Terms of Use
The Hudspeth Benefits site (the “Service”), located at http://hudspethbenefits.com, is owned and operated by Hudspeth Benefits Group, and is provided to you (the “User”) under the terms and conditions outlined below. By using the Service, the User recognizes the terms and conditions of this agreement (the “Agreement”), and agrees to use the Service accordingly. This agreement shall continue in effect for as long as the User is registered to use the Service.
Hudspeth Benefits Group reserves the right to update and change the Agreement from time to time without notice. Any new features that enhance or extend the current Service shall be subject to this Agreement. Continued use of the Service after any such changes shall constitute User consent to such changes.
PLEASE READ THIS AGREEMENT CAREFULLY
Security Hudspeth Benefits Group and its employees are dedicated to maintaining User’s privacy and security. Hudspeth Benefits Group will adhere to its stated privacy and security policies and at no time shall disclose any of personal information to any third party unless a specific demand is made by a lawful court order, or as otherwise stated in our Privacy Policy. However, Hudspeth Benefits Group is unable to guarantee that third parties will not intercept data transmitted over the Internet. As a result, Hudspeth Benefits Group does not warrant the security of any information the User transmits to or from our Services, and does so at their own risk.
The Service Hudspeth Benefits Group is providing the User information about the products and services we sell as other information that may have some relevance to our business (the "Content"). Hudspeth Benefits Group makes no guarantees as to the continuous availability of the Service or of any specific features of the Service. Hudspeth Benefits Group reserves the right to change the Service without notice.
Children The Service is not available to children under the age of 13. If User is under the age of 13, under no circumstances should User send us any personally identifying information, attempt to register or otherwise utilize the Service. If parents believe their child (any age under 18) has accessed our system without their permission, they can contact our Customer Care department whose contact information is located at the bottom of the Agreement.
Termination User may stop using the Service and have their Content removed at any time. To do so User must contact Hudspeth Benefits Group via email. Hudspeth Benefits Group will remove the Content related to the User shortly after cancellation. If the User abandons their Content by not logging in to the Service for a period of three (3) months, Hudspeth Benefits Group reserves the right remove all Content related to the User. Notwithstanding the previous statement Hudspeth Benefits Group, at its sole discretion, for any reason, and at any time, reserves the right to terminate this Agreement and access to the Service with thirty (30) days prior notice to the User.
Independent Parties Hudspeth Benefits Group supplies a private service, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
USER RESPONSIBILITIES
Conduct User acknowledges that Hudspeth Benefits Group does not pre-screen Content, but that Hudspeth Benefits Group and its designees shall have the right (but not the obligation) in their sole discretion to refuse or remove any Content that violates the Agreement.
User must not do anything which could reasonably be expected to damage, disable, overburden, or materially impair the Service or which is likely to interfere with any other party’s use or enjoyment of the Service.
Registration Information User agrees to provide true, accurate and complete registration information and to maintain, and promptly update User information as applicable. User agrees not to impersonate any person or use a name that User is not authorized to use. If any information User provide is untrue, inaccurate, not current, or incomplete, without limiting other remedies, Hudspeth Benefits Group has the right to terminate User access to the Service and Hudspeth Benefits Group has the right to recover from User any costs or losses incurred as a direct or indirect result of the inaccurate or incomplete information. User authorizes Hudspeth Benefits Group to make any inquiries they consider necessary to validate User registration.
Correct Email User agrees that they have access to the Internet and to a current email address other than the one that may have been provided to User by Hudspeth Benefits Group. This email must be specified during the registration process when User sign up to the Service, and will be the email address that Hudspeth Benefits Group will use to contact the User. Hudspeth Benefits Group will not be liable for any undelivered email communications or any costs User incur for maintaining Internet access and an email account. User must promptly notify Hudspeth Benefits Group of any change to their email address.
Electronic Communications To the fullest extent permitted by applicable law, this Agreement and any other agreements, notices or other communications regarding User account and/or User’s use of the Service ("Communications"), may be provided to User electronically and User agrees to receive Communications in an electronic form. Electronic Communications may be posted on the pages within the Service and/or delivered to User’s email address. User will print a copy of any Communications and retain it for their records. All Communications in either electronic or paper format will be considered to be in “Writing”, and to have been received no later than five (5) business days after posting or dissemination, whether or not User have received or retrieved the Communication.
Privacy User agrees that they have had an opportunity to review and accepts the terms of Hudspeth Benefits Group's Privacy Policy.
Passwords User may not divulge their account password(s) to anyone else, nor may User use anyone else's password. Hudspeth Benefits Group is not responsible for losses incurred by Users as the result of their misuse of passwords.
Hacking If User uses, or attempt to use the Service for other purposes including but not limited to tampering, hacking, modifying or otherwise corrupting the security or functionality of Service, User access to the Service will be terminated and User will be subject to damages and other penalties, including criminal prosecution where available.
RIGHTS AND DISCLAIMERS OF HUDSPETH BENEFITS GROUP
Privacy Hudspeth Benefits Group will not intentionally monitor or disclose any Content, including but not limited to email addresses, unless required by law, regulation, court order, or as otherwise stated in our Privacy Policy.
Fees, Payments, and Refunds Hudspeth Benefits Group reserves the right change any fees it charges the User for access to the Service.
Limitation of Liability In no event shall Hudspeth Benefits Group be liable for (i) loss or inaccuracy of Content, (ii) interruption, suspension, or termination of the Service, (iii) damages caused other than by intentional misconduct, or (iv) any indirect, special, incidental, consequential or punitive damages whatsoever (including, but not limited to, damages for lost profits, disclosure of confidential information, or loss of privacy), arising out of or in any way related to the use of or inability to use the Service, or any of the associated services, even if Hudspeth Benefits Group has been advised of the possibility of such damages. In no event shall Hudspeth Benefits Group be liable for any act or omission of any third party (such as, for example, any provider of telecommunications services, Internet access or computer equipment or software) or any circumstances beyond our control (such as, for example, a fire, flood, or other natural disaster, war, riot, strike, act of civil or military authority, equipment failure, computer virus, or failure or interruption of electrical, telecommunications or other utility services).
Indemnity User agrees to indemnify and hold Hudspeth Benefits Group, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content User submits, posts, transmits or make available through the Service, User’s use of the Service, User’s connection to the Service, User’s violation of the Agreement, or User’s violation of any rights of another.
DISCLAIMER OF WARRANTIES USER EXPRESSLY UNDERSTAND AND AGREE THAT THE USE OF THE SERVICE IS AT THE USER SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “Service” BASIS. HUDSPETH BENEFITS GROUP EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. HUDSPETH BENEFITS GROUP MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET USER REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, OR INFORMATION OBTAINED BY USER THROUGH THE SERVICE WILL MEET USER EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
Restrictions When applicable, Hudspeth Benefits Group, at its sole discretion, reserves the right to terminate a User’s access to the Service and remove their Content for any one of the events:
- Receipt of potentially fraudulent or insufficient funds
- Unconfirmed identity
- Registering, advertising or otherwise soliciting the receipt of excessive Internet traffic
- The Service has been used in or to facilitate criminal or fraudulent activity
- Use of an anonymizing proxy
- Harm minors in any way
- Impersonate any person or entity, including, but not limited to, a Hudspeth Benefits Group official, or falsely state or otherwise misrepresent User affiliation with a person or entity
- Upload, post, email, transmit or otherwise make available any:
- Content that User does not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements)
- Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party
- Unsolicited or unauthorized advertising, promotional materials, “junk mail”, “spam”, “chain letters”, “pyramid schemes”, or any other form of solicitation
- Material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment
- Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libellous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable
Copyright All copyright and other intellectual property rights in the Service (including any such rights in our website) are either owned by or licensed to Hudspeth Benefits Group and nothing in this Agreement shall transfer any ownership rights whatsoever to the User.
The User retains ownership of any copyright and any other intellectual property rights related to the User’s Content. Intellectual property rights in Content will not be transferred to Hudspeth Benefits Group.
Trademarks Hudspeth Benefits Group, and all related logos, products and services described in this website are either trademarks or registered trademarks of Hudspeth Benefits Group and (aside from “Use of Logos” below) may not be copied, imitated or used, in whole or in part, without the prior written permission of Hudspeth Benefits Group. In addition, all page headers, custom graphics, button icons, and scripts are service marks, trademarks, and/or trade dress of Hudspeth Benefits Group and may not be copied, imitated, or used, in whole or in part, without the prior written permission of Hudspeth Benefits Group.
Use of Logos Notwithstanding the above, logos provided by Hudspeth Benefits Group may be used without prior written consent for the purpose of directing web traffic to the Service. These Logos may not be altered, modified, or changed in any way, or used in a manner that is disparaging to Hudspeth Benefits Group or the Service. Hudspeth Benefits Group logos may not be displayed in any manner that implies sponsorship or endorsement by Hudspeth Benefits Group.
GENERAL MATTERS
Transfer of Rights & Obligations Hudspeth Benefits Group shall be entitled to transfer its rights and/or obligations under these Terms of Use to another party. The User may not transfer it rights and/or obligations under the Agreement without prior written authorization by Hudspeth Benefits Group.
Waiver and severability If either User or Hudspeth Benefits Group breach the Agreement, it doesn't mean that any further breach cannot be enforced. Similarly, if any part of the Agreement turns out to be invalid or unenforceable for some reason, then it will be replaced with a provision which, as far as possible, achieves the same purpose as the original, and the remainder of the agreement will still be binding.
Entire Agreement This Agreement and Hudspeth Benefits Group’s Privacy Policy describe the entire agreement between the User and Hudspeth Benefits Group regarding the Service, and supersede any prior understandings or agreements. The headings are for convenience only and shall not affect the construction or interpretation of the Agreement.
Official Language All Services to be provided, all obligations of Hudspeth Benefits Group and all Communication between the parties with respect to this Agreement will be done in the English language. Web pages which are translated from English to other languages may contain errors / omissions. If for any reason the translated text is incorrect, or misleading, the English text shall be deemed as the official version.
Contacting Hudspeth Benefits Group If User has any questions about this Agreement, the practices of this Hudspeth Benefits Group, or User dealings with the Service, contact:
Hudspeth Benefits Group Corporation
Customer Service Department
Email
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Phone: 901-763-2021



