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TERMS OF USE

LAST REVISED: September 25, 2023

 

These Terms of Use apply to all websites that are owned, operated, and maintained by or for CTC Benefits HQ, a division of Coast to Coast Communications, Inc., and its United States affiliates (collectively, “we,” “us,” or “our”) including other websites on which these Terms of Use are linked (“Sites”) as well as your use of the services we provide and other transactions and engagements you might have with us or the companies on whose behalf we perform work (“Clients”) (collectively, “Services”).

 

1. General Provisions

 

THESE TERMS OF USE TOGETHER WITH THE PRIVACY POLICY, AND ANY SUPPLEMENTAL TERMS, CONDITIONS, OR RULES POSTED TO A SPECIFIC AREA OF THIS SITE (COLLECTIVELY, “TERMS”) SET FORTH THE LEGALLY BINDING TERMS GOVERNING YOUR USE OF THE SITE AND SERVICES. NOTWITHSTANDING THE FOREGOING, IF YOU ARE A CLIENT OR CONSUMER AND ENTER INTO A SEPARATE AGREEMENT WITH US FOR SPECIFIC SERVICES, SUCH AGREEMENT WILL GOVERN YOUR RELATIONSHIP WITH US AS TO THE SUBJECT MATTER THEREOF.

 

By entering the Sites or using the Services, you acknowledge and agree to all terms, conditions, and rules stated in these Terms. You are not permitted to use the Sites or the Services if you do not agree to be legally bound by these Terms. Please read these Terms carefully. The Sites and Services are intended for use only by citizens and legal permanent residents of the United States of America residing within the United States of America 16 years of age or older. If you are not a member of the intended audience, you are prohibited from accessing the Sites or using the Services.

 

We may, in our sole discretion, modify the Terms from time to time and we reserve the right to make changes at any time, without notice or obligation, to the Sites or Services. If a change is material, as determined by us in our sole discretion, we will provide at least fourteen (14) days’ notice prior to the effective date of the change via a post on the Sites and/or email to you. By not terminating your relationship with us prior to the effective date of the change, you acknowledge and agree that you will be bound by the updated Terms and/or Sites or Services. We suggest periodically visiting this page of the Sites to review these Terms.

 

You represent and warrant that you are the person you claim to be in your interactions with us, the Sites, and Services. You will use the Sites and Services in compliance with all applicable laws and regulations and you will not use them to defraud, harm, or impersonate another person.

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2. Password and Account Security

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You may create your own login information on the Sites by completing the online registration process. In doing so, you must provide us with accurate and complete registration information and update it if this information changes. You agree that you will not register under the name of another person, choose a username that is vulgar, profane or otherwise offensive, choose a username that impersonates or suggests representation of another person or entity, or choose a username that includes a solicitation.

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If you create a login, we will assign you, or allow you to select, a password. You must keep your password confidential, and you may not permit any other person to use your password. You will be responsible for all use of your password, including, without limitation, any use by any authorized or unauthorized third party. You must notify us immediately if you believe your password may be used by any unauthorized person or entity. For security purposes, we recommend you change your password often. Under no circumstance should you respond to a request for your password. Our employees will never ask for your password. You must notify us immediately if you receive such a request. We reserve the right to suspend or terminate your use of the Sites if we believe that your password is being used without permission or otherwise in a manner that may disrupt the Sites.

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3. Consent for Electronic Delivery of Documents

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You consent to receive all agreements, disclosures, statements, notices, and other communications from us electronically. You agree that you will always maintain a valid email address on file and continue to have access to the Internet.

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Duration of Consent: This consent will be effective immediately and will remain in effect unless you or we revoke it.

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Right to Paper Copies: You have the right to request paper delivery of any communication required by law to be provided to you in writing. We may charge a reasonable service fee for paper delivery of any communication that would otherwise have been provided to you electronically.

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Delivery Methods: We will deliver electronic communications to you by email or by making the communication viewable to you online. We recommend that you print a paper copy of any electronic communication for your records.

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Hardware and Software Requirements: You understand that in order to receive electronic communications via email, you must have Internet access, a valid email address, and the ability to receive and review emails containing HTML and PDF files. In order to access documents provided to you on our website, you must have internet access, a customer online account with us, a supported operating system (Windows 10+, Mac OS Android 7.0+ or iOS 11.0+. If the hardware or software requirements to receive or access electronic communications from us materially change in the future, we will notify you by sending an email to the email address we have on file for you

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Security: You acknowledge that the Internet is not a secure network and that communications transmitted over the Internet may be accessed by unauthorized or unintended third parties. Although we have implemented reasonable technical safeguards to protect our communication systems from unauthorized access, we cannot guarantee network security and you accept that receiving or sending communications via the Internet is at your own risk.

 

Revocation & Updating: You may revoke your consent at any time by notifying us in writing at the address provided below. Your revocation will be effective no more than three (3) business days after actual receipt by us. Please understand that revoking consent to electronic communications may result in cancellation of certain services or products that require receipt of electronic communications.

 

Membership Services

ATTN: Privacy Manager/E-SIGN Revocation

815 Park Street

Columbus, OH 43215

Email address: Privacy@CTCBenefitsHQ.com

Please include your name, mailing address, and phone number in any written correspondence.

 

4. User Guidelines

 

You agree that you will not use the Sites or Services to transmit communications that defame, abuse, harass, stalk, threaten, or otherwise violate the rights of any other person. You also agree that you will not use the Sites or Services to transmit communications containing material that is unlawful, harassing, defamatory, abusive, indecent, threatening, harmful, vulgar, obscene, pornographic, or discriminatory. You will not use the Sites or Services to commit fraud, engage in criminal activity, or interfere with the use of the Sites or Services by others. We reserve the right, but are under no obligation, to review your communications and without notice terminate your access to and use of the Sites or Services if we determine, based on our sole discretion, that you violated the foregoing user guidelines. Further, you will not reproduce, decompile, reverse engineer, or otherwise engage in any activity with the intent or effect of recreating or transferring to yourself or any third-party all or a portion of the Sites or Services.

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5. User Data

 

We will maintain certain data that you transmit as part of the Services for purposes of managing the Services and providing the Services to you. We do not warrant that we will retain your data for any period of time or at all. You should retain copies and backups of all data you provide to us. You agree that we will have no liability to you for any loss or corruption of data you provide to us or that we store associated with your use of the Services.

 

6. Termination

 

We may suspend or terminate your use of the Sites or Services at any time for any reason and without notice to you. Upon termination, we may, but are under no obligation to, delete any and all information stored by us related to your use of the Sites or Services.

 

7. Disclaimer of Warranties

 

The Sites and Services are provided to you on an "AS IS" and “AS AVAILABLE” basis, and AT YOUR OWN RISK TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW. WE DISCLAIM, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE AND ALL WARRANTIES REGARDING SECURITY, CURRENCY, CORRECTNESS, QUALITY, ACCURACY, COMPLETENESS, RELIABILITY, PERFORMANCE, TIMELINESS, OR CONTINUED AVAILABILITY WITH RESPECT TO THE SITE AND SERVICES. We expressly disclaim, to the fullest extent permitted by applicable law, any warranties with respect to any downtime, delays or errors in the transmission or delivery of any communications, information, materials, or services through the Sites or Services. To the extent a jurisdiction does not allow the exclusion of certain warranties, some of the above exclusions may not apply. You understand and agree that the action or inaction of third parties is outside of our control and that we do not guarantee any third party will take any action or refrain from taking any action.

 

We do not warrant, endorse, guarantee, or assume responsibility for any third-party product or service recommended, advertised, or offered for sale on or through the Sites or Services or any website linked to the Sites or Services.

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8. Our Intellectual Property

 

All copyrights, trademarks, trade dress, other intellectual property and materials, including images, text, illustrations, formats, logos, designs, icons, photographs, programs, music clips, video clips and written and other materials on or part of the Sites and Services (collectively, the “IP”) are owned, controlled or licensed by us and are protected by U.S. and international trademark and copyright laws. The absence of our name or logo does not constitute a waiver of our trademark or other intellectual property rights relating to such name or logo. All other product names, company names, marks, logos, and symbols appearing on the Sites or Services may be the trademarks and the property of their respective owners. Software used as part of the Sites and Services is our property or our suppliers’ property and is protected by U.S. and international copyright laws.

 

Subject to your strict compliance with these Terms, we grant you a limited, non-exclusive, revocable, non-assignable, personal, and non-transferable license to access, view, download, and print the materials displayed on the Sites and Services for your use and access only; provided, however, that you (i) retain all copyright, trademark or other proprietary designations or watermarks contained on all IP; (ii) do not modify or alter the IP in any way; and (iii) do not provide or make available the IP to any third party in a commercial manner. Other than this limited license, no license, right, title, or interest in any IP is transferred to you as a result of your use of the Sites or Services or your accessing, viewing, downloading, or printing of the IP. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of or exploit in any way, in whole or in part, any of the IP, the Sites, Services, or any related software.

 

9. Digital Millennium Copyright Act Notice

 

If you believe that any material on the Sites infringes your copyright rights, please contact our designated agent for Digital Millennium Copyright Act notices at:

 

Membership Services

Attn: Copyright Manager

PO Box 726

Lombard, IL 60148

Email address: Copyright@CTCBenefitsHQ.com

 

In your notice, please include:

• Your physical or electronic signature;

• Identification of the copyrighted work you claim to have been infringed, or, if there are multiple copyrighted works, a list of such works;

• Identification of the material that you claim to be infringing, and where the material is located on the Sites or Services;

• Your address, telephone number, and email address;

• A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by you or the law; and

• A statement, under penalty of perjury, that the information in your notice is accurate.

• If the notice is submitted by someone else on your behalf, the notice must also contain a statement that, under penalty of perjury, the person submitting the notice is authorized to act on your behalf.

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10. Limitation of Liability

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IN NO EVENT WILL WE OR OUR AFFILIATES, OFFICERS, DIRECTORS, OWNERS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, SPECIAL, INDIRECT, INCIDENTAL, OR PUNITIVE DAMAGES OR LOST REVENUE, LOST PROFITS, LOST DATA, LOSS OF GOODWILL/REPUTATION, OR LOST ANTICIPATED BUSINESS (EVEN IF WE HAVE BEEN ADVISED OF OR COULD HAVE ANTICIPATED THE POSSIBILITY OF SUCH DAMAGES) ARISING FROM OR RELATING TO THESE TERMS, THE SITE, OR THE SERVICES, REGARDLESS OF THE FORM OF ACTION OR THEORY OF LIABILITY. OUR AGGREGATE LIABILITY FOR ANY LIABILITIES, LOSSES, COSTS, DAMAGES, AND EXPENSES ASSOCIATED WITH ANY CLAIM OR ACTION RELATED TO, IN CONNECTION WITH, OR ARISING UNDER THESE TERMS, THE SITE, OR THE SERVICES, REGARDLESS OF THE FORM OF ACTION OR THEORY OF LIABILITY, WILL NOT EXCEED THE GREATER OF (1) THE AMOUNT PAID BY YOU TO US IN THE SIX MONTHS PRECEEDING YOUR CLAIM OR (2) ONE HUNDRED DOLLARS ($100). TO THE EXTENT A JURISDICTION DOES NOT ALLOW THE LIMITATION OF SOME LIABILITIES, SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

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11. Dispute Resolution

 

Any controversy, claim or dispute arising out of or related to these Terms, the Sites, and/or the Services, including, but not limited to, alleged violations of state or federal statutory or common law rights or duties (a “Dispute”) will be solely and exclusively resolved according to the procedures set forth in this paragraph. If the parties are unable to resolve any Dispute through informal means, either party may initiate binding arbitration of such Dispute by sending notice demanding arbitration to the other party. The demand for arbitration will be made within a reasonable time after the Dispute has arisen, but in no event will it be made more than one year from when the aggrieved party knew or should have known of the controversy, claim or facts forming the basis of the Dispute. The arbitration will be initiated and conducted according to American Arbitration Association rules and procedures for commercial arbitration, including, as applicable, provisions for the resolution of consumer disputes (the “Arbitration Rules”). The arbitration will be conducted in Cook County, Illinois before a single neutral arbitrator appointed in accordance with the 

Arbitration Rules. The decision of the arbitrator will be final without option to appeal. Disputes with an amount in controversy of $10,000 or less will be determined on the basis of written submissions only. To the fullest extent permitted by law, the arbitrator will not have the power to award punitive, special, consequential, or indirect damages against any party.

 

Arbitration costs and fees will be divided in accordance with the Arbitration Rules. Each party will be responsible for paying its own attorneys’ fees, costs, and expenses, regardless of which party prevails, but a party may recover any or all expenses from another party if the arbitrator, applying applicable law, so determines. No disputes may be arbitrated on a class or representative basis and the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated. BY AGREEING TO THESE TERMS, EACH PARTY IRREVOCABLY WAIVES ANY RIGHT IT MAY HAVE TO JOIN CLAIMS OR DISPUTES WITH THOSE OF OTHERS IN THE FORM OF A CLASS ACTION, CLASS ARBITRATION, OR SIMILAR PROCEDURAL DEVICE; AND WAIVES ANY RIGHT IT MAY HAVE TO PRESENT ITS CLAIM OR DISPUTE IN A COURT OF LAW. Judgment on the award rendered by the arbitrator(s), if any, may be entered for enforcement purposes in any court having jurisdiction thereof.

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12. Governing Law

 

The Terms are governed according to the laws of the State of Illinois, without regard to its conflicts of law principles. Subject to the dispute resolution process described above, all claims, disputes, and suits must be brought solely in the state or federal courts located in Cook County, Illinois.

 

13. Indemnity

 

a. Indemnification of Us: You will defend, indemnify, and hold us and our affiliates, officers, directors, owners, employees, and agents harmless from and against any and all claims, governmental investigations, demands, actions, and proceedings, real or threatened, and all losses, judgments, awards, settlements, damages, fines, injuries, penalties, and costs (including, without limitation, reasonable attorneys’ fees and expenses) (collectively, “Losses”) arising out of or related to (i) any breach or alleged breach of these Terms, including the representations contained herein, by you; (ii) your violation of any applicable law or regulation; or (iii) your gross negligence or willful misconduct.

 

b. Indemnification Procedure: The party seeking indemnification (the “Indemnified Party”) will give prompt written notice to the party from whom indemnification is sought (the “Indemnifying Party”) of any claim for which indemnification is sought under these Terms. Failure to give such notice will not relieve the Indemnifying Party of its obligation to provide indemnification except to the extent that such failure materially adversely affects the ability of the Indemnifying Party to defend the applicable claim. The Indemnifying Party may elect to assume the defense and control of any such claim at its own cost and expense and the Indemnified Party will have the right to be represented by its own counsel at its own cost in such matters. The Indemnifying Party will use counsel reasonably acceptable to the Indemnified Party. Neither the Indemnifying Party, nor the Indemnified Party, will settle or dispose of any such matter in any manner that would adversely affect the rights or interests of the other party, including the payment of money, without the prior written consent of the other party, which will not be unreasonably withheld or delayed. Each party will reasonably cooperate with the other party and its counsel in the course of defense of any claim, such cooperation including, without limitation, providing documents, information, and/or witnesses.

 

14. Links

 

The Sites or Services may contain links to or be accessed through links that are owned and operated by independent third parties to which these Terms do not apply. We provide links as a convenience and the inclusion of the link does not imply that we endorse or accept any responsibility for the content on those sites. We are not responsible for content including but not limited to advertising claims, special offers, illustrations, names or endorsements on any other sites to which the Sites or Services may be linked to or from which the Sites or Services may be accessed. Further, we are not, directly or indirectly, implying any approval, association, sponsorship, endorsement, or affiliation with the linked site, unless specifically stated therein. Your linking to any other off-site pages or other sites is at your own risk. We recommend that you review any terms of use statement and privacy policy before using any other linked site.

 

15. Force Majeure

 

We will be excused from failures or delays in delivery or performance of the Sites and/or Services, if such failure or delay is attributable to causes out of our reasonable control such as weather, acts of God, natural disaster, war, terrorist attack, disease, epidemic/pandemic, criminal activity, riot, civil unrest, strike, or utility failure.

 

16. Feedback

 

We always welcome and appreciate your feedback and suggestions. You understand that we cannot necessarily respond to or implement feedback or suggestions. You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information provided by you to us are yours personally and not owned by a commercial entity. You grant us a worldwide, unrestricted, royalty-free license to distribute, publish, modify, edit, or otherwise use your submissions for any purpose, commercial or otherwise, without any acknowledgement of or compensation to you.

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17. Miscellaneous

 

The Terms constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of the Terms will not operate as a waiver of such right or provision. If any provision of the Terms is determined to be unlawful, void, or unenforceable, the parties intend that the offending provision be modified to the minimum extent necessary to be lawful and enforceable. Portions of the Terms which by their nature would survive termination of your use of the Sites or Services (e.g., disclaimer of warranties, limitation of liability, indemnification) will be deemed to survive. Headings are provided as a convenience and should not be used as interpretive aids. The Terms do not create any joint venture, partnership, employment, or agency relationship between the parties. You agree that ambiguities in the Terms will not be construed against us by attribution of drafting. We may assign any of our rights or obligations to others at any time without notice to you. You may not assign any of your rights or obligations to others without our prior written consent.

 

Contact Information

 

Membership Services

815 Park Street

Columbus, OH 43215

Email address: CustomerService@CTCBenefitsHQ.com