1. Introduction
Welcome to memberbenefits.org (“Website” or “Site”). These Terms of Service (“Terms”) govern your access to and use of the Website and all related services provided by the site operator (“Company,” “we,” “us,” or “our”). By accessing or using the Website, you agree to be bound by these Terms. If you do not agree to these Terms, please do not access or use the Website.
2. Services Overview
The Website serves as a platform that facilitates connections and transactions between various parties, which may include vendors, associations, businesses, trade groups, and other organizations. Our services may include, but are not limited to, information collection, communication facilitation, and the offering of special offers, discounts, benefits, or other advantages to members or affiliates of participating organizations. The specific nature, scope, and availability of services offered through the Website may expand, change, or vary over time as our business evolves, and may differ based on user type, location, or other factors.
3. User Accounts and Registration
3.1 Account Creation
You may be required to create an account to access certain features of the Website. When registering, you agree to provide accurate, current, and complete information and to update this information to maintain its accuracy.
3.2 Account Security
You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account or any other breach of security.
4. Information Collection
4.1 Contact Information
The Website collects contact information from vendors, associations, businesses, trade groups, and other interested parties. By submitting your information, you consent to our collection and use of this information in accordance with our Privacy Policy.
4.2 Use of Information
We may use the information collected to:
- Facilitate connections between vendors and organizations
- Communicate with you about our services
- Improve and develop our Website and services
- Send you marketing communications (subject to applicable laws)
5. User Conduct
5.1 General Conduct
When using the Website, you agree to:
- Comply with all applicable laws and regulations
- Provide accurate and truthful information
- Respect the rights of other users and third parties
- Use the Website only for lawful purposes
5.2 Prohibited Activities
You agree not to:
- Use the Website for any illegal purpose
- Violate or infringe others’ intellectual property, privacy, publicity, or other legal rights
- Impersonate another person or entity
- Interfere with or disrupt the Website or servers or networks connected to the Website
- Attempt to gain unauthorized access to any portion of the Website
- Transmit any viruses, worms, defects, Trojan horses, or other items of a destructive nature
- Use any robot, spider, or other automatic device to access the Website except for search engines and public archives
- Harvest or collect email addresses or other contact information
- Send unsolicited communications or spam
- Engage in any conduct that restricts or inhibits any person from using the Website
6. Intellectual Property
6.1 Our Intellectual Property
All content, features, and functionality of the Website, including but not limited to text, graphics, logos, icons, images, audio clips, digital downloads, data compilations, and software, are owned by the Company, its licensors, or other providers and are protected by copyright, trademark, and other intellectual property laws.
6.2 Limited License
We grant you a limited, non-exclusive, non-transferable, and revocable license to access and use the Website for its intended purposes, subject to these Terms.
6.3 Feedback
If you provide any feedback, suggestions, ideas, or recommendations regarding the Website (“Feedback”), you grant us an unrestricted, perpetual, irrevocable, non-exclusive, fully-paid, royalty-free right to use the Feedback in any manner and for any purpose without compensation to you.
7. User Content
7.1 Ownership
You retain ownership of any content you submit, post, or display on or through the Website (“User Content”).
7.2 License to Us
By submitting User Content, you grant us a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such User Content in connection with providing and promoting the Website and services.
7.3 Representations and Warranties
You represent and warrant that:
- You own or have the necessary rights to the User Content
- The User Content does not infringe upon the rights of any third party
- The User Content complies with these Terms and all applicable laws
8. Third-Party Links and Content
The Website may contain links to third-party websites or resources. We provide these links only as a convenience and are not responsible for the content, products, or services on or available from those websites or resources. Your use of third-party websites is subject to the terms and conditions of those websites.
9. Disclaimer of Warranties
THE WEBSITE AND ALL CONTENT AND SERVICES PROVIDED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
WE DO NOT WARRANT THAT THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
10. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL THE COMPANY, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THE WEBSITE OR SERVICES.
OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATING TO THESE TERMS OR YOUR USE OF THE WEBSITE SHALL NOT EXCEED TWENTY DOLLAR ($20).
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.
11. Indemnification
You agree to indemnify, defend, and hold harmless the Company, its affiliates, officers, directors, employees, and agents from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys’ fees) that arise from or relate to:
- Your use of the Website
- Your violation of these Terms
- Your violation of any rights of another person or entity
- Any User Content you submit to the Website
12. Privacy Policy
Your use of the Website is also governed by our Privacy Policy, which is incorporated into these Terms by reference. Our Privacy Policy describes how we collect, use, and share information in connection with your use of the Website.
13. Modifications to the Website and Terms
13.1 Website Modifications
We reserve the right to modify, suspend, or discontinue any aspect of the Website at any time, with or without notice. We shall not be liable to you or any third party for any modification, suspension, or discontinuance of the Website.
13.2 Terms Modifications
We may revise these Terms at any time by posting an updated version on the Website. Your continued use of the Website after the posting of the revised Terms constitutes your acceptance of the changes. It is your responsibility to check the Terms periodically for changes.
14. Termination
14.1 Termination by Us
We reserve the right to terminate or suspend your access to the Website, without prior notice or liability, for any reason whatsoever, including, without limitation, if you breach these Terms.
14.2 Termination by You
You may terminate your account at any time by contacting us or, if available, using the account termination function on the Website.
14.3 Effect of Termination
Upon termination, your right to use the Website will immediately cease. All provisions of these Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
15. Governing Law and Dispute Resolution
15.1 Governing Law
These Terms shall be governed by and construed in accordance with the laws of Texas without regard to its conflict of law provisions.
15.2 Dispute Resolution
Any dispute arising out of or relating to these Terms or the Website shall be resolved by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. The arbitration shall be conducted in Travis County, Texas, and judgment on the arbitration award may be entered into any court having jurisdiction thereof.
15.3 Class Action Waiver
ANY ARBITRATION SHALL BE CONDUCTED ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. IF FOR ANY REASON A CLAIM PROCEEDS IN COURT RATHER THAN IN ARBITRATION, YOU WAIVE ANY RIGHT TO A JURY TRIAL.
15.4 Small Claims Court
Notwithstanding the foregoing, you may bring an individual action in the small claims court of your state or municipality if the action is within that court’s jurisdiction and is pending only in that court.
16. General Provisions
16.1 Entire Agreement
These Terms, together with the Privacy Policy, constitute the entire agreement between you and the Company regarding the Website and supersede all prior agreements and understandings, whether written or oral.
16.2 Severability
If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that the Terms will otherwise remain in full force and effect and enforceable.
16.3 No Waiver
Our failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of the Company.
16.4 Assignment
These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you without our prior written consent, but may be assigned by us without restriction.
16.5 Notices
Any notices or other communications permitted or required hereunder, including those regarding modifications to these Terms, will be in writing and given by the Company (i) via email (in each case to the address that you provide) or (ii) by posting to the Website.
17. Contact Information
If you have any questions about these Terms, please contact us via our contact page.