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Terms of Service Agreement
Welcome to our site. We maintain this web site as a service to our
customers. By using our site, you are agreeing to comply with
and be bound by the following terms of use. Please review the
following terms carefully. If you do not agree to these terms,
you should not review information or obtain goods or products
from this site.
1. Acceptance of Agreement. You agree to the terms and conditions
outlined in this Terms of Use Agreement
(“Agreement”) with respect to our site (the
“Site”). This Agreement constitutes the entire and
only agreement between us and you, and supersedes all prior or
contemporaneous agreements, representations, warranties and
understandings with respect to the Site, the content, products
or services provided by or through the Site, and the subject
matter of this Agreement. This Agreement may be amended at any
time by us from time to time without specific notice to you.
The latest Agreement will be posted on the Site, and you should
review this Agreement prior to using the Site.
2. Copyright.
The content, organization, graphics, design, compilation,
magnetic translation, digital conversion and other matters
related to the Site are protected under applicable copyrights,
trademarks and other proprietary (including but not limited to
intellectual property) rights. The copying, redistribution, use
or publication by you of any such matters or any part of the
Site, except as allowed by Section 4, is strictly prohibited.
You do not acquire ownership rights to any content, document or
other materials viewed through the Site. The posting of
information or materials on the Site does not constitute a
waiver of any right in such information and materials.
3. Trademarks.
Dominion Benefits and others are either trademarks or
registered trademarks of Dominion Benefits, LLC. Other product
and company names mentioned on the Site may be trademarks of
their respective owners.
4. Limited Right to Use. The viewing, printing or downloading of any
content, graphic, form or document from the Site grants you
only a limited, nonexclusive license for use solely by you for
your own personal use and not for republication, distribution,
assignment, sublicense, sale, preparation of derivative works
or other use. No part of any content, form or document may be
reproduced in any form or incorporated into any information
retrieval system, electronic or mechanical, other than for your
personal use (but not for resale or redistribution).
5. Editing, Deleting and Modification. We reserve the right in our sole
discretion to edit or delete any documents, information or
other content appearing on the Site.
6. Indemnification. You agree to indemnify, defend and hold us and
our partners, attorneys, staff and affiliates (collectively,
“Affiliated Parties”) harmless from any liability,
loss, claim and expense, including reasonable attorney’s
fees, related to your violation of this Agreement or use of the
Site.
7. Nontransferable. Your right to use the Site is not transferable.
Any password or right given to you to obtain information or
documents is not transferable.
8. Disclaimer and Limits. THE INFORMATION FROM OR THROUGH THE SITE
ARE PROVIDED “AS-IS,” “AS AVAILABLE,”
AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED
(INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED
WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR
PURPOSE). THE INFORMATION AND SERVICES MAY CONTAIN BUGS,
ERRORS, PROBLEMS OR OTHER LIMITATIONS. WE AND OUR AFFILIATED
PARTIES HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF ANY
INFORMATION OR SERVICE. IN PARTICULAR, BUT NOT AS A LIMITATION
THEREOF, WE AND OUR AFFILIATED PARTIES ARE NOT LIABLE FOR ANY
INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES
(INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS,
LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT,
BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT
LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES. THE NEGATION OF DAMAGES SET FORTH ABOVE ARE
FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN US AND
YOU. THIS SITE AND THE INFORMATION WOULD NOT BE PROVIDED
WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER
ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH THE SITE SHALL
CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY
STATED IN THIS AGREEMENT.
All responsibility or liability for any
damages caused by viruses contained within the electronic file
containing the form or document is disclaimed. WE WILL NOT BE
LIABLE TO YOU FOR ANY INCIDENTAL, SPECIAL OR CONSEQUENTIAL
DAMAGES OF ANY KIND THAT MAY RESULT FROM USE OF OR INABILITY TO
USE OUR SITE. OUR MAXIMUM LIABILITY TO YOU UNDER ALL
CIRCUMSTANCES WILL BE EQUAL TO THE PURCHASE PRICE YOU PAY FOR
ANY GOODS, SERVICES OR INFORMATION.
9. Use of Information. We reserve the right, and you authorize us, to
the use and assignment of all information regarding Site uses
by you and all information provided by you in any manner
consistent with our Privacy Policy.
10. Third-Party Services. We allow access to or advertise
third-party merchant sites (“Merchants”) from which
you may purchase certain goods or services. You understand that
we do not operate or control the products or services offered
by Merchants. Merchants are responsible for all aspects of
order processing, fulfillment, billing and customer service. We
are not a party to the transactions entered into between you
and Merchants. You agree that use of such Merchants is AT YOUR
SOLE RISK AND IS WITHOUT WARRANTIES OF ANY KIND BY US,
EXPRESSED, IMPLIED OR OTHERWISE INCLUDING WARRANTIES OF TITLE,
FITNESS FOR PURPOSE, MERCHANTABILITY OR NON-INFRINGEMENT. UNDER
NO CIRCUMSTANCES ARE WE LIABLE FOR ANY DAMAGES ARISING FROM THE
TRANSACTIONS BETWEEN YOU AND MERCHANTS OR FOR ANY INFORMATION
APPEARING ON MERCHANT SITES OR ANY OTHER SITE LINKED TO OUR
SITE.
11. Third-Party Merchant Policies. All rules, policies (including privacy
policies) and operating procedures of Merchants will apply to
you while on such sites. We are not responsible for information
provided by you to Merchants. We and the Merchants are
independent contractors and neither party has authority to make
any representations or commitments on behalf of the other.
12. Privacy Policy. Our Privacy Policy, as it may change from time
to time, is a part of this Agreement.
13. Payments.
You represent and warrant that if you are purchasing something
from us or from Merchants that (i) any credit information you
supply is true and complete, (ii) charges incurred by you
will be honored by your credit card company, and (iii) you will
pay the charges incurred by you at the posted prices, including
any applicable taxes.
14. Securities Laws. This Site may include statements concerning our
operations, prospects, strategies, financial condition, future
economic performance and demand for our products or services,
as well as our intentions, plans and objectives, that are
forward-looking statements. These statements are based upon a
number of assumptions and estimates which are subject to
significant uncertainties, many of which are beyond our
control. When used on our Site, words like
“anticipates,” “expects,”
“believes,” “estimates,”
“seeks,” “plans,” “intends”
and similar expressions are intended to identify
forward-looking statements designed to fall within securities
law safe harbors for forward-looking statements. The Site and
the information contained herein does not constitute an offer
or a solicitation of an offer for sale of any securities. None
of the information contained herein is intended to be, and
shall not be deemed to be, incorporated into any of our
securities-related filings or documents.
15. Links to other Web Sites. The Site contains links to other Web
sites. We are not responsible for the content, accuracy or
opinions express in such Web sites, and such Web sites are not
investigated, monitored or checked for accuracy or completeness
by us. Inclusion of any linked Web site on our Site does not
imply approval or endorsement of the linked Web site by us. If
you decide to leave our Site and access these third-party
sites, you do so at your own risk.
17. Information and Press Releases. The Site contains information and press
releases about us. While this information was believed to be
accurate as of the date prepared, we disclaim any duty or
obligation to update this information or any press releases.
Information about companies other than ours contained in the
press release or otherwise, should not be relied upon as being
provided or endorsed by us.
18. Miscellaneous. This Agreement shall be treated as though it
were executed and performed in the Commonwealth of Virginia and
shall be governed by and construed in accordance with the laws
of the Commonwealth of Virginia (without regard to conflict of
law principles). Any cause of action by you with respect to the
Site (and/or any information, products or services related
thereto) must be instituted within one (1) year after the cause
of action arose or be forever waived and barred. All actions
shall be subject to the limitations set forth in Section 8 and
Section 10. The language in this Agreement shall be interpreted
as to its fair meaning and not strictly for or against either
party. All legal proceedings arising out of or in connection
with this Agreement shall be brought solely in Richmond,
Virginia. You expressly submit to the exclusive jurisdiction of
said courts and consents to extra-territorial service of
process. Should any part of this Agreement be held invalid or
unenforceable, that portion shall be construed consistent with
applicable law and the remaining portions shall remain in full
force and effect. To the extent that anything in or associated
with the Site is in conflict or inconsistent with this
Agreement, this Agreement shall take precedence. Our failure to
enforce any provision of this Agreement shall not be deemed a
waiver of such provision nor of the right to enforce such
provision.
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©2006 DOMINION BENEFITS LLC
ALL RIGHTS RESERVED
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