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Terms of Use & Privacy


Welcome to the Benevia Website. Your access and use of the Website is governed by these Terms of Use & Privacy Policy (the "Terms"), as modified by Benevia from time to time effective on posting to the Website.

The Website and its content are provided for informational purposes only and are not intended to substitute for professional medical, legal, financial or other advice or treatment. Please consult a qualified professional for any issues, questions or concerns you may have.

Benevia Membership
Benevia offers services to you, the "User”, conditioned on your agreement to adhere to the following Terms of Use without modification of any kind. Your registration with Benevia and/or use of Benevia’s services constitutes your agreement to these Terms of Use. These Terms of Use are subject to change at any time, without prior notice. You are responsible for reviewing these Terms of Use on a regular basis.

Benevia Provider Network
Benevia works with individuals and families to identify senior transition needs and connect with third party vendors and service providers in the Benevia Provider Network ("Vendors"). All Vendors are independent entities and may pay a fee to participate in the Network or for referrals from Benevia. Benevia’s payment is due based on an agreement between Benevia and the service providers involved. Your membership in Benevia and use of Benevia’s services constitutes your acknowledgment of, and agreement to this compensation arrangement.  While Benevia refers individuals and families to vendors within and outside of our Provider Network, we do not independently assess such Vendors with respect to your needs. You should carefully consider whether a particular Vendor fits your family's needs. Each Vendor shall be solely responsible for any warranty or liability of any kind with respect to its products and services, and you irrevocably waive any claim against Benevia, its affiliates, successors and assigns with respect to any such product or service and any representation, warranty, guarantee or other assurance or act or failure to act by any Vendor.

Payment Methods
User’s complete billing address and telephone number must be provided to process payments. Benevia accepts major credit cards including Visa and MasterCard for membership payments, and checks from vendors. Benevia may charge a twenty-five dollar ($25.00) handling fee, or the maximum allowable by law, whichever is less, for each credit card transaction that is denied or check returned for insufficient funds or any other reason.

Modification Of Benevia Services
Benevia reserves the right at any time to modify or discontinue any service or a portion or attribute thereof, or the offering of any information, good, content, product or service with or without notice to any User. Your continued use of the website or any service after the posting of any amended Terms of Use shall constitute your agreement to be bound by any such changes. Benevia shall not be liable to any User or any third party should Benevia exercise its right to modify or discontinue service.

Termination
Benevia reserves the right to cancel the membership of any User in any Benevia Service without liability at any time without notice for any reason, including a User's breach of these Terms of Use, or the terms and conditions of any service for which the User may have registered. With a 30 day advance notice, a User may cancel membership for any reason by delivering a written notice by email to info@benevia.com or by U.S. mail addressed to Customer Support, Benevia, 910 N. 137th Street, Seattle, WA 98033 or by fax to 206-508-3828. User shall be responsible for ensuring delivery of the cancellation notice to Benevia.

Privacy Policy
These Terms apply to all information Benevia learns about or collects from website visitors. The current Terms apply to all information collected at any time.

What Personal Information Does Benevia Collect?
Benevia receives and stores any information you choose to post on the Website, for example when you request information or provide in any other manner, including personal information such as your name or email address. Benevia also automatically receives and stores certain types of information whenever you visit the Website, such as the name of the domain and host from which you access the Internet, the IP address of the computer you are using and the browser and operating system you are using. If you want to view, delete or modify your personal information, you may do so by contacting Benevia as provided at the end of these Terms. Personal information collected and transferred to back-up storage may be retained indefinitely. Benevia may also retain information as necessary for business records and as required under applicable law.

How Does Benevia Use Information?
Benevia uses the information you provide and we collect to administer, maintain and improve the Website and its operation; verify your identity and respond to your requests for information; comply with applicable laws, statutes and regulations; enforce the Terms and Benevia's rights and the rights of others; and as specifically provided in the Terms and as you may otherwise agree.

To Whom Does Benevia Disclose Information?
Benevia does not share your personally identifiable information with third parties, except (a) with third parties that perform functions on Benevia's behalf, such as maintaining the website; (b) as Benevia believes necessary to comply with laws, statutes or regulations or to enforce the Terms and to protect our rights and the rights of other persons; (c) as required by a court or government agency or to respond to a claim by you or a third party; and (d) as you have otherwise agreed or requested.

Security
Benevia has reasonable security measures in place to protect information under Benevia's control, but cannot ensure and does not warrant the security of any information or data. Communication via the Internet is not failsafe, and there is always a possibility that data may be lost, or intercepted by unauthorized parties, during transmission or after receipt. You agree that Benevia shall have no liability in connection with any lost or intercepted data or information.

Proprietary Notice
The Website and its content are the property of Benevia and protected by copyright and other laws. You may download and print a single copy of the Website content solely for your personal, noncommercial use and provided that you do not delete or modify any copyright or other proprietary notice. Any other copying, use, distribution, transmission or modification of the content requires Benevia's prior written consent. BENEVIA, BENEVIA PROVIDER NETWORK, MoveWise, and other names and logos of Benevia are Benevia's trademarks. Other product and company names on the Website may be subject to trademark or other rights of third parties.

Links
The Website may include links to sites owned or operated by third parties. Such links are provided as a convenience to visitors and are not an endorsement of any such Website or any product or service. Benevia has no control over and makes no representations whatsoever regarding such other websites or the products and services offered by or through websites accessed through links on the Website, even those with which Benevia may have an affiliation, such as members of the Benevia Provider NetworkT. If you decide to access third party sites linked through the Website you do so at your own risk and you should carefully review the privacy policy and terms of any such website.

Disclaimer and Limitation of Liability
BENEVIA AND ITS AFFILIATES SHALL HAVE NO LIABILITY TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, PUNITIVE OR SPECIAL DAMAGES ARISING OUT OF ACCESS OR USE OR INABILITY TO ACCESS OR USE THE WEBSITE OR ITS CONTENT OR OTHERWISE RELATING TO THE WEBSITE OR CONTENT, EVEN IF BENEVIA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITING THE FOREGOING, THE WEBSITE AND ALL CONTENT CONTAINED IN OR ACCESSED THROUGH THE WEBSITE ARE PROVIDED "AS IS" AND "AS AVAILABLE." BENEVIA DISCLAIMS ANY WARRANTY, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR THAT THE CONTENT IS ACCURATE, COMPLETE, OR ERRORFREE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, BENEVIA'S LIABILITY IS LIMITED AND WARRANTIES ARE EXCLUDED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW, AND BENEVIA'S TOTAL LIABILITY SHALL NOT EXCEED $50.00.

Indemnification
You are personally responsible for your access and use of the Website. You agree to indemnify, defend and hold harmless Benevia and its officers, members, directors, shareholders, employees, contractors and agents from and against all claims, losses, expenses, damages and costs (including, but not limited to, direct, incidental, consequential, exemplary and indirect damages) and reasonable attorneys fees, resulting from or arising out of your use, misuse, or inability to use the Website or its content or any violation by you of these Terms.

General
These Terms contain our entire understanding with respect to the subject matter hereof. The Terms shall be construed under the laws of the State of Washington without regard for its conflict of laws principles. You irrevocably consent to the exclusive jurisdiction of, and venue in, the courts located in King County, Washington for all disputes arising out of or relating to these Terms and/or the Website. If any provision of the Terms is found to be invalid or unenforceable, the remainder of the Terms shall remain in effect and all provisions shall be enforced to the fullest extent permitted by law.

Questions about these Terms, the Website or the use of your personal information? Please contact Benevia, Inc. at: info@benevia.com or call (206) 257-4314 and request Customer Support.