1. Introduction
Welcome to Voluntary Advantage's website. Your privacy is of utmost importance to us. This privacy statement explains how we collect, use, and protect your personal information when you visit our website.
2. Information We Collect
We may collect the following types of information:
Some of the information we request from you is required in order for you to use our Services. If you do not wish to provide such information to us, you are not obligated to, but as a result you may not be able to use the particular Service. However, some of the information we request from you is optional. This means that you can elect not to provide it to us and you will still be able to use the Service. If not all the information we request on a form is required, we may identify the required information to you such as by displaying an asterisk (*) next to the field where we request the required information.
Information you give us about yourself or others: You give information to us directly when, for example, you register for a subscription or newsletter, purchase a product from us, disclose information in response to a survey, or contact our customer service department.
Through some features of the Services and through certain promotions, you can submit information about other people. For example, you might submit a person's name, mailing and/or e-mail address to send a gift or electronic greeting card. The types of personal information that may be collected about other people at these pages include: recipient's name, address, e-mail address and telephone number. Please ensure that you notify the person whose information you are providing to us.
Please remember that any information you disclose in any public forum or community areas becomes public information and is immediately accessible to other users, so it is important for you to carefully consider what, if any, information you reveal in these areas.
Information we collect automatically: When you interact with our Services, we (and our partners, advertisers, advertising networks and other third party service providers) automatically collect certain information. For example, we collect information about the webpages you view and how you move through our Services, how you reached our Services, how you interact with our social media pages, and how you interact with our email communications.
We (and our partners, advertisers, advertising networks and other third party service providers) use cookies and other tracking technologies to obtain information automatically. Cookies are small text files that are placed in your computer or device to store your preferences. Other information you provide to us may be linked to the data stored in the cookie. A cookie assigns a unique numerical identifier to your Web browser or device, and may enable us to recognize you as the same user who has used our Services, and relate your use of the Services to other information about you.
Information from other sources: We obtain information from third party sources, which may include:
Personal Identifiers:
Commercial Information: When you engage in transactions with us, we create records of goods or services purchased or considered, as well as purchasing or consuming histories or tendencies.
Internet or Other Electronic Network Activity Information: We collect information about the websites you came from and to which you are going, ad clicks, search history, and other information regarding your interaction with our websites and applications, such as the duration you stay on a webpage.
Audio, electronic, visual, thermal, olfactory, or similar information: If you contact us via phone, we may record the call. We will notify you if a call is being recorded at the beginning of the call. We may collect your photographic or video image in limited circumstances, such as when you attend an event hosted by Voluntary Advantage.
Professional or employment-related information: We collect professional or employment-related information you voluntarily provide.
Education information: We collect education information you voluntarily provide.
Geolocation Data: We collect your IP address automatically when you use our Services, from which we or external parties operating on our behalf may be able to determine your general location. If you are using our app, with your consent, we or our authorized service providers and partners also may use precise geolocation technology such as GPS or Wi-Fi triangulation or mobile Bluetooth beacon technology to collect information about the exact location of your mobile device.
Inferences drawn to create a profile about a consumer reflecting the consumer’s preferences or characteristics: We or third parties operating on our behalf may analyze your actual or likely preferences based on the information we gather about you as described above.
3. How We Use the Information We Collect
We may use and/or disclose the information we collect for the following purposes:
Provide the Services:
Communicate with You:
Make Improvements to Our Products and Services:
Provide Recommendations and Deliver Relevant Advertising:
Investigate Theft or Other Illegal Activities and Ensure a Secure Online Environment:
We and our partners use cookies, tags, pixels, web beacons, or other means of collecting information automatically from you.
4. Disclosure of Information
Publicly: If you choose to submit content (e.g., a “letter to the editor” or an online review), we may publish your name, screen name and other information you have provided to us, which will be public.
Affiliates: We may transfer information to other Voluntary Advantage offices for internal management and administrative purposes or where necessary for the performance or conclusion of our contractual obligations to you or for your benefit. We may combine information from the Services together and with other information we obtain from our business records. Additionally, information collected about you from a particular browser or device may be linked to information collected from another computer or device that we believe relates to you.
Sale or Merger of Business: We may transfer to another entity or its affiliates or service providers some or all information about you in connection with, or during negotiations of, any merger, acquisition, sale of assets or any line of business, change in ownership control, or financing transaction. We cannot promise that an acquiring party or the merged entity will have the same privacy practices or treat your information the same as described in this Policy.
Service Providers: We may disclose personal information to our service providers, which are companies that process information on our behalf, without your consent to deliver the Service and conduct business activities. We require the service providers to treat the information we disclose to them, or that they collect on our behalf, as confidential and to use the information only for the purposes for which they have been engaged. The following is a list of categories of our service providers.
Third Parties: We may disclose personal information to third parties. The following is a list of categories of our third-party partners.
Advertising, Marketing, and Analytics Partners: We partner with companies that assist us with marketing our Services, including by “remarketing” to you on other websites, apps, or social media platforms. These companies may collect information from you automatically via cookies or other tracking technologies when you use our Services.
Other External Parties: We may disclose personally identifiable information, including your contact information, to organizations such as marketers, other magazine publishers, retailers, and non-profit organizations that want to market products or services to you.
Authorities: We will disclose information we maintain when required to do so by law, for example, in response to a court order or a subpoena. We also may disclose such information in response to a law enforcement agency’s request.
5. Third Party Websites
Our Services provide links to third party websites or offerings where data privacy practices may be different to that of Voluntary Advantage. The inclusion of any link does not imply our endorsement of any other company, its websites, or its products and/or services. These linked websites or offerings have separate and independent privacy policies, which we recommend you read carefully. We have no control over such websites or offerings and therefore have no responsibility or liability for the manner in which the organizations that operate such linked websites or offerings may collect, use, disclose, or otherwise treat your personal information.
6. Your Opt-Out Choices
Verification Procedures: We must verify your identity for everyone’s protection. To do so, we may require you to provide us with verification information prior to accessing any records containing personal information about you. We do this by:
We will use the information you provide for verification only for the purpose of verification. We may have a reason under the law why we do not have to respond to your request, or respond to it in a more limited way than you anticipated. If we do, we will explain that to you in our response.
Marketing and Other Communications:
7. Security of Personal Information
We have put in place administrative, technical, and physical safeguards to help prevent unauthorized access, maintain data security and correctly use the information we collect. No system can be completely secure, however, and we do not guarantee that unauthorized disclosures and access will not happen.
8. Retention of Personal Information
We will retain your personal information while you have an account with us and thereafter for as long as we have a legitimate need to retain it. Thereafter, we will either delete your personal information or de-identify it so that it is anonymous and not attributed to your identity.
9. Special Note for Parents
The site you are visiting is one of the Voluntary Advantage general audience sites and is not intended for use by children. If you are under the age of 16 please do not submit any personal information through this site.
10. Changes to this Privacy Policy
This Privacy Policy may be updated periodically to reflect changes to our information practices. The revised Privacy Policy will be posted on this website with the date of the last modification, and we will notify of the changes if required by the applicable law. We will treat your information in accordance with the privacy policy in place at the time of collection of such information, or as you otherwise indicate your preferences. We encourage you to check whenever you use our Services to see if the policy has been updated.
11. How to Contact Us
If you have any questions or concerns about this Privacy Policy, our data practices, or our compliance with applicable law please contact us by writing to us at heather@voluntary-advantage.com.
TERMS OF SERVICE
These Terms of Service (“Terms”) are an agreement between you and VOLUNTARY ADVANTAGE LLC (“us”, “our” or “we”) and set forth the legally binding terms for your use of our websites and applications that include a link to these Terms (or any subdomains thereof) (the “Sites”), as well as in connection with any of our sales or marketing activities or other services available on our Sites or offline that are owned by VOLUNTARY ADVANTAGE LLC (“Services”).
These Terms apply to your use of the Sites and Services (however accessed and/or used, whether via personal computers, mobile devices or otherwise) or any other means or applications in which you connect with us and your use of our Sites or Services.
WHO WE ARE
VOLUNTRY ADVANTAGE LLC is a U.S. based publisher of current and breaking news in the Voluntary Benefits Voice magazine, voluntary-advantage.com and other multimedia platforms.
ACCEPTANCE OF TERMS
Agreement to the Terms. Each time that you access or use our Sites or Services you signify that you have read, understand, and agree to be bound by these Terms. If you do not agree to any of these Terms you must discontinue using the Sites and Services.
Eligibility. You must be at least 18 years old or have reached the age of majority in the jurisdiction in which you reside to use the Sites and Services or and you attest that you have reached the age of majority and have the legal capacity to be legally bound by these Terms.
Electronic Form/Communications. By accessing or using the Sites or Services you consent to having this agreement provided to you in electronic form and receiving communications from us electronically. We may communicate with you by postal mail, e-mail or by posting notices on the Sites. You agree that all agreements, notices, disclosures, and other communications we provide to you electronically satisfy any legal requirements that such communications be in writing, including renewal notices and notices about your subscription or account.
ACCOUNT AND CONTACT INFORMATION
Access to the Sites and Services. You do not need to make a purchase in order to access and browse some sections of the Sites or Services, but you may not be able to access all of the features of the Sites or Services unless you make a purchase and create an account. If you are browsing the Sites or Services and have not yet created an account or made a purchase your use of the Site or Services will still be subject to these Terms.
Security. If you use our Services you are responsible for restricting access to your Voluntary Advantage Account and ensuring that your computer and mobile device are free from all types of malicious content, including content that may track any data you enter via the Services. Your login ID email address (or other unique identifier needed to create an account) and password, together with any mobile number or other contact information you provide, form your “Account Information.” You understand and agree that you are responsible for maintaining the confidentiality and security of your password and other Account Information, and that you are solely responsible for all activities that occur on or through your Account.
Contacting You. When you provide us with contact information in connection with a particular activity or when using our Services, such as an email address or telephone number, you agree that this action constitutes a purchase or inquiry establishing a business relationship with us. You expressly consent to our communicating with you using contact information obtained directly from you or which is provided to us with your consent. You attest that you have the legal authority over any contact information provided to us and can provide us and/or third parties with the authorization to contact you. This means you may be contacted in person or by recorded message, by e-mail, telephone and/or mobile telephone number (including use of automated dialing equipment), text (SMS) message, IM messaging, or any other means of communication that your wireless or other telecommunications device may be capable of receiving), in accordance with applicable laws or regulations (“Applicable Laws”).
ORDERS, PAYMENT AND CANCELATION RIGHTS
Purchasing our Products or Services. Please refer to the applicable offer for a description of our products and services such as our current subscription plans and pricing. Any terms and conditions of any offer disclosed to you when ordering is deemed part of these Terms. Voluntary Advantage reserves the right to change the fees for its products and Services and will provide notice of any increase prior to your being charged.
Electronic Receipts and Notices. By using our Sites or Services or making a purchase you consent to receive notices, disclosures, agreements, policies, receipts, confirmations, transaction information, account information, other communications, and changes or updates to any such documents electronically (“Electronic Mailings”). We will provide these Electronic Mailing by posting them on your account page and/or emailing them to the email address associated with your account. You agree that the Electronic Mailings satisfy legal communication requirements, including but not limited to requirements that any such communications be in writing. Electronic Mailings will be deemed received by you within 24 hours of issuance.
Orders. All orders are for personal use only and orders for resale are prohibited without prior written approval. Products displayed on the Sites are available only while supplies last. We try to display the image of the products available on our Sites, including colors, as accurately as possible but they may vary and the actual colors you see depend upon your device display. If we have cancelled your order after charging your account, we will issue a credit for the amount charged.
No Binding Offer. Nothing on the Sites or Services constitutes a binding offer to sell, distribute or give away any products or services. In the event the products and services are listed at an incorrect price, we have the right to refuse or cancel orders placed at the incorrect price, regardless of whether the order has been confirmed or you have been charged. We reserve the right at any time after receipt of your order to accept or decline such order, or any portion thereof, or to not ship to particular addresses, even after your receipt of an order confirmation or after you have been charged. We also reserve the right at any time to limit the quantities of products and/or services ordered for you or your household. There may be information on the Sites that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, colors, pricing, and availability. We make no representation as to whether information on the Sites or Services is current or the completeness or accuracy of any information on the Sites or Services.
Billing Information. When you provide payment information (“Billing Information”) to Voluntary Advantage or its authorized processor, you represent that you are an authorized user of the payment card, PIN, key, account or other payment method specified by you (“Payment Method”), and you authorize Voluntary Advantage to charge such Payment Method for the full amount of the transaction. The terms of your payment will be based on your Payment Method and may be determined by agreements between you and the financial institution, debit/credit card issuer or other provider of your chosen Payment Method (the "Payment Method Provider"). If Voluntary Advantage does not receive payment from your Payment Method Provider, you agree to pay all amounts due on your account upon demand. In the event we are advised of insufficient funds in your account or credit to cover your payment by your Payment Method, we may re-present such un-cleared or rejected payment, or any lessor amount thereof, to your Payment Method Provider. In the event we have to collect unpaid amounts you owe us, you will be liable for all collection costs, including attorneys' and collection agency fees. Voluntary Advantage reserves the right to correct any errors or mistakes that it makes even if it has already requested or received payment and to update your information from available third-party sources. In the event Voluntary Advantage cannot charge the Payment Method you provide we reserve the right to terminate your order and invoice you for any unpaid amounts. You must promptly notify Voluntary Advantage if your Payment Method is canceled (e.g., for loss or theft). If you fail to notify us, you remain responsible for any continued charges to the Payment Method you provided.
YOUR USE OF THE SITES AND SERVICES
Rules of Conduct. In connection with your use of the Sites and Services, you will not (i) use the Sites and Services other than as permitted in these Terms and only for your personal use; (ii) modify, translate, adapt, or otherwise create derivative works or improvements, whether or not patentable, of the Sites, Content (as hereinafter defined), or Services; (iii) upload or input to the Sites or Services any information which contains software viruses, or any computer code, files or programs designed to interrupt, destroy or limit the functionality of the Sites or Services; (iv) reverse engineer, decompile, reverse assemble, decode, modify or attempt to discover any source code or generate its content or any software or other products or processes accessible through the Sites or Services; (v) use any automated means, including, without limitation, agents, robots, scripts, or spiders, to access, monitor, or copy any part of the Sites or Services, monitor traffic on the Sites or Services, obtain or accumulate personal information about other users, or collect or store personal data about other users; (vi) copy or adapt the object code of any software, HTML, JavaScript or other code; (vii) remove, disable, circumvent, or otherwise create or implement any workaround to any copy protection, rights management, or security features in or protecting the Sites or Services; (viii) use the Sites or Services in any manner that in VOLUNTARY ADVANTAGE’s sole judgment, adversely affects the performance or function of the Sites or Services or interferes with the ability of other users to access or utilize the Sites or Services or undertake any acts not expressly permitted under the Terms; (ix) remove, delete, alter, or obscure any trademarks or any copyright, trademark, patent, or other intellectual property or proprietary rights notices from the Content; (x) rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer, or otherwise make available the Services, or any features or functionality of the Sites or Services, to any third party for any reason; (xi) exploit, distribute or publicly communicate any error, miscue or bug which gives an unintended advantage; (xii) use software or any other means to harvest information from the Sites or Services; (xiii) harass others or disclose personal information about others that could amount to harassment; (xiv) impersonate others or create false accounts or misrepresent your affiliation with any other person or entity; (xv) Send chain letters, junk mail, ‘spamming’ material or any other form of bulk communication; (xvi) insert your own or a third party's advertising, branding or other promotional content into any of the Sites’ content, materials or services (for example, without limitation, in an Embedded Video (as defined herein), RSS feed or a podcast received from us or otherwise through the Sites, or, except as otherwise specifically authorized in these Terms or on the Sites, use, redistribute, republish or exploit such content or service for any further commercial or promotional purposes; (xvii) publish, post, upload, store, distribute or disseminate any unlawful, defamatory, infringing, obscene, sexually explicit, harmful, confidential, libelous, hateful, threatening or otherwise illegal material or information, or anything which might constitute a criminal or civil offence; (xiii) engage in spidering, "screen scraping," "database scraping," harvesting of e-mail addresses, wireless addresses or other contact or personal information, or any other automatic means of obtaining lists of users or other information from or through the Sites or Services, including without limitation any information residing on any server or database connected to the Sites or Services or (ix) use the Content for the development of any software program, including, but not limited to, training a machine learning or artificial intelligence (AI) system (x) undertake to use the Sites or Services in violation of any Applicable Law or generally accepted practices or guidelines (“Accepted Practices”) or take any action which would cause us to be in violation of any Applicable Law or Acceptable Practices.
Monitoring. Voluntary Advantage reserves the right to monitor all network traffic to the Sites or Services and anyone using the Sites or Services expressly acknowledges that such monitoring may occur. Voluntary Advantage may block unauthorized attempts or intrusions to upload or change information or cause damage to the Sites or Services in any fashion. You acknowledge that Voluntary Advantage has no general obligation to monitor User Content (as hereinafter defined) nor to actively seek facts or circumstances indicating illegal activity, but has the right to review, disable access to, or to edit any User Content in order to: (i) operate, secure and improve the security of the Sites or Services (including without limitation for fraud prevention, risk assessment, investigation and customer support purposes); (ii) ensure compliance with these Terms; (iii) comply with Applicable Laws or the order or requirement of a court, law enforcement, or other administration agency or governmental body; (iv) respond to User Content or user conduct that it determines is harmful or objectionable; or (v) as otherwise set forth in these Terms.
Posting of User Content. The Services may contain communication services (“Public Forums”) designed to enable you to post and communicate content, such as reviews, photos, videos (including Embedded Videos), or other information or content (collectively, “User Content”) with other members or visitors to our Sites. You agree that all such User Content you submit, post, upload, embed, display or communicate through the Services will comply with these Terms and with the Rules of Conduct set forth herein. You acknowledge and agree that when you post User Content it is available to the public and that you have no expectation of privacy concerning your User Content. As a result, please exercise caution when posting any personal information in User Content as it may be seen and used by others and do not post anything that is confidential. Voluntary Advantage has no obligation to monitor User Content but reserves the right to review and remove any User Content at any time, without notice, for any reason and in its sole discretion. VOLUNTARY ADVANTAGE specifically disclaims any liability with regard to User Content and any actions resulting from your participation in any such Public Forums. Voluntary Advantage may delete or destroy any such User Content at any time. VOLUNTARY ADVANTAGE IS NOT RESPONSIBLE FOR ANY USER’S MISUSE OR MISAPPROPRIATION OF ANY USER CONTENT OR INFORMATION YOU POST ON OR THROUGH THE SERVICES.
Embedded Videos. Certain pages of the Sites may provide the functionality for you to "embed" videos appearing on the page on other websites or blog pages (together with the Player, as defined herein, the "Embedded Video"). The functionality is provided by giving you the necessary HTML code to include on such page to make that Embedded Video appear. If you include the HTML on a web or blog page, the actual video stream for the Embedded Video will be served from our servers but the Embedded Video may be rendered to the visitor of that page as part of that page. If you elect to embed video on a page, you agree as follows: (i) you will not alter, in any respect, the Embedded Video (including without limitation the content, format, and length and advertising associated therewith) from how it is served from our servers; (ii) you will not facilitate access to the Embedded Video through any video player or other tool other than the video player that is provided by us when the Embedded Video appears (the "Player"); (iii) the Embedded Video may be used for commercial purposes, including on an advertising-supported page, provided that: (a) the Embedded Video shall not be included in, or used as part of, a service that sells access to video content; (b) you shall not insert advertising, sponsorship or promotional messages in, or immediately adjacent to, the Embedded Video or Player; and (c) to the extent you sell any advertising, sponsorship or promotional material to appear on the same page that includes the Embedded Video, the page includes other content not provided by us which is a sufficient basis for such sales. You may not block, inhibit, build upon or disable any portion of the Player, including without limitation links back to our site. You understand and agree that all measured metrics related to the access and viewing of the Embedded Video shall be credited to the Sites without limitation of any provision of these Terms, we shall have no liability to you for any reason with respect to your use of Embedded Video and you agree to defend, indemnify and hold us and our affiliates and our affiliates' directors, officers, employees and agents harmless from any and all claims, liabilities, costs and expenses, including attorneys' fees, arising in any way from your use of the Embedded Video.
Objectionable Content. If you encounter something you find objectionable and in violation of these Terms, you can report it to heather@voluntary-advantage.com.
License to User Content. All User Content must comply with these Terms. By submitting, transmitting, or displaying your User Content on or through the Services, you automatically grant (and you represent and warrant that you have the right to grant) to Voluntary Advantage, its licensees, and their respective successors and assigns, officers, directors, employees, licensees, agents, representatives and other users of the Services, a worldwide, sublicenseable, assignable, perpetual, irrevocable, non-exclusive, royalty-free, unlimited right and license to use, reproduce, publish, distribute, publicly display and perform, reformat, adapt, modify and delete your User Content in connection with the Services via any or all media, platforms and formats whether now or later known or developed (“License”).
Representation of Ownership. You retain copyright and other intellectual property rights with respect to any User Content to the extent that you have such rights under Applicable Laws. By posting or submitting User Content through the Services you represent and warrant that (i) you own such User Content or otherwise have the right to grant us the License set forth in these Terms; (ii) the User Content is accurate and not confidential and the distribution, submission, transmission, posting and use of your User Content on the Services is not in violation of any Applicable Law or contractual restrictions or other third party rights (including, without limitation, privacy, publicity, and intellectual property rights); and (iii) you are solely responsible for, and Voluntary Advantage will have no liability in connection with, your User Content or any other User Content you access through the Services. Your ownership in your User Content does not confer any rights to the Sites or Services, nor any rights to other User Content or Voluntary Advantage Content stored by or on behalf of Voluntary Advantage.
Feedback/Idea Submissions. Voluntary Advantage does not accept unauthorized idea submissions. Any ideas disclosed to Voluntary Advantage are not confidential and Voluntary Advantage may develop, use and freely disclose or publish similar ideas without compensating you or accounting to you. All comments or materials submitted to us, including testimonials, images, reviews, questions, comments, or suggestions (collectively, “Feedback”), is received and treated by us on a non-confidential and unrestricted basis. If you provide Voluntary Advantage with any Feedback, you hereby grant Voluntary Advantage a non-exclusive, fully-paid, royalty-free, irrevocable, perpetual, transferable, sublicensable license to reproduce, distribute, modify, prepare derivative works based on, publicly perform, publicly display, make, have made, use, sell, offer to sell, import, and otherwise exploit that Feedback for any purposes, for all current and future methods and forms of exploitation throughout the world. If any such rights may not be licensed under Applicable Laws (such as moral and other personal rights), you hereby waive and agree not to assert all such rights. You understand and agree that Voluntary Advantage is not required to make any use of any Feedback that you provide. You agree that if Voluntary Advantage makes use of your Feedback, Voluntary Advantage is not required to credit or compensate you for your contribution. You represent and warrant that you have sufficient rights in any Feedback that you provide to Voluntary Advantage to grant Voluntary Advantage and other affected parties the rights described above. This includes but is not limited to intellectual property rights and other proprietary, privacy or other personal rights.
Termination. Voluntary Advantage may terminate your access to its Sites or Services immediately or disable any user name, password or other identifier, whether chosen by you or provided by Voluntary Advantage, at any time without notice, if, in Voluntary Advantage’s sole opinion, you have violated any provision of these Terms. Termination will not limit any of Voluntary Advantage’s rights or remedies at law or in equity.
Third-Party Links. The Sites and Services may contain links to other websites or applications. These websites and applications are not under the control of Voluntary Advantage, and the existence of a link from the Sites or Services does not imply any endorsement of or affiliation with the linked websites or applications. Voluntary Advantage makes no warranties or representations, and disclaims all liability, relating to the accuracy, content, Terms of Service, privacy policies, products, services, legality, reliability, viewpoint, accuracy, currency, decency, or any other aspect of the linked websites or applications.
Linking to the Sites. Unless otherwise specifically indicated in these Terms or on the Sites, you agree that: (i) if you include a link from any other website to the Sites, such link shall open in a new browser window and shall link to the full version of an HTML formatted page of the Sites; (ii) you are not permitted to link directly to any image hosted on the Sites or Services, such as using an "in-line" linking method to cause the image hosted by us to be displayed on another website; and (iii) you agree not to download or use images hosted on this Sites on another website, for any purpose, including, without limitation, posting such images on another website. You agree not to link from any other website to the Sites in any manner such that the Sites, or any page of the Sites, is "framed," surrounded or obfuscated by any third party content, materials or branding. We reserve all of our rights under the law to insist that any link to the Sites be discontinued, and to revoke your right to link to the Sites from any other website at any time upon written notice to you.
Data Collection Policy. No party unaffiliated with Voluntary Advantage may collect or use, or direct, authorize or assist other persons or entities to collect or use any data from a user, or a computer or device operated by a user, while accessing our Sites or Services without Voluntary Advantage’s prior express written permission.
Modification to Services. Voluntary Advantage has the right to modify its Services (and products and services accessible through its Services), and its Sites at any time in its sole discretion which may include upgrades, bug fixes, patches, other error corrections, and/or new features (collectively, including related documentation, “Updates”). Updates may also modify or delete in their entirety certain features and functionality. You agree that Voluntary Advantage has no obligation to provide any Updates or to continue to provide or enable any particular features or functionality or other aspects of its Sites or Services. Your only right with respect to any dissatisfaction with any modifications made to its Sites or Services, or any policies or practices of Voluntary Advantage in providing its Services is to cancel your account and/or stop using the Sites or Services.
Injunctive Relief. You expressly acknowledge and agree that there may be no adequate remedy at law for a breach of this Section, that such a breach may irreparably harm Voluntary Advantage and Voluntary Advantage is entitled, without limiting any of its other remedies at law or equity, to seek injunctive relief (temporary and permanent) from any court of competent jurisdiction immediately upon request and without the need to post a bond or security, with respect to any such breach or potential breach of these Terms.
PROPRIETARY RIGHTS
Ownership of Content and Marks. The Sites and Services, and all content published on or accessible through the Sites and Services (including, for example, audio, photographs, illustrations, graphics, other visuals, video, copy, text, software, titles, Shockwave files, etc.), code, data and materials thereon, the look and feel, design and organization of the Web Site, and the compilation of the content, code, data and materials on the Sites (“Content”), is owned by Voluntary Advantage, its subsidiaries, affiliates or its licensors, and is protected by laws governing copyrights, moral rights, sui generis rights, patents, trademarks, trade secrets and/or other proprietary rights. Voluntary Advantage owns a copyright in the selection, coordination, arrangement and enhancement of such Content and a copyright in the Sites. All trademarks, logos, service marks, trade names, and trade dress appearing on the Content and Sites (“Marks”), are proprietary to Voluntary Advantage, its subsidiaries, affiliates, or its licensors. You acknowledge that you do not acquire any ownership rights in any Content or Marks downloaded or accessed from the Sites or Services. You may not frame or utilize framing techniques to enclose any Marks or Content (including images, text, page layout, or form) nor use any Meta tags or any other "hidden text" utilizing Voluntary Advantage, its affiliates’, or its licensors’ name or Marks without the prior express written consent of Voluntary Advantage. You agree not to copy, reproduce, publish, transmit, distribute, perform, sell, create derivative works of, or in any way exploit, the Sites, Services, Marks or Content, in whole or in part, without the prior written consent or Voluntary Advantage.
Notices From Third Party Licensors.
Getty Images still images and visual representations may not be republished, retransmitted, reproduced, downloaded or otherwise used, except for downloading for personal, non-commercial use.
Our Limited License to You.
You acknowledge and agree that the Sites, Services and Content are provided under license, and not sold, to you and your use. You do not acquire any ownership interest in the Sites, Services or Content under these Terms, or any other rights thereto other than to use the Sites, Services and Content in accordance with the license granted, and subject to all terms, conditions, and restrictions under these Terms. Voluntary Advantage grants you a limited, personal, non-commercial, non-exclusive, revocable, non-assignable, and non-transferable license to access (but not through scraping, spidering, crawling or other technology or software used to access data) and display the Content (excluding any software code) solely for your personal use in connection with accessing and using the Services as reasonably necessary to use them for their intended purpose. You may not insert any code or product to manipulate the Content, Sites or Services in any way that affects any user's experience. Voluntary Advantage, its affiliates, subsidiaries, and licensors reserve all rights not expressly granted in and to its respective Sites, Services, Marks and Content. You may not use the Sites, Services, Marks or Content in a manner that constitutes an infringement of our rights or that has not been authorized by us. More specifically, unless explicitly authorized in these Terms you may not modify, copy, reproduce, republish, upload, post, transmit, translate, sell, create derivative works, exploit, or distribute in any manner or medium (including by email or other electronic means) any material from the Sites or Services. You may, however, from time to time, download copies of individual pages from the Services for your personal, non-commercial use, provided that you keep intact all copyright and other proprietary notices intact. Non-commercial use does not include the use of the Content without prior written consent from Voluntary Advantage in connection with: (1) the development of any software program, including, but not limited to, training a machine learning or artificial intelligence (AI) system; or (2) providing archived or cached data sets containing Content to another person or entity.
DISCLAIMER OF WARRANTIES
IF YOU CHOOSE TO USE THE SITES OR SERVICES, YOU DO SO VOLUNTARILY AND AT YOUR SOLE RISK. THE CONTENT AND INFORMATION OFFERED ON OR THROUGH THE SITES OR SERVICES ARE PROVIDED “AS IS.” TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAWS, WE DISCLAIM ALL WARRANTIES OR OTHER TERMS OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OR TERMS OF SATISFACTORY QUALITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT: THAT THE SITES OR SERVICES, OR ANY OF THEIR FUNCTIONS, WILL BE UNINTERRUPTED OR ERROR-FREE; THAT DEFECTS WILL BE CORRECTED; THAT ANY PART OF THE SITES OR SERVICES, OR THE SERVERS THAT MAKE THEM AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, INCLUDING WHETHER UPDATES WILL AUTOMATICALLY DOWNLOAD WHEN INSTALLED OR THAT DEPENDING ON YOUR DEVICE WHETHER UPDATES WILL BE AVAILABLE TO YOU. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SITES OR SERVICES OR CONTENT CONTAINED THEREIN WITH REGARD TO THEIR CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY, APPROPRIATENESS FOR ANY PURPOSE, OR OTHERWISE. DUE TO THE NATURE OF THE INTERNET, VOLUNTARY ADVANTAGE CANNOT GUARANTEE THE CONTINUOUS AND UNINTERRUPTED AVAILABILITY AND ACCESSIBILITY OF THE SITES OR SERVICES. VOLUNTARY ADVANTAGE MAY RESTRICT THE AVAILABILITY OF THE SITES OR SERVICES OR CERTAIN AREAS OR FEATURES IF NECESSARY, IN VIEW OF CAPACITY LIMITS, THE SECURITY OR INTEGRITY OF ITS SERVERS, OR TO CARRY OUT MAINTENANCE MEASURES THAT ASSIST IN THE PROPER OR IMPROVED FUNCTIONING OF THE SITES OR SERVICES. IF YOU ARE DISSATISFIED WITH ANY OF THE MATERIALS CONTAINED IN THE SITES OR SERVICES, OR WITH ANY OF THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF OUR SITES OR SERVICES.
IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION, OPINION, ADVICE OR OTHER CONTENT AVAILABLE THROUGH THE SITES. PLEASE SEEK THE ADVICE OF PROFESSIONALS, AS APPROPRIATE, REGARDING THE EVALUATION OF ANY SPECIFIC INFORMATION, OPINION, ADVICE OR OTHER CONTENT, INCLUDING BUT NOT LIMITED TO FINANCIAL, HEALTH, OR LIFESTYLE INFORMATION, OPINION, ADVICE OR OTHER CONTENT.
LIMITATION OF LIABILITY
You acknowledge and agree that, to the maximum extent permitted by law, the entire risk arising out of your access to and use of the Sites, Services, Content and User Content, and your posting of any User Content remains with you. Neither Voluntary Advantage nor any other party involved in creating, producing, or delivering the Sites or Services, Content or User Content will be liable for any incidental, special, exemplary or consequential damages, including lost profits, loss of data or loss of goodwill, service interruption, computer damage or system failure or the cost of substitute products or services, or for any damages for personal or bodily injury or emotional distress arising out of or in connection with these Terms or from the use of or inability to use the Sites or Services, whether based on warranty, contract, tort (including negligence), product liability or any other legal theory, and whether or not VOLUNTARY ADVANTAGE has been informed of the possibility of such damage, even if a limited remedy set forth herein is found to have failed its essential purpose. In no event will VOLUNTARY ADVANTAGE aggregate liability arising out of or in connection with these Terms and your use of the Sites or Services, exceed the amounts you have paid to VOLUNTARY ADVANTAGE in the twelve month period prior to the event giving rise to the liability, or $50USD if no such payments have been made, as applicable. The limitations of damages set forth above are fundamental elements of the basis of the bargain between VOLUNTARY ADVANTAGE and you. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
YOUR LEGAL LIABILITY
You agree to defend, indemnify and hold harmless VOLUNTARY ADVANTAGE and its shareholders, partners, affiliates, directors, officers, subsidiaries, employees, agents, suppliers, and licensors from and against all damages, losses, liabilities, claims, and costs (including, but not limited to, reasonable attorneys’ fees and costs including costs to respond to regulatory inquiries, actions or subpoenas) related to all third party claims, charges, and investigations, arising from, relating to, or caused by User Content you post or submit or your failure to comply with these Terms. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with our defense of such claim.
CALIFORNIA RESIDENTS RIGHTS
If you are a California resident and in connection with the foregoing releases, you hereby waive California Civil Code Section 1542 (and any similar provision in any other jurisdiction) which states:
“A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor.”
GEOGRAPHIC RESTRICTIONS
VOLUNTARY ADVANTAGE will provide the Sites and Services with reasonable care and skill but makes no representations that they are appropriate for use from locations outside the United States or compliant with laws outside the United States. If you access the Sites or Services from outside the United States, you are responsible for compliance with local laws in relation to your use of the Sites or Services.
CHANGES TO TERMS OF SERVICE
VOLUNTARY ADVANTAGE will review and may update these Terms periodically and will note the new effective date if any changes are made. If we make material changes to these Terms we may choose to notify you by prominently posting a notice of a new Terms of Service update on the Sites for a period of time in our discretion but we encourage you to review these Terms and make note of the “effective date” frequently. Your continued use of the Sites and Services after we post any changes to the Terms signifies your agreement to any such changes. If you do not agree to these Terms, you must discontinue using the Sites and Services.
THIRD PARTY LINKS
You may be able to access other websites, mobile applications or resources through links accessed on the Sites or Services. Because VOLUNTARY ADVANTAGE has no control over such websites or mobile applications you acknowledge and agree VOLUNTARY ADVANTAGE is not responsible for the availability of such external websites, mobile applications or resources accessible from those third parties, and does not endorse and is not responsible or liable for any content, advertising, products, services, or other materials available from such websites or mobile applications, nor does VOLUNTARY ADVANTAGE endorse any such websites, mobile applications or resources, or the products or services assessable on such websites or mobile applications.
NO RIGHTS OF THIRD PARTIES
You agree that, except as otherwise expressly provided in these Terms, there are not third-party beneficiaries to these Terms.
MISCELLANEOUS
These Terms, and policies incorporated herein, are the entire agreement between you and Voluntary Advantage. They supersede any and all prior or contemporaneous agreements between you and Voluntary Advantage relating to your use of the Sites or Services. If these Terms expire or are terminated for any reason, the provisions which by their nature should continue after termination including Proprietary Rights, Disclaimer of Warranties, Limitation of Liability, Your Legal Liability, Arbitration/Dispute Resolution For U.S. Residents, Dispute Resolution Non-U.S. Residents, No Rights of Third Parties, and Miscellaneous shall survive any such expiration or termination. If any provision of these Terms is declared or found by a court of competent jurisdiction or arbitrator to be unlawful, unenforceable or void, such provision will be ineffective only to the extent that it is found unlawful, unenforceable or void, and the remainder of the provision and all other provisions will remain fully enforceable, except that if the Class Action Waiver for any Claim cannot be enforced, then the provision to arbitrate will not apply. You may not assign your rights under your Voluntary Advantage Account or this agreement to any third party without Voluntary Advantage prior written permission. Voluntary Advantage may assign these Terms, in whole or in part, at any time. Headings in the Terms are for convenience of reference only and shall not affect the interpretation or construction of this agreement. The failure of Voluntary Advantage to partially or fully exercise any rights or the waiver of Voluntary Advantage to enforce any breach of these Terms by you, shall not prevent a subsequent exercise of such right by Voluntary Advantage or be deemed a waiver by Voluntary Advantage of any subsequent breach by you of the same or any other term of these Terms. The rights and remedies of Voluntary Advantage under these Terms and any other applicable agreement between you and Voluntary Advantage shall be cumulative, and the exercise of any such right or remedy shall not limit Voluntary Advantage right to exercise any other right or remedy. In the event of any conflict or inconsistency between any of these Terms any other terms or conditions applicable to the Services, we shall determine which rules, restrictions, limitations, terms and/or conditions shall control and prevail in our sole discretion, and you specifically waive any right to challenge or dispute such determination.
CONTACT US
If you have any questions about these Terms, please email us at heather@voluntary-advantage.com.
When contacting us, please include your full name, address, phone number, and email address, and indicate the specific nature of your request or inquiry.
For usage and/or reprint permission requests related to covers and articles, email us at heather@voluntary-advantage.com.
For usage and/or permission requests related to video or anything else, please email us at email us at heather@voluntary-advantage.com.
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