Terms of Use

AGREEMENT BETWEEN USER AND UNITED BENEFIT ADVISORS.

The United Benefit Advisors (UBA)  website is comprised of various webpages operated by UBA.

The UBA website is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of the UBA website constitutes your agreement to all such terms, conditions, and notices. Any person that accesses or uses the UBA website agrees to be bound by the terms and conditions of these Terms of Use (the “Terms”), as they are amended from time to time. These Terms contain conditions, disclaimers and other provisions, some of which limit UBA’s liability. If you do not agree with the Terms or cannot enter into a legally binding agreement, you may not access or use the UBA website.

MODIFICATION OF THESE TERMS OF USE

UBA reserves the right to change the terms, conditions, and notices under which the UBA website is offered, including, but not limited to, the charges associated with the use of the UBA website.

LINKS TO THIRD PARTY SITES

The UBA website may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of UBA and UBA is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. UBA is not responsible for webcasting or any other form of transmission received from any Linked Site. UBA is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by UBA of the site or any association with its operators.

NO UNLAWFUL OR PROHIBITED USE

As a condition of your use of the UBA website, you warrant to UBA that you will not use the UBA website for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the UBA website in any manner which could damage, disable, overburden, or impair the UBA website or interfere with any other party’s use and enjoyment of the UBA website. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the UBA websites. Visitors are prohibited from using the UBA website to post, submit or otherwise distribute unlawful, defamatory, abusive, obscene or offensive materials.  In addition, visitors may not use the website in a manner that may violate third party copyright, trademark or privacy laws. Unauthorized use of the UBA website, including posting or through the transmission of data which violates or infringes in any way upon the rights of UBA or third parties, which is unlawful, defamatory or otherwise objectionable, may give rise to a claim for damages and/or be a criminal offense.

USE OF COMMUNICATION SERVICES

The UBA website may contain bulletin board services, chat areas, news groups, forums, communities, personal webpages, calendars, and other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, “Communication Services”). You agree to use the Communication Services only to post, send, and receive messages, and materials that are proper and related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:

  • Defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
  • Publish, post, upload, distribute, or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent, or unlawful topic, name, material, or information.
  • Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents.
  • Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer.
  • Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages.
  • Conduct or forward surveys, contests, pyramid schemes, or chain letters.
  • Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner.
  • Falsify or delete any author attributions, legal or other proper notices or proprietary designations, or labels of the origin or source of software or other material contained in a file that is uploaded.
  • Restrict or inhibit any other user from using and enjoying the Communication Services.
  • Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.
  • Harvest or otherwise collect information about others, including e-mail addresses, without their consent.
  • Violate any applicable laws or regulations.

UBA has no obligation to monitor the Communication Services. However, UBA reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. UBA reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.

UBA reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process, or governmental request, or to edit, refuse to post, or to remove any information or materials, in whole or in part, in UBA’s sole discretion.

Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. UBA does not control or endorse the content, messages, or information found in any Communication Service and, therefore, UBA specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized UBA spokespersons, and their views do not necessarily reflect those of UBA.

Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction, or dissemination. You are responsible for adhering to such limitations if you download the materials.

MATERIALS PROVIDED TO UBA OR POSTED AT ANY UBA WEBSITE

UBA does not claim ownership of the materials you provide to UBA (including feedback and suggestions) or post, upload, input, or submit to any UBA website or its associated services (collectively “Submissions”). However, by posting, uploading, inputting, providing, or submitting your Submission you are granting UBA, its affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, and reformat your Submission; and to publish your name in connection with your Submission.

No compensation will be paid with respect to the use of your Submission, as provided herein. UBA is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in UBA’s sole discretion.

By posting, uploading, inputting, providing, or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input, or submit the Submissions.

LIABILITY DISCLAIMER

The information, software, products, and services included in or available through the UBA website may include inaccuracies or typographical errors. Changes are periodically added to the information herein. UBA and its suppliers may make improvements or changes in the UBA website at any time. Advice received via the UBA website should not be relied upon for personal, medical, legal, or financial decisions and you should consult an appropriate professional for specific advice tailored to your situation.

UBA and its suppliers make no representations about the suitability, reliability, availability, timeliness, and accuracy of the information, software, products, services, and related graphics contained on the UBA website for any purpose. To the maximum extent permitted by applicable law, all such information, software, products, services, and related graphics are provided “as is” without warranty or condition of any kind. UBA and its suppliers hereby disclaim all warranties and conditions with regard to this information, software, products, services, and related graphics, including all implied warranties or conditions of merchantability, fitness for a particular purpose, title, and non-infringement.

To the maximum extent permitted by applicable law, in no event shall UBA or its suppliers be liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, damages for loss of use, data, or profits arising out of or in any way connected with the use or performance of the UBA website, with the delay or inability to use the UBA website or related services, the provision of or failure to provide services, or for any information, software, products, services, and related graphics obtained through the UBA website, or otherwise arising out of the use of the UBA website, whether based on contract, tort, negligence, strict liability or otherwise, even if UBA or any of its suppliers has been advised of the possibility of damages. Because some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you. If you are dissatisfied with any portion of the UBA website, or with any of these terms of use, your sole and exclusive remedy is to discontinue using the UBA website.

SERVICE CONTACT
no-reply@ubabenefits.com

TERMINATION/ACCESS RESTRICTION

UBA reserves the right, in its sole discretion, to terminate your access to the UBA website and the related services or any portion thereof at any time, without notice.

GENERAL

To the maximum extent permitted by law, this agreement is governed by the laws of the state of Indiana , U.S.A. and you hereby consent to the exclusive jurisdiction and venue of the state and federal courts located in Indiana, without giving effect to any choice of law or conflict of law rule that would cause the application of the laws of any other jurisdiction other than the state of Indiana.  The laws of the state of Indiana shall govern in all disputes arising out of or relating to the use of the UBA website. Use of the UBA website is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including, without limitation, this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and UBA as a result of this agreement or use of the UBA website. UBA’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of UBA’s right to comply with governmental, court, and law enforcement requests or requirements relating to your use of the UBA website or information provided to or gathered by UBA with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and UBA with respect to the UBA website and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between the user and UBA with respect to the UBA website. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be drawn up in English.

COPYRIGHT AND TRADEMARK NOTICES

All contents of the UBA website are: Copyright © 2001-2020 United Benefit Advisors, LLC. All rights reserved and/or its suppliers. All rights reserved.

TRADEMARKS

The names of actual companies and products mentioned herein may be the trademarks of their respective owners.

The example companies, organizations, products, people, and events depicted herein are fictitious. No association with any real company, organization, product, person, or event is intended or should be inferred.

Any rights not expressly granted herein are reserved.

NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT

Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement under United States copyright law should be sent to Service Provider’s Designated Agent. All inquiries not relevant to the following procedure will receive no response.

If you believe that your work has been copied in a way that constitutes copyright infringement, please provide our copyright agent the written information specified below. Please note that this procedure is exclusively for notifying us and our affiliates and its affiliates that your copyrighted material has been infringed.

  • An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
  • A description of the copyrighted work that you claim has been infringed upon;
  • A description of where the material that you claim is infringing is located on the site;
  • Your address, telephone number, and e-mail address;
  • A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
  • A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

Our Copyright Agent for notice of claims of copyright infringement on its site is the Legal Department:

J. Nevin Shaffer, Jr.

913 Gulf Breeze Parkway, Suite 43

Gulf Breeze, FL 32561

850-934-4124

Fax 850-934-4143

Web site: nevinshaffer.com