Terms of Use

IMPORTANT - READ CAREFULLY BEFORE ACCESSING, READING OR OTHERWISE USING THIS WEB SITE.

BY ACCESSING, READING OR OTHERWISE USING ANY PORTION OF OUR WEB SITE, YOU ARE DEEMED TO HAVE READ, UNDERSTOOD AND AGREED TO BE BOUND BY ALL OF THE BELOW TERMS OF USE.

1. General Rules of Use

1.1 These Terms of Use govern your access to and use of the web site www.benefitsgrowthnetwork.com (the 'Web site') and all services provided therein (the 'Service'), regardless of the manner in which you access the Web site and regardless of whether you have formally registered to use the Service. In addition to complying with this Agreement and the Privacy Policy, you also agree to abide by any and all applicable local, national, and international laws and regulations.

1.2 You are hereby granted the right and license to access, download, read, and make hard-copy printouts of the Web site for your personal, non-commercial purposes in accordance with the other Terms of Use set forth herein.

1.3 You further are granted the right to use and participate in any interactive components of the Service to the extent you do so for your personal, non-commercial purposes in accordance with Section 3 below and the other Terms of Use set forth herein.

1.4 Except as expressly permitted under Sections 1.2 and 1.3 above, you may not reproduce, distribute, display, modify, publish, transmit, participate in the transfer, sale or license of, create new works from, perform, or in any other way exploit, any portion of the Web site or Service, in whole or in part, without the express written consent of Benefits Growth Network, the owner of Benefits Growth Network (hereinafter simply Benefits Growth Network'). You may not make use of any robots, spiders, or similar data mining, data gathering or extraction tools or manual processes to collect, gather or copy any of the Content in an unauthorized manner. You may not engage in the practices of "screen scraping," "database scraping," or any other practice or activity the purpose of which is to obtain lists of users, portions of a database, or other lists or information from this Web site, in any manner or in any quantities not authorized in writing by Benefits Growth Network. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Benefits Growth Network or its affiliates without prior express written consent. You may not use meta tags or any other "hidden text" utilizing Benefits Growth Network's name or trademarks without the express written consent of Benefits Growth Network. Systematic retrieval of the Content or other data from this Web site to create or compile, directly or indirectly, in whole or in part, a collection, compilation, database or directory without the express written permission of Benefits Growth Network is strictly prohibited. The Web site and Service are intended for non-commercial use only, and any commercial use of the Web site or Service is expressly prohibited without the express written consent of Benefits Growth Network.

1.5 To request written consent to use the Web site or any component of the Service in a manner not expressly permitted under Sections 1.2 and 1.3 above, please write or fax Benefits Growth Network at:

Benefits Growth Network
c/o Kevin Trokey
1430 Washington Avenue, Suite 210, St. Louis, MO 63103

Please include your phone number, contact information and a detailed description of your proposed usage.

2. Intellectual Property

2.1 Except for the license granted herein, all right, title and interest in the Web site and Service (including, without limitation, all copyrights, patents, trademarks, service marks, trade names, trade secrets, publicity rights and all other intellectual property rights therein) are and shall continue to be the exclusive property of Benefits Growth Network, its affiliates and/or licensors.

2.2 You shall abide by all intellectual property notices, information and/or restrictions contained in the Web site and Service.

2.3 If you download or copy from the Web site and/or Service (which, once again, is permitted only for personal, non-commercial use), you shall maintain all intellectual property and other notices contained therein.

3. Interactive Components of Service

3.1 The interactive components of the Service that allow you to make submissions are provided to you solely for personal, non-commercial purposes.

3.2 In making submissions to the interactive components of the Service, you shall not use any language or material, or otherwise engage in any conduct, that is or might reasonably be perceived to be defamatory, obscene, pornographic, abusive, hateful, threatening, harassing, disrespectful, embarrassing, discriminatory (on the basis of race, religion, age, gender, sexual preference, disability, nationality, etc.), infringing (of any third party copyright, trademark, trade secret, publicity right, privacy right, proprietary right, etc.), fraudulent or otherwise illegal, offensive or disruptive.

3.3. In making submissions to the interactive components of the Service, you further shall not (a) impersonate any person or entity, nor misstate your affiliation with a person or entity, (b) transmit any unsolicited or unauthorized advertising or promotional materials (including, without limitation, junk mail or spam), (c) transmit any material that contains computer viruses or any other invasive or destructive forces.

3.4 In making submissions to the interactive components of the Service, you consent to the submissions (a) being displayed on the Web site, (b) being used by Benefits Growth Network for any promotional purposes deemed appropriate by Benefits Growth Network in its sole discretion, (c) being edited, moved and/or removed by Benefits Growth Network to the extent Benefits Growth Network determines, in its sole discretion, that they violate any of the provisions of Sections 3.2 and 3.3 above.

3.5 Commercially available parental control protections (such as computer hardware, software, or filtering services) are available that may assist you in limiting access to material that is harmful to minors. Information on such protection is available at sites such as: netnanny.com. The preceding link is provided for your convenience and for information purposes only. Benefits Growth Network is not affiliated with Content Watch or netnanny.com and this is not intended as an endorsement of Content Watch's internet site, services or policies.

4. Representations, Warranties, Limitations of Liability, Indemnification

4.1 In making submissions to the interactive components of the Service, you represent and warrant that (a) you are at least eighteen (18) years of age, (b) no language or material violates any of the provisions of Sections 3.2 and 3.3 above.

4.2 Benefits Growth Network DOES NOT REPRESENT OR ENDORSE THE ACCURACY OR RELIABILITY OF ANY INFORMATION CONTAINED IN THE WEB SITE AND SERVICE. ACCORDINGLY, THE WEB SITE AND SERVICE ARE PROVIDED 'AS IS,' WITHOUT WARRANTY OR CONDITION OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, NOR ANY WARRANTIES ARISING BY USAGE OF TRADE, COURSE OF DEALING OR COURSE OF PERFORMANCE. Benefits Growth Network MAKES NO WARRANTIES OR REPRESENTATIONS TO YOU (I) THAT YOUR ACCESS TO THE WEB SITE AND SERVICE WILL BE UNINTERRUPTED OR FREE OF ERROR, COMPUTER VIRUSES OR ANY OTHER INVASIVE OR DESTRUCTIVE FORCES, (II) AS TO THE ACCURACY, COMPLETENESS OR CURRENCY OF ANY INFORMATION CONTAINED IN THE WEB SITE AND SERVICE. YOU HEREBY ACKNOWLEDGE THAT USE OF THE WEB SITE AND SERVICE IS AT YOUR SOLE RISK.

4.3 IN NO EVENT SHALL Benefits Growth Network OR ANY PERSON OR ENTITY AFFILIATED WITH Benefits Growth Network BE LIABLE FOR ANY LOST PROFITS OR OTHER CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, INDIRECT OR SPECIAL DAMAGES RELATING IN WHOLE OR IN PART TO YOUR RIGHTS HEREUNDER OF THE USE OF, OR INABILITY TO USE, THE WEB SITE OR SERVICE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF ANY OF THE WAIVERS AND DISCLAIMERS CONTAINED IN THIS AGREEMENT IS FOUND TO BE IMPERMISSIBLE, THEN THE LIABILITY OF Benefits Growth Network IS LIMITED TO THE GREATEST PROTECTION PERMITTED UNDER THE APPLICABLE LAWS.

4.4 You hereby agree to indemnify, defend and hold harmless Benefits Growth Network and all of its members, managers, officers, directors, agents, information providers, affiliates, licensors, licensees, successors and assigns (collectively the 'Indemnified Parties') from and against all claims, liabilities, losses, damages, injuries, demands, actions, causes of action, suits, proceedings, judgments and expenses, including, without limitation, reasonable attorneys' fees, court costs and other legal expenses, incurred by the Indemnified Parties in connection with any claim arising out of: (i) any breach by you (and any user of your account and recipient to whom you have forwarded E-mails) of these Terms and Conditions or your above-described representations and warranties contained herein; (ii) any act or omission directly or indirectly related to your performance of this Agreement constituting negligence or reckless or willful misconduct; (iii) the claimed violation of any third party's proprietary rights (including, without limitation, claims of violation of rights of publicity or privacy, trade secret, copyright, trademark or patent infringement, defamation or unfair competition) in connection with any use by Benefits Growth Network for any purpose whatsoever to accomplish the objectives of this Agreement and to make submissions to the reader's review or use any other interactive components of the Service; or (iv) any other violation of this Agreement whatsoever. Your obligation to indemnify any Indemnified Party will survive the expiration or termination of this Agreement by either party for any reason. Benefits Growth Network reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you, subject to your continuing obligation to indemnify the Indemnified Parties from and against liability for other than defense costs.

5. Subscribing and Unsubscribing

5.1 As part of the registration process, you shall provide us with certain registration information. All such information shall be accurate and complete. You shall notify Benefits Growth Network promptly of any changes in such information. In addition, you hereby specifically represent and warrant that you are at least eighteen (18) years old.

5.2 If at any time you become unwilling to abide by these Terms of Use, you shall immediately (a) refrain from accessing and otherwise using the Web site and Service and (b) terminate your subscription to the Service by affirmatively following the unsubscribe procedure at the Web site.

5.3 You are responsible for all usage of the Service through your account. Accordingly, failure by you or anyone else using your account (whether known to you or not) to comply with any of the provisions of these Terms of Use may, in Benefits Growth Network's sole discretion, result in immediate termination of your subscription to the Service as well as a referral to appropriate law enforcement agencies.

6. Links

6.1 The Web site and Service may contain links to other Internet sites and resources ('Third Party Sites'). Benefits Growth Network is not responsible for the availability of these Third Party Sites or the contents thereof. The presence of links to these Third Party Sites does not imply Benefits Growth Network's endorsement of or affiliation with the Third Party Sites. Your use of these Third Party Sites is at your sole risk, and you are solely responsible for compliance with the terms and obligations applicable to the Third Party Sites.

7. Modifications in Service and Terms of Use

7.1 Benefits Growth Network may change, suspend or discontinue its Service at any time in its sole discretion.

7.2 Benefits Growth Network MAY AMEND THESE TERMS OF USE AT ANY TIME IN ITS SOLE DISCRETION. ALL SUCH CHANGES TO THESE TERMS OF USE WILL BE POSTED ON THE WEB SITE AND/OR IN E-MAILS AND WILL BE EFFECTIVE IMMEDIATELY UPON POSTING. BY ACCESSING, READING OR OTHERWISE USING THE WEB SITE OR ANY COMPONENT OF THE SERVICE AFTER Benefits Growth Network POSTS ANY SUCH CHANGES, YOU AGREE TO BE BOUND BY THESE TERMS OF USE AS AMENDED.

8. Digital Millennium Copyright Act of 1998 (DMCA)

8.1 If Benefits Growth Network removes or disables any portion of the Web site or Service, and the DMCA requires Benefits Growth Network to notify you that it has been removed or disabled, then Benefits Growth Network will make every reasonable attempt to notify you of the removal or disablement.

8.2 You consent to the release of any information required to be disclosed by Benefits Growth Network pursuant to the DMCA, whether disclosure is required by subpoena or otherwise.

8.3 If you believe that any of your copyrighted work has been copied and is accessible on the Web site or pursuant to the Service in a manner that infringes on your copyright, then you should notify our copyright agent and provide the following details: (a) your name, address and electronic signature; (b) a description of the infringing materials and their internet location and/or the reference or link to the infringing materials; (c) sufficient information to identify the copyrighted works; (iv) your statement that you have a good faith belief that there is no legal basis for the use of the materials complained of; and (d) a statement of the accuracy of the notice and, under penalty of perjury, that you are the copyright owner or are authorized to act on behalf of the copyright owner.

8.4 Our copyright agent for notices of copyright infringement on this Web site can be reached as follows:

Benefits Growth Network
c/o Kevin Trokey
1430 Washington Avenue, Suite 210, St. Louis, MO 63103

9. Miscellaneous

9.1 These Terms of Use shall be construed and enforced in accordance with the laws of the State of Missouri. Any action to enforce these Terms of Use shall be brought exclusively in the federal or state courts located in the City of St. Louis, Missouri.

9.2 In the event Benefits Growth Network should retain the services of attorneys or other persons to enforce its rights under these Terms of Use, or to defend any claim against it, then Benefits Growth Network, if the prevailing party, shall be entitled to recover all costs and expenses, including reasonable attorneys' fees, incurred by it.

9.3 If any provision of these Terms of Use is determined by a court to be void, invalid, unenforceable or illegal, the enforceability of the other provisions of these Terms of Use shall not be affected.

9.4 Benefits Growth Network may pursue any and all of the remedies available to it under the applicable laws. Failure to enforce any provision of these Terms of Use shall not constitute a waiver of the right later to enforce it.