The following is the Agreement regarding enrollment and subsequent participation in the CAP Program between National Benefit Builders, Inc (NBBI) the Provider of the Subscription Service ("We", "Us" and "Our") and the enrolled Subscriber ("You" and "Your") ("Terms of Use").
1. Subscription Service
Without limitation, We make no warranty that (i) the service will meet Your requirements; (ii) the service will be uninterrupted, timely, secure or error-free; (iii) the results obtained from use of the service will be accurate or reliable; (iv) the quality of any products, services, information, or other material obtained through Our service will meet Your expectations; (v) no advice or information obtained by You from Our personnel or through Our service shall create any warranty not expressly provided for in the terms of service and (vi) any errors in the service will be corrected.
2. Subscription Fees
There are no subscription fees imposed for this benefit
3. Subscription Benefits ("Benefits")
As a subscriber, you will be entitled to access all the discounts on certain products and services offered by participating providers. Benefits are explained on this website or in other Subscription Materials that may be provided from time-to-time. Some of the Benefits may not be available in Your area.
A. We and Our subsidiaries and affiliates are not responsible or liable for any Benefits provided by third parties, if You have any claims relating to such Benefits, You will make your claim against the company providing the Benefit.
B. We make no warranties, expressed or implied, including the warranty of merchantability or fitness for a particular purpose, with respect to any of the Benefits or related information provided to you.
C. Under no circumstances shall our liability exceed the amount you were charged for Subscription Benefits, and under no circumstances shall we be liable for Your incidental or consequential damages.
D. We reserve the right to eliminate, add, change and substitute Benefits and participating providers without notice to you.
E. We assume no responsibility for the payment of or contribution to any use or sales tax on the Benefits which may be imposed by taxing authorities and such taxes, to the extent imposed, shall remain Your sole responsibility or that of the provider of the Benefits, as the case may be.
F. Support or assistance with the Benefits via the phone or a web site is provided on an "as is" and "as available" basis. You use it at Your sole risk.
4. Personal Information and Privacy
We are committed to protecting Your privacy, however We do not acquire any personal information from You in any manner and therefore do not have any personal information to disclose.
5. Subscriber Web Site
As a Subscriber You give your express consent to access program support information from an Internet web site with the following understanding:
A. Any material downloaded or otherwise obtained through the use of the service done at Your own risk and you will be solely responsible for any damage to Your computer system or loss of data that results from the download of any such material.
B. You expressly understand and agree that we shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including without limitation, damages for loss of profits, goodwill, use, data or other intangible losses (even if we have been advised of the possibility of such damages), resulting from: (i) the use or inability to use the service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained, or messages received, or transactions entered into through or from the service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; or (v) any other matter relating to the service.
C. Site Links: Our web site may include links to other Internet sites maintained by third parties ("Linked Sites"). We provide You access to Linked Sites solely as a convenience to you. We have no control over Linked Sites. You acknowledge and agree that we are not responsible for the availability of Linked Sites and You agree and understand that inclusion of Linked Sites does not imply Our endorsement of the Linked Sites or any content, advertising, products or other material available from Linked Sites. You further agree that we shall not be held responsible or liable, directly or indirectly, for any damage or loss caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any Linked Sites.
6. Modification of Subscription Service
You agree that at our sole discretion and without prior notice or liability, We may at any time either temporarily or permanently, discontinue or modify any aspect of Our site including without limitation, (i) restricting the operating hours of customer service; and (ii) restricting or terminating any Subscriber's right to use the CAP program. If we decide to change the Subscription Service, we will refer to those changes on Our web site.
7. Exclusions and limitations
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the limitations herein may not apply to you.
8. Copyright & Trademark Notices
You acknowledge that our web site contains information, software, photos, video, text, graphics, music, sounds or other material (collectively, "content") that are protected by copyrights, patents, trademarks, trade secrets, or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereafter developed. All content is copyrighted under U.S. copyright laws. The name and logo are trademarks of NBBI. All other trademarks appearing on the Site are the trademarks of their respective owners. You may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit any of the Content in whole or in part.
9. Availability Restrictions
This Program is only available at participating providers.
10. Entire Agreement
This Agreement contains all of the Terms of Use for this site and no representations, inducements, promises or agreements concerning the use of this site not included in this Agreement shall be effective or enforceable. If any of the terms of this Agreement shall become invalid or unenforceable, the remaining terms shall not be affected.
11. Governing Law
This Agreement regarding the Terms of Use of this site shall be governed and construed in accordance with the laws of the State of New Jersey without giving effect to the choice of law provisions thereof. Any dispute arising between You and Us will be resolved by submission to arbitration in the State of New Jersey in accordance with the rules of the American Arbitration Association then in effect. Notwithstanding the foregoing, nothing in this Agreement is intended or shall be construed to negate or otherwise affect the consumer protection laws of the state in which You reside.