Last Updated: December 19, 2022
Please read this Terms of Use Agreement (this “Agreement”) carefully and completely before using this online and mobile websites, applications, services, or platforms, (this “Site”) or any services or goods provided through or in connection with this Site or by NationsBenefits, LLC. or one of its subsidiaries or affiliates including without limitation NationsOTC, LLC. and NationsMarket, LLC. (collectively, the “Company”). Your access to, browsing of, and use of the Site are subject to the following terms and conditions as well as applicable laws. By accessing, browsing, or using the Site, you accept and acknowledge your agreement with and assent to, without limitation or qualification, the terms and conditions of this Agreement. If you do not agree to the terms and conditions of this Agreement, you should immediately cease all usage of this Site. The information and resources contained on and accessible through this Site are made available by the Company and its suppliers and vendors, and other third parties, in each case subject to your agreement to the terms and conditions of this Agreement.
THIS AGREEMENT CONTAINS A MANDATORY ARBITRATION OF DISPUTES PROVISION THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS.
By using this Site, you affirm that you are of legal age to enter into this Agreement. We may update this Agreement by notifying you of such updates by any reasonable means, including by posting the updated Agreement to this Site. Any changes in updating this Agreement will not apply to any dispute between you and us arising prior to the date on which we posted the updated Agreement, or otherwise notified you of such updated Agreement. The "Last Updated" legend above indicates when this Agreement was last changed. You should periodically review this page to determine if this Agreement has been updated. Your continued use of this Site following any updates to this Agreement shall constitute notice and acceptance of any such updates.
The information provided on the Site is for informational purposes or general guidance only, and does not constitute medical, legal, financial, accounting, tax, or other professional advice. We do not warrant or guarantee the accuracy, completeness, adequacy, or currency of the provided information, nor do we endorse any views or opinions that may be included therein. The provided information does not constitute the rendering by us of any type of opinion, certification, or guarantee. The provided information is not a substitute for medical or other professional advice, and it is important that no medical or other professional decisions should be made without first consulting a personal physician or other applicable professional. The Site and any health-related information and resources contained herein are not intended and must not be taken as the rendering of medical, nursing, or professional health care advice or services, or the practice of medicine, nursing, or professional health care in any jurisdiction. You should discuss the information provided with a physician, pharmacist, nurse, or other licensed healthcare professional. You should also check product information (including package inserts) regarding dosage, precautions, warnings, interactions, and contraindications before administering or using any device, drug, herb, vitamin, or supplement discussed on the Site. The receipt of any questions or feedback you submit to us does not create a professional relationship and does not create any privacy interests other than those described in our Privacy Policy.
You understand and agree that neither the Company nor its suppliers or vendors are responsible for any claim, loss, or damage directly or indirectly resulting from your use of this Site or the information resources contained on or accessible through the Site.
We specifically disclaim any guarantee or warranty, express or implied, with respect to any products or services sold, including any warranty of merchantability or fitness for a particular purpose. No information conveyed to the Company either orally or in writing shall create such a warranty.
Please note that references to or descriptions or images of products or services (or related coupons or discounts) on this Site should not be interpreted as endorsements of such products or services and such products or services may be made available by the Company or by third parties. Resale of products or services purchased from or in connection with this Site is specifically prohibited.
Your properly completed order form constitutes your offer to purchase the goods or services referenced in your order. Your order shall be deemed to be accepted only if and when the Site issues a confirmation number to your order.
Price (including the validity of any discount), quantity, availability of any product or service, and shipping methods and shipping rates, and any other information, descriptions, or images on the Site regarding any products or services, are subject to change without notice. Certain weights, measures, and similar descriptions are approximate and are for convenience only. We seek to undertake reasonable efforts to accurately display the attributes of products and services, including the applicable colors, however the actual colors that you see will depend on your device, and we cannot guarantee that your device will accurately display such colors.
It is your responsibility to ascertain and obey all applicable local, state, and federal laws (including minimum age requirements) regarding the possession, use, and sale of any products or services on the Site. By submitting any information through this Site in connection with purchasing any products or services, you grant us the right to provide such information to third parties for purposes of facilitating such purchase. Verification of information may be required prior to the acknowledgment or completion of any transaction. You represent and warrant that you have the right to use any credit card or other method of payment that you submit in connection with a transaction. Further terms and conditions related to transactions in connection with the Service may apply.
You agree to pay all charges incurred by you or on your behalf through the Service, at the prices in effect when such charges are incurred.
If any payment due is not made by you, the Company may, in addition to its other remedies, at its sole discretion and without notice to you, (a) suspend its performance under this Agreement and your access to and use of the Site, or (b) terminate this Agreement and your access to and the use of the Site. If legal action is necessary to collect fees or charges due from you, then you will reimburse the Company for all expenses incurred in collecting the fees and charges, including all attorney fees and other legal expenses.
Although the Company reserves the right to correct any errors, omissions, or inaccuracies, we do not accept any responsibility for the accuracy, reliability, currency, or completeness of any information, content, materials, services, products, merchandise, functionality, or other resources (collectively, "Resources") available on or accessible through the Site (even typographical or imaging errors), including the substance, accuracy, or sufficiency of any service or product information listed on the Site. Further, we do not represent that the Site will operate without interruption or error, nor do we provide any assurances of the availability or usability of the online shopping services.
The Company does not accept any liability for the consequences arising from the application, use, or misuse of any Resources contained on or made available through the Site, including any injury and/or damage to any person or property as a matter of product liability, negligence, or otherwise.
The Company further disclaims any responsibility for the accuracy, reliability, currency, availability, or completeness of any Resources found on any third-party sites that link to or from the Site. The Company also does not accept any responsibility for technical failures or for unauthorized access of user transmissions or Materials by third parties. Your access and use of the Site and any other Internet sites, including any Resources contained on, or otherwise made available by, them, is solely at your own risk.
The Company and its suppliers and vendors will attempt to keep the information, services, and resources accessible through the Site timely and accurate, but make no guarantees, and disclaim any implied warranty or representation about the Site’s accuracy, relevance, timeliness, completeness, reliability, security or appropriateness for a particular purpose.
THE COMPANY AND ITS SUPPLIERS AND VENDORS DISCLAIM ALL EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES REGARDING THE INFORMATION, CONTENT, SERVICES, PRODUCTS, MERCHANDISE, MATERIALS, FUNCTIONALITY, AND ANY OTHER RESOURCES AVAILABLE ON OR ACCESSIBLE THROUGH THE SITE, INCLUDING (WITHOUT LIMITATION) ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. ALL SUCH INFORMATION, CONTENT, SERVICES, PRODUCTS, MERCHANDISE, MATERIALS, FUNCTIONALITY, AND OTHER RESOURCES ARE MADE AVAILABLE "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND.
Without limiting the generality of the foregoing, the Company makes no representation or warranty that the quality of any goods, services, information or other materials purchased or obtained through the Site will meet your expectations, or that any card ID number or other security measures for access to the Site that you may use or allow others to use in connection with the Site will prevent unauthorized access to your information on the Site, or that any such information will not be accessed or misused by any other party.
Neither the Company nor its subsidiaries, suppliers, or vendors guarantee the sequence, accuracy, or completeness of any information or content on this or any other Internet sites and shall not be liable in any way to you or anyone else who may use the information or content or to whom the information or content may be furnished, for any delays, inaccuracies, unavailability, errors, or omissions therefrom or in the transmission or delivery of all or any part thereof or for any damage arising therefrom or occasioned thereby.
THE OPERATION OF THE SITE MAY BE AFFECTED BY NUMEROUS FACTORS BEYOND THE COMPANY’S OR ITS SUPPLIERS' OR VENDORS' CONTROL. THE OPERATION OF THE SITE, WHETHER BY THE COMPANY, ITS SUPPLIERS, OR ITS VENDORS, MAY NOT BE SECURE. SECURITY AND PRIVACY RISKS CANNOT BE ELIMINATED. SECURITY MEASURES MAY NOT PREVENT UNAUTHORIZED ACCESS TO INFORMATION OR MATERIALS YOU MAY USE OR ALLOW OTHER PERSONS TO USE IN CONNECTION WITH THE SITE, INCLUDING INFORMATION POSTED OR SUBMITTED TO THE SITE.
WITH RESPECT TO PRODUCTS, GOODS, OR SERVICES PURCHASED THROUGH THE SITE, IN NO EVENT SHALL ANY COMPANY PARTY BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER, RESULTING FROM ANY LOSS OF USE, LOSS OF PROFITS, LITIGATION, OR ANY OTHER PECUNIARY LOSS, WHETHER BASED ON BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE PROVISION OF OR FAILURE TO MAKE AVAILABLE ANY SUCH PRODUCTS, GOODS, OR SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
ANY LIABILITY ON THE PART OF THE COMPANY PARTIES, IN THE AGGREGATE, SHALL NOT EXCEED THE FEES PAID BY THE USER FOR THE PARTICULAR INFORMATION, PRODUCT, OR SERVICE PROVIDED.
You acknowledge and agree that the limitations set forth above are fundamental elements of this Agreement and the Site would not be provided to you absent such limitations.
You hereby agree to indemnify, defend and hold the Company Parties harmless from any liability, loss, claim, and expense (including reasonable attorneys' fees) related to or arising out of your use of the content on the Site, or any Materials or Information that you submit, post, or transmit through the Site, your use of the Site, your connection to the Site, your violation of this Agreement, or your violation of any rights of another.
You assume all knowledge of applicable law and are responsible for compliance with any such laws. You may not use the Site in any way that violates applicable state, federal, or international laws, regulations, or other government requirements. You further agree not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or international law or regulation.
You agree to use the Site only for lawful purposes. Any conduct by you that, in our sole discretion, restricts, inhibits, or interferes with the ability of any other user to enjoy the Site will not be tolerated. You agree that you will not (and will not attempt to): (a) interrupt the operation of the Site in any way; (b) access or use the Site or any component thereof in any manner or for any purpose not expressly authorized by this Agreement; (c) distribute, sublicense, lease, rent, loan, or otherwise use or make any component of the Site available for use by third parties, including as part of a service bureau, outsourcing, or external consulting arrangement; (d) allow any other person or entity to use your credentials to access, view, or use any component of the Site or for posting, copying, extracting, downloading, viewing, transmitting, or receiving data of any kind; (e) access any component available through the Site via remote access through interfaces or automated means not approved in writing by us; (f) collect, compile, or otherwise attempt to "screen scrape," "data mine" or "harvest" any component of the Site, including through the creation of any duplicate or derivative data store; (g) deactivate, bypass, or circumvent any access controls or security measures for the Site; (h) post, transmit or otherwise make available through or in connection with the Site any virus or other computer code, file or program that is potentially harmful or invasive or intended to damage or hijack the operation of, or to monitor the use of, any hardware, software or equipment. (i) gain unauthorized access to the Site or another site user's network, systems, or data; (j) engage in any activity or use any device, software, or routine, or introduce any virus, Trojan horse, spyware, adware, or other malicious code, that interferes with a user's access to the Site or the proper operation of this Site; (k) engage in any activity that disrupts or impairs the performance of the Site; (l) access or use the Site in violation of any applicable laws or regulations, the intellectual property or other rights of any third party, or any contractual or legal duty or obligation including in a manner prohibited by this Agreement; (m) reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code or underlying programming, models, databases, or database structures for the Site; or (n) remove or obscure any copyright, trademark, confidentiality, or other Site notices, terms, or disclosures
You are strictly prohibited from communicating on or through the Site any unlawful, harmful, offensive, threatening, abusive, libelous, harassing, defamatory, vulgar, obscene, profane, hateful, fraudulent, sexually explicit, racially, ethnically, or otherwise objectionable material of any sort, including, but not limited to, any material that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or international law.
We reserve the right to terminate or suspend your access to and use of the Site, or parts of the Site, without notice, if we believe, in our sole discretion, that it is in violation of any applicable law or it is harmful to our interests or the interests, including intellectual property or other rights, of another user or other third party partners, affiliates, sponsors, providers, licensors, or merchants.
You agree to provide true, accurate, current, and complete information in connection with the Site. It is your responsibility to maintain and promptly update account information to keep it true, accurate, current, and complete. If you provide any information that is fraudulent, untrue, inaccurate, incomplete, or not current, or we have reasonable grounds to suspect that such information is fraudulent, untrue, inaccurate, incomplete, or not current, we reserve the right to suspend or terminate your account and/or your access to use the Site without notice and refuse any and all current and future use of the Site.
Because any termination of your access to the Site may be effected without prior notice, you acknowledge and agree that we may immediately deactivate or delete your account and all related information and files in your account and bar any further access to such files or the Site. Furthermore, you agree that we shall not be liable to you or any third party for any termination of your access to your account or the Site.
You may be asked to supply a Member Benefit Card Number, and/or user ID and password, and/or other information to register to use all or part of the Site. We may refuse to grant you a user ID that impersonates someone else, is or may be illegal, is or may be protected by trademark or other proprietary rights law, is vulgar or otherwise offensive, or may cause confusion, as determined by us in our sole discretion. In addition, we may refuse to grant you access to the Site if we have reasonable grounds to suspect that you are impersonating someone else or fraudulently, untrue, and/or illegally supplying a Member Benefit Card Number.
For security reasons, user IDs and passwords must be non-obvious, hard-to-guess, confidential, and changed on a regular basis, and you must log out at the end of each session. You are responsible for maintaining the confidentiality of your Member Benefit Card Number, user ID, and password and are fully responsible for all activities (including purchases, as applicable) that occur in connection with your Member Benefit Card Number, user ID, and/or password such that, for all purposes under this Agreement, any activities in connection with your Member Benefit Card Number, user ID and/or password will be deemed to be your activities. You agree to immediately notify us of any unauthorized use of either your Member Benefit Card Number, user ID, or password or any other breach of security. You further agree that you will not permit others, including those whose accounts have been terminated, to access the Site using your Member Benefit Card Number, user ID, or password. All user IDs and passwords remain the property of the Company and may be canceled or suspended at any time by the Company without any prior notice or any liability to you or any other person.
Your submission of information through the Site is governed by our Privacy Policy, which, among other things, explains how we seek to protect the privacy of the personal information that you provided to us through the Site. You are responsible for obtaining, maintaining and paying for all hardware, software, and all telecommunications, and other services needed for you to use the Site.
The Company and its suppliers and vendors may change or modify the information, services, products, materials, and any other resources contained on or accessible through the Site, or discontinue the Site altogether, at any time without notice. You acknowledge and accept that the Company does not guarantee continuous, uninterrupted, or secure access to the Site, and operation of the Site may be interfered with or adversely affected by numerous factors or circumstances outside of the Company’s control.
Subject to your compliance with this Agreement, the Company grants to you, solely for so long as you are permitted by us to use the Site, a limited, revocable, non-exclusive, non-transferable license to access, use and display the Site (including any content or other materials generally made available through the Site to users of the Site) solely for your personal, non-commercial use. No title, rights, or interests in any downloaded materials from the Site are afforded you as a result of such downloading for personal, non-commercial use.
As between you and the Company, Company (and its subsidiaries, affiliates, suppliers, and/or vendors) owns the Site and all the content on the Site, including text, graphics, legends, customized graphics, original photographs, data, images, audio and video clips, typefaces, titles, button icons, logos, designs, words or phrases, page headers, and software as well as the design, coordination, arrangement, enhancement, and presentation of this material. The Site and all the content on the Site are subject to trademark, service mark, copyright, and/or other intellectual property rights held by the Company and its subsidiaries, affiliates, suppliers, and vendors. Any trademark or copyright notices may not be deleted or altered in any way. The Company’s trademarks and copyrights may not be used in connection with any products or services that are not offered by or on behalf of the Company. You acknowledge that these rights are valid and protected in all forms, media, and technologies existing now or hereinafter developed.
Copying, publishing, broadcasting, re-broadcasting, webcasting, transmitting, modifying, deleting, augmenting, distributing, downloading, storing, reproducing, sublicensing, adapting, creating derivative works of any content available through the Site, or posting this content or selected portions of this content in any manner on any network computer, broadcast media, or other technologies existing now or hereinafter developed for unauthorized publication or commercial use without the prior written consent of the Site is strictly prohibited. You hereby agree not to reproduce, duplicate, copy, sell, resell, decompile, disassemble, or exploit for any commercial purposes any portion of the Site, use of the Site, or access to the Site, or to collect any information about Site visitors or users of the Site, or otherwise systematically download and store Site content. You agree that you will not send, upload, post, reproduce, transmit or distribute any communication, content, material, or information of any type through the Site or otherwise to the Company that infringes or violates any rights of any party or violates this Agreement.
If you submit or otherwise provide to the Company any communications, content, or material including, without limitation, any personal or commercial information, idea, concept, or invention, you hereby irrevocably grant to the Company an unrestricted, worldwide, perpetual, sublicensable (through multiple tiers), royalty-free license to use, reproduce, display publicly, perform, publish, transmit, distribute and otherwise exploit such content or material in any medium and for any purpose, and you further agree that the Company is free to use any ideas, concepts or know-how that you or individuals acting on your behalf provide to the Company in accordance with the foregoing license grant. You further irrevocably waive any "moral rights" or other rights with respect to attribution of authorship or integrity of materials regarding materials, ideas, concepts, or know-how provided to the Company that you may have under any applicable law under any legal theory.
By providing your residential or wireless and/or fax number(s) to the Company, you expressly consent to receive calls, text messages and fazes from or on behalf of the Company at the number(s) provided. Your consent to receive calls or tests is not a condition of any purchase. Consent may be revoked at any time by contacting the Company. Your wireless carrier’s standard message and data rates may apply.
This Agreement is effective until terminated by either party. If you no longer agree to be bound by this Agreement, you must cease your use of the Site. Your use of the Site is at your sole risk. If you are dissatisfied with the Site, its content, or any of the terms, conditions, and policies of this Agreement, your sole, and exclusive legal remedy is to discontinue using the Site. If you breach any provision of this Agreement, then you may no longer use the Site. The Company or its subsidiaries, affiliates, suppliers, or vendors may at any time and for any reason, with or without cause, and in their sole discretion, immediately: (i) suspend or terminate (in whole or in part) your authorization to use the Site and any account you may have; (ii) suspend or terminate and permanently delete and destroy any user ID, password, URL, IP address or domain name; (iii) remove from the Site and permanently delete and destroy any information (or any components thereof) that you or others may have posted or submitted to the Site (and for purposes of this Agreement, "posted" and "submitted" includes transmission on or through the Internet and in hardcopy format through facsimile or post) for any reason or no reason; (iv) restrict access to the information posted or submitted to the Site and to any account you may have; and (v) prohibit you from any future use of the Site; all without any prior notice or liability to you or any other person.
If this Agreement is terminated for any reason, then: (a) this Agreement will continue to apply and be binding upon you in respect of your prior use of the Site (and any unauthorized further use of the Site), including payment of any charges accrued in connection with use of the Site and your indemnification obligations; (b) the Company may immediately remove from the Site and permanently delete and destroy any information that you or others may have posted or submitted to the Site without any prior notice or liability to you or any other person; (c) any fees and charges previously paid by you or on your behalf for unused services will not be refunded; and (d) any rights or licenses granted to us under this Agreement will survive such termination.
The arbitration will be administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules, as amended by this Agreement. Notwithstanding any of the foregoing, nothing in this Agreement will preclude you from bringing issues to the attention of federal, state, or local agencies and, if the law allows, they can seek relief against us for you.
With the exception of any of the language above in this Dispute Resolution provision relating to the waiver of class and representative actions, if a court decides that any part of this Dispute Resolution provision is invalid or unenforceable, the other parts of this Dispute Resolution provision shall still apply. If a court decides that any aspect of the language above in this Dispute Resolution provision relating to the waiver of class and representative actions is invalid or unenforceable, then the entirety of this Dispute Resolution provision shall be null and void. The remainder of the Agreement will continue to apply and be unaffected by this severability provision.
The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials available on the Site infringe your rights under U.S. copyright law, you (or your agent) may send to the Company a written notice by mail or e-mail, requesting that the Company remove such material or block access to it. If you believe in good faith that someone has wrongly filed a notice of copyright infringement against you, the DMCA permits you to send to the Company a counter-notice. Notices and counter-notices must be sent in writing and meet the then-current statutory requirements imposed by the DMCA. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA and be sent to the Company’s agent as follows:
By Mail: 1700 N University Dr. Plantation FL 33322 , Attn: Compliance Department
By Email: compliance@nationsbenefits.com
This Agreement, your use of the Site, all transactions through the Site, and all related matters, regardless of your location, are governed solely by, and construed solely in accordance with, the laws of the State of Florida, without giving effect to any choice of law rules. Accordingly, if you choose to access this Site you agree to do so subject to the laws of the State of Florida.
If any provision of this Agreement shall be unlawful, void, or unenforceable for any reason, the other provisions (and any partially enforceable provision) shall not be affected thereby and shall remain valid and enforceable to the maximum possible extent. You agree that this Agreement and any other agreements referenced herein may be assigned by the Company, in our sole discretion, to a third party in the event of a merger or acquisition. This Agreement shall apply in addition to, and shall not be superseded by, any other written agreement between us in relation to your participation as a user of the Site. You agree that by accepting this Agreement, you are consenting to the use and disclosure of your personally identifiable information and other practices described in our Privacy Policy Statement.
We reserve the right to modify this Agreement at any time, so please review it frequently. If we decide to change this Agreement, indicated by the last updated date, we will post those changes to this page on the Site, and other places we deem appropriate. We will only provide an advance notice if required by law, or of a major change prior to your access to any portion of the Site for which registration is required or as required by law.
We recommend that you check the last updated date prior to using the Site. Your continued use of the Site and/or utilization of any Site benefits after this Agreement has been updated (and after advance notice for major changes) indicates your agreement and acceptance of the updated version of the Agreement.