injury caused by the performance or failure of performance of all or any portion of the Site.

• CSS is not liable for any defects, delays or errors in or resulting from your use of the Site.

CSS is not responsible for information on any third party web site that is referred in, or accessible or connected by hyperlink to, the Site.

• If you access any third party web site through the Site or otherwise, you do so at your own risk.

• Hyperlinks to or from the Site do not constitute third party endorsement of, sponsorship by or affiliation with CSS.

CSS has the right but not the obligation to monitor and record activity on the Site and respond as it deems appropriate.

• CSS may monitor and record activity on the Site for any reason or for no reason.

• CSS may investigate any complaint or reported violation of its policies.

• CSS may report any activity that it suspects may violate any law or regulation to regulators, law enforcement officials or other persons or entities that it deems appropriate.

• CSS may issue warnings, suspend or terminate use of the Site, deny access to all or part of the Site or take any other action that it deems appropriate.

CSS will abide by its privacy policy.

• Personal nonpublic information that CSS gathers from you will be governed by its Privacy Policy.

CSS disclaims all warranties with respect to Benefits Plus Online and the Benefits Plus Learning Center Site that the law allows it to disclaim.

• Benefits Plus Online and the Benefits Plus Learning Center Site are provided “as is” and “as available."

• CSS disclaims all representations and warranties express or implied, of any kind with respect to Benefits Plus Online and the Site including warranties of:

  ◦ merchantability

  ◦ fitness for a particular purpose, and

  ◦ non-infringement of intellectual property and other proprietary rights.

• Without limiting its general disclaimer, CSS does not warrant the availability, accuracy, completeness, timeliness, functionality, reliability, sequencing or speed of delivery of the Site or any part of the Contents.

CSS’s liability with respect to Benefits Plus Online and the Benefits Plus Learning Center Site is limited to the maximum extent permitted by law.

• In no event will CSS or any of its affiliates, agents or employees be liable for any indirect, incidental, special, punitive or consequential damages however caused arising out of these terms and conditions, the Site, the inability to use the Site, or transactions entered into through the Site.

• Under all circumstances, the maximum liability of CSS, its agents and employees to any user of the Site or Benefits Plus Online with respect to either the Benefits Plus Learning Center Site or Benefits Plus Online is $100.

• THIS DISCLAIMER OF LIABILITY APPLIES TO ANY AND ALL DAMAGES OR INJURY, INCLUDING THOSE CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF OR USE OF ANY ASSET, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE OR UNDER ANY OTHER CAUSE OF ACTION.

You will be responsible for any liability to CSS that arises out of your breach of these Terms and Conditions or your use of the Site.

You agree to indemnify, defend and hold harmless CSS and its affiliates, agents, employees and third party sources from and against any and all suits, losses, claims, demands, liabilities, damages, costs and expenses (including reasonable attorneys' fees) that arise from or relate to:

• Your or your clients’ use of Benefits Plus Online and/or your use of the Benefits Plus Learning Center Site,

• Your breach of these Terms and Conditions or any representation, warranty or covenant made by you in these Terms and Conditions,

• Your or your clients’ violation of any applicable law, statute, ordinance, regulation or of any third party's rights, or

• Claims asserted by third parties which, if proven, would place you in breach of representations, warranties, covenants or other provisions contained in these Terms and Conditions.

New York law governs these Terms and Conditions.

All issues shall be governed by the law of the State of New York, without regard to its choice of law rules. The exclusive jurisdiction for any action arising under this User Agreement shall be the Federal and State Courts located in Manhattan, New York.

You will be bound by revised versions of these Terms and Conditions that CSS posts on the Site.

• Modifications will be effective immediately upon posting unless CSS indicates otherwise.

• Your use of the Site indicates your full acceptance of these Terms and Conditions in their then-current form each time you use the Site.

You are bound by certain other general conditions.

• CSS may assign these Terms and Conditions in whole or in part at any time without your consent. You may not assign these Terms and Conditions or delegate any of your obligations under these Terms and Conditions. Any purported assignment of these Terms and Conditions in violation of its terms is void.

• If any provision of these Terms and Conditions is found invalid or unenforceable, that provision shall be enforced to the maximum extent possible and the remaining provisions of these Terms and Conditions shall remain in full force and effect.

• These Terms and Conditions constitute the entire understanding, and supersede all other understandings, between you and CSS concerning the subject matter hereof.