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Terms of Use

Corporate Benefit Strategies (“CBS”) welcomes you to its site. We ask that you read the following. By accessing the site, you are indicating your acceptance of these Terms of Use and the Privacy Policy located elsewhere on this site. By accessing, viewing, or using this site, you acknowledge that you have read, understand, and agree with these terms. If you do not wish to be bound by these terms, please do not use this site.

Restrictions on use

This site is to be used for informational purposes only. You may use this site solely for personal, non-commercial purposes. You may not use this site for any other purpose, including any commercial purpose. The information on this site is only intended for persons residing in the United States.

Privacy Policy

Click here to access CBS’ Privacy Policy governing the use of information that CBS obtains from you through your use of this site.

 

Proprietary and copyright protected information

The material and content accessible from this site (the “Content”) is the proprietary information of CBS or the party that provided the Content to CBS, and CBS or the party that provided the Content to CBS retains all right, title, and interest in the Content. This site, including all Content, is copyrighted and protected by international copyright laws and treaty provisions.


You agree to comply with all copyright laws worldwide in your use of this site, and agree that the site and Content may not be copied, distributed, republished, uploaded, posted, or transmitted in any way without the prior written consent of CBS, except that you may print out a copy of the Content solely for your personal use. In doing so, you may not remove or alter any copyright, trademark or other proprietary notice appearing on any of the Content. No intellectual property rights are transferred to you by access to this site or otherwise.

Non-Public Area Access; Password Security and Notification

To access some of the non-public areas of this site, you may be asked to provide certain registration details or other information. It is a condition of your use of this site that all the information you provide on this site will be correct, current, and complete. If CBS believes the information you provide is not correct, current, or complete, CBS has the right to refuse you access to this site or any of its resources, and to terminate or suspend your access at any time.


If you have a Personal Identification Number (“PIN”) or password for access to non-public areas of the CBS site, you are solely responsible for all activities that occur in connection with your PIN/password, and you will be responsible for the security of your PIN/password.  Accordingly, you should take steps to protect the confidentiality of your PIN/password. Notify CBS immediately if you become aware of any disclosure, loss, theft or unauthorized use of your PIN/password. Any PIN/passwords used for this site are for individual use only. CBS will be entitled to monitor your PIN/password and, at its discretion, require you to change it. If you use a PIN/password that CBS considers insecure, CBS will be entitled to require the PIN/password to be changed and/or terminate your account.

Third-party sites

As a convenience to you, we may provide on this site general news and information, commentary, interactive tools, and data. Some of that content is supplied by companies that are not affiliated with CBS (“Third Party Content”). Third Party Content may be made available through framed areas or through hyperlinks to third party web sites operated by other entities (“Linked Sites”), and its source is clearly and prominently identified. Although Third Party Content may be framed-in on the CBS site or available through a link to a Linked Site, CBS does not maintain, control, govern, prepare, edit, or endorse Third Party Content or Linked Sites. The content, accuracy, opinions expressed, and other links provided by Third Party Content and Linked Sites are not investigated, verified, monitored or endorsed by CBS. CBS therefore does not endorse, make any representations regarding or warrant any information, goods, and/or services appearing and/or offered in any Third Party Content or on any Linked Site. You will use Third Party Content or Linked Sites at your own risk, and it is your responsibility to take all protective measures to guard against viruses or other destructive elements. CBS reserves the right to discontinue any Third Party Content or Linked Site at any time without prior notice.

No Investment Recommendations or Professional Advice

Generally, this site is not intended to provide tax, legal, insurance or investment advice, and nothing on the site should be construed as an offer to sell, a solicitation of an offer to buy, or a recommendation for any security by CBS or any third party. Unless otherwise specified, you alone are solely responsible for determining whether any investment, security or strategy, or any other product or service, is appropriate or suitable for you based on your investment objectives and personal and financial situation. You should consult an attorney or tax professional regarding your specific legal or tax situation.

Rules for external links to site

CBS welcomes links to this site. You may establish a hypertext link, provided that the link does not state or imply any sponsorship or endorsement of your products or your site by CBS. You may not frame or otherwise incorporate into another Web site any of the content or other materials on the CBS site. CBS may revoke this consent at any time and for any reason. If you do link to the site, you should be aware that internal pages change frequently and without notice, and your link may be repositioned or deleted as a result.

Submissions

You hereby grant to CBS the royalty-free, perpetual, irrevocable, worldwide, nonexclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display all content, remarks, suggestions, ideas, graphics, or other information communicated to CBS through this site (together, the “Submission”), and to incorporate any Submission in other works in any form, media, or technology now known or later developed. CBS will not be required to treat any Submission as confidential, and may use any Submission in its business (including without limitation, for products or advertising) without incurring any liability for royalties or any other consideration of any kind, and will not incur any liability as a result of any similarities that may appear in future CBS operations. CBS will treat any personal information that you submit through this site in accordance with its Privacy Policy.

Disclaimers

You expressly agree that use of this site is at your sole risk. Neither CBS, its affiliates, nor any of its officers, directors, employees, agents, third-party content providers or licensors warrant that this site will be uninterrupted or error-free; nor do they make any warranty as to the results that may be obtained from the use of this site, or as to the accuracy, completeness, reliability, security, or currency of the information contained on this site. This site may contain errors, omissions, inaccuracies or outdated information, and CBS does not warrant that any defects or inaccuracies will be corrected. CMS reserves the right to correct errors or omissions or to make any other changes to this site at any time without notice.

You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to this site for the reconstruction of any lost data.


YOUR USE OF THIS SITE IS AT YOUR OWN RISK. THE CONTENT IS PROVIDED “AS IS” “WHERE IS” AND “WHERE AVAILABLE” AND WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, CBS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT.

Limitation on Liability

YOU AGREE THAT CBS, ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS WILL NOT BE LIABLE FOR ANY DAMAGE, LOSS OR EXPENSE RESULTING FROM YOUR USE OF THE SITE OR THE CONTENT, INCLUDING LOSS OF REVENUE OR INCOME, PAIN AND SUFFERING, EMOTIONAL DISTRESS, OR SIMILAR DAMAGES, EVEN IF CBS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER SUCH LIABILITY IS BASED IN TORT, CONTRACT OR OTHERWISE. IN NO EVENT SHALL CBS BE LIABLE TO YOU FOR ANY INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR OTHER DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, LOSS OR CORRUPTION OF DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR INTERRUPTION OF BUSINESS) ARISING OUT OF OR IN ANY WAY RELATED TO THE SITE OR THE CONTENT OR TO YOUR USE OF, OR INABILITY TO USE, THE SITE, REGARDLESS OF WHETHER CBS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL THE COLLECTIVE LIABILITY OF CBS AND ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS TO ANY PARTY (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED THE GREATER OF $100 OR THE ACTUAL AMOUNT YOU HAVE PAID TO CBS AS CONSIDERATION FOR THE APPLICABLE CONTENT OUT OF WHICH LIABILITY AROSE.

Indemnity

You will indemnify and hold CBS, its subsidiaries, affiliates, licensors, content providers, service providers, employees, agents, officers, directors, and contractors from and against any and all claims, loss, damages, judgments, awards and expenses, including reasonable attorney fees, arising out of or related in any way to your use of this site, violation of these Terms of Use, violation of any law or regulation, or violation of any proprietary or privacy right.

Trademarks

Trademarks, service marks, and logos appearing in this site are the property of CBS or the party that provided the trademarks, service marks, and logos to CBS. CBS and any party that provided trademarks, service marks, and logos to CBS retain all rights with respect to any of their respective trademarks, service marks, and logos appearing in this site.

Security

You are prohibited from using any services or facilities provided in connection with this site to compromise security or tamper with the system resources and/or accounts related to this or any other Web site. The use or distribution of tools designed for compromising security (e.g., password-guessing programs, cracking tools or network probing tools) is strictly prohibited. If you become involved in any violation of system security, CBS reserves the right to release your details to system administrators at other sites in order to assist them in resolving security incidents. CBS reserves the right to investigate suspected violations of these Terms of Use.


CBS reserves the right to fully cooperate with any law enforcement authorities or court order requesting or directing CBS to disclose the identity of anyone posting any e-mail messages, or publishing or otherwise making available any materials that are believed to violate these Terms of Use. BY ACCEPTING THIS AGREEMENT YOU WAIVE AND HOLD HARMLESS CBS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY CBS DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER CBS OR LAW ENFORCEMENT AUTHORITIES.

International users and choice of law

CBS makes no representation that materials at this site are appropriate or available for use at other locations outside of the United States and access to them from territories where their contents are illegal is prohibited. If you access this site from a location outside of the United States, you are responsible for compliance with all local laws. These Terms of Use shall be governed by the laws of the State of Michigan, without giving effect to its conflict of laws provisions. You agree to submit to the personal and exclusive jurisdiction of the state or federal courts located with in Kent County, Michigan for any disputes with CBS arising out of your use of this site.

Termination

CBS may terminate your access to the site for any reason, without prior notice.

Electronic Communications and electronic signatures

You agree to be bound by any affiliation, assent or agreement you transmit through this site, and you consent to receive communications from CBS through electronic transmission. You agree that when in the future you click on an “I agree”, “I consent” or other similarly worded “button” or entry field with your mouse, keystroke, or other computer device, your agreement or consent will be legally binding and enforceable and the legal equivalent of your handwritten signature.

Designated agent for notice of infringement claims

CBS respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, please provide CBS with the following information:

  1. A description of the copyrighted work or other intellectual property that you claim has been infringed;
  2. A description of where the material that you claim is infringing is located on the site, with enough detail that we may find it on the site:
  3. Your address, telephone number and e-mail address;
  4. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law;
  5. A statement by you made under penalty of perjury, that the information you provide in your notice is accurate and that you are the copyright or intellectual property owner or are authorized to act on the copyright or intellectual property owner's behalf;
  6. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest.

CBS’s designated Agent for Notice of claims of copyright or other intellectual property infringement can be reached as follows:

By mail:
5001 Plainfield Ave NE
Suite A
Grand Rapids, MI

By phone: 616-365-2413

By e-mail: cbs@cbscobra.com

Changes

CBS reserves the right, at its sole discretion, to change, modify, add or remove any portion of these Terms of Use in whole or in part, at any time, and you agree to be bound by the revised Terms. Changes will be effective when notice of such change is posted. Your continued use of the site after any changes to these Terms of Use are posted will be considered acceptance of those changes. It is your responsibility to return to these Terms of Use from time to time to review the most current terms and conditions. CBS does not and will not assume any obligation to notify you of changes to these Terms.


CBS may terminate, change, suspend or discontinue any aspect of the site, including the availability of any features of the site, at any time. CBS may also impose limits on certain features and services or restrict your access to parts or all of the site without notice or liability.

Miscellaneous

If any part of these Terms of Use is unlawful, void or unenforceable, that part will be enforced to the maximum extent permissible so as to effect the intent of these Terms of Use, and the remainder of these Terms shall continue in full force and effect. No waiver by either party of any breach of default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. These Terms of Use constitute the entire agreement among the parties relating to this subject matter.

 

Last updated: September 13, 2007

Copyright © 2007 Corporate Benefit Strategies