TERMS AND CONDITIONS
Overview Agreement between User and www.bb-benefits.com Welcome to www.bb-benefits.com. The www.bb-benefits.com website (the "Site") is comprised of various web pages operated by B&B Benefits, LLC ("B&B Benefits"). www.bb-benefits.com is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the "Terms"). If you do not agree to these Terms, please do not use the Website. Privacy Policy Your use of www.bb-benefits.com is subject to B&B Benefits's Privacy Policy. Please review our Privacy Policy, which also governs the Site and informs users of our data collection practices. HIPAA Policy Your use of www.bb-benefits.com is subject to B&B Benefits's HIPAA Policy. Please review our HIPAA Policy, which also governs the Site and informs users of our Protected health information data collection practices. Electronic Communications Visiting www.bb-benefits.com or sending emails to B&B Benefits constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing. Children Under Thirteen B&B Benefits does not knowingly collect, either online or offline, personal information from persons under the age of thirteen provided that we shall collect information if the family is our potential client and purchase insurance from us. Optional Tools We may provide you with access to third-party tools over which we neither monitor nor have any control nor input. You acknowledge and agree that we provide access to such tools” as is” and “as available” without any warranties, representations, or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools. Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s). We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service. Links to Third Party Sites/Third Party Services Certain services available via our Service may include materials from third-parties. Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party. Prohibited Use In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: a. for any unlawful purpose; b. to solicit others to perform or participate in any unlawful acts; c. to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; d. to infringe upon or violate our intellectual property rights or the intellectual property rights of others; e. to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; f. to submit false or misleading information; g. to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; h. to collect or track the personal information of others; i. to spam, phish, pharm, pretext, spider, crawl, or scrape; j. for any obscene or immoral purpose; or k. to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses. International Users The Service is controlled, operated and administered by B&B Benefits from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the B&B Benefits Content accessed through www.bb-benefits.com in any country or in any manner prohibited by any applicable laws, restrictions or regulations. Indemnification You agree to indemnify, defend and hold harmless B&B Benefits and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party. Arbitration In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The arbitrator's award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable attorney's fees. The parties agree to arbitrate all disputes and claims in regards to these Terms and Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or indirectly, including Tort claims that are a result of these Terms and Conditions. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms and Conditions. Class Action Waiver Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH'S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and B&B Benefits agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding. Liability Disclaimer B&B Benefits provides its services and platform for your convenience and information. By using our services, you acknowledge and agree to the following: o Services "AS IS" and "AS AVAILABLE": B&B Benefits provides its services "AS IS" and "AS AVAILABLE" for your information and personal non-commercial use only. Our services may not be used, copied, reproduced, distributed, or otherwise exploited for any other purpose without prior written consent from B&B Benefits. o No Warranty Against Malware: B&B Benefits shall not be liable for any damages related to viruses, worms, or other malware that may infect your computer equipment or other property due to your use of our platform. It is your responsibility to ensure the security of your devices and the safety of your online interactions with doctors found through B&B Benefits. o Limitation of Liability: B&B Benefits liability with respect to the services is limited to the maximum extent permitted by law. We do not accept responsibility for the actions, decisions, or conduct of the doctors or medical professionals referred through our platform. You agree that no joint venture, partnership, employment, or agency relationship exists between you and B&B Benefits as a result of this agreement or use of the Site. B&B Benefits's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of B&B Benefits's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by B&B Benefits with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and B&B Benefits with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and B&B Benefits with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English. Severability If any provision of these Terms of Service is determined to be unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions. Termination/Access Restriction B&B Benefits reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the Commonwealth of Pennsylvania and you hereby consent to the exclusive jurisdiction and venue of courts in Pennsylvania in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section. Changes to Terms You can review the most current version of the Terms of Service at any time on this page. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes. Governing Law These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the Pennsylvania of the United States of America. B&B Benefits encourages you to periodically review the Terms to stay informed of our updates. Contact Us B&B Benefits welcomes your questions or comments regarding the Terms: B&B Benefits, LLC 8101 Perry Hwy Ste 105 Pittsburgh, Pennsylvania 15237 Email Address: [email protected] Telephone number: 4123666334 Effective as of April 17, 2023
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