Terms and Conditions

Benefit Mobile, Inc. ("Company") maintains this Web site (the "Site") as a service to our customers and the businesses they represent (collectively, "User" or "you"). By using this Site, the User agrees to accept and abide by the Terms and Conditions of Use set forth in this agreement and agrees to comply with all applicable laws and regulations. If User does not agree to accept and abide by these Terms and Conditions of Use, do not use the Site. Company may revise or modify these Terms and Conditions of Use at any time from time to time and post such revisions or modifications on this page. Continued use of the Site after any such revision or modification constitutes User's acceptance of the Terms and Conditions of Use as so revised or modified.

1. LAWS AND REGULATIONS.

User access to the Site is subject to any and all applicable federal, state and local laws and regulations.

2. PRICING ERRORS.

If a product or service listed has an incorrect price due to a typographical error or an error in pricing information, Company has the right to refuse or cancel any orders placed for a product or service listed at the incorrect price. If your credit card has already been charged for the product or service and your order is cancelled, your account will be credited within seventy-two (72) hours.

3. COPYRIGHT.

All content included on the Site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Company or its content suppliers and protected by United States and international copyright laws. The compilation of all content on this site is the exclusive property of Company and protected by United States and international copyright laws. All software used on this site is the property of Company or its software suppliers and protected by United States and international copyright laws.

4. OWNERSHIP/LIMITED LICENSE.

Company owns all information, content, materials, and other items on the Site (collectively, the "Company Materials"). Subject to these Terms and Conditions of Use, Company grants User a limited, non-exclusive, non-transferable, revocable right to view, print and use this Site and the Company Materials provided herein. Company authorizes User to view and use this Site solely for User's own internal business purposes. This limited authorization is not a transfer of title in or to the Company Materials and User further agrees to the following restrictions: (i) User must retain all copyright, trademark and other proprietary notices contained in the Company Materials; (ii) User may not modify the Company Materials in any way or reproduce or publicly display them; and (iii) User must not transfer the Company Materials to any other person or third party. User agrees to comply with all applicable copyright, trademark, and other intellectual property laws in using this Site. Except for the limited license provided herein, User does not acquire any ownership interest, express or implied, under any patents, trademarks, copyrights or trade secret information viewed through the Site. Users of this Site are prohibited from modifying, copying, distributing, displaying, creating derivative works or using any of the Company Materials on this Site for commercial or public purposes.

5.NO WARRANTIES/DISCLAIMER.

THIS SITE AND THE COMPANY MATERIALS ARE PROVIDED ON AN "AS IS" BASIS AND AS SUCH THIS SITE AND THE COMPANY MATERIALS MAY CONTAIN INACCURACIES AND TYPOGRAPHICAL ERRORS. COMPANY DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE COMPANY MATERIALS OR ANY OPINION, ADVICE OR STATEMENT DISPLAYED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE REGARDING THE SITE AND THE COMPANY MATERIALS. COMPANY DOES NOT WARRANT THAT THIS SITE, ITS SERVICES OR E-MAIL SENT FROM COMPANY ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. COMPANY WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OF LIMITATIONS OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

6. REGISTRATION/PERSONAL INFORMATION.

User may have the opportunity to provide certain personal information to access certain portions of this Site. The collection or use of such personal information shall be governed in accordance with Company's Privacy Policy.

7. COMPANY'S PRIVACY POLICY.

Registration data and certain other information about User is subject to Company's Privacy Policy.

8. FORUMS.

Postings by User to any message board-Bulletin Board, chat-room or forum, located in this Site will not be protected as confidential, and Company may use and provide information contained in any such postings (including any remarks, suggestions, ideas, concepts, know-how or other intellectual property) to other Users, or any parent, subsidiary, and/or affiliates of Company for any purpose whatsoever and as deemed appropriate by Company. By providing any such information or materials to Company, User grants to Company an unrestricted, irrevocable, worldwide, royalty-free license to use, reproduce, and display such information and materials, and you agree that Company is free to use any remarks, suggestions, ideas, concepts, know-how or other intellectual property. User acknowledges and agrees that User is responsible for whatever material User submits on this Site and User agrees not to post or otherwise disseminate on this Site any unlawful, defamatory, libelous, threatening, obscene, harassing, vulgar or otherwise unlawful information of any kind, or materials that incorporate the proprietary rights of any person. User understands and agrees that Company, its parent, subsidiaries, affiliates, officers, directors, employees and shareholders shall have no liability for any information or material contained on a bulletin board or other posting site.

9. LINKS.

Company may provide hyperlinks on this Site links to other Web sites. If User links to these sites, User will leave this Site and User does so at User's own risk. Company makes no warranty or representation regarding any linked Web sites or the information appearing on such linked sites. The links do not imply that Company sponsors, endorses, is affiliated or associated with, or is legally authorized to use any trademark, trade name, logo or copyright symbol displayed in the linked sites. Company prohibits caching, unauthorized hypertext links to this Site, or the framing of any Company Materials available on this Site. As such, Company reserves the right to disable any unauthorized links or frames and specifically disclaims any responsibility for the Company Materials available on any other Web site linked to this Site. Users should be aware that linked sites may contain rules and regulations, privacy policies, confidentiality policies, and other provisions that differ from the provisions of this Site. Company is not responsible for such policies and expressly disclaims any and all liability related to such policies.

10. LIMITATIONS OF DAMAGES.

IN NO EVENT SHALL COMPANY, ITS PARENT, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS EMPLOYEES, AND/OR SHAREHOLDERS HAVE ANY LIABILITY HEREUNDER TO ANY USER OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES (INCLUDING, WITHOUT LIMIATION, ANY DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LOSS OF INFORMATION, LITIGATION, OR THE LIKE) THAT ARE RELATED TO THE USE OF THE COMPANY MATERIALS AND THIS SITE AND THAT ARE BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR OTHERWISE, EVEN IF COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE LIMITATION ON DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN COMPANY AND USER REGARDING USE OF THIS SITE. THIS SITE AND THE COMPANY MATERIALS WOULD NOT BE PROVIDED TO USER WITHOUT SUCH LIMITATION ON DAMAGES.

11. ACCESS TO PROTECTED/SECURE AREAS.

Access to and use of password protected and/or secure areas of this Site are restricted to authorized Users only. Unauthorized individuals attempting to access these areas of the Site may be subject to prosecution.

12. VIOLATIONS OF TERMS AND CONDITIONS.

Company reserves the right to seek all remedies available at law and in equity for violations of these Terms and Conditions of Use.

13. DISPUTES.

Any dispute relating in any way to your visit to benefit-mobile.com or to the products or services you purchase through benefit-mobile.com shall be submitted to confidential arbitration in Grand Rapids, Michigan, except that, to the extent you have in any manner violated or threatened to violate Company's intellectual property rights, Company may seek injunctive or other appropriate relief in any state or federal court in the state of Michigan, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator's award shall be binding and may be entered as a judgement in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.

14. SECURITIES LAWS.

This Site may include statements concerning Company's operations, prospects, financial condition and demand for our products and/or services, as well as plans and objectives that are forward looking. These statements are assumptions that are subject to many factors, many of which are beyond Company's control. The Site and the information contained herein does not constitute an offer or a solicitation for the sale of securities. None of the information contained in this Site is intended to be, and shall not be deemed to be, incorporated into any securities-related filings or documents.

15. INFORMATION/PRESS RELEASES.

This Site may contain information and press releases concerning Company. While this information was believed to be accurate to the best of Company's knowledge when put on this Site, Company expressly disclaims any duty or obligation to update such information or keep such information current.

16. GENERAL.

User agrees to review these Terms and Conditions of Use prior to reviewing any information from the Site. Any cause of action User may have with regard to the use of this Site must be instituted within one (1) year after the claim or cause of action arises or be deemed forever waived and barred. If any court of competent jurisdiction finds any provision of this Agreement to be unenforceable, such provision shall be enforced to the maximum extent permissible, and the remainder of this Agreement shall be separately enforced.

17. USER RESPONSIBILITIES.

User is responsible for the actions of all individuals who utilize the Site as part of any User program encouraging those affiliated with User to utilize the products and/or services offered by the Site. In particular, User shall be solely responsible for determining which individuals may or may not participate in any programs it sponsors or offers which utilize the Site. The Company is not responsible in any way for determining which individuals should and should not utilize the Site as part of User programs which involve the use of the Site. In addition, User is responsible to comply with all additional rules, regulations and use restrictions established by any gift card issuer and/or processor which is obtained by, through or in association with the Site and/or the Company. However, Company shall not hold User responsible for any insufficient funds checks issued by those affiliated with User. Company shall pursue the issuers of any such checks directly and not through User.

18. ELECTRONIC FUND TRANSFERS ("EFTs")

By creating an account with Company and initiating bank deposits or withdraws (i.e. EFTs), you agree to the terms of service and privacy policy of our financial software provider, SynapseFI, and SynapseFI financial institution partner’s Terms of Service and Privacy Policy (“SynapseFI TOS”) which are incorporated herein by reference. Terms not defined in this section shall be defined in SynapseFI TOS.

We have partnered with SynapseFI, a financial services software company, to allow you to purchase products and services from a bank account. When you sign up for an account with Company and choose to link a bank account, you will also be prompted to sign up for a SynapseFI User Account (as defined in SynapseFI TOS). You authorize us to share your identity and banking information with SynapseFI to open and support your User Account as further details in our Privacy Policy and SynapseFI’s Privacy Policy. It is your responsibility to make sure the data you provide us is accurate and complete. Additionally, you are responsible for complying with SynapseFI TOS when using your User Account. It Is Your Responsibility To Read and understand SynapseFI Tos As It Contains terms and conditions relating to your SynapseFI user account including but not limited to Your Rights, Limitations, reversal and other Liabilities, Limitation Of Liability And binding Arbitrations Provisions.

When you open a SynapseFI User Account, you will link a checking or savings account to perform EFTs.

All EFT transactions are performed by SynapseFI financial institution partner. Company and SynapseFI only transmit transaction instructions to SynapseFI financial institution partner and do not hold deposits in your Synapse User Account. Company will provide you with all transaction notifications in addition to providing customer support relating to your SynapseFI User Account as detailed below. Company will provide you a monthly summary of transaction activity.

Bank services are provided by Evolve Bank, Member FDIC, through our banking software provider, SynapseFI. To report a complaint relating to the bank services, email help@synapsefi.com.

19. ERROR RESOLUTION

(1) Errors or Questions about Transactions

Please contact us by emailing us at support@benefit-mobile.com (1) if you believe a transaction receipt or a statement is wrong, or (2) if you need more information about a transaction on the receipt or statement. For consumer accounts, we must hear from you no later than sixty (60) days after we sent you the first statement on which the error or problem appeared. For business accounts, we must hear from you within one (1) business day of us sending you a receipt. Your inquiry must include: (x) your name, email associated with your account, and your account number (if available); (y) a description of the error or the transaction you are unsure about, and a clear explanation of why you believe there is an error or why you need more information; and (z) the dollar amount of the suspected error. If you tell us orally, we may require that you send us your inquiry via email within ten (10) business days.

(2) Time Periods

Ten-Day Time Period - Company will investigate promptly and, except as otherwise provided in this paragraph, shall determine whether an error occurred within 10 business days of receiving a notice of error. Company shall report the results to the consumer in writing within three business days after completing its investigation. Company shall correct the error within one business day after determining that an error occurred.

Forty Five-Day Time Period - If Company is unable to complete its investigation within 10 business days, Company may take up to 45 days from receipt of a notice of error to investigate and determine whether an error occurred, provided Company does the following:

  1. Provisionally credits the consumer's account in the amount of the alleged error (including interest where applicable) within 10 business days of receiving the error notice. Company need not provisionally credit the consumer's account if:
    • Company does not receive written confirmation within 10 business days of an oral notice of error; or
    • The alleged error involves an account that is subject to Regulation T (Securities Credit by Brokers and Dealers, 12 CFR part 220)
  2. Informs the consumer, within two business days after the provisional crediting, of the amount and date of the provisional crediting and gives the consumer full use of the funds during the investigation;
  3. Corrects the error, if any, within one business day after determining that an error occurred; and
  4. Reports the results to the consumer within three business days after completing its investigation (including, if applicable, notice that a provisional credit has been made final).

(3) Extension of time periods. The time periods described above may be extended as follows:

  • Extension of Ten-Day Time Period - The time limit for resolution is extended to 20 business days in place of 10 business days if the notice of error involves an electronic fund transfer to or from the account within 30 days after the first deposit to the account was made; or
  • Extension of Forty Five-Day Time Period - The time limit for resolution is extended to 90 days in place of 45 days for completing an investigation, if a notice of error involves an electronic fund transfer that occurred within 30 days after the first deposit to the account was made.