Terms of Use

Agreement Between User and FBS

Welcome to fbsbenefits.com (the “Website”). This Website is provided by Financial Benefit Services, LLC (“FBS”) as a service to the public and our customers.

The Website is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of the Website constitutes your agreement to all such terms, conditions, and notices.

Modification of These Terms of Use

FBS reserves the right to change the terms, conditions, and notices under which the Website is offered, including but not limited to the charges associated with the use of the Website.

Links to Third Party Sites

The Website may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of FBS and FBS is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. FBS is not responsible for webcasting or any other form of transmission received from any Linked Site. FBS is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by FBS of the site or any association with its operators.

No Unlawful or Prohibited Use

As a condition of your use of the Website, you represent and warrant to FBS that you will not use the Website for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Website in any manner which could damage, disable, overburden, or impair the Website or interfere with any other party’s use and enjoyment of the Website. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Website.

Use of Communication Services

The Website may contain bulletin board services, chat areas, news groups, forums, communities, personal webpages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, “Communication Services”), you agree to use the Communication Services only to post, send, and receive messages and material that are proper and related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service, 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, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent, or unlawful topic, name, material, or information.
Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents.
Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer.
Advertise or offer to sell or buy any goods or services for any business purpose unless such Communication Service specifically allows such messages.
Conduct or forward surveys, contests, pyramid schemes or chain letters.
Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner.
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 is uploaded.
Restrict or inhibit any other user from using and enjoying the Communication Services.
Violate any code of conduct or other guidelines which may be applicable for any Communication Service.
Harvest or otherwise collect information about others, including e-mail addresses, without their consent.
Violate any applicable laws or regulations.

FBS has no obligation to monitor the Communication Services. However, FBS reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. FBS reserves the right to terminate your access to the Communication Services at any time without notice for any reason whatsoever.

Additionally, FBS 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, in FBS’ sole discretion.

FBS recommends you always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. FBS does not control or endorse the content, messages or information found in any Communication Service and, therefore, FBS specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized FBS spokespersons, and their views do not necessarily reflect those of FBS.

Finally, materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction, and/or dissemination. You are responsible for adhering to such limitations if you download the materials.

Materials Provided to FBS or Posted at Any FBS Website

FBS does not claim ownership of the materials you provide to FBS (including feedback and suggestions) or post, upload, input, or submit to the Website or its associated services (collectively “Submissions”). However, by posting, uploading, inputting, providing, or submitting your Submission you are granting FBS, its affiliated companies, and necessary sublicensees permission to use your Submission in connection with the operation of their businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, and reformat your Submission, as well as to publish your name in connection with your Submission.

Please note, no compensation will be paid with respect to the use of your Submission. FBS is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in FBS’ sole discretion.

By posting, uploading, inputting, providing, or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input, or submit the Submissions.

Liability Disclaimer

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE WEBSITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. FBS AND ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES TO THE WEBSITE AT ANY TIME. ADVICE RECEIVED VIA THE WEBSITE SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS, AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.

FBS AND ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, OR ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS CONTAINED ON THE WEBSITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. FBS AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL FBS, NOR ITS SUPPLIERS, BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE WEBSITE, WITH A DELAY, AN INABILITY TO USE THE WEBSITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE WEBSITE, OR OTHERWISE ARISING OUT OF THE USE OF THE WEBSITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, EVEN IF FBS OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE WEBSITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE WEBSITE.

Access Restriction

FBS reserves the right, in its sole discretion, to terminate your access to the website and the related services or any portion thereof at any time, without notice.

General

To the maximum extent permitted by law, this agreement is governed by the laws of the State of Texas and you hereby consent to the exclusive jurisdiction and venue of courts in Dallas County, Texas, in all disputes arising out of or relating to the use of the Website. Use of the Website is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and FBS because of this agreement or use of the Website. FBS’ performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of FBS’ right to comply with governmental, court, and law enforcement requests or requirements relating to your use of the Website or information provided to or gathered by FBS with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and FBS with respect to the Website and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between the user and FBS with respect to the Website. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be drawn up in English.

Copyright and Trademark Notices

Further, the names of actual companies and products mentioned herein may be the trademarks of their respective owners.

Any rights not expressly granted herein are reserved.

Notices and Procedure for Making Claims of Copyright Infringement

Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement under United States copyright law should be sent to Service Provider’s Designated Agent. ALL INQUIRIES NOT RELEVANT TO THE FOLLOWING PROCEDURE WILL RECEIVE NO RESPONSE.

FBS will respond to allegations of copyright violations in accordance with the Digital Millennium Copyright Act (DMCA). The DMCA provides a process for a copyright owner to give notification to an online service provider concerning alleged copyright infringement. When a valid DMCA notification is received, the service provider responds under this process by taking down the offending content. On taking down content under the DMCA, we will take reasonable steps to contact the owner of the removed content so that a counter-notification may be filed. On receiving a valid counter-notification, we generally restore the content in question, unless we receive notice from the notification provider that a legal action has been filed seeking a court order in the dispute or to any other third parties, at our discretion and as required by law. FBS’ privacy policy does not protect information provided in these notices.

Note: THE FOLLOWING INFORMATION IS PROVIDED EXCLUSIVELY FOR NOTIFYING FBS THAT YOUR COPYRIGHTED MATERIAL MAY HAVE BEEN INFRINGED. ALL OTHER INQUIRIES, SUCH AS REQUESTS FOR TECHNICAL ASSISTANCE, REPORTS OF EMAIL ABUSE, AND PRIVACY REPORTS, WILL NOT RECEIVE A RESPONSE THROUGH THIS PROCESS.

Notification

If you believe that your work was copied or posted on FBS’ website in a way that constitutes copyright infringement, please contact our designated agent at the email address below:

Financial Benefit Services, LLC

ATTN: General Counsel

2175 N Glenville Dr.

Richardson, TX 75082

Email: [email protected]

If your concern is with content you posted to any FBS webpage, please note that by submitting, posting, or displaying your content on our site, you grant FBS and its end users a worldwide, royalty-free, non-exclusive license as specified in these Terms of Use.

If your content has not been posted to any FBS site previously, your notification must include the following information:

a description of the copyrighted work you claim to have been infringed. If you are not the owner of the copyrighted work, you must also include your electronic or digital signature as a person authorized to act on behalf of the copyright owner;
a description of where the material that you claim is infringing is located on the Website;
information reasonably sufficient to permit FBSto contact you, such as an address, telephone number, and if available, an email address at which you may be contacted;
a statement that you have a good faith belief that the use of the material is not authorized by the copyright owner, its agent, or the law; and
a statement by you, made under penalty of perjury, that the information in your notification is accurate, and that you are the copyright owner or are authorized to act on behalf of the copyright owner.

Upon receipt of the written Notification containing the information as outlined in (i) through (v) above, FBS shall:

remove or disable access to the material that is alleged to be infringing;
forward the written notification to such alleged infringer, if the alleged infringer can be identified and their contact information obtained through reasonable efforts; and
take reasonable steps to promptly notify the alleged infringer that it has removed or disabled access to the material.

Counter Notification

To be effective, a Counter Notification must be a written communication provided to FBS’ Designated Agent that includes substantially the following:

a physical or electronic signature of the alleged infringer;
identification of the material that has been removed or to which access has been disabled and location at which the material appeared before it was removed or access to it was disabled;
a statement under penalty of perjury that the alleged infringer has a good faith belief that the material was removed or disabled because of a mistake or misidentification of the material to be removed or disabled;
the alleged infringer’s name, address, and telephone number; and
a statement that the alleged infringer consents to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if the alleged infringer’s address is outside of the United States, for any judicial district in which FBS may be found, and that the alleged infringer will accept service of process form the person who provided notification or an agent of such person.

Upon receipt of a Counter Notification containing the information as outlined in (i) through (v) above, FBS shall:

promptly provide the complaining party with a copy of the Counter Notification;
inform the complaining party that it will replace the removed material or cease disabling access to it within 10 business days; and
replace the removed material or cease disabling access to the material within 14 business days following receipt of the Counter Notification, provided FBS’ Designated Agent has not received notice from you that an action has been filed seeking a court order to restrain the alleged infringer from engaging in infringing activity relating to the material on FBS’ website.

Changes to the Website

FBS may change these Terms of Use from time to time. When updates are made, the version date (located at the bottom of this Terms of Use) will also be updated to reflect a revision occurred. We encourage you to periodically reread this Terms of Use to see if there have been changes that affect you.

Version: October 2020