TERMS & CONDITIONS OF USE

PLEASE READ THESE TERMS & CONDITIONS CAREFULLY.

Boon-Chapman Benefit Administrators, Inc. (hereinafter collectively referred to as "Boon-Chapman," "us," "we," "our," or "Company") has created the following Terms & Conditions of Use ("Terms & Conditions") to apply to all users of this website, (www.boonchapman.com) including our mobile site, and all digital assets contained, or offered therein (collectively, our "Services").

These Terms & Conditions are written in the English language.  We do not guarantee the accuracy of any translated versions of these Terms & Conditions.  To the extent any translated versions of these Terms & Conditions conflict with the English language version, the English language version of these Terms & Conditions shall control.

I. GENERAL CONDITIONS

Please carefully read these Terms & Conditions before using our Services.  By using our Services, you agree to be bound by the Terms & Conditions, including the Binding Arbitration Clause and Class Action Waiver described in Section IX, and the Privacy Policy.  If you do not agree to the Terms & Conditions, then you must not use our Services.  If you violate the Terms & Conditions, we reserve the right to deny you access to our Services, together with any and all other legal remedies.

The headings used herein are included for convenience only and will not limit or otherwise affect these Terms & Conditions.

II. NON-EXCLUSIVE, NON-TRANSFERABLE RIGHT TO USE OUR SERVICES

We grant you a limited, revocable, non-exclusive, non-transferable right to review, interact with, and in some instances print content from our Services for your personal and educational purposes as long as they do not violate any aspect of these Terms & Conditions or applicable law, including our intellectual property and other proprietary rights in and to the Services or the intellectual property rights of another party.  We reserve the right to terminate or limit your access to our Services and/or the licenses granted herein for any reason (or no reason) and in our sole discretion.

We reserve the right to, at any time, temporarily or permanently, modify or discontinue any features associated with the Services with or without notice and for any reason, including performing maintenance, repairs, or upgrades. We (and our licensors) remain the sole owner of all rights, title, and interest in the Services. We will not be liable if for any reason all or any part of the Services are unavailable at any time or for any period.

III. INTELLECTUAL PROPERTY

Except as set forth herein, all content, features, and functionality available through our Services, including but not limited to design, artwork, hyperlinks, text, videos, calendars, software, images, technical drawings, blog posts, podcasts, audio, images, art, code, configurations, graphics, other files, and their selection and arrangement ("Materials") are the proprietary property of Boon-Chapman and are protected by United States and international intellectual property and proprietary rights laws. We reserve any and all rights to the Materials.

The Materials may not be modified, copied, distributed, framed, reproduced, republished, downloaded, displayed, posted, transmitted, or sold in any form or by any means in whole or in part without our prior written permission except you may download and print Materials for non-commercial uses that are not competitive with or derogatory to us, provided that you keep all copyright or other proprietary notices intact, do not alter such Materials, and do not further reproduce, publish, or distribute such Materials.

All registered and unregistered trademarks visible or accessible through our Services are trademarks of Boon-Chapman, or licensors and may not be copied, imitated, or used in whole or in part without the prior written permission of Boon-Chapman, or its owners. All page headers, customer graphics, button icons, and scripts are service marks, trademarks, and/or trade dress of ours or our affiliates and may not be copied, imitated, or used in whole or in part without prior written permission of us.

IV. PROHIBITED USES

In addition to other prohibitions as set forth in the Terms & Conditions, you are prohibited from using the Services or its related content:

  • For any unlawful or fraudulent purpose;
  • To solicit others to perform or participate in any unlawful or prohibited acts;
  • To violate any international, federal, provincial or state regulations, rules, laws, or local ordinances;
  • To infringe upon or violate our intellectual property rights or the intellectual property rights of others;
  • To harass, abuse, insult, harm, defame, slander, annoy, disparage, intimidate, or discriminate;
  • To submit false or misleading information or otherwise attempt to mislead or impersonate another;
  • To collect or track the personal information of others;
  • To spam, phish, pharm, pretext, spider, crawl, or scrape;
  • For any obscene or immoral purpose;
  • To interfere with or circumvent the security features of the website;

We reserve the right to terminate your use of the Services or any related website for violating any of the prohibited uses.

V. CHILDREN'S INFORMATION

We do not target our Services to minors, who are under sixteen (16) (or a higher age threshold where applicable). You agree that you are not under sixteen (16) years of age. We do not intend to collect or process any Information from anyone under the age of sixteen (16). If we become aware that a user is under sixteen (16) (or a higher age threshold where applicable) and has provided us with Information, we will take steps to comply with any applicable legal requirement to remove such Information. Contact us if you believe that we have mistakenly or unintentionally collected Information from a person under the age of sixteen (16).

VI. ACCURACY, COMPLETENESS & TIMELINESS OF INFORMATION

A. Errors, Inaccuracies, & Omissions

Our Services may contain typographical errors, inaccuracies, or omissions that may relate to Company offerings, promotions, packages, programs, events, and materials. We do not warrant the accuracy, completeness, or usefulness of this information. We disclaim all liability and responsibility placed on such information by you, or by anyone who may be informed of any of its contents.

We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information if any information about the Services or on any related website is inaccurate at any time without prior notice.

You may not create a link to any page of our Services without our prior written consent. If you do create a link to a page of our Services, you do so at your own risk and the exclusions and limitations set out above will apply to your use of our Services by linking to it.

Our Services might include links to other websites, mobile applications, or social media platforms. We are not responsible for examining or evaluating the content or accuracy of any other website and do not warrant and will not have any liability or responsibility for any other party's materials or websites or for any other materials, products, or services of other websites.

VII. WARRANTY DISCLAIMER

Our Services, and the information on or available through our Services, is provided on an "as is" basis without any representation, warranties, or conditions of any kind, either express or implied, including all implied warranties or condition of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement. We do not guarantee, represent, or warrant that your use of our Services, will be uninterrupted, timely, secure, or error-free.

VIII. GOVERNING LAW

The Terms & Conditions and any separate agreements whereby we provide you Services shall be governed and construed in accordance with the laws of Texas without reference to any conflict of law rules.

You agree that you will not use the Services in any country or in any manner prohibited by any applicable laws, restrictions, or regulations.

IX. ARBITRATION CLAUSE AND CLASS ACTION WAIVER – IMPORTANT – PLEASE REVIEW AS THIS AFFECTS YOUR LEGAL RIGHTS

A. Arbitration Notice

At the sole discretion of Boon-Chapman, we may require you to submit any dispute or claim arising from or related to our Services (except for the Exempt Claims, as defined below), these Terms & Conditions, and/or the Privacy Policy to confidential binding arbitration in Texas, rather than in court, after first giving notice of the dispute to the other party and the opportunity to engage in informal dispute resolution whereby you and we will meet and confer in good faith to resolve the dispute.

B. Claims and Disputes Must be Filed Within One (1) Year

To the extent permitted by law, and without limiting the effect of any disclaimer contained herein, any cause of action or claim you may have with respect to your use of the Services, including, without limitation, any website or mobile application or other Services-related product, services, or other content must be commenced within one (1) year after the claim or cause of action arises. This section applies to you and your heirs, successors, and assigns.

X. SEVERABILITY

To the extent that any provision of these Terms & Conditions is deemed to be unlawful, void, or unenforceable, including the binding arbitration clause and class action waiver, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms & Conditions. Such determination shall not affect the validity and enforceability of any other remaining provisions.

XI. TERMINATION

These Terms & Conditions are effective until terminated. We may terminate this agreement at any time without notice to you and may deny you access to our Services.

XII. INDEMNIFICATION

To the fullest extent permitted by law, and except to the extent arising from our gross negligence or intentional misconduct, you agree to indemnify, defend, and hold harmless us, and our employees, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees, from any claim or demand, including reasonable attorneys' fees made by any third party due to or arising out of your breach of these Terms & Conditions or the documents they incorporate by reference, or your violation of any law or rights of a third party.

XIII. NO THIRD-PARTY BENEFICIARIES

There are no third-party beneficiaries to the Terms & Conditions. We shall have the right to assign our rights or delegate any of its responsibilities under these Terms & Conditions to an affiliate or in connection with a merger, consolidation, or reorganization for the sale of substantially all our assets.

XIV. CHANGES TO THESE TERMS & CONDITIONS

We reserve the right to change, modify, or amend these Terms & Conditions at any time to reflect changes in our practices and service offerings. If we modify our Terms & Conditions, such changes will be effective upon posting. It is your obligation to check our current Terms & Conditions for any changes. These Terms & Conditions may only be modified in writing. Any ambiguities in the interpretation will not be construed against the drafter.

XV. HOW TO CONTACT US

If you have any questions about these Terms & Conditions, please contact us at the following:

Last Updated: ____________, 2024