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1. Acceptance.
This page states the terms of service and membership agreement ("Agreement") under which Small Business Benefit Association, Inc. ("SBBA") authorizes and governs your use of SBBA membership, your use of SBBA benefits and services, and this Web site. You may have agreed (verbally or in writing) to additional terms and conditions at the time you became an SBBA member.
All persons subscribing to SBBA are urged to read this Agreement carefully and to communicate any questions that may arise to SBBA Member Services. If you do not accept this Agreement, do not use your membership or this Web site. By becoming and/or remaining an active member of SBBA or by using, visiting, or browsing the SBBA Web site or communicating with Member Services in any form, you accept and agree to be bound by this Agreement.
2. Changes to Agreement.
SBBA reserves the right, with or without notice to you, to revise this Agreement at our sole discretion by updating this posting. You agree to review this Agreement periodically so that you are aware of any such modifications, at which time you may either agree to such changes or discontinue the further use of this Web site. Your continued membership or use of this Web site after SBBA posts such changes will constitute your agreement to the amended Agreement. The effective date and the date of any modified or updated version of this Agreement will be noted at the bottom of the posted Agreement.
3. Privacy.
Any information submitted to SBBA is subject to our Privacy Policy. Please review our Privacy Policy to understand our practices.
4. Copyright.
All content included in the SBBA membership and Web site, including text, graphics, logos, designs, photographs, images, digital downloads, and data compilations is the property of SBBA or its Authorized Benefit Providers and is protected by United States and international copyright laws. The compilation of all content on this site is the exclusive property of SBBA and protected by U.S. and international copyright laws. Any reproduction or use of this copyrighted material is prohibited without the express written permission from Small Business Benefit Association, Inc.
5. Trademarks.
Small Business Benefit Association, SBBA, and the SBBA logo mark are registered trademarks of Small Business Benefit Association, Inc. SBBA's trademarks and trade dress may not be used in connection with any product or service that is not SBBA's, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits SBBA. All other trademarks not owned by SBBA that appear on the sbba.com Web site and membership materials are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by SBBA.
6. Limitations on Use.
Membership is provided by SBBA. You must be 18 years of age or older to use the SBBA service. Membership is available to persons 18 and older who provide SBBA with valid checking account or credit card information for billing purposes, and who have paid membership dues, as outlined below.
Unless otherwise specified, the SBBA membership, benefits and services, and this web site are for your internal business, personal, and non-commercial use and we grant you a limited license to access the sbba.com Web site and other membership materials for that purpose. You may not download (other than through page caching necessary for use), modify, copy, distribute, transmit, display, perform, reproduce, duplicate, publish, disseminate, license, create derivative works from, or offer for sale any information contained, or obtained from, SBBA without our express written consent.
7. Description of SBBA Services and Usage.
As an SBBA member, you are entitled to usage of all benefits and services as outlined in your membership materials and on this website, and in accordance with our Authorized Benefit Provider's terms and conditions of use. To access SBBA's benefits and services online, you will be required to enter a SBBA membership number and password. To access SBBA benefits offline you should contact SBBA via other ways as described in item number 8 below.
SBBA strives to improve and expand its benefits and services and, as such, they are subject to change, modification, expansion or substitution without notice. Not all benefits will be available in all states. Each benefit provider will have their own terms and conditions and we encourage you to familiarize yourself with those terms and conditions before taking advantage of any benefit. No warranties are expressed or implied. SBBA makes no guarantees on actual savings, discounts, or results. Individual results and experiences may vary.
8. Contacting SBBA.
You may contact SBBA Member Services using any of the following methods. Our business hours are Monday to Friday, 8:00 a.m. to 5:00 p.m., Mountain Time (GMT-7).
888-886-SBBA (7222) Toll-free
801-265-0533 Phone
Any communication stipulated to be made in writing should be sent to:
801-265-8007 Fax
http://www.sbba.com Web site login
memberservices@sbba.com Email
Small Business Benefit Association
Attn: Member Services
1076 East Range Road
Salt Lake City, UT 84117
9. Account Access.
In order to provide you with ease of access to your account, SBBA will place a cookie (a small text file) on any computer from which you access the sbba.com Web site. When you revisit the sbba.com web site, this cookie will enable us to recognize you as the account holder and provide you with direct access to your account. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer.
You may also access your membership benefits, account information, billing information, and other relevant information by contacting our Member Services department as described in number 8 above.
10. Changes to Your Account.
It is important that you contact SBBA using one of the ways described in number 8 above to make any changes to your account. Our web site provides the most convenient and preferred way for you to maintain your account information. Changes may include, but are not limited to: name, business name, address, phone number, e-mail address, mailing address, and billing information. Please allow 10 days for updates to become effective.
11. Use of Information Submitted.
SBBA is free to use any suggestions, feedback, comments, information, ideas, concepts, reviews, or techniques contained in any communication you may send to the SBBA without further compensation, acknowledgement or payment to you for any purpose whatsoever including, but not limited to, developing and marketing benefits and services.
12. Your Conduct on the sbba.com Web Site.
By accessing the sbba.com Web site, you agree not to upload, post, email or otherwise send or transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment associated with the sbba.com Web site. You also agree not to interfere with the servers or networks connected to the sbba.com Web site or to violate any of the procedures, policies or regulations of networks connected to the SBBA, the terms of which are incorporated herein. You also agree not to impersonate any other person while using the SBBA.com Web site, conduct yourself in a vulgar or offensive manner while using our service, or use SBBA for any unlawful purpose.
13. Billing.
An enrollment fee and ongoing membership dues are agreed upon at the time of the sale. Unless otherwise agreed to by SBBA, you agree to pay a one-time enrollment fee of $199.00 and ongoing membership dues of $29.95 to be paid monthly.
As an SBBA member, you agree that we are permitted to charge your credit card or bank account monthly (or annual if specified at the time of sale) for membership dues as explained in your sales agreement. The membership dues will be billed at the beginning of your subscription and on each monthly (or annual) renewal thereafter unless and until you cancel. We will automatically charge your credit card or bank account each month (or year), on the calendar day corresponding to the commencement of your membership. If you want to use a different credit card or bank account or if there is a change in your credit card or bank account validity or credit card expiration date, you may contact SBBA Member Services. If the credit card you have provided to SBBA has expired during the Membership Term, SBBA will revise the expiration date and renew the membership on the same card account originally used.
14. Membership Term and Automatic Renewals.
Your SBBA membership will be automatically renewed on a monthly (or annual)
basis. For your convenience, we will charge the membership dues to the
credit card or bank account you provide to us during activation. Your
membership will automatically renew for successive monthly (or annual)
subscriptions, without prior notice to you, unless and until you cancel
your membership or we terminate it. You must cancel your membership within
3 business days before it renews in order to avoid billing of membership
dues to your credit card or bank account.
15. Free Trials and Incentives.
In some of our reseller sales channels we promote the use of SBBA membership through free trials and incentives. To view the details regarding your free trial membership or the incentives for joining, if any, please refer to the specific information that was provided to you to at the time of the sale.
Free trials or incentives are only available to first time members of SBBA and cannot be combined with any other offer. Only one free trial or incentive may be redeemed per household or business. You must have a valid credit card or bank account to redeem a free trial offer. No charges, however, will be made against the card or bank account unless you do not cancel prior to the end of your free trial period.
Your free trial entitles you, during the term of your free trial period, to the same service provided to our paid members.
We will begin billing your credit card or bank account
for monthly (or annual) SBBA membership dues at the end of your free trial
period unless you cancel prior to the end of your free trial. Visit the
"Your Account" section of the "Members Only" section of the sbba.com Web
site to view the join date of your free trial period. YOU MUST CANCEL
PRIOR TO THE END OF YOUR FREE TRIAL OFFER TO AVOID CHARGES TO YOUR CREDIT
CARD OR BANK ACCOUNT. We will continue to bill your credit card or bank
account on a monthly basis for the SBBA membership dues until you cancel.
Your may cancel your membership at any time by contacting SBBA in writing
as described in number 8 above.
16. Cancellation.
As noted above, you may cancel your membership to SBBA at anytime. To
cancel, please send a written notice to SBBA. You agree to notify SBBA
of your intention to cancel in writing as described in number 8 above.
Please allow 3 business days for the cancellation to become effective.
17. Refunds.
You must be completely satisfied with your membership. If at any time
within your free trial period you decide the member benefits and services
do not live up to your expectations, you may cancel your membership and
you will not be charged the ongoing monthly (or annual) membership dues.
After any free trial membership period we do not provide
refunds or credits for any partial monthly or annual membership periods.
NO REFUNDS WILL BE GIVEN FOR PRIOR MONTHS OR FOR FAILURE TO USE ANY SERVICES
PROVIDED OR AVAILABLE.
18. Third Party Content.
You acknowledge and agree that this Web site and other member materials may contain content provided by other users, content suppliers and other third parties. SBBA makes no representations with respect to, nor does it guarantee, warrant or endorse the quality, non-infringement, accuracy, completeness, timeliness, reliability or correct sequencing of such third party content or any other content that such third party content may access. SBBA expressly disclaims responsibility and liability for all third party provided content contained or accessible through this Web site.
19. Links to Other Sites.
Some of the hyperlinks on the SBBA Web site may lead to third party Web sites that are not controlled by or affiliated with SBBA. These links are provided solely as a convenience to you and not as an endorsement by SBBA of the content on such third party Web sites. SBBA is not responsible for the content of linked third party Web sites and does not make any representations regarding the content or accuracy of any content on such third party Web sites. If you decide to access linked third party Web sites, you do so at your own risk. In addition, other Web sites may link to the SBBA Web site. SBBA has not reviewed these Web sites and is not responsible for the content or privacy policies of these Web sites.
20. Liability.
SBBA shall have no liability in regard to any services provided, or to be provided, directly or by its Authorized Benefit Providers (ABP). You agree that all benefits, services, advice, help, and other information provided to you by SBBA is intended to supplement, and not replace, that provided by appropriate professionals including an attorney, CPA, financial advisor, accountant, government entity, or other appropriate professional. You agree that claims with regard to services shall be made against the ABP of such services and not SBBA. SBBA's sole obligation hereunder shall be to forward to the ABP all information for benefits or services requested, and to forward to you or arrange for forwarding to you all necessary contact information or documents.
21. Disclaimers of Warranties and Limitations on Liability.
SBBA does not warrant or make any representations regarding the use or the results of the use of the membership or the content in this site, or other membership materials, in terms of their correctness, accuracy, reliability, effectiveness, or otherwise. SBBA makes no representations about the suitability of the content contained on this web site, or other membership materials, for any purpose. All such content is provided "as is" without warranty of any kind, either express or implied. To the fullest extent permissible pursuant to applicable law, SBBA hereby disclaims all warranties and conditions with regard to the content, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement.
SBBA is not a merchant, manufacturer, or a direct provider of many of the services available to you. Accordingly, SBBA in such circumstances gives no warranty, express or implied, as to description, quality, merchantability, fitness for any particular purpose, productiveness, or any other matter, for any products or services purchased by you through your membership in SBBA. We assume no liability or responsibility for any errors or omissions in the SBBA membership, any failures, delays, or interruptions in the benefits or services, any losses or damages arising from the use of the SBBA membership. We reserve the right to provide benefits or services at our sole discretion. In addition, we do not represent or warrant that the information accessible via the sbba.com or other membership materials is accurate, complete or current.
Although SBBA will, upon request, endeavor to help a member experiencing a problem or discrepancy with an Authorized Benefit Provider (ABP), in the event any product or service purchased by you is canceled, modified, defective, or otherwise unsatisfactory to the you, you will look solely to the ABP, seller, merchant or manufacturer of the product or service for any repair, exchange, refund or satisfaction of claim. It is further understood that all available services are subject to the availability of such services and any information provided to you is subject to change without notice.
22. Indemnity.
You agree to defend, indemnify, and hold harmless SBBA, its shareholders, officers, directors, employees, agents and Authorized Benefit Providers (jointly or severally), from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from your use of membership, this Web site and the content or your breach of this Agreement, and for any special, incidental, indirect or consequential damages of any kind, or any damages whatsoever whether or not advised of the possibility of damage, and on any theory of liability, arising out of or in connection with the use or performance of this information. If any applicable authority holds any portion of this section to be unenforceable, then liability will be limited to the fullest possible extent permitted by applicable law.
23. Right to Terminate.
We reserve the right to terminate or restrict your use of our membership, without notice, for any or no reason whatsoever.
24. Disputes.
This Agreement, and the respective rights and obligations of the parties hereunder, shall be governed by, and construed in accordance with, the laws of the State of Utah. Any dispute arising between you and SBBA will be submitted to arbitration in the State of Utah in accordance with the rules of the American Arbitration Association then in effect.
25. General Release.
You and any person who uses the benefits and services under your membership hereby forever releases, acquits and discharges SBBA from any and all liabilities, claims, demands, actions and causes of action that you or your legal representatives may have by reason of any monetary damage or personal injury sustained as a result of or during the use of any and all benefits and services available under the membership. The sole recourse available to you, your beneficiary or your legal representative shall be the cancellation of the membership.
If any provision of this Agreement is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect.
26. Notices.
Any and all notices, consents, approvals, requests and other written communications given under this Agreement shall be deemed to have been duly given and served when sent by first-class mail or fax and addressed to you, at the address shown on the your SBBA membership record, or to SBBA at: SBBA, 1076 East Range Road, Salt Lake City, Utah 84117, or via fax to 801-265-8007.
27. Entire Agreement.
The foregoing Agreement contains the entire terms and agreement of the membership and no representations, inducements, promises or agreement, or otherwise, between SBBA and you not included herein, shall be of any force or effect. If any of the foregoing terms or provisions shall be invalid or unenforceable, the remaining terms and provisions hereof shall not be affected thereby. SBBA reserves the right to make changes to this Web site, to other membership materials, and to this Agreement at any time without notice.
28. Binding Effect.
The foregoing Terms of Service and Membership agreement shall be binding upon and inure to the benefit of SBBA and you as well as your respective successors and permitted assigns.
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Initial version effective: September 29, 2003
Republished with modifications or updates effective: August 4, 2005
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