Welcome to freshbenies!
Before using freshbenies, please take some time to carefully read our Terms of Service below (“Terms,” Terms of Service,” or “Agreement”). The Terms below constitute a binding contract between you and freshbenies.
If your freshbenies account is created by your employer, some of these terms may not apply to you.
The freshbenies discount card program is NOT insurance, is not intended to replace insurance, and does not meet the minimum creditable coverage requirements under the Affordable Care Act or Massachusetts M.G.L. c. 111M and 956 CRM 5.00. Click here for full disclosures.
1. Acceptance of Terms
The freshbenies discount medical plan is offered through New Benefits, Ltd. By using the freshbenies Services (as further defined below) you are also agreeing to the New Benefits, Ltd terms and conditions. Click here to review.
You agree to use the Services only for lawful purposes, and that you are responsible for your use of the Services and communications with us, all of which must comply with these Terms. You agree not to use the Services in any manner that interferes with its normal operation or with any other user's use and enjoyment of the Services.
You represent and warrant to freshbenies that: (i) all registration information you submit is accurate and truthful; (ii) you will maintain the accuracy of such information, and (iii) have full power and authority to enter into this Agreement and doing so will not violate any other agreement to which you are a party; (iv) will not violate any rights of freshbenies, including intellectual property rights such as copyright or trademark rights; and (v) agree to provide at your cost all equipment, software, and internet access necessary to use the Services. This Agreement is void where prohibited by law, and the right to access the Services is revoked in such jurisdictions.
If you are under 13 years of age, you are not authorized to use the Services, with or without registering. In addition, if you are under 18 years old, you may use the Services, with or without registering, only with the approval of your parent or guardian. A parent or guardian may, however, create an account on behalf of a minor. Freshbenies reserves the right to ask for proof of age from you and your account may be suspended until satisfactory proof of age is provided.
freshbenies may, at its sole discretion, change these Terms from time to time. If changes to the Terms occur, we will notify you by posting the updated terms on the site or by email. It is your responsibility to check the Terms periodically for changes. Updated versions of the Terms will never apply retroactively and the updated Terms will give the exact date they go into effect. Your continued use of the Services following the posting of any changes to the Terms of Service means you accept those new terms. Therefore, you should review these Terms prior to each use. In addition, some services offered through the Service may be subject to additional terms and conditions adopted by freshbenies. Your use of those services means you agree to be subject to those additional terms and conditions, which are incorporated into these Terms of Service by this reference.
2. freshbenies Services
FRESHBENIES IS HEALTH SAVINGS PROGRAM AND IS NOT INSURANCE.
freshbenies offers benefits discount cards and services that may provide access to telehealth through Teladoc, doctors online through eDocAmerica, health advocacy and medical billing through Health Advocate, prescription savings at select pharmacies through various Pharmacy Benefit Managers, identity theft protection through LifeLock, legal savings through Legal Club of America, pet care savings through Pet Assure, dental savings through Aetna Dental Access, and vision savings through Coast-to-Coast Vision.
Creating Your freshbenies Account
You may view Content (as further defined below) on the Services without registering for an account, but as a condition of using certain aspects of the Services, including registering your freshbenies card or accessing the freshbenies mobile application (“App”) and receiving freshbenies benefits, you are required to create an account using an email address (“User ID”) and password and provide your freshbenies Group ID number, freshbenies Member ID number, your first and last name, and zip code. When creating an account, you shall provide accurate, complete, and updated registration information. Failure to do so shall constitute a breach of the Terms, which may result in immediate termination of your account.
If you are under 18 years of age, you are not authorized to create a freshbenies account.
You shall never use another Member’s account. If you discover any unauthorized use of your account, or other known account-related security breach, you must report it to firstname.lastname@example.org immediately. You agree that you are responsible for anything that happens through your account until you cancel and close your account or prove that your account security was compromised due to no fault of your own.
Portions of the freshbenies Services are accessible only by creating accounts with various third-party services (such as Health Advocate, LifeLock, and Teladoc). Any use of these third-party services are subject to the individual terms and conditions and privacy policies of each provider.
freshbenies cannot and will not be liable for any loss or damage arising from your failure to comply with this section. Regardless of whether you create an account, you are still subject to the terms and conditions set forth in these Terms covering the delivery of the Services.
Promotional Discounts and Incentives
From time to time, freshbenies may provide you with promotional discounts – for example, as an incentive to use freshbenies’ Services, to establish a freshbenies account or to refer others to sign up with freshbenies. Such promotional programs will be governed by their own terms and conditions which will be presented at the time of such promotions. Unless otherwise provided in the promotional terms, promotional discounts are non-transferrable, cannot be redeemed for cash, and have an expiration date of one (1) year from the date of issue.
Modifications to Site or Services
freshbenies reserves the right to modify, suspend, or discontinue the Site or Services (including, but not limited to, the availability of any feature, database, or Content), whether temporarily or permanently at any time for any reason. You agree that freshbenies shall not be liable to your or to any third party for any modification, suspension, or discontinuation of the Services. freshbenies may also impose limits on certain features and services or restrict your access to parts or all of the Services without notice or liability.
Availability of the Site
You acknowledge that there may be interruptions in service or events that are beyond our control. While we use reasonable efforts to keep the Site accessible, the Site may be unavailable from time to time for any reason including, without limitation, routine maintenance. You understand and acknowledge that due to circumstances both within and outside of our control, Site access may be interrupted, suspended or terminated. You further understand that there may be interruptions in service or events on third-party sites, including, but not limited to, newbenefits.com and teladoc.com, that will affect your use of the Service (defined below) and that are beyond our control to prevent or correct. Interruptions in the Service that are beyond our control shall not serve as a basis to terminate your subscription or demand a full or partial refund of any fees.
3. Fees and Billing
ACCORDING TO THE MEMBERSHIP AGREEMENT BETWEEN FRESHBENIES AND YOU OR YOUR EMPLOYER, YOUR FRESHBENIES BENEFITS PLAN MAY AUTOMATICALLY RENEW. If you are an individual and wish to cancel your automatically renewing plan, please notify freshbenies at email@example.com or call us at (855) 647-6762. If you are an employer and wish to cancel your automatically renewing plan, please notify freshbenies under the terms of your freshbenies plan agreement.
Payment processing for the freshbenies benefits program is provided by New Benefits Ltd. You agree to be bound to the New Benefits Ltd. terms and conditions for payment processing. Further, you agree to pay New Benefits Ltd. the charges incurred in accordance with these Terms and your selected plan. If you dispute any charges, you must inform New Benefits Ltd. in writing within thirty (30) of being billed.
To pay for your plan, you may be required to provide freshbenies with the information necessary to process such an order including: (i) your shipping address, (ii) your billing address, and (iii) your payment method. Again, if your freshbenies account is created by your employer, this paragraph may not apply to you.
Authorization to Charge Your Account
By creating an account and submitting your payment information to New Benefits Ltd., you authorize New Benefits Ltd. to store your payment information and to charge the billing source you have provided for your account according to the Service you selected until your account is terminated.
Employers: If you fail to pay your fees on time, your entire account may be suspended or cancelled and a reactivation fee may be charged.
Individuals: If you fail to pay your fees on time, or if your banking or credit card payment information is entered in error or does not go through for processing and you do not update payment information upon our request, your entire account may be suspended or cancelled.
After your account is suspended or cancelled, you will still have access to the Site but you will not have access to your account information. To access or restore you your account or membership benefits…
**Individuals may call Member Services and provide a proper billing source
**Employers may contact firstname.lastname@example.org to arrange payment
Unless otherwise stated, our charges do not include any taxes, levies, duties or similar governmental assessments, including value-added, sales, use or withholding taxes assessable by any local, state, provincial or foreign jurisdiction (collectively “Taxes”). You are responsible for paying Taxes except those assessable against freshbenies based on its income. We will invoice you for such Taxes if we believe we have a legal obligation to do so.
4. Rules and Conduct
As a condition of use, you promise not to use the Services for any purpose that is prohibited by the Terms or law. You are responsible for all of your activity in connection with the Service.
You understand and agree that you will not use the Services to engage in the prohibited conduct below:
1. You shall not use the Services for any illegal purpose, or in violation of any local, state, national, or international law, including, without limitation, laws governing intellectual property and other proprietary rights, data protection and privacy, and import or export control.
2. You agree not to license, sublicense, sell, resell, rent, lease, transfer, assign, distribute, time share, or otherwise commercially exploit or make the Services available to any third party, other than as expressly permitted by the Terms;
3. You shall not use the Services to Submit Content, or use as a User ID or any name or term that (i) is the name of another person, with the intent to impersonate that person; (ii) is subject to any rights of another person, without appropriate authorization; or (iii) is offensive, vulgar, pornographic or obscene.
4. You shall not post, store, send, transmit, or disseminate any information or material which infringes any patents, trademarks, trade secrets, copyrights, or any other proprietary or intellectual property rights.
5. You shall not attempt to use any method to gain unauthorized access to any paid features of the Services;
6. You shall not directly or indirectly: (i) decipher, decompile, remove, disassemble, reverse engineer, or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Services, security-related features of the Services, features that prevent or restrict use or copying of any content accessible through the Services, or features that enforce limitations on use of the Services, except to the extent applicable laws specifically prohibit such restriction; (ii) modify, translate, or otherwise create derivative works of any part of the Services; or (iii) copy, rent, lease, distribute, or otherwise transfer any of the rights that you receive hereunder. You shall abide by all applicable local, state, national, and international laws and regulations.
7. You shall not, and shall not permit any third party using your account to, take any action, or Submit Content, that constitutes unsolicited or unauthorized advertising or promotional material or any junk mail, spam, or chain letters; contains software viruses or any other computer codes, files, or programs that are designed or intended to disrupt, damage, limit, or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any system, data, password, or other information of freshbenies or any third party; or that impersonates any person or entity, including any employee or representative of freshbenies. Additionally, you shall not take any action that imposes or may impose (as determined by freshbenies in its sole discretion) an unreasonable or disproportionately large load on freshbenies’ or its third-party providers’ infrastructure; interfere or attempt to interfere with the proper working of the Service or any activities conducted on the Service; bypass any measures freshbenies may use to prevent or restrict access to the Service (or other accounts, computer systems, or networks connected to the Service); run Maillist, Listserv, or any form of auto-responder or “spam” on the Service; or use manual or automated software, devices, or other processes to “crawl” or “spider” any page of the Site.
If for any reason freshbenies determines that you have failed to follow these rules, we reserve the right to terminate or suspend your account, and prohibit any and all current or future use of the Site (or any portion thereof) and/or the Services by you. If we have reason to suspect, or learn that anyone is violating these Terms, we may investigate and/or take legal action as necessary including bringing a lawsuit for damages caused by the violation. We reserve the right to investigate and take appropriate legal action, including without limitation, cooperating with and assisting law enforcement or government agencies in any resulting investigations of illegal conduct.
5. Termination of Usage
As an individual Member, you may cancel your account at any time. Employer clients can cancel based on their agreement. A cancelled account is not entitled to any refunds unless freshbenies is in breach of this Agreement and does not cure said breach within thirty (30) days of receiving written notice from you of an actual breach, identifying specifically the nature of the breach, you are not entitled to any refunds.
We may suspend or cancel your account without notice or refund to you if you violate this Agreement. If your account is cancelled, freshbenies reserves the right to remove your account information along with any account settings from our servers with NO liability or notice to you. Once your account information and account settings are removed, you will not be able to recover this data and you will lose access to all of your content (except that content stored/published to third-party websites, that data will remain on said third-party websites pursuant to those website’s terms and conditions). If you cancel the Services before the end of your current paid-up subscription period, your cancellation will take effect immediately and you will not be charged again.
You acknowledge and understand that these Terms survive termination of your account, including our rights regarding any content you submitted to the website before your account was terminated. Following termination of your account, however, your license to use freshbenies’ Content automatically terminates, and freshbenies has no obligation to provide you with use of the Site. All provisions of the Terms of Service that by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
6. Third-Party Sites
The Services may permit you to link to other websites or resources on the internet. Links on the Services to third party websites, if any, are provided only as a convenience to you. If you use these links, you will leave the Services. The inclusion on another website of any link to the Services does not imply control of, endorsement by, or affiliation with freshbenies. Your dealings with third parties through links to such third party websites are solely between you and such third parties. You agree that freshbenies will not be responsible or liable for any content, goods or services provided on or through these outside websites or for your use or inability to use such websites. You will use these links at your own risk. You are advised that other websites on the Internet, including third party websites linked from the Services, might contain material or information that some people may find offensive or inappropriate; or that is inaccurate, untrue, misleading or deceptive; or that is defamatory, libelous, infringing of others' rights or otherwise unlawful. freshbenies expressly disclaims any responsibility for the content, legality, decency or accuracy of any information, and for any products and services, that appear on any third party website or application.
Without limiting the foregoing, your correspondence or business dealings with, participation in promotions of or purchases from, third parties found on or through the use of the Services, including payment for and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. You agree that freshbenies shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Services.
The Services contain features that enable various Third-party services (such as New Benefits, and Teladoc) to be integrated into your freshbenies account. To access these features, you may be required to register for or log into such Third-party Services on their respective websites or provide information through the Services for us to do so. By enabling third party services within the Services, you are allowing freshbenies to use your login information to access these third-party services for this purpose.
7. freshbenies Intellectual Property and User Content
Through the Site, App, email, websites, and other media, the Services make accessible various content, including, but not limited to, videos, photographs, images, artwork, graphics, audio clips, comments, data, text, software, scripts, campaigns, other material and information, and associated trademarks and copyrightable works (collectively, “Content”). Users of the Service (collectively, “Users”) may have the ability to contribute, add, create, submit, distribute, facilitate the distribution of, collect, post, or otherwise make accessible (“Submit”) Content. “User Submissions” means any Content Submitted by Users.
Our content is protected in many ways, including copyrights, trademarks, service marks, trade secrets, and other rights and laws. You agree to respect all legal notices, information, and restrictions contained in any content accessed through the Services. You also agree not to change, translate, or otherwise create derivative works based off our content.
You have a limited, revocable, non-exclusive, non-transferrable license to use the website and our content solely for legally permitted activities related to our Services as outlined in these Terms.
We, including third party partners and our affiliates, may ask you for Feedback (as further defined below) on your experience with the Services. freshbenies shall become the owner of any reviews, comments, suggestions or other feedback regarding the Services posted to the Site or on freshbenies’ social media pages (collectively, "Feedback") and it may share with any of its affiliates. freshbenies will not be required to treat any Feedback as confidential, and will not be liable for any Feedback posted on the Site or elsewhere. Without limitation, freshbenies will have exclusive ownership of all present and future existing rights to the Feedback of every kind and nature everywhere and will be entitled to use the Feedback for any commercial or other purpose whatsoever, without compensation to you or any other person sending the Feedback. You acknowledge that you are responsible for whatever material you submit, and you, not freshbenies, have full responsibility for the Feedback, including its legality, reliability, appropriateness, originality, and copyright.
To the extent that you decide to post any content (“User Content”), including Feedback, on the Services or on freshbenies’ social media pages, you agree not to, and shall not permit any third party using your account to, post or transmit any unlawful, infringing, threatening, abusive, harassing, defamatory, vulgar, obscene, profane, indecent, harmful, offensive, hateful or racially, ethnically or otherwise unlawful or otherwise objectionable material of any kind, including any material that encourages criminal conduct or conduct that would give rise to civil liability, is tortious, violates any law or contract, infringes others' intellectual property rights or otherwise violates any applicable local, state, national or international law. Specifically, you agree that your User Content will not contain third-party copyrighted material, or material that is subject to other third-party proprietary rights, unless you have permission from the rightful owner of the material or you are otherwise legally entitled to post the material and to grant freshbenies all of the license rights granted herein. freshbenies may refuse to accept or transmit User Content. Additionally, freshbenies shall have the right to delete, edit, modify, reformat, excerpt, or translate any of your User Content.
Other than Feedback, as between us and you, you agree that you own, or have obtained the right to post, all of the content and information that you post or share on the Site. By posting any User Content, you hereby grant us a royalty free, fully paid up, perpetual, irrevocable, fully sub-licensable, license and right to use, reproduce, display, perform, adapt, modify, distribute, make derivative works of and otherwise exploit your User Content in any manner we see fit. We may use your User Content in any manner for any purpose, including to advertise and promote freshbenies and the Services. We may exercise our rights anywhere in the world.
You specifically waive any "moral rights" in and to the User Content. The foregoing grant includes, without limitation, any copyrights and other intellectual property rights in and to your User Content. You represent and warrant that: you own the User Content posted by you on or through the Services or otherwise have the right to grant the license set forth in this section; and the posting of your User Content on or through the Services does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person.
8. Claims of Copyright Infringement
freshbenies complies with the Digital Millennium Copyright Act (DMCA). freshbenies will remove infringing materials in accordance with the DMCA if properly notified that Content infringes copyright. If you believe that your work has been copied in a way that constitutes copyright infringement, please notify freshbenies's Copyright Agent by email at email@example.com or by mail to freshbenies, LLC, ATTN: Copyright, 6841 Virginia Parkway Suite 103 #377 McKinney, TX 75071. Please do not send notices or inquiries about anything other than alleged copyright infringement or other intellectual property claims to our Agent for Notice. Your email must contain the following information (please confirm these requirements with your legal counsel, or see the U.S. Copyright Act, 17 U.S.C. §512(c)(3), for more information):
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an e-mail address;
- a description of the copyrighted work that you claim has been infringed;
- a description of where the material that you claim is infringing is located on the Site, sufficient for freshbenies to locate the material; your address, telephone number, and email address;
- a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
- a statement by you that the information in your notice is accurate and, under penalty of perjury, that you are the copyright owner or authorized to act on the copyright owner's behalf.
If you fail to comply with these notice requirements, your notification may not be valid. Under the Copyright Act, any person who knowingly materially misrepresents that material is infringing or was removed or disabled by mistake or misidentification may be subject to liability.
In accordance with the Digital Millennium Copyright Act, freshbenies has adopted a policy of, in appropriate circumstances, terminating User accounts that are repeat infringers of the intellectual property rights of others. freshbenies also may terminate User accounts even based on a single infringement.
9. Warranty Disclaimer
YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES AND THE MATERIALS CONTAINED HEREIN ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THESE TERMS, FRESHBENIES AND ITS AFFILIATED COMPANIES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND OTHER REPRESENTATIVES (COLLECTIVELY, "FRESHBENIES") EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND PERTAINING TO THE SERVICES AND THE MATERIALS HEREIN, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, SECURITY, ACCURACY, AVAILABLITY, USE REASONABLE CARE AND SKILL, AND NON-INFRINGEMENT, AS WELL AS WARRANTIES ARISING BY USAGE OF TRADE, COURSE OF DEALING, AND COURSE OF PERFORMANCE. FRESHBENIES MAKES NO WARRANTY THAT (I) THE SERVICES WILL MEET YOUR REQUIREMENTS, (II) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE OR FREE OF VIRUSES OR BUGS, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE, AND (IV) ANY ERRORS IN OR ON THE SERVICES WILL BE CORRECTED. ANY MATERIAL, CONTENT, OR INFORMATION DOWNLOADED OR OTHERWISE OBTAINED AND/OR USED THROUGH THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL, CONTENT OR INFORMATION. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM FRESHBENIES PARTIES ON OR THROUGH THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS AND CONDITIONS.
Electronic Communications Privacy Act Notice (18 USC §2701-2711): FRESHBENIES MAKES NO GUARANTY OF CONFIDENTIALITY OR PRIVACY OF ANY COMMUNICATION OR INFORMATION TRANSMITTED ON THE SERVICES OR ANY WEBSITE LINKED TO THE SERVICES. freshbenies will not be liable for the privacy of email addresses, registration and identification information, disk space, communications, confidential or trade-secret information, or any other Content stored on freshbenies’ equipment, transmitted over networks accessed by the Services, or otherwise connected with your use of the Services.
10. Limitation of Liability
EXCEPT AS OTHERWISE SPECIFICALLY PROVIDED IN NO EVENT SHALL FRESHBENIES, NOR ITS DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS, OR CONTENT PROVIDERS, BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE, OR ANY OTHER LEGAL OR EQUITABLE THEORY WITH RESPECT TO THE SERVICE (I) FOR ANY LOST PROFITS, DATA LOSS, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, SUBSTITUTE GOODS OR SERVICES (HOWEVER ARISING), (II) FOR ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE (REGARDLESS OF THE SOURCE OF ORIGINATION), OR (III) FOR ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) ONE HUNDRED U.S. DOLLARS ($100.00). SOME STATES OR COUNTRIES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU. IN THESE JURISDICTIONS, FRESHBENIES’ LIABILITY WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
11. Dispute Resolution and Arbitration
It is freshbenies’ goal that the Services meet your expectations and live up to our promises to you. However, there may be instances when you feel that freshbenies has not fulfilled its obligations or you may have a different type of problem or dispute that needs special attention. In those instances, freshbenies is committed to working with you to reach a reasonable resolution that satisfies you; however, we can only do this if we know about and understand your issue. Therefore, for any problem or dispute that you may have with freshbenies, you acknowledge and agree that you will first give freshbenies an opportunity to resolve your problem or dispute. In order to initiate this dispute resolution process, you must first send us a written description of your problem or dispute within thirty (30) days of the Services being performed by sending an email to: firstname.lastname@example.org or by mail to ATTN: freshbenies 6841 Virginia Parkway Suite 103 #377 McKinney, TX 75071.
You then agree to negotiate with freshbenies in good faith about your problem or dispute. This should lead to resolution, but if for some reason your problem or dispute is not resolved satisfactorily within sixty (60) days after freshbenies receives your written description of it, you agree to the further dispute resolution provisions below.
Mutual Agreement to Arbitrate
YOU AND FRESHBENIES AGREE THAT WE WILL RESOLVE ANY CLAIM OR CONTROVERSY AT LAW OR EQUITY THAT ARISES OUT OF OR RELATES TO THESE TERMS OR THE SERVICES THROUGH BINDING INDIVIDUAL ARBITRATION RATHER THAN PROCEED IN COURT. You agree that, except as expressly set forth below, the sole and exclusive forum and remedy for any and all disputes and claims that cannot be resolved informally and that relate in any way to or arise out of your use of the Services and these Terms, shall be final and binding arbitration, except to the extent that either party has, in any manner infringed upon or violated or threatened to infringe upon or violate the rights of either party or any third party patent, copyright, trademark, trade secret, privacy or publicity rights, in which case both sides acknowledge that arbitration is not an adequate remedy at law and that injunctive or other appropriate relief may be sought by either party and/or the applicable third party(ies). You and we acknowledge that the Agreement affects interstate commerce and that the Federal Arbitration Act and federal arbitration law apply to arbitrations under the Agreement (despite any other choice of law provision).
Arbitration under these Terms of Service shall be conducted by the rules and procedures of the American Arbitration Association (the "AAA"). The AAA rules are available at www.adr.org or by calling 1-800-778-7879. The party requesting relief may choose to resolve the dispute through binding non-appearance based arbitration in which the arbitration will be conducted in one or more of the following manners at the option of the party initiating arbitration: telephone, online, or written submissions. The arbitration will not involve any personal appearances by the parties or witnesses unless otherwise agreed by the parties.
Regardless of the size of the claim, you and we agree to pay our own other fees, costs, and expenses, including those for any attorneys, experts, and witnesses. An arbitrator may award on an individual basis any relief that would be available in a court, including injunctive or declaratory relief and attorneys' fees and expenses. As a limited exception to the mutual agreement to arbitrate, you and we agree that either party may take claims to small claims court, if the claims qualify for hearing by such court.
You agree that regardless of any statute or law to the contrary, any claim of cause of action arising from or relating to use of the Services or these Terms must be filed within one (1) year after such claim or cause of action arose, or will be forever barred.
The Terms are personal to you, and are not assignable, transferable, or sub-licensable by you except with freshbenies' prior written consent. Any assignment in violation of this section shall be null and void. freshbenies may assign, transfer, or delegate any of its rights and obligations hereunder without consent.
13. Indemnity clause
14. Notice Policy and Your Consent
Under these Terms you are contracting with Benefits Brainstorm, Inc., a Texas corporation.
Notice should be addressed to Benefits Brainstorm, Inc., ATTN: freshbenies, 6841 Virginia Parkway Suite 103 #377 McKinney, TX 75071.
For the avoidance of doubt, we are entering into this Agreement as principal and not as agent for any other freshbenies company. Subject to any permitted assignment, the obligations owed by us under this Agreement shall be owed to you solely by us and the obligations owed by you under this Agreement shall be owed solely to us.
We may give notice by means of a general notice on the Site, App, electronic mail to your email address in your account, text message, or by written communication sent by first class mail or pre-paid post to your address in your account. Such notice shall be deemed to have been given upon the expiration of 48 hours after mailing or posting (if sent by first class mail or pre-paid post) or 12 hours after sending (if sent by email or text). You may give notice to us, with such notice deemed given when received by us, at any time by first class mail or pre-paid post to the address set forth above or at such other address as we may advise from time to time, pursuant to this provision.
15. Geographic Limits of Service
The freshbenies program is available for individual purchase in all states but Vermont and Washington. Other state restrictions apply.
freshbenies make no representation that materials contained on the Services or products described or offered on or via the Site are appropriate or available for use in jurisdictions outside the United States, or that these Terms comply with the laws of any other country. Accessing the Service is prohibited from territories where the Content is illegal. If you access the Service from other locations, you do so at your own initiative and are responsible for compliance with local laws. You agree that you will not access the Services from any territory where the contents are illegal, and that you, and not freshbenies, are responsible for compliance with applicable local laws.
freshbenies reserves the right, at any time in our sole discretion, to limit the availability and accessibility of the Services to any person, geographic area, or jurisdiction we so desire.
16. Governing Law
Except for the Arbitration Agreement set forth under Dispute Resolution and Arbitration, which is governed by the Federal Arbitration Act, these Terms of Service (and any further rules, policies, or guidelines incorporated by reference) shall be governed by and construed in accordance with the laws of the State of Texas and the United States, without giving effect to any principles of conflicts of law, and without application of the Uniform Computer Information Transaction Act or the United Nations Convention of Controls for International Sale of Goods.
You agree that freshbenies and its Services are deemed passive and do not give rise to personal jurisdiction over freshbenies or its parents, subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers or shareholders, either specific or general, in any jurisdiction other than the State of Texas. You agree that any action at law or in equity arising out of or relating to these Terms, or your use or non-use of the Services, shall be filed only in the state or federal courts located in Dallas County in the State of Texas and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. You irrevocably waive any right you may have to trial by jury in any dispute, action, or proceeding.
17. Integration and Severability
These Terms and other referenced material constitutes the entire agreement between you and freshbenies with respect to the Services, and supersede all prior or contemporaneous agreements, representations, warranties, and understandings (whether oral, written or electronic) between you and freshbenies with respect to the Services and govern the future relationship. If a court in any final, unappealable proceeding holds any provision of these Terms or its application to any person or circumstance invalid, illegal or unenforceable, the remainder of these Terms, shall not be affected, and shall be valid, legal and enforceable to the fullest extent permitted by law.
Sections 1, 3, 5, 7, 9, 10, 11, 12, 13, 16, 17, and 19 will survive any termination of these Terms.
19. No Waiver
The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.
freshbenies, Take the headache out of healthcare (and more) . . . all in one easy-to-use card, and freshbenies graphics, logos, and designs are trademarks, servicemarks, registered trademarks, and/or registered service marks owned by Benefits Brainstorm, Inc.
All other trademarks, servicemarks, registered trademarks, and registered servicemarks including Health Advocate, LifeLock, eDocAmerica, Aetna Dental Access, Coast-to-Coast Vision, New Benefits, and Teladoc are the property of their respective owners.
21. State Specific Terms
There may be additional state specific rights and obligations relating to the provision of the Services. Such rights and obligations shall supersede any terms to the contrary otherwise contained in these Terms.
If you have any questions regarding these Terms, please contact us at email@example.com or by mail at the address below:
Benefits Brainstorm, Inc.
Attention: freshbenies Customer Service
6841 Virginia Parkway
Suite 103 #377
McKinney, TX 75071