Benbase Terms of Service

Benbase, Inc. (“Benbase,” “we,” “us,” “our”) provides its services (described below) to you through its website at https://www.benbase.com/ or other website(s) operated or maintained by Benbase, its mobile applications and related services (collectively, such services, including any new features and applications, the “Service”), subject to the following Terms of Service (as amended from time to time, the “Terms of Service”). By accessing, browsing, or otherwise using our website, mobile application(s), or any other aspect of the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service. If you do not accept the terms and conditions of these Terms of Service, you will not access, browse, or otherwise use the Service. We reserve the right, at our sole discretion, to change or modify portions of these Terms of Service at any time. If we do this, we will post the changes on this page and will indicate at the top of this page the date these terms were last revised. We will also notify you, either through the Service user interface, in an email notification or through other reasonable means. Any such changes will become effective no earlier than fourteen (14) days after they are posted, except that changes addressing new functions of the Service or changes made for legal reasons will be effective immediately. Your continued use of the Service after the date any such changes become effective constitutes your acceptance of the new Terms of Service. You should periodically visit this page to review the current Terms of Service so you are aware of any revisions. If you do not agree to abide by these or any future Terms of Service, you will not access, browse, or use (or continue to access, browse, or use) the Service.

PLEASE READ THESE TERMS OF SERVICE CAREFULLY, AS THEY CONTAIN AN AGREEMENT TO ARBITRATE AND OTHER IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS. THE AGREEMENT TO ARBITRATE REQUIRES (WITH LIMITED EXCEPTION) THAT YOU SUBMIT CLAIMS YOU HAVE AGAINST US TO BINDING AND FINAL ARBITRATION, AND FURTHER (1) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AGAINST BENBASE ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING, (2) YOU WILL ONLY BE PERMITTED TO SEEK RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ON AN INDIVIDUAL BASIS, AND (3) YOU MAY NOT BE ABLE TO HAVE ANY CLAIMS YOU HAVE AGAINST US RESOLVED BY A JURY OR IN A COURT OF LAW.

Access and Use of the Service

Service Description

The Service provides a web platform through which users can access information health, medical and other benefits. You may (a) review benefits and update information, and contact and communicate with Benbase or third parties with questions about benefits through, or facilitated by, the Service; (b) search for and identify health care providers or facilities in your insurance network and/or geographic area on the Service (each, a “Provider”); (c) view listings of various voluntary insurance policies, products or services provided by third party insurers and displayed by the Service; and (d) take other actions as permitted by the functionality provided by the Service.

Medical Advice Disclaimer

Any information made available through the Service is not intended or implied to be a substitute for professional medical advice, diagnosis or treatment. All content, including text, graphics, images and information, contained on or available through the Service is for general information purposes only. Benbase makes no representation and assumes no responsibility for the accuracy of information contained on or available through the Service, and such information is subject to change without notice. You are encouraged to confirm any information obtained from or through the Service with other sources, and review all information regarding any medical condition or treatment with your physician.

NEVER DISREGARD PROFESSIONAL MEDICAL ADVICE OR DELAY SEEKING MEDICAL TREATMENT BECAUSE OF SOMETHING YOU HAVE READ ON OR ACCESSED THROUGH THE SERVICE.

Benbase is not authorized to provide medical services or advice requiring any type of professional medical licensure. Benbase does not recommend, endorse or make any representation about the efficacy, appropriateness or suitability of any specific tests, products, procedures, treatments, service, opinions, health care providers or other information that may be contained on or available through the Service, including with any Providers or third party insurers.

BENBASE IS NOT RESPONSIBLE NOR LIABLE FOR ANY ADVICE, COURSE OF TREATMENT, DIAGNOSIS OR ANY OTHER THIRD PARTY INFORMATION, SITE, SERVICE OR PRODUCTS THAT YOU OBTAIN THROUGH THE SERVICE.

IF YOU THINK YOU OR SOMEONE USING THE SERVICE MAY HAVE A MEDICAL EMERGENCY, IT IS YOUR RESPONSIBILITY TO CALL A DOCTOR, YOUR LOCAL EMERGENCY NUMBER, OR 911 IMMEDIATELY.

Your Registration Obligations

If you choose to register for the Service, you agree to provide and maintain true, accurate, current and complete information about yourself and your company as prompted by the Service’s registration form and/or one or more third-party human resources or benefits management platforms when sharing certain information with the Service. Registration data and certain other information about you are governed by our Privacy Policy. If you are under 18 years of age, you are not authorized to use the Service, with or without registering.

Account Information

You agree to provide and maintain true, accurate, current and complete information about yourself as prompted by the Service and to your employer, including information about your insurance policies and benefits available on the Service. You acknowledge and agree that you are solely responsible for providing your employer and Benbase with accurate information. Benbase is not responsible for user or employer errors and omissions.

You may request that we update or change the information you provided to us or to receive a copy of the information we have stored by emailing us at myadvisor@benbase.com. We will make every reasonable effort to honor your wishes, or provide you with an explanation of why we cannot make the changes requested. We may request proof of identity before updating any information.

Member Account, Password and Security

When creating your account, you represent and warrant that you will provide accurate and complete information. You are expected to use “strong” passwords with your account. You are responsible for maintaining the confidentiality of your password and account, if any, and are fully responsible for any and all activities that occur under your password or account even if due to misuse or any unauthorized access. You must exercise caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. You understand and agree that your account is personal to you and you agree not to provide any other person with access to the Service using your username, password, or other security information. You agree to (a) immediately notify Benbase of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session when accessing the Service. Benbase will not be liable for any loss or damage arising from your failure to comply with this Section.

Deleting Your Account

You may delete your account at any time by sending an email with the request in the subject line to myadvisor@benbase.com. Note that doing so may delete your data and information stored on the Service or shared via the Service and you will no longer have access to such data or information, and we will bear no responsibility for such loss of data or information. Before submitting a request to delete your account, you should save any data or information stored on the Service or shared via the Service that you want to retain. If you delete your account, we may still retain any information or data as permitted under these Terms of Service and subject to our rights under the Privacy Policy, or as may be necessary or advisable in order to comply with any applicable law, rule, statute, order or regulation (collectively, “Law”). All fees that may have been incurred prior to de-registration, if any, will be due and owing, until paid in full, such account deletion notwithstanding.

Modifications to Service

Benbase reserves the right to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Benbase will not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.

General Practices Regarding Use and Storage

You acknowledge that Benbase may establish general practices and limits concerning use of the Service, including the maximum period of time that data or other content will be retained by the Service and the maximum storage space that will be allotted on Benbase’s servers on your behalf. You agree that Benbase has no responsibility or liability for the deletion or failure to store any data or other content maintained or uploaded by the Service. You acknowledge that Benbase reserves the right to terminate accounts that are inactive for an extended period of time. You further acknowledge that Benbase reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.

Electronic Communications

When you use the Service, communicate with us using the chat functions in the Service, or send e-mails to us, you are communicating with us electronically and you consent to receive communications from us electronically. We will communicate with you by e-mail, chat, or by posting notices on the Service. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

By using the Service, you acknowledge and agree that Benbase may send e-mails relating to your account. You can opt out of your subscription to Benbase’s e-mail services at any time by logging in to the Service and changing your notification preferences.

Health and Insurance Related Information

Insurance Related Content

As part of the Service, Benbase may provide you with summary information about the insurance plans, and your enrollment status in these plans. The information displayed on Benbase is summarized for informational purposes only and is not intended to replace the insurance policy documents issued by each insurer, nor the enrollment records maintained by each insurer. If there is ever any discrepancy between the insurance plan or policy information displayed on the Service, and the insurance plan or policy information detailed in the insurance carrier’s plan documents, the insurance carrier’s plan documents or records will govern. Coverage availability, coverage terms, rates and discount availability may vary by state or territory and such availability is in no way altered by the contents of this site. Some advertised coverages or discounts may have been eliminated or modified prior to binding. The issuing, renewal, or cancellation of any insurance policy, policy terms and conditions, and rates are subject to underwriting review by the applicable insurance carrier. It is your ultimate and exclusive responsibility to take such steps as are necessary to notify directly those insurers whose policies may apply to any circumstances, occurrences, claims, suits, demands and losses (collectively, “Claims”) in accordance with the terms and conditions of your policies. Benbase assumes no duty or responsibility with respect to such notifications or monitoring your obligation to place insurers on notice unless undertaken in a separate written agreement.

Voluntary Insurance Disclaimer

As part of the Service, Benbase may provide you with summary information about insurance plans, products or other services available to you individually via third-party insurers. The information displayed on Benbase is summarized and is not intended to replace the insurance policy documents issued by each insurer, nor the enrollment records maintained by each insurer. If there is ever any discrepancy between the insurance plan or policy information displayed on the Service, and the insurance plan or policy information detailed in the insurance carrier’s plan documents, the insurance carrier’s plan documents or records will govern. Benbase does not facilitate or process any agreements with or payments to or from such insurers; you will be directed to an insurer’s website to make any purchases or enter into any agreement. Benbase is not an insurer and does not issue insurance policies. You understand and agree that Benbase: (a) does not direct, have any control over, employ, or endorse any third party insurers, insurance plans, products, or services and has no control over the acts or omissions of any such insurers; (b) makes no representations, warranties or guarantees about the quality, suitability, safety or legality of the services provided by any such insurer; (c) does not vet, screen or conduct any kind of identity or background checks of any such insurers; and (d) is not responsible for payment for services furnished by any insurer. You should exercise caution and perform your own independent assessment of any such insurer before purchasing any insurance plan, product or service. By using the Service, you acknowledge and agree that you are solely responsible for the communication or agreement you have with, and any care or services, you may receive from, any such insurer, and any payment you may owe to any such insurer.

Provider Disclaimer

As part of the Service, Benbase may provide you with third party information about Providers’ network participation with your health plan (for example, providing information about which Providers participate with the health plan offered by your employer). A healthcare provider or facility’s network contract is between the Provider and the insurer alone, and may change without notice. You understand and agree that Benbase: (a) does not direct, have any control over, employ, or endorse any Providers and has no control over the acts or omissions of any Providers; (b) is not responsible or liable in any manner for the performance or conduct of any Providers; (c) makes no representations, warranties or guarantees about the quality, suitability, safety or legality of the services provided by any Provider, the qualifications, identity or background of any Providers or about your interactions or dealings with any Providers; (d) does not vet, screen or conduct any kind of identity or background checks of any Providers; (e) is not responsible for payment for services furnished by any Provider, and (f) makes no guarantee about the accuracy of this network information, the accuracy of claims processing by your health insurer, or the accuracy of billing by a Provider. You should exercise caution and perform your own independent assessment of Providers before receiving care from any Providers. You should independently verify that a Provider is in your insurance network and/or their geographical proximity to you before receiving any services.

Conditions of Access and Use

User Conduct

You are solely responsible for all code, video, music, sound, images, information, data, text, software, photographs, graphics, messages or other materials (“content”) that you upload, share, input, post, publish, email or display (hereinafter, “share”) via the Service (collectively, the “User Content”). You agree to use the Service only as directed and approved in support of the Service.

Benbase reserves the right to investigate and take appropriate legal action against anyone who, in Benbase’s sole discretion, violates this provision, including removing the offending content from the Service, suspending or terminating the account of such violators and reporting you to the law enforcement authorities. You agree to not use the Service:

a) to share any content that (i) infringes any intellectual property or other proprietary rights of any party; (ii) you do not have a right to upload under any Law or under contractual or fiduciary relationships; (iii) contains software viruses or any other code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (iv) poses or creates a privacy or security risk to any person; (v) constitutes offensive, unsolicited or unauthorized advertising, promotional materials, commercial activities and/or sales, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” “contests,” “sweepstakes,” or any other form of solicitation; (vi) is illegal, offensive, harmful, threatening, abusive, harassing, tortious, excessively violent, defamatory, vulgar, obscene, pornographic, libelous, invasive of another’s privacy, hateful racially, ethnically or otherwise objectionable; (vii) is false, misleading, or otherwise deceptive; or (viii) in the sole judgment of Benbase, is objectionable or which restricts or inhibits any other person from using or enjoying the Service, or may expose Benbase or its users to any harm or liability of any type;

b) to interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service; or
c) in violation of any applicable Law;
d) to impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
e) to solicit personal information from anyone under the age of 18;
f) to harvest or collect email addresses or other contact information or personally identifiable information of other users of the Service by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications;
g) to circumvent, remove, alter, deactivate, degrade, or thwart any of the content protections in or geographic restrictions on any content (including Service Content (as defined below)) available on or through the Service, including through the use of virtual private networks or take any action that imposes, or may impose, as determined in our sole discretion, an unreasonable or disproportionately large load on our infrastructure;
h) to copy or store any significant portion of the Service Content;
i) in furtherance or promotion of any criminal activity or enterprise or provide instructional information about illegal activities;
j) to obtain or attempt to access or otherwise obtain any materials or information through any means not intentionally made available or provided for through the Service; or
k) in any other manner that Benbase determines, in its sole discretion, is illegal or improper.

Intellectual Property Rights

Service Content

You acknowledge and agree that the Service may contain content or features (“Service Content”) that are protected by copyright, patent, trademark, trade secret or other proprietary rights and Laws. Except as expressly authorized by Benbase, you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Service Content, in whole or in part, except that the foregoing does not apply to your own User Content (as defined below) that you legally upload to the Service. In connection with your use of the Service you will not engage in or use any data mining, robots, scraping or similar data gathering or extraction methods. If you are blocked by Benbase from accessing the Service (including by blocking your IP address), you agree not to implement any measures to circumvent such blocking (e.g., by masking your IP address or using a proxy IP address). Any use of the Service or the Service Content other than as specifically authorized herein is strictly prohibited.

Trademarks

The Benbase name and logos are trademarks and service marks of Benbase (collectively the “Benbase Trademarks”). Other business, product, and service names and logos used and displayed via the Service may be trademarks or service marks of their respective owners who may or may not endorse or be affiliated with or connected to Benbase. Nothing in this Terms of Service or the Service should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of Benbase Trademarks displayed on the Service, without our prior written permission in each instance. All goodwill generated from the use of Benbase Trademarks will inure to our exclusive benefit.

Dispute Resolution By Binding Arbitration

PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR RIGHTS.

a. Agreement to Arbitrate

This Dispute Resolution by Binding Arbitration section is referred to in these Terms of Service as the “Arbitration Agreement.” You agree that any and all disputes or claims that have arisen or may arise between you and Benbase, whether arising out of or relating to these Terms of Service (including any alleged breach thereof), the Service, any advertising, any aspect of the relationship or transactions between us, shall be resolved exclusively through final and binding arbitration, rather than a court, in accordance with the terms of this Arbitration Agreement, except that you may assert individual claims in small claims court, if your claims qualify.

b. Prohibition of Class and Representative Actions and Non-Individualized Relief

YOU AND BENBASE AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING.

c. Pre-Arbitration Dispute Resolution

Benbase is always interested in resolving disputes amicably and efficiently, and most customer concerns can be resolved quickly and to the customer’s satisfaction by emailing customer support at myadvisor@benbase.com.

d. Arbitration Procedures

Arbitration will be conducted by a neutral arbitrator in accordance with the American Arbitration Association’s (“AAA”) rules and procedures, including the AAA’s Consumer Arbitration Rules (collectively, the “AAA Rules”), as modified by this Arbitration Agreement.

These Terms of Service (together with the terms incorporated herein by reference herein) constitute the entire agreement between you and Benbase and govern your use of the Service, superseding any prior agreements between you and Benbase with respect to the Service. You also may be subject to additional terms and conditions that may apply when you use affiliate or Third-Party Services, third party content or third party software. These Terms of Service will be governed by the laws of the State of California without regard to its conflict of law provisions.