Terms of Service
1. ACCEPTANCE OF TERMS
Benefit Defender (own by Fisk Consulting) provides a collection of web pages powered by Benefitdefender.com, and various healthcare related, messaging and email services, (referred to hereafter as "the Service") subject to the following Terms of Service ("TOS"). By using the Service in any way, you are agreeing to comply with the TOS. In addition, when using particular Benefit Defender services, you agree to abide by any applicable guidelines in this TOS for all Benefit Defender services, which may change from time to time. Should you object to any term or condition of the TOS, any guidelines, or any subsequent modifications thereto or become disappointed with Benefit Defender in any way, your only recourse is to immediately discontinue use of Benefit Defender. Benefit Defender has the right, but is not obligated, to strictly enforce the TOS through self-help, community moderation, active investigation, litigation and prosecution.
2. MODIFICATIONS TO THIS AGREEMENT
We reserve the right, at our sole discretion, to change, modify or otherwise alter these terms and conditions at any time. Such modifications shall become effective immediately upon the posting thereof. You must review this agreement on a regular basis to keep yourself up to date of any changes. You can find the most recent version of the TOS at:
You understand that all postings, messages, text, files, images, photos, or other materials (collectively, the "Content") posted on, transmitted through, or linked from the Service, are the sole responsibility of the person from whom such Content originated. More specifically, you are entirely responsible for each individual item of Content that you post, email or otherwise make available via the Service. You understand that Benefit Defender does not control, and is not responsible for Content you may misdirect or incorrectly email to an entity other than Benefit Defender. Furthermore, Benefit Defender site and Content available through the Service may contain links to other websites, which are completely independent of Benefit Defender. Benefit Defender makes no representation or warranty as to the accuracy, completeness or authenticity of the information contained in any such independent site. Your linking to any other websites is at your own risk. You agree that you must evaluate, and bear all risks associated with, the use and posting of any Content, that you may not rely on said Content, and that under no circumstances will Benefit Defender be liable in any way for any Content or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise made available via the Service. You acknowledge that Benefit Defender does not pre-screen or approve Content, but that Benefit Defender shall have the right (but not the obligation) in its sole discretion to refuse, delete or move any Content that is available via the Service, for violating the letter or spirit of the TOS or for any other reason. You acknowledge that Benefit Defender shall have the right in its sole discretion to move or delete any Content placed within the Service due to lack of server space or for other business operations.
4. THIRD PARTY CONTENT, SITES, AND SERVICES
Benefit Defender site and Content available through the Service may contain features and functionalities that may link you or provide you with access to third party content which is completely independent of Benefit Defender, including web sites, directories, servers, networks, systems, information and databases, applications, software, programs, products or services, and the Internet as a whole. Your interactions with organizations and/or individuals found on or through the Service, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties. You agree that Benefit Defender shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings with these independent third parties. If there is a dispute between participants on this site, or between users and any third party, you understand and agree that Benefit Defender is under no obligation to become involved. In the event that you have a dispute with one or more other users, you hereby release Benefit Defender, its officers, employees, agents and successors in rights from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and/or our service.
All information, content, services and software displayed on, transmitted through, or used in connection with the Site including, for example, advertisements, text, photographs, images, audio clips, video, html, source and object code, trademarks, logos, and the like (collectively, the "Content"), as well as its selection and arrangement, is owned by or licensed to us or our affiliated companies, licensors and suppliers, or in case of certain logos and trademarks (but NOT advertisements, text, photographs or images) our customers and their affiliates. You may use the Content solely for your personal, non- commercial use, and you may download or print a copy of any portion of the Content for your personal use. No other use is permitted.
6. PRIVACY AND INFORMATION DISCLOSURE
You agree not to post, email, or otherwise make available Content: a) that is unlawful, harmful, threatening, abusive, harassing, defamatory, libelous, invasive of another's privacy, or is harmful to minors in any way b) that harasses, degrades, intimidates or is hateful toward an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability. c) that impersonates any person or entity, including, but not limited to, a Benefit Defender employee, or falsely states or otherwise misrepresents your affiliation with a person or entity (this provision does not apply to Content that constitutes lawful non-deceptive parody of public figures.); d) that includes personal or identifying information about another person without that person's explicit consent; e) that is false, deceptive, misleading, deceitful, miss-information, or constitutes "bait and switch"; f) that constitutes or contains "affiliate marketing," "link referral code," "junk mail," "spam," "chain letters," "pyramid schemes," or unsolicited commercial advertisement; g) that constitutes or contains any form of advertising or solicitation if: posted in areas of the Benefit Defender sites which are not designated for such purposes or emailed to Benefit Defender users who have not indicated in writing that it is ok to contact them about other services, products or commercial interests. h) that includes links to commercial services or web sites, except as allowed in "services"; i) 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; j) that disrupts the normal flow of dialogue with an excessive amount of Content (flooding attack) to the Service, or that otherwise negatively affects other users' ability to use the Service; or k) that employs misleading email addresses, or forged headers or otherwise manipulated identifiers in order to disguise the origin of Content transmitted through the Service. Additionally, you agree not to: l) contact anyone who has asked not to be contacted, or make unsolicited contact with anyone for any commercial purpose; m) "stalk" or otherwise harass anyone; n) collect personal data about other users for commercial or unlawful purposes; o) use automated means, including spiders, robots, crawlers, data mining tools, or the like to download data from the Service - unless expressly permitted by Benefit Defender; p) attempt to gain unauthorized access to Benefit Defender computer systems or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, the Service or the Benefit Defender website; or q) use any form of automated device or computer program that enables the submission of postings on Benefit Defender without each posting being manually entered by the author thereof (an "automated posting device"), including without limitation, the use of any such automated posting device to submit postings in bulk, or for automatic submission of postings at regular intervals.
8. NO SPAM POLICY
You understand and agree that sending unsolicited email advertisements to Benefit Defender email addresses or through Benefit Defender computer systems, is expressly prohibited by these Terms. Any unauthorized use of Benefit Defender computer systems is a violation of these Terms and certain federal and state laws, including without limitation the Computer Fraud and Abuse Act (18 U.S.C. Â§ 1030 et seq.), Section 815 ILCS 505 of the "Consumer Fraud and Deceptive Business Practices Act" of the Illinois Public Acts. Such violations may subject the sender and his or her agents to civil and criminal penalties.
9. LIMITATIONS ON SERVICE
You acknowledge that Benefit Defender may establish limits concerning use of the Service, including the maximum number of days that Content will be retained by the Service, the maximum number and size of postings, email messages, or other Content that may be transmitted or stored by the Service, and the frequency with which you may access the Service. You agree that Benefit Defender has no responsibility or liability for the deletion or failure to store any Content maintained or transmitted by the Service. You acknowledge that Benefit Defender reserves the right at any time to modify or discontinue the Service (or any part thereof) with or without notice, and that Benefit Defender shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
10. ACCESS TO THE SERVICE
Benefit Defender gives you a limited, revocable, nonexclusive license to access the Service for your own personal use. This license does not include: (a) aggregation, copying, duplication, display or derivative use of the Service nor any use of data mining, robots, spiders, or similar data gathering and extraction tools for any purpose unless expressly permitted by Benefit Defender. A limited exception to (b) is provided to general purpose internet search engines and non-commercial public archives that use such tools to gather information for the sole purpose of displaying hyperlinks to the Service, provided they each do so from a stable IP address or range of IP addresses using an easily identifiable agent and comply with our robots.txt file. Use of the Service beyond the scope of authorized access granted to you by Benefit Defender immediately terminates said permission or license.
11. TERMINATION OF SERVICE
You agree that Benefit Defender, in its sole discretion, has the right (but not the obligation) to delete or deactivate your account, block your email or IP address, or otherwise terminate your access to or use of the Service (or any part thereof), immediately and without notice, and remove and discard any Content within the Service, for any reason, including, without limitation, if Benefit Defender believes that you have acted inconsistently with the letter or spirit of the TOS. Further, you agree that Benefit Defender shall not be liable to you or any third-party for any termination of your access to the Service. Further, you agree not to attempt to use the Service after said termination. Sections 2, 4, 6 and 10-16 shall survive termination of the TOS.
12. PROPRIETARY RIGHTS
The Service is protected to the maximum extent permitted by copyright laws and international treaties. Content displayed on or through the Service is protected by copyright as a collective work and/or compilation, pursuant to copyrights laws, and international conventions. Any reproduction, modification, creation of derivative works from or redistribution of the site or the collective work, and/or copying or reproducing the sites or any portion thereof to any other server or location for further reproduction or redistribution is prohibited without the express written consent of Benefit Defender. You further agree not to reproduce, duplicate or copy Content from the Service without the express written consent of Benefit Defender, and agree to abide by any and all copyright notices displayed on the Service. You may not decompile or disassemble, reverse engineer or otherwise attempt to discover any source code contained in the Service. Without limiting the foregoing, you agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any aspect of the Service. Benefit Defender is a registered mark in the U.S. Patent and Trademark Office. Although Benefit Defender does not claim ownership of content that its users post, by posting Content, you automatically grant, and you represent and warrant that you have the right to grant, to Benefit Defender an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, and distribute said Content and to prepare derivative works of, or incorporate into other works, said Content, and to grant and authorize sublicenses (through multiple tiers) of the foregoing. Furthermore, by posting Content to any area of the Service, you automatically grant Benefit Defender all rights necessary to prohibit any subsequent aggregation, display, copying, duplication, reproduction, or exploitation of the Content on the Service by any party for any purpose.
13. DISCLAIMER OF WARRANTIES
You agree that use of the Benefit Defender site and the service is entirely at Your own risk. The Benefit Defender site and the service are provided on an "as is" or "as available" basis, without any warranties of any kind. All express and implied warranties, including, without limitation, the warranties of merchantability, fitness for a particular purpose, and non-infringement of proprietary rights are expressly disclaimed to the fullest extent permitted by law. To the fullest extent permitted by law, Benefit Defender disclaims any warranties for the security, reliability, timeliness, accuracy, and performance of the Benefit Defender site and the Service. To the fullest extent permitted by law, Benefit Defender disclaims any warranties for other services or goods received through or advertised on the Benefit Defender site or the sites or service, or accessed through any links on the Benefit Defender site. To the fullest extent permitted by law, Benefit Defender disclaims any warranties for viruses or other harmful components in connection with the Benefit Defender site or the service. Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, some of the foregoing disclaimers may not apply to you insofar as they relate to implied warranties.
14. LIMITATIONS OF LIABILITY
Under no circumstances shall Benefit Defender be liable for direct, indirect, incidental, special, consequential or exemplary damages (even if Benefit Defender has been advised of the possibility of such damages), resulting from any aspect of your use of the Benefit Defender site or the service, whether the damages arise from use or misuse of the Benefit Defender site or the service, from inability to use the Benefit Defender site or the service, or the interruption, suspension, modification, alteration, or termination of the Benefit Defender site or the service. Such limitation shall also apply with respect to damages incurred by reason of other services or products received through or advertised in connection with the Benefit Defender site or the service or any links on the Benefit Defender site, as well as by reason of any information or advice received through or advertised in connection with the Benefit Defender site or the service or any links on the Benefit Defender site. These limitations shall apply to the fullest extent permitted by law.
You agree to indemnify and hold Benefit Defender, its officers, subsidiaries, affiliates, successors, assigns, directors, officers, agents, service providers, and employees, harmless from any claim or demand, including reasonable attorney fees and court costs, made by any third party due to or arising out of Content you submit, post or make available through the Service, your use of the Service, your violation of the TOS, your breach of any of the representations and warranties herein, or your violation of any rights of another.
16. GENERAL INFORMATION
The TOS constitute the entire agreement between you and Benefit Defender and govern your use of the Service, super-ceding any prior agreements between you and Benefit Defender. The TOS and the relationship between you and Benefit Defender shall be governed by the laws of the State of Illinois without regard to its conflict of law provisions. You and Benefit Defender agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Springfield, Illinois. The failure of Benefit Defender to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred.
17. VIOLATION OF TERMS AND LIQUIDATED DAMAGES
Please report any violations of the TOS by contacting us through the following link: contact us. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. You understand and agree that, because damages are often difficult to quantify, if it becomes necessary for Benefit Defender to pursue legal action to enforce these terms, you will be liable to pay Benefit Defender the following amounts as liquidated damages, which you accept as reasonable estimates of Benefit Defender damages for the specified breaches of these terms: a. If you post a message that (1) impersonates any person or entity; (2) falsely states or otherwise misrepresents your affiliation with a person or entity; or (3) that includes personal or identifying information about another person without that person's explicit consent, you agree to pay Benefit Defender one thousand dollars ($1,000) for each such message. This provision does not apply to Content that constitutes lawful non-deceptive parody of public figures. b. If Benefit Defender establishes limits on the frequency with which you may access the Service, or terminates your access to or use of the Service, you agree to pay Benefit Defender one hundred dollars ($100) for each message posted in excess of such limits or for each day on which you access Benefit Defender in excess of such limits, whichever is higher. c. If you send unsolicited email advertisements to Benefit Defender email addresses or through Benefit Defender computer systems, you agree to pay Benefit Defender forty dollars ($40) for each such email. d. If you post Content in violation of the TOS, other than as described above, you agree to pay Benefit Defender one ninety dollars ($90) for each item of Content posted. In its sole discretion, Benefit Defender may elect to issue a warning before assessing damages. e. If you are a legal representative that uses the Service in violation of the TOS, in addition to any liquidated damages under clause (d), you agree to pay Benefit Defender one hundred dollars ($100) for each and every item you post in violation of the TOS. A legal representative will also be deemed an agent of the principal party engaging and assisting the principle party to access the Service (the "Principal"), and the Principal (by engaging the legal representative in violation of the TOS) agrees to pay Benefit Defender an additional one hundred dollars ($100) for each Item posted by the legal representative on behalf of the Principal in violation of the TOS. f. If you aggregate, display, copy, duplicate, reproduce, or otherwise exploit for any purpose any Content (except for your own Content) in violation of these Terms without Benefit Defender express written permission, you agree to pay Benefit Defender four thousand dollars ($4,000) for each day on which you engage in such conduct. Otherwise, you agree to pay Benefit Defender actual damages, to the extent such actual damages can be reasonably calculated. Notwithstanding any other provision of these terms, Benefit Defender retains the right to seek the remedy of specific performance of any term contained in these terms, or a preliminary or permanent injunction against the breach of any such term or in aid of the exercise of any power granted in these terms, or any combination thereof.
We welcome your comments and questions, and feedback. You may call or contact us at the following link: Contact us (217) 679-1613.
Delivery of Medical Advice.
While the Services may provide access to certain general medical information, and also may provide messaging functionality to contact your Treatment Provider(s), the Services cannot and are not intended to provide medical advice. We advise you to always seek the advice of a physician or other qualified healthcare provider with any questions regarding your personal health or medical conditions. Never disregard, avoid, or delay in obtaining medical advice from your doctor or other qualified healthcare provider because of something you have read on the Site. If you have or suspect that you have a medical problem or condition, please contact a qualified healthcare professional immediately.
To the extent medical advice is provided to you by a Treatment Provider through the Services, such medical advice is based on your personal health data as provided by you and the local standards of care for your presenting symptoms, based on your use of the Services. Responses are not provided by Benefit Defender, but are provided by your Treatment Provider.
THE CONTENT ON THE SITE (OTHER THAN A DIRECT RESPONSE FROM A QUALIFIED TREATMENT PROVIDER) IS NOT AND SHOULD NOT BE CONSIDERED MEDICAL ADVICE OR A SUBSTITUTE FOR INDIVIDUAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. YOU SHOULD ALWAYS TALK TO YOUR MEDICAL PROFESSIONALS FOR DIAGNOSIS AND TREATMENT, INCLUDING INFORMATION REGARDING WHICH DRUGS OR TREATMENT MAY BE APPROPRIATE FOR YOU. NONE OF THE INFORMATION ON THE SITE REPRESENTS OR WARRANTS THAT ANY PARTICULAR DRUG OR TREATMENT IS SAFE, APPROPRIATE, OR EFFECTIVE FOR YOU.
NOTE here to add about no guarantees for appeals
You agree to promptly pay all fees and charges for Treatment Provider Services, and you authorize us to automatically deduct all applicable charges and fees from the payment account(s) you designate in your Benefit Defender user profile.
You understand and agree that you will be responsible for a missed appointment fee equal to the fees you and your insurer or other payor would have paid for the scheduled services if you do not cancel a scheduled appointment at least one business day in advance.
Any "linked" payment processing accounts with third parties (such as PayPal) will appear in your user profile on the Site, and you will be able to view at least certain summary information for all such linked payment accounts. You agree to be responsible for any telephone charges and/or Internet service fees you incur in accessing your account(s) through the Services.
If you have a health benefits policy that provides mental health coverage, you may be entitled to insurance reimbursement for Treatment Provider Services. You can discuss this with your insurance company by contacting them directly. Benefit Defender offers no guarantee that you shall receive any such reimbursement.
Regardless of insurance reimbursement, payment to your Treatment Provider(s) or Benefit Defender on behalf of your Treatment Provider(s), as applicable, for co-payments, deductibles and co-insurance amounts for Treatment Provider Services, is required at the time of each appointment. If you do not have insurance coverage for Treatment Provider Services, or if your coverage is denied, you acknowledge and agree that you shall be personally responsible for all incurred expenses.
Finally, in order to access the member-only portions of the Services, you must provide us with a current, valid email address so that we may contact you. By creating an Account, you agree to keep your email address updated.
There is no guarantee that you will be accepted as a registered user, or as a patient by one of our Treatment Providers. Even if you are accepted as a patient by a Treatment Provider, your Treatment Provider may determine that online counseling services are not appropriate for some or all of your treatment needs, and accordingly may elect not to provide online counseling services to you through the Services in your Treatment Provider’s sole discretion.
Registered User Accounts.
In order to access certain features of the Services you will be required to become a registered user of the Services by creating a Benefit Defender account (“Account”). To create an Account, you must be of legal age to form a binding contract. If you are not of legal age to form a binding contract, you may not register to use our Services. When you register, you will be asked to choose a password. You are responsible for safeguarding and maintaining the confidentiality of your password and you agree not to disclose your password to any third party. You will be solely responsible for any activities or actions taken under your Account, whether or not you have authorized such activities or actions. You must notify us immediately if you know or suspect that any unauthorized person is using your password or your Account (for example, your password has been lost or stolen, someone has attempted to use the Services through your account without your consent or your Account has been accessed without your permission). We strongly recommend that you do not use the Services on public computers. We also recommend that you do not store your password through your web browser or other software.
You agree that the information that you provide to us at all times, including during registration and in any information you upload to your Benefit Defender online profile maintained by or through the Services will be true, accurate, current, and complete. This information includes, but is not limited to, name, address, phone numbers, email addresses, payment information, and account numbers. Changes can be made in your user profile. Each time you log in to our Services, we will remind you to update your information, but you are solely responsible for the accuracy and completeness of your information. By using the Services, you are consenting to truthfully complete questions to the best of your knowledge and ability. By creating an Account, you expressly consent to the use of: (a) electronic means to complete these Terms and to provide you with any notices given pursuant to these Terms; and (b) electronic records to store information related to these Terms or your use of the Services. Benefit Defender cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.
Treatment Provider Profiles.
As part of Benefit Defender’s e-health platform, Benefit Defender may provide profile pages for Treatment Providers to enable them to post relevant information about their education, training, experience, and areas of specialization. Treatment Providers are solely and exclusively responsible for the content of their respective profiles, and Benefit Defender expressly disclaims any and all liability for the content of the Treatment Provider profiles, including, without limitation, the accuracy or reliability of any information contained therein.
EXCEPT FOR COUNSELING SESSIONS WHICH ARE NOT RECORDED, ALL COMMUNICATIONS TRANSMITTED THROUGH THE SERVICES, INCLUDING WITHOUT LIMITATION BENEFIT DEFENDER’S SECURE MESSAGING PLATFORM, MAY BE MONITORED FOR QUALITY ASSURANCE, TRAINING AND OTHER PURPOSES. BY ACCEPTING THESE TERMS OF SERVICE, YOU CONSENT TO ANY SUCH MONITORING. SIMILARLY, ALL MESSAGES TRANSMITTED THROUGH BENEFIT DEFENDER’S SECURE MESSAGING PLATFORM ARE SAVED AND BECOME PART OF YOUR BENEFIT DEFENDER PROFILE.
Responsibility for Your Care; Verifying Credentials of Treatment Providers.
Your medical care and your mental health care are solely the responsibility of you and your Treatment Provider(s).
Under the Services, mental health advice and services are provided exclusively by Treatment Providers. Benefit Defender supports Treatment Providers by providing them with a license to our Benefit Defender intellectual property rights, including our patent pending inventions, trade secrets, copyrights, trademarks, service marks, trade dress and proprietary and confidential information, access to Benefit Defender’s technology platform, and administrative services. However, under the Services, exclusive control and responsibility for the practice of medicine and delivery of mental health services is reserved to Treatment Providers.
All Treatment Providers available through the Services represent that they have degrees, licenses and/or certifications, as applicable, in the areas of psychology, psychiatry, marriage and family therapy, clinical social work, or counseling. Benefit Defender attempts to confirm the credentials of all Treatment Providers and to validate that they are in good standing with their respective licensure board(s). However, Benefit Defender is not responsible for credentialing Treatment Providers, makes no representation regarding the accuracy of Treatment Providers’ credentials, and expressly disclaims any liability for fraudulent credentials or claims by Treatment Providers. In addition, changes in your Treatment Provider’s professional status could occur between the time we perform an initial credential check and the time you select your Treatment Provider. We recommend that you separately confirm that your Treatment Provider is in good standing with his or her respective licensing board(s).
Use of the Services by Children.
User Supplied Material.
If you supply any comments, information, or material via the Site, you represent and warrant to us that you have the legal right to supply such material and that it will not violate any law or the rights of any person or entity. Except for any individually identifiable health information you submit to us, all information or material you supply to us through the Site shall be deemed and shall remain our property, and you hereby assign to Benefit Defender all right, title, and interest in and to any such information or material, without any restriction or obligation to you.
Third-Party Websites; Advertisements.
We may make available, on our Site and as part of our Services, links to third-party websites or resources from third parties on the Site.
Benefit Defender is not responsible or liable for the availability or accuracy of, and Benefit Defender does not endorse, sponsor, or recommend such websites or resources, or the content, products, or services on or available from such websites or resources. When we make available such third-party links or resources on the Site or through the Services, you must look solely to the third party with respect to the content, products, or services they provide. We do not endorse and are not responsible for any of the content, products, or services provided by others. YOUR USE OF THE WEBSITES OR RESOURCES OF THIRD PARTIES IS AT YOUR OWN RISK. BENEFIT DEFENDER AND ITS AFFILIATES WILL NOT BE LIABLE FOR ANY OF YOUR LOSSES ARISING OUT OF OR RELATING TO THE WEBSITES OR RESOURCES OF THIRD PARTIES.
Limitation of Liability.
IN NO EVENT WILL BENEFIT DEFENDER OR BENEFIT DEFENDER’S LICENSORS OR AFFILIATES BE LIABLE TO YOU FOR ANY DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR LOST PROFITS, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SERVICES, THE SITE, OR THE CONTENT, WHETHER THE DAMAGES ARE FORESEEABLE AND WHETHER OR NOT BENEFIT DEFENDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES IN ADVANCE. IF YOU ARE DISSATISFIED WITH THE SERVICES, THE SITE OR THE CONTENT, OR THE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.
NOTHING HEREIN SHALL LIMIT THE POTENTIAL PROFESSIONAL LIABILITY OF OUR TREATMENT PROVIDERS OR OTHER LICENSED HEALTHCARE PROFESSIONALS ARISING FROM OR RELATED TO MEDICAL OR MENTAL HEALTH ADVICE, DIAGNOSIS, OR TREATMENT THEY PROVIDE TO YOU, EXCEPT AS PROVIDED UNDER APPLICABLE STATE LAWS. IN MANY JURISDICTIONS, TREATMENT PROVIDERS ARE REQUIRED TO REPORT CONFIDENTIAL INFORMATION IF THEY HAVE REASON TO BELIEVE THAT A PATIENT IS LIKELY TO HARM OTHERS OR HIMSELF/HERSELF. IN NO EVENT SHALL BENEFIT DEFENDER BE LIABLE FOR THE DISCLOSURE OF YOUR CONFIDENTIAL INFORMATION BY A TREATMENT PROVIDER FROM WHOM YOU RECEIVE MENTAL HEALTH SERVICES. BENEFIT DEFENDER IS NOT LIABLE TO ANY PERSON OR USER FOR ANY HARM CAUSED BY THE NEGLIGENCE OR MISCONDUCT OF A TREATMENT PROVIDER PROVIDING MENTAL HEALTH SERVICES. IN NO EVENT WILL THE CUMULATIVE LIABILITY OF BENEFIT DEFENDER OR BENEFIT DEFENDER’S LICENSORS OR AFFILIATES TO YOU, WHETHER IN CONTRACT, TORT, OR OTHERWISE, EXCEED $1,000.
EXCEPT AS OTHERWISE REQUIRED BY APPLICABLE LAW, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATING TO YOUR USE OF THE SERVICES, THE SITE OR THE CONTENT OR OUR RELATIONSHIP WITH YOU, REGARDLESS OF THEORY, MUST BE BROUGHT WITHIN ONE (1) YEAR AFTER THE OCCURRENCE OF THE EVENT GIVING RISE TO THE CLAIM OR CAUSE OF ACTION OR BE FOREVER BARRED.
SOME JURISDICTIONS DO NOT PERMIT US TO LIMIT OUR LIABILITY IN THESE WAYS, SO IT IS POSSIBLE THAT THESE LIMITATIONS WILL NOT APPLY TO OUR AGREEMENT WITH YOU. IN SUCH EVENT THE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW.