Terms of Use

Last updated: Aug 5, 2020

This website, located at www.benefitbump.com, including all subdomains and user profile pages, including any content, functionality, and services offered on or through www.benefitbump.com (collectively, the “Site”), is provided to you by Benefit Bump LLC (the “Company," "we," "our," or "us").

1. You Agree to These Terms by Using this Site

Your access to, and use of, this Site is subject to these Terms of Use. By using this Site or continuing to access the Site, you accept, without limitation or qualification, these Terms of Use. The Company may, at any time and without notice, modify these Terms of Use by revising them on the Site. Your continued use of the Site constitutes your acceptance of any such revisions. You should therefore periodically visit this page to review the current Terms of Use. You may not modify these Terms of Use except in writing signed by the Company.

If you do not agree and accept, without limitation or qualification, these Terms of Use, you must stop using the Site immediately.

2. Permitted Use of the Site; Monitoring

The information and materials on this Site are provided for informational purposes. You may use this Site solely for informational purposes or for the purpose of reviewing and/or engaging with our employees to discuss your employee benefits, leave of absence, emotional health, and/or childcare considerations. You may not use, reproduce or distribute the text, graphics, downloads, tools or any other content on this Site for any other purpose.

We retain the right, but do not have the obligation, to monitor any and all activities on this Site and to record, screen, edit, curtail, amend or remove any content on this Site at any time and for any reason. The Company shall have no liability to any user or third party for the performance or non-performance of any monitoring or other actions.

Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Site. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

3. User Submitted Content

The Site may, from time to time, offer interactive features that allow users to submit content to the Site. The Company does not and cannot review all such content, and is not responsible for such content.

You acknowledge that by providing the ability to view and distribute user-generated content on the Site, the Company is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability related thereto. However, the Company reserves the right to block or remove any or all user submitted content, including but not limited to communications or materials, that it determines, at its sole discretion, to be unacceptable to it in its sole discretion.

Harassment in any manner or form on the Site, including via email, chat, or by use of obscene or abusive language, is strictly forbidden and will not be tolerated by the Company. Impersonation of others, including the Company’s employee, host, or representative, as well as other members or visitors on the Site is prohibited. You may not upload to, distribute, or otherwise publish through the Site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, violates any third party’s trademark or other intellectual property rights or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law.

4. Notice; Electronic Communications; Mobile Communication

When you visit this Site or send emails to the Company, you are communicating with us electronically. By engaging with us (including via this Site) or by requesting that we send you communications, you consent to receive communications from us electronically. We may communicate with you by email or by posting notices on this Site. 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.

The Site provides access to and content for our customer and mobile website, which provides on-the-go access to important information and services related to your maternity, adoption, employee benefits, leave of absence, emotional health, and child care. While there may not be any direct cost imposed by the Company to utilize its mobile application services (including text notification deliveries), STANDARD DATA FEES AND TEXT MESSAGING RATES MAY APPLY BASED ON YOUR PLAN WITH YOUR MOBILE CARRIER. As mobile access and text message delivery is subject to your mobile carrier network availability, such access and delivery is not guaranteed.

5. Trademarks

The Company name, the Company logo, and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs, and slogans on this Site are the trademarks of their respective owners.

6. Privacy

Benefit Bump’s Privacy Policy is incorporated and made part of these Terms of Use. By using our Site, you hereby agree to such Privacy Policy. Any personal data (for example, your name, address, telephone number or email address) or protected health information under the Health Insurance Portability and Accountability Act of 1996 (HIPAA), that you transmit to the Site by electronic mail or otherwise will be used by us in accordance with the Privacy and Legal Statements. Any other communication or material you transmit to the Site, such as questions, comments, suggestions or the like, will be treated as non-confidential and nonproprietary.

7. Disclaimer – Warranty

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Site will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY SITE LINKED TO IT.

YOUR USE OF THE SITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE IS AT YOUR OWN RISK. THE SITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE SITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

8. Indemnification

You agree to indemnify, defend, and hold harmless the Company, its officers, directors, employees, agents, licensors and suppliers from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these Terms of Use, Privacy Policy, or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the Site using your internet or mobile device account.

9. Limitations of Liability

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SITE , ANY SITES LINKED TO IT, ANY CONTENT ON THE SITE OR SUCH OTHER SITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.

10. Third-Party Links

The Company may link to websites or electronic services sponsored or operated by third parties. The Company has no control over these linked sites or the content therein, all of which may have separate privacy and data collection practices or policies or separate conditions or terms of use, independent of the Company. If you visit a linked site, the separate practices, policies, conditions or terms of use of the linked site will apply, so you should read them before using the linked site or any related service and before disclosing any personal information. These linked sites are only for your convenience and therefore you access them at your own risk. Without limiting the foregoing, the Company makes no warranty of any kind with respect to linked sites and specifically disclaims any responsibility is such sites or services: infringe any third party’s intellectual property rights; are inaccurate, incomplete or misleading; are not merchantable or fit for a particular purpose; do not provide adequate security; contain viruses or other items of a destructive nature; or are libelous or defamatory. The Company does not endorse and is not is not responsible or liable for the conduct of such sites’ operators or for the content, availability, products, services or other materials that may be offered at such sites. Nonetheless, the Company seeks to protect the integrity of its Site and the links placed upon it and therefore requests any feedback on not only its own Site, but for sites it links to as well (including if a specific link does not work).

11. No Medical Advice

Nothing in this Site constitutes medical advice nor is the Company a “Covered Entity” under HIPAA. We provide clinical reference materials for your convenience and information only. If you are experiencing medical distress or a medical emergency, call 911 immediately.

12. Law and Jurisdiction

These Terms of Use and your use of the Site are governed by the laws of the State of Missouri, without regard to its choice of law provisions. The courts of general jurisdiction located within the State of Missouri, will have exclusive jurisdiction over any and all disputes arising out of, relating to or concerning these Terms of Use and Privacy Policy and/or the Site or in which these Terms of Use and/or the Site are a material fact.

13. Assignment

The Company may assign its rights and duties under these Terms of Use to any party at any time without notice to you.

14. Geographic Restrictions

The owner of the Site is based in the State of Missouri in the United States. We provide this Site for use only by persons located in the United States. We make no claims that the Site or any of its content is accessible or appropriate outside of the United States. Access to the Site may not be legal by certain persons or in certain countries. If you access the Site from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

15. Entire Agreement

The Terms of Use and our Privacy Policy constitute the sole and entire agreement between you and the Company regarding the Site and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Site.