Terms of Service

By using our service, you agree to:

• Provide accurate and complete information when using the calculator
• Use the service only for lawful purposes and in accordance with these Terms
• Not use the service in any way that could damage, disable, or impair the service
• Not attempt to gain unauthorized access to any part of the service
• Not use the service for any commercial purpose without our prior written consent

The ScoreMyBenefits service, including its content, features, and functionality, is owned by ScoreMyBenefits and is protected by copyright, trademark, and other intellectual property laws.

You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our service, except as follows:

• Your computer may temporarily store copies of materials for your personal use only
• You may print or download one copy of a reasonable number of pages for your personal use
• You may share the results generated for your company with others within your organization for business purposes

THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.

ScoreMyBenefits does not warrant that the service will be uninterrupted or error-free, that defects will be corrected, or that the service is free of viruses or other harmful components.

The analysis, recommendations, and projections provided by the calculator are based on the information you provide and industry benchmarks. They are for informational purposes only and should not be considered as financial, legal, or professional advice.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, SCOREMYBENEFITS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM:

• Your access to or use of or inability to access or use the service
• Any conduct or content of any third party on the service
• Any decisions made or actions taken by you or any third party based upon the information, content, or recommendations provided by the service
• Unauthorized access, use, or alteration of your transmissions or content

The ScoreMyBenefits calculator uses industry benchmarks and data from various sources to provide analysis and recommendations. While we strive to use accurate and up-to-date information, we cannot guarantee the accuracy, completeness, or reliability of this data.

The effectiveness of the analysis depends on the accuracy and completeness of the information you provide. ScoreMyBenefits is not responsible for any inaccuracies in the results due to incomplete or incorrect input data.

12.1 Proprietary Technology and Methodology

The ScoreMyBenefits calculator, including its scoring algorithm, methodology, benchmarking system, and recommendation engine (collectively, the "Proprietary Technology"), is protected by copyright, trade secret, and other intellectual property laws. The Proprietary Technology is the exclusive property of ScoreMyBenefits and contains confidential and proprietary information developed at significant cost and effort.

12.2 Restrictions on Use

You agree not to, and will not permit or authorize any third party to:

• Reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code, object code, or underlying structure, ideas, or algorithms of the Proprietary Technology;
• Modify, translate, or create derivative works based on the Proprietary Technology;
• Copy, rent, lease, distribute, pledge, assign, or otherwise transfer or encumber rights to the Proprietary Technology;
• Use the Proprietary Technology for timesharing or service bureau purposes or for any purpose other than your own internal business use;
• Remove or obscure any proprietary notices or labels from the Proprietary Technology;
• Use the Proprietary Technology to build a competitive product or service, or for competitive analysis;
• Publish or disclose to any third party any performance or benchmark tests or analyses relating to the Proprietary Technology; or
• Attempt to circumvent any user limits or other license, timing, or use restrictions that are built into the Proprietary Technology.

12.3 Ownership of Results

While you own the data you input into the ScoreMyBenefits calculator, the format, presentation, and structure of any reports, recommendations, or analyses generated by the Proprietary Technology remain the property of ScoreMyBenefits. You are granted a limited license to use these outputs for your internal business purposes only.

13.1 Competitive Use

You may not access or use the ScoreMyBenefits service if you are a direct competitor, except with our prior written consent. In addition, you may not access or use the service for purposes of monitoring its availability, performance, or functionality, or for any other benchmarking or competitive purposes.

13.2 Systematic Retrieval

You may not use any automated means, including, without limitation, agents, robots, scripts, or spiders, to access, monitor, data-mine, or copy any part of the ScoreMyBenefits service, except those automated means expressly authorized by ScoreMyBenefits.

13.3 White-Label and Partner Restrictions

If you are using the ScoreMyBenefits service under a white-label or partner agreement, you are expressly prohibited from:

• Creating a competing product based on the ScoreMyBenefits methodology during the term of your agreement and for a period of two (2) years thereafter;
• Using data collected through the service to develop similar algorithms or methodologies;
• Sharing access credentials or providing unauthorized access to the service's administrative functions; and
• Representing the service as your own proprietary technology.

14.1 Confidential Information

"Confidential Information" includes the Proprietary Technology, non-public business information, scoring methodologies, algorithms, benchmarking data, and any other information that ScoreMyBenefits designates as confidential or should reasonably be understood to be confidential given the nature of the information and the circumstances of disclosure.

14.2 Protection of Confidential Information

You agree to:

• Maintain the confidentiality of all Confidential Information;
• Not disclose Confidential Information to any third party except as expressly permitted in these Terms;
• Use the same degree of care to protect Confidential Information as you use to protect your own confidential information of similar nature, but in no case less than reasonable care; and
• Use Confidential Information only for the purpose of using the ScoreMyBenefits service as permitted under these Terms.

14.3 Breach of Confidentiality

You acknowledge that any breach of your confidentiality obligations will cause irreparable harm to ScoreMyBenefits for which monetary damages would not be an adequate remedy. Accordingly, in the event of such breach, ScoreMyBenefits shall be entitled to equitable relief, including injunctive relief, in addition to any other remedies it may have at law or in equity.

15.1 Liquidated Damages

You acknowledge that unauthorized use or disclosure of the Proprietary Technology would cause irreparable harm to ScoreMyBenefits. In the event of unauthorized use or disclosure, in addition to any other remedies available at law or in equity, you agree to pay liquidated damages of $50,000 per violation, which you agree represents a reasonable estimate of the damages ScoreMyBenefits would suffer.

15.2 Enhanced Indemnification

You agree to defend, indemnify, and hold harmless ScoreMyBenefits, its affiliates, and their respective officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) that arise from or relate to: (a) your violation of these Terms; (b) your use of the service for unauthorized purposes; (c) your infringement of any intellectual property right; or (d) your disclosure of Confidential Information.

15.3 Injunctive Relief

You acknowledge that the Proprietary Technology contains valuable trade secrets and proprietary information of ScoreMyBenefits, that any actual or threatened breach of the sections regarding Intellectual Property Rights or Confidentiality will constitute immediate, irreparable harm to ScoreMyBenefits for which monetary damages would be an inadequate remedy. In such case, ScoreMyBenefits will be entitled to immediate injunctive relief without the requirement of posting bond.