Terms of Use
BenefitLogix, Inc. Terms of Use
We provide the BenefitLogix. Inc. Terms of Use to supplement the membership terms and conditions that you have received in your membership kit. Please refer to your membership kit for specific terms and conditions applicable to your membership.
AGREEMENT made between BenefitLogix, Inc. (herein "BLX" )and the member specified on the accompanying membership card.
WITNESSETH:
1. SERVICE: (a) The service which BLX shall provide to you during the term of the membership shall include: i) Savings on family entertainment, shopping and leisure activities ii) savings on travel-related services/packages and iii) dining discounts at participating locations, and iv) savings on many other purchases of goods and services; (b) BLX shall provide to you on a timely basis documents necessary for you to obtain services and products which you have ordered from BLX or one of our Vendors. Subject to the cancellation and refund policies of the providers of our services and products ("Vendors"), upon receipt of your request to cancel an order for services or products you placed through BLX, BLX shall use its reasonable best efforts to obtain from the Vendor a refund of any amount you paid for such order, less any applicable cancellation fees or penalties.
c) BLX reserves the right to change the terms and conditions of this Agreement at any time. BLX may cancel this Agreement upon written notice, and refund of the current term's membership fee.
2. WHO MAY USE You agree that you will use your membership only for your own behalf and for the members of your immediate family residing in your household. You will be responsible for all use of your membership number and must notify BLX immediately of any unauthorized use of your membership number, or theft or misplacement of the membership number.
3. LIABILITY (a) BLX shall have no liability in regard to any services or products provided or to be provided to you, by any Vendor. You agree that any claim with regard to services or products shall be made against the Vendor or manufacturer of such services or products and not BLX . BLX's sole obligation hereunder shall be to forward to the Vendor all payments for services ordered, and to forward to you all necessary documents. (b) BLX and its subsidiaries, and affiliates assume no responsibility nor liability in connection with the service of any train, vessel, carriage, aircraft, motor vehicle, or other conveyance which may be used, either wholly or in part, in connection with the services ordered, nor will BLX be responsible for any act, error, or omission, or for any injury, loss, accident, delay, or irregularity which may be occasioned by reason of any defect in any vehicle, hotel, or product, or through the neglect of any person engaged in carrying out the purpose for which tickets or coupons are issued including, but not limited to, tour guides, vehicle operators, and hotel administration and staff. BLX shall have no liability in the event any itinerary or arrangements are altered by any Vendor. Any information provided by BLX to you is subject to change without notice. All services or products ordered are subject to the availability of such services from the Vendor.
4. GOVERNING LAW; ARBITRATION This Agreement, and the respective rights and obligations of the parties hereunder, shall be governed by, and construed in accordance with, the laws of the State of Texas. If there is any dispute between you and BLX, either of us may elect to have it resolved by proceeding in small claims court or by binding arbitration administered by the National Arbitration Forum, or the American Arbitration Association, under their rules for consumer arbitrations. All disputes in arbitration will be handled just between the named parties, and not on any representative or class basis. YOU ACKNOWLEDGE THAT THIS MEANS THAT YOU MAY NOT HAVE ACCESS TO A COURT OR JURY. The terms of this Section shall survive any termination, cancellation or expiration of this Agreement.
5. MEMBERSHIP FEE The fee will be billed to your designated credit card account or credit line under the terms described below.
6. REFUND POLICY Requests for refunds are accepted via e-mail at help@perks2u.com, by fax at 866-216-8727 or by postal mail. In the event Perks2u elects to discontinue a customer's service without cause, that customer shall receive a full refund of any balance. However, if a customer terminates their service for any reason Perks2U will prorate the membership fee refund based on date of purchase. All refunds will be credited back to the credit card or bank account from which the original purchase was made. No refunds are available for services owed for less than a month.
7. RENEWALS Unless you notify BLX that you do not wish to renew your membership, BLX will automatically renew your membership at the end of each term and bill the then-current membership fee to the designated credit card. If you enter the program on a trial basis, you must contact BLX prior to the end of the trial period to cancel your membership. Otherwise, BLX will continue to bill the then-current membership fee to the designated credit card. You may contact BLX at either 866-216-8727 or by email at Help@Perks2U.com .
8. CONFIDENTIALITY All information and software provided through BLX is and shall remain the sole and exclusive property of BLX. You shall not publish, broadcast, retransmit or otherwise reproduce the information or software in any medium. Any violation of this restriction is an infringement of copyright or proprietary rights in the information and software.
9. TERMINATING THE BLX SITE BLX retains the right at any time and from time to time to discontinue or modify, or temporarily or permanently terminate the BLX website (or any part thereof) with or without notifying you. If BLX discontinues the site, BLX will not be liable to you or any third party for such discontinuance, modification or termination.
10. VIRUSES; DESTRUCTION OF THE SITE By participating on the BLX site you agree to not upload, post, e-mail or otherwise send or transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment. You also agree to not interfere with the servers or networks connected to BLX or to disobey any requirements, procedures, policies or regulations of networks connected to BLX. ANY ATTEMPT BY A USER TO DELIBERATELY DAMAGE THIS SITE OR TO UNDERMINE THE LEGITIMATE OPERATION OF THE SITE IS A VIOLATION OF CRIMINAL AND CIVIL LAWS; IF SUCH AN ATTEMPT IS MADE, BLX RESERVES THE RIGHT TO SEEK REMEDIES AND DAMAGES FROM THE USER TO THE FULLEST EXTENT PERMITTED BY LAW, INCLUDING CRIMINAL PROSECUTION. BLX assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect your computer equipment or other property due to your access to, use of, or browsing in BLX or your downloading of any materials, data, text, images, video or audio from this site.
11. TECHNICAL ISSUES By utilizing BLX, you acknowledge that technical processing and transmission of BLX, including the information you enter, may involve transmissions over various networks and changes to conform and adapt to technical requirements of connecting networks or devices. BLX MAKES NO WARRANTY THAT THE FUNCTIONS OF THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE OR THAT ANY ERRORS ON THIS SITE WILL BE CORRECTED. BLX ASSUMES NO RESPONSIBILITY FOR (1) ANY PROBLEMS RELATING TO TECHNICAL MALFUNCTION OR DELAYS OF TELEPHONE NETWORKS OR LINES, COMPUTER ON-LINE SYSTEMS, SERVERS, PROVIDERS, COMPUTER EQUIPMENT, OR SOFTWARE, (2) FAILURE OF ANY E-MAIL TO BE RECEIVED DUE TO TECHNICAL PROBLEMS OR TRAFFIC CONGESTION OF THE INTERNET, BLX SITES, OR ANY COMBINATION THEREOF, AND/OR FOR (3) ANY INJURY OR DAMAGE TO USERS COMPUTERS OR ANY OTHER COMPUTER RESULTING FROM DOWNLOADING ANY MATERIALS RELATING TO THIS SITE.
