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Terms & Conditions

1. User's Acknowledgment and Acceptance of Terms

Benefit Domain, LLC (referred to as "us" or "we") owns and operates the www.benefitdomain.com site (as modified from time to time, the "Website"). Your use of the Website is subject to your compliance with all the terms, conditions, and notices contained or referenced herein (the "Terms of Use"). In addition, when using any services or materials on the Website, you are subject to any posted guidelines or rules applicable to such services or materials that may contain terms and conditions in addition to those in these Terms of Use. All such guidelines or rules are hereby incorporated by reference into these Terms of Use. Your use of the Website is also subject to all applicable laws, rules, and regulations.

BY USING THE WEBSITE, YOU AGREE TO BE BOUND BY THESE TERMS OF USE. IF YOU DO NOT WISH TO BE BOUND BY THE THESE TERMS OF USE, YOU MUST EXIT THE WEBSITE NOW. YOUR REMEDY FOR DISSATISFACTION WITH THE WEBSITE, OR ANY PRODUCTS, SERVICES, CONTENT, OR OTHER INFORMATION AVAILABLE ON OR THROUGH THE WEBSITE, IS TO STOP USING THE WEBSITE AND/OR THOSE PARTICULAR PRODUCTS OR SERVICES. YOUR AGREEMENT WITH US REGARDING COMPLIANCE WITH THESE TERMS OF USE BECOMES EFFECTIVE IMMEDIATELY UPON COMMENCEMENT OF YOUR USE OF THE WEBSITE.

By using the Website, you represent and warrant that you are of legal age to form a binding contract with Benefit Domain, LLC.

We reserve the right to change these Terms of Use from time to time without notice to you. You acknowledge and agree that it is your responsibility to review the Website and these Terms of Use periodically and to be aware of any modifications to the Website and these Terms of Use. Your continued use of the Website after such modifications will constitute your acknowledgment of the modified Terms of Use and agreement to abide and be bound by the modified Terms of Use.

References in these Terms of Use to our "Affiliates" means our owners, subsidiaries, affiliated companies, officers, directors, suppliers, partners, sponsors, and advertisers, and all other parties involved in creating, producing, and/or delivering the Website and/or its contents.

2. Description of Services

We provide various services on the Website, including, but not limited to, hosting of employee benefit information for your employer company.

The Website describes the benefit plans available to you as an employee of Petco Animal Supplies, Inc. This information is made available solely for general information purposes. The details of these benefit plans are contained in the official plan documents, including the applicable insurance contracts. The Website is meant only to cover the major features of each plan. It does not contain all of the details that are included in your Summary Plan Description (as described by the Employee Retirement Income Security Act). If you have a question about one of these plans, it is your responsibility to obtain such information from your employer or the applicable plan administrator. If there is a conflict between the information on the Website and the formal language of the plan documents, the formal wording in the plan documents will govern. The benefits described on the Website may be changed at any time and do not represent a contractual obligation on the part of Benefit Domain, LLC.

We reserve the right in our sole discretion to modify or discontinue the Website, including any features therein, at any time with or without notice to you. We shall not be liable to you or any third party should we exercise such right. Any modifications to the Website shall also be subject to these Terms of Use.

You understand and agree that temporary interruptions of the services available through the Website may occur as normal events, and we are not liable on the basis of any such interruption. You further understand and agree that we have no control over third party networks you may access in the course of the use of the Website, and therefore, delays and disruption of other network transmissions are completely beyond our control.

3. Prohibited Uses

You may use the Website only for lawful purposes and in accordance with these Terms of Use. In addition to all other restrictions set forth in these Terms of Use, you agree not to:

  • Use the Website in any way that violates any applicable Federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the United States or other countries).
  • Engage in any conduct that interferes with the proper working of the Website or with anyone else's use or enjoyment of the Website, or which, as determined by us, may harm the Company or users of the Website, or expose them to liability.
  • Use any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.
  • Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
  • Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website.

4. Data Sharing and Privacy Policy

All information we obtain through your use of the Website is subject to our Privacy Policy, found at www.mypetcobenefits.com/legal/privacy-policy, which is specifically incorporated by reference into these Terms of Use. By using the Website, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy, including disclosure of certain data about your use of the Website to third parties.

5. Third Party Sites and Information

The Website may link you to other sites on the Internet or otherwise include references to information, documents, software, materials and/or services provided by third parties. These other sites and third parties are not under our control, and you acknowledge that we are not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such sites, nor are we responsible for errors or omissions in any references to other parties or their products and services. The inclusion of such a link or reference is provided merely as a convenience and does not imply endorsement of, or association with, such sites or third parties by us, or any warranty of any kind, either express or implied.

6. Intellectual Property Information

Copyright © 2019 Benefit Domain, LLC All Rights Reserved.

For purposes of these Terms of Use, "content" is defined as any information, communications, text, software, images, displays, video, graphics, and other material and data that can be accessed by users on the Website.

By accepting these Terms of Use, you acknowledge and agree that the Website, all content, features, and functionality incorporated therein, and the design, selection, and arrangement thereof are owned by the Company, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. These Terms of Use permit you to use the Website for your personal, non-commercial use only. You may not copy, upload, download, store, reproduce, modify, create derivative works of, publicly display, republish, transmit, or distribute any documents or information on the Website in any form or by any means without prior written permission from us or the specific content provider, except as follows:

  • Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
  • Your computer may temporarily store files that are automatically cached by your Web browser for display enhancement purposes.
  • You may print or download to your desktop or mobile device one copy of a reasonable number of pages of the Website for your own personal, non-commercial use and not for further reproduction, publication, or distribution.

Neither we nor our Affiliates warrant or represent that your use of materials displayed on, or obtained through, the Website will not infringe the rights of third parties. You are solely responsible for obtaining permission before reusing any intellectual property that is available on the Website. Your unauthorized use of the materials appearing on the Website may violate copyright, trademark and other applicable laws and could subject you to criminal or civil penalties.

The name Benefit Domain, LLC, and all related names, logos, designs, and slogans are trademarks or service marks of Benefit Domain, LLC or its Affiliates or licensors and may not be used by you without our prior written permission. All other trademarks or service marks are property of their respective owners.

7. Disclaimer of Warranties

ALL MATERIALS, CONTENT, AND SERVICES ON THE WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY THAT (a) THE SERVICES AND MATERIALS ON THE WEBSITE WILL MEET YOUR REQUIREMENTS, (b) THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (c) THE MATERIALS AND CONTENT ON THE WEBSITE WILL BE EFFECTIVE, ACCURATE, COMPLETE, OR RELIABLE, OR (d) THE PRODUCTS, SERVICES, OR INFORMATION PURCHASED, OBTAINED, OR USED BY YOU IN RELIANCE ON THE WEBSITE WILL MEET YOUR EXPECTATIONS OR BE FREE FROM MISTAKES, ERRORS, OR DEFECTS.

You understand that we cannot and do not guarantee or warrant that files available for downloading from the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. THE USE OF THE WEBSITE OR THE DOWNLOADING OR OTHER ACQUISITION OF ANY MATERIALS THROUGH THE WEBSITE IS DONE AT YOUR OWN DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE THAT RESULTS FROM SUCH ACTIVITIES, INCLUDING DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA.

The Website contains certain information regarding transactions between you and third parties. You acknowledge that all transactions relating to any products or services offered by any third party, including, but not limited to the purchase terms, payment terms, warranties, guarantees, maintenance, and delivery terms relating to such transactions, are agreed to solely between the seller of such products or services and you. WE MAKE NO WARRANTY REGARDING ANY TRANSACTIONS EXECUTED IN RELIANCE ON THE WEBSITE, AND YOU UNDERSTAND AND AGREE THAT SUCH TRANSACTIONS ARE CONDUCTED ENTIRELY AT YOUR OWN RISK. ANY WARRANTY THAT IS PROVIDED IN CONNECTION WITH ANY PRODUCTS, SERVICES, MATERIALS, OR INFORMATION AVAILABLE ON OR THROUGH THE WEBSITE FROM A THIRD PARTY IS PROVIDED SOLELY BY SUCH THIRD PARTY AND NOT BY US OR ANY OTHER OF OUR AFFILIATES.

Content available through the Website often represents the opinions and judgments of an information provider, site user, or other person or entity not connected with Benefit Domain, LLC. We do not endorse, nor are we responsible for the accuracy or reliability of, any opinion, advice, summary, or statement made by anyone other than Benefit Domain, LLC. The Website may include technical or other mistakes, inaccuracies, or typographical errors. We may make changes to the materials and services available through the Website, including the details of any benefit plan(s) listed on the Website, at any time without notice. The information available through the Website may be out of date, and we make no commitment to update such information.

Under no circumstances will Benefit Domain, LLC or its Affiliates be liable for any loss or damages caused by your reliance on information or advice obtained through the Website. It is your responsibility to evaluate the accuracy, completeness, or usefulness of any information, opinions, advice, or other content available on or through the Website. In particular, you are urged to consult an appropriate professional licensed in your jurisdiction before relying on any legal, accounting, or other advice or information obtained on or through the Website.

SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES; CONSEQUENTLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

8. Limitation of Liability

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL WE, OUR AFFILIATES, OR OUR RESPECTIVE LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, DIRECTORS, OR MANAGERS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.

FURTHER, WE SHALL NOT BE LIABLE IN ANY WAY FOR THIRD PARTY GOODS OR SERVICES OFFERED THROUGH THE WEBSITE OR FOR ASSISTANCE IN CONDUCTING COMMERCIAL TRANSACTIONS THROUGH THE WEBSITE.

Benefit Domain, LLC is not liable for the accuracy or completeness of any of the information contained on this website regarding your benefit plan(s) and is dependent on third parties such as brokers and employers to provide accurate information. You should always rely on the official plan documents provided by your insurance carriers and plan sponsors for actual benefit coverage terms.

SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES; CONSEQUENTLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

9. Indemnification

You agree to defend, indemnify, and hold us and our Affiliates harmless from any and all liabilities, claims, damages, judgments, awards, losses, costs, fees, and expenses, including attorneys' fees, that arise from or relate to your use of the Website and/or violation of these Terms of Use. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.

10. Security and Password

In order to access some of the services on the Website, you may be provided with an account and password that will be provided to, and shared by, all other employees of Petco Animal Supplies, Inc. You shall keep this shared password and account strictly confidential and use your best efforts to ensure that others do not gain access to the password and account. You may not transfer or share this password or account with anyone, and we reserve the right to immediately terminate your account access in the event of any unauthorized transfer or sharing thereof. You should use particular caution when accessing this account from a public or shared computer so that others are not able to view or record the password or other Website contents.

11. Termination of Use

You acknowledge that, in the event of the expiration, termination, or suspension of our agreement with Petco Animal Supplies, Inc., we may, in our sole discretion, terminate or suspend your access to all or part of the Website with or without notice.

Upon such termination or suspension, you acknowledge and agree that we may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Website without any further obligation to you or any third party.

12. Governing Law

The Website (excluding any linked sites) is controlled by us from our offices within the State of Texas, United States of America. It can be accessed from all 50 states, as well as from other territories and countries around the world. As each of these places has laws that may differ from those of the State of Texas, by accessing the Website, both of us agree that the laws of the State of Texas, without regard to the conflicts of laws principles of any jurisdiction, will govern all matters relating to the use of the Website and the purchase of products and services available through the Website. You and we hereby agree and submit to the exclusive personal jurisdiction and venue of the Federal and state courts located in Harris County, Texas with respect to such matters.

At our sole discretion, we may require you to submit any disputes arising from these Terms of Use or use of the Website, including but not limited to disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, any claim or controversy as to the arbitrability of any claim or controversy, and any claim for rescission, to final and binding arbitration in Houston, Texas, with a single arbitrator appointed under the JAMS rules and procedures.

13. Notices

All notices to us, and all other feedback, comments, requests for technical support, and other communications relating to the Website, must be sent to the attention of Customer Service at support@benefitdomain.com.

You agree that we may send notices to you through Petco Animal Supplies, Inc. and/or through generalized notices or messages on the Website in lieu of delivering notices directly to you.

14. Entire Agreement

These Terms of Use, together with the Privacy Policy, constitute the entire agreement and understanding between us concerning the subject matter hereof and supersedes all prior agreements and understandings between us with respect thereto. Any attempt to alter, supplement, or amend this document shall be null and void, unless otherwise agreed to in a written agreement signed by you and us. To the extent that anything in or associated with the Website is in conflict or inconsistent with these Terms of Use, these Terms of Use shall take precedence.

15. Miscellaneous

In any action to enforce these Terms of Use, the prevailing party will be entitled to costs and attorneys' fees. Any cause of action brought by you against us or our Affiliates must be instituted with one (1) year after the cause of action arises or it will be deemed forever waived and barred.

You may not assign your rights and obligations under these Terms of Use to any third party, and any purported attempt to do so shall be null and void. We may freely assign our rights and obligations under these Terms of Use.

You agree not to sell, resell, reproduce, duplicate, copy, or use for any commercial purposes any portion of the Website or use of or access to the Website.

We shall not be liable for non- delivery or delay in delivery of products and services available through our site arising from any event beyond our reasonable control, whether or not foreseeable.

If any part of these Terms of Use is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions of these Terms of Use shall remain in full force and effect.

Any failure by us to enforce or exercise any provision of these Terms of Use or related rights shall not constitute a waiver of that right or provision, and no waiver by the Company of any term or condition set out in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition.

16. Contact Information

If you notice that any user is violating these Terms of Use, please contact us at support@benefitdomain.com