Last Updated: January15, 2010
3. Description of the Site. This site is used for marketing, customer service and technical support.
5. User ID and Password. Certain parts of this Site are password protected and available only to Extended Support Customers. You are respnsible for keeping your User ID and Password confidential. You should memorize the User ID and Password and not share it with others. You are responsible for all activity occurring through the use or your User ID and Password. You agree to notify BPSC of any actual or suspected unauthorized use of your User ID or Password. BPSC will not be responsible for any loss whatsoever arising from the misappropriation of your User ID or Password by a third party.
6. Intellectual Property and Rights to AccessSite.
6.2 Trademark Notices. All trademarks, service marks, trade names and logos contained in the Site are the property of their respective owners.
6.3 Copyright Notice. Copyright © 1987-2006 Benefit Plan Systems Corporation. All Rights Reserved.
10. Security. Reasonable security procedures are used on the Site. Electronic communications have an inherrent risk when information is transmitted via the Internet. No guarantee or warranty is made that the Site or related systems is free from hackers and/or viruses, or that information provided by you will not be intercepted or otherwise surreptitiously obtained. You hereby acknowledge and understand that such risk is inherrent when interacting with any website, including this Site, and take full responsibility for any harm or damage that occurs due to such breach in security.
11. Disclaimer. THIS SITE, INCLUDING WITHOUT LIMITATION, THE CONTENT AND OTHER MATERIALS CONTAINED IN OR ACCESSIBLE THROUGH THIS SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT WITH RESPECT TO ALL SUCH MATERIALS ARE DISCLAIMED. NO WARRANTY IS MADE THAT THIS SITE OR ITS CONTENT OR SERVICES WILL MEET YOUR REQUIREMENTS, OR THAT THE SITE OR CONTENT WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE. NO WARRANTY IS MADE CONCERNING THE ACCURACY OF THE INFORMATION CONTAINED ON THIS SITE, OR THE QUALITY OF ANY SERVICES AVAILABLE THROUGH THE SITE. NO REPRESENTATION OR WARRANTY IS MADE THAT THIS SITE OR ITS SERVER(S) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
IN STATES WHICH RESTRICT OR DO NOT ALLOW THE ABOVE LIMITATIONS OR LIABILITY, THE ABOVE LIMITATIONS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED UNDER THE LAW.
12. Limitation of Liability. YOU UNDERSTAND THAT IN NO EVENT WILL BPSC OR ITS MANAGERS, MEMBERS, OFFICERS, DIRECTORS, SHAREHOLDERS, PARENTS, SUBSIDIARIES, AFFILIATES, OR AGENTS BE LIABLE FOR ANY DIRECT, CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, WHETHER IN AN ACTION UNDER CONTRACT, NEGLIGENCE OR ANY OTHER THEORY, ARISING OUR OF :(A) YOUR USE OR INABILITY TO USE THE SITE, OR (B) YOUR RELIANCE ON ANY SERVICES OR CONTENT PROVIDED BY THE SITE; EVEN IF ANY OF SUCH PARTIES HAS BEEN ADVISEDOF THE POSSIBILITY OF SUCH DAMAGES. ALSO, IN NO EVENT WILL ANY OF THE ABOVE IDENTIFIED PARTIES IN THIS SECTION BE LIABLE TO YOU FOR AN AMOUNT GREATER THAN $100 (USD).
IN STATES WHICH RESTRICT OR DO NOT ALLOW THE ABOVE LIMITATIONS OF LIABILITY, THE ABOVE LIMITATIONS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED UNDER THE LAW.