Instant Benefits Network, Inc. -   Legal Notice

 

This legal notice applies to all proprietary material available through this Internet site, www.instantbenefits.net, owned wholly by Benecom Inc. dba Instant Benefits Network, hereafter referred to as 'this Site'.

 

Intellectual Property:   Unless otherwise noted, product names, designs, logos, titles, text, images, audio and video within this Site are the trademarks, service marks, trade names, copyrights or other property of Benecom, Inc. (Intellectual Property of Instant Benefits Network, Inc.).  All other unregistered and registered trademarks are the property of their respective owners.  Nothing contained on this Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of the Intellectual Property of Instant Benefits Network, Inc. displayed on this Site without the written permission of Instant Benefits Network, Inc.

 

Use of this Site:   Instant Benefits Network, Inc. maintains this Site for your personal information, education, and communication.  Please feel free to browse this Site.  You may download material displayed on this Site for non-commercial, personal use only, provided you also retain all copyright and other proprietary notices contained on the materials.  You may not, however, distribute, modify, transmit, re-use, re-post, or use the content of this Site for public or commercial purposes, including the text, images, audio and video without written permission of Instant Benefits Network, Inc.  Changes periodically are made to the information contained in this Site.

 

No Warranties; Limitation of Liability:   THIS SITE IS PROVIDED 'AS IS' WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.  Instant Benefits Network, Inc. also assumes no responsibility, and shall not be liable for any such damages to or viruses that may infect your computer equipment, software, data or other property on account of your access to, use of, browsing in this Site or your downloading of any materials, data, text, images, video or audio from this Site or any linked sites.

 

In no event shall Instant Benefits Network, Inc. or any other party involved creating, producing, maintaining or delivering this Site, or any of their affiliates, or the officers, directors, employees, shareholders, or agents of each of them, be liable for any damages of any kind, including without limitation any direct, special, incidental, indirect, exemplary, punitive or consequential damages, whether or not advised of the possibility of such damages, and on any theory of liability whatsoever, arising out of or in connection with the use or performance of, or your browsing in, or your links to other sites from this Site.

 

Unaffiliated Products and Sites:   Descriptions of, or references to, products, publications or sites not owned by Instant Benefits Network, Inc. or its affiliates do not imply endorsement of that product, publication or site.  Instant Benefits Network, Inc. has not reviewed all material linked to this Site and is not responsible for the content of any such material.  Your linking to any other sites is at your own risk.

 

Communications with this Site:    You are prohibited from posting or transmitting any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law.  Instant Benefits Network, Inc. will fully cooperate with any law enforcement authorities or court order requesting or directing Instant Benefits Network, Inc. to disclose the identity of or help identify or locate anyone posting any such information or materials.

 

Any communication or material you transmit to this Site by e-mail or otherwise, including any data, questions, comments, suggestions, or the like is, and will be treated as, non confidential and non-proprietary.  Instant Benefits Network, Inc. cannot prevent the 'harvesting' of information from this Site, and you may be contacted by Instant Benefits Network, Inc. or unrelated third parties, by e-mail or otherwise, within or outside of this Site.  Anything you transmit may be edited by or on behalf of Instant Benefits Network, Inc., may or may not be posted to this Site at the sole discretion of Instant Benefits Network, Inc. and may be used by Instant Benefits Network, Inc. or its affiliates for any purpose, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast and posting.  Furthermore, Instant Benefits Network, Inc. is free to use any ideas, concepts, know-how, or techniques contained in any communication you send to this Site for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products using such information.

 

Although Instant Benefits Network, Inc. may from time to time monitor or review discussions, chats, postings, transmissions, bulletin boards, and the like on this Site, Instant Benefits Network, Inc. is under no obligation to do so and assumes no responsibility or liability arising from the content of any such locations nor for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger, or inaccuracy contained in any information within such locations on this Site.  Instant Benefits Network, Inc. assumes no responsibility or liability for any actions or communications by you or any unrelated third party within or outside of this Site.

 

United States Governing Law:   This Site was developed in the United States of America in accordance with and shall be governed by, and your browsing in and use of this Site shall be deemed acceptable of, the laws of the State of Washington, United States of America.  Notwithstanding the foregoing, this Site may be viewed internationally and may contain references to products or services not available in all countries.  References to a particular product or service do not imply that Instant Benefits Network, Inc. intends to make such products or services available in such countries.

 

 

Payment Terms:  Purchaser agrees not to initiate any transaction chargeback with their credit card issuer or bank, or to attempt to discharge any or all of the payment amount in bankruptcy, but to process any refund or replacement request with Seller in accordance with the terms and conditions as stated below.  In the event that purchaser has not received a refund or replacement within sixty (60) days of such request, the purchaser shall have the right to initiate the transaction chargeback with their credit card issuer or bank.

 

Warranties and Shipping Disclaimers:  

 

            Limitation of Liability and Warranty:      Seller provides the manufacturers’ warranty to Purchaser that the goods and services purchased pursuant to this Agreement shall be free from defects in material and workmanship at the time of delivery under this Agreement.  In the event of any defect, the following return, refund, and warranty terms shall apply:

 

            1.         If Purchaser returns any unused or unopened product to Seller not later than two weeks from the date of invoice, Seller shall refund the purchase price less a 15% restocking charge.

 

            2.         Seller provides a 14 day warranty on functional defects from date of invoice.

 

            3.         If Purchaser gives written notice of any such defect describing in detail the alleged defect and delivers (a) a copy of the original invoice, and (b) the actual defective product on or before the expiration of the warranty period, Seller shall reimburse the Purchaser the full amount of the purchase price plus shipping and handling.  Any defective product returned to Seller within two weeks of invoice date shall receive a refund less the stocking charge.  Prices for any product shall remain valid for a period of two days from date of invoice.

 

            4.         Purchaser agrees that the Seller shall not be liable in any way for any damage that may occur during the shipping of the product to the purchaser.  The Purchaser agrees that it shall be liable for any and all damage(s) resulting directly from the shipping and handling of the merchandise.

 

            5.         Any incorrect or missing items in the purchase order received by Purchaser must be reported to Seller within two (2) business days of invoice date.

 

            6.         This warranty shall not apply to any merchandise that has been abused, misused, used, neglected or damaged.

 

Exclusivity:

 

THE WARRANTIES SET FORTH IN THIS NOTICE ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED (INCLUDING BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS), WITH REGARD TO ANY PRODUCTS.