E B THREE LLC TERMS & CONDITIONS
Agreement to Terms
E B THREE LLC owns and operate this Website. This document governs your relationship with www.ebthree.com (“Website”). Access to and use of this Website and the products and services available through this Website (collectively, the "Services") are subject to the following terms, conditions and notices (the "Terms "). By using the Services, you are agreeing to all of the Terms, as may be updated by us from time to time. Please read these terms carefully, and keep a copy of them for your reference. You should check this page regularly to take notice of any changes we may have made to the Terms.
We will not be liable if for any reason this Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts or all of this Website.
Privacy Policy
Our privacy policy, which sets out how we will use your information, can be found at [Privacy Policy Link]. By using this Website, you consent to the processing described therein and warrant that all data provided by you is accurate.
No Unlawful or Prohibited Use/Intellectual Property
You are granted a non-exclusive, non-transferable, revocable license to access and use www.ebthree.com strictly in accordance with these terms of use. As a condition of your use of the Site, you warrant to E B THREE LLC that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party's use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.
All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of E B THREE LLC or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. E B THREE LLC content is not for resale, unless you are given express written consent. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of E B THREE LLC and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of E B THREE LLC or our licensors except as expressly authorized by these Terms.
Demo Users
These terms apply to and bind Users who will be given a demo of the system ( either via in-person, online or telephonic means ) to determine their interest in using/purchasing it. These terms also integrate an NDA located at https://ebthree.com/non-discloser-agreement that applies to and binds Demo users.
Your Account
If you use this site, you may be asked to create an account. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that E B THREE LLC is not responsible for third party access to your account that results from theft or misappropriation of your account. E B THREE LLC and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.
Service Terms
In order to contract with E B THREE LLC, you must be over 18 years of age and possess a valid credit or debit card issued by a bank acceptable to us. E B THREE LLC retains the right to refuse any request made by you. All prices advertised are subject to changes.
www.ebthree.com is an E-Commerce Site.
E B THREE LLC provides employee benefit agents and agencies a fast, easy and automated method of creating benefit booklets and compliance documents for their entire block of business for an affordable monthly rate. There are 3 subscription levels: Agent, Agency and Enterprise.
The purpose of the E B THREE LLC system is to take the information loaded into the system by the user and map/export it to a printable and downloadable pdf document. The user is responsible for all the data they enter in the system and it is the responsibility of the user to verify that all the information entered into the system maps correctly into the pdf document they present to their clients. E B THREE LLC does not take responsibility/liability for any errors in data mapping from the system to the pdf. If a user finds an error in the system or if the data does not map correctly from the system to the pdf document, the user should notify E B THREE LLC immediately. It is the responsibility of E B THREE LLC to fix this error as soon as possible during normal business hours.
Furthermore, E B THREE, LLC downloads annual legal notices from government websites and has had an ERISA Benefit Attorney firm create WRAP SPD’s and POP documents for the system. The system takes the data entered by the user and populates these documents in the same way it does for its benefit booklets. It’s the user's responsibility to inform their client that they would need to consult an ERISA attorney or HR firm to verify the completed documents are in compliance with the DOL and IRS. E B THREE, LLC does not take responsibility/liability for the compliance of any of the user’s clients in association with the above-mentioned documents.
An "Agent" level subscription allows for 1 user and up to 75 clients loaded and saved in the system per year. This is priced at $199 per month, billed monthly. This is a month to month contract – you may cancel at any time. Since you’ve pre-paid for your subscription, If you cancel your subscription, you will have access to your portal through the end of the month. At that time, your subscription and all clients/booklets/data will be permanently deleted from the system. PLEASE NOTE: If you choose to purchase a subscription again, you will not have access to any old data as it will no longer exist and you’ll have to manually create your clients/booklets again in the system.
An "Agency" level subscription allows for unlimited users that are employed by that agency and up to 500 clients loaded and saved in the system per year. This is priced at $499 per month, billed monthly. This is a month to month contract – you may cancel at any time. Since you’ve pre-paid for your subscription, If you cancel your subscription, you will have access to your portal through the end of the month. At that time, your subscription and all clients/booklets/data will be permanently deleted from the system. PLEASE NOTE: If you choose to purchase a subscription again, you will not have access to any old data as it will no longer exist and you’ll have to manually create your clients/booklets again in the system. Agencies
are not
permitted to sell or redistribute their unlimited login credentials to other agencies. This act will warrant immediate cancellation of the subscription with no possibility of a refund. All data will be immediately deleted.An "Enterprise" level subscription is intended for very large National Agencies and allows for unlimited users that are employed by that agency and up to 1,000 clients loaded and saved in the system per year. This is priced at $999 per. This is a month to month contract – you may cancel at any time. Since you’ve pre-paid for your subscription, If you cancel your subscription, you will have access to your portal through the end of the month. At that time, your subscription and all clients/booklets/data will be permanently deleted from the system. PLEASE NOTE: If you choose to purchase a subscription again, you will not have access to any old data as it will no longer exist and you’ll have to manually create your clients/booklets again in the system. Enterprise users
are not
permitted to sell or redistribute their unlimited login credentials to other agencies. This act will warrant immediate cancellation of the subscription with no possibility of a refund. All data will be immediately deleted.IMPORTANT NOTE:
General Agencies and their employees are not eligible to subscribe
UNLESS
they contact E B THREE LLC to set up an agreement.IMPORTANT NOTE:
Third Party Administrators ( TPA's ) and their employees are not eligible to subscribe
UNLESS
they contact E B THREE LLC to set up an agreement.IMPORTANT NOTE:
HR and/or PAYROLL service companies and their employees are not eligible to subscribe
UNLESS
they contact E B THREE LLC to set up an agreement.Printing and Shipping services are offered for a flat rate per booklet. These services are available to all agents, agencies, General Agencies, TPA's, HR service companies and independent places of business that would like to utilize printing and shipping for their benefit booklets. Booklets will be printed on a nice 80 lb. glossy thick paper and will be bound by staple saddle stitch along the left edge of the booklet. E B THREE LLC requests that each booklet be uploaded in multiples of 4 pages for optimal printing quality and results.
EB3 also provides potential subscribers a free, no cost demo site where they can try the entire system out before they purchase a subscription. Users of this demo site must agree to these terms and conditions before they may enter the site. By doing so, they agree to use the demo site as it was intended: to test the system before they would purchase it for their agency. Users of the demo site MAY NOT:
- Download the completed reports ( they have the word “Sample” in their background ) and use them as paid subscribers would use them: To present to their clients as a finished product. If users of the demo site are caught obtaining these sample documents and using them for commercial purposes, with or without altering the document, E B THREE LLC will consider this as theft and E B THREE LLC will require payment of an annual Enterprise subscription from the user. If they do not agree to this, E B THREE LLC will prosecute accordingly.
-
Investigate the features of the system to create or enhance their own
system that has similar features. Once a demo site user logs into the E
B THREE LLC demo site and agrees to these terms and conditions, they
are bound by the “
No Unlawful or Prohibited Use/Intellectual Property
“ provisions below and may not replicate any of the features of the E B THREE LLC system. This act will be considered theft of intellectual property and E B THREE LLC will prosecute accordingly,
Cancellation/Refund Policy
All subscriptions are on a month to month basis – you may cancel at any time. Refunds will be given if the site does not work properly and subscribers wish to terminate their subscription.
Liability Disclaimer
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. E B THREE LLC AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.
E B THREE LLC AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. E B THREE LLC AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL E B THREE LLC AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF E B THREE LLC OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.
Links to Third Party Sites/Third Party Services
www.ebthree.com may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of E B THREE LLC and E B THREE LLC is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. E B THREE LLC is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by E B THREE LLC of the site or any association with its operators.
Certain services made available via www.ebthree.com are delivered by third party sites and organizations. By using any product, service or functionality originating from the www.ebthree.com domain, you hereby acknowledge and consent that E B THREE LLC may share such information and data with any third party with whom E B THREE LLC has a contractual relationship to provide the requested product, service or functionality on behalf of www.ebthree.com users and customers.
Disclaimer as to ownership of trade marks, images of personalities and third party copyright
Except where expressly stated to the contrary all persons (including their names and images), third party trademarks and content, services and/or locations featured on this Website are in no way associated, linked or affiliated with E B THREE LLC and you should not rely on the existence of such a connection or affiliation. Any trademarks/names featured on this Website are owned by the respective trade mark owners. Where a trade mark or brand name is referred to it is used solely to describe or identify the products and services and is in no way an assertion that such products or services are endorsed by or connected to E B THREE LLC.
International Users
The Service is controlled, operated and administered by E B THREE LLC from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the E B THREE LLC Content accessed through www.ebthree.com in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
Indemnification
You agree to indemnify, defend and hold harmless E B THREE LLC, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney's fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. E B THREE LLC reserves the right, at its own cost, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with E B THREE LLC in asserting any available defences.
Changes to Terms
E B THREE LLC reserves the right, in its sole discretion, to change the Terms under which www.ebthree.com is offered. The most current version of the Terms will supersede all previous versions. E B THREE LLC encourages you to periodically review the Terms to stay informed of our updates.
Invalidity
If any part of the Terms is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of the Terms will not be affected all other clauses remaining in full force and effect. So far as possible where any clause/sub-clause or part of a clause/sub-clause can be severed to render the remaining part valid, the clause shall be interpreted accordingly. Alternatively, you agree that the clause shall be rectified and interpreted in such a way that closely resembles the original meaning of the clause /sub-clause as is permitted by law.
Arbitration
In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The arbitrator's award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable attorney's fees. The parties agree to arbitrate all disputes and claims in regards to these Terms and Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or indirectly, including Tort claims that are a result of these Terms and Conditions. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms and Conditions.
Class Action Waiver
Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH'S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and E B THREE LLC agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding.
Waiver
If you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions.
Termination/Access Restriction
E B THREE LLC reserves the right, in its sole discretion, to restrict or terminate your access to the Site and the related services or any portion thereof at any time, without notice.
Governing Law/Jurisdiction
To the maximum extent permitted by law, this agreement is governed by the laws of the State of Ohio and you hereby consent to the exclusive jurisdiction and venue of courts in Ohio in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
Electronic Communications
Visiting www.ebthree.com or sending emails to E B THREE LLC constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.
Miscellaneous
You agree that no joint venture, partnership, employment, or agency relationship exists between you and E B THREE LLC as a result of this agreement or use of the Site. E B THREE LLC's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of E B THREE LLC's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by E B THREE LLC with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and E B THREE LLC with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and E B THREE LLC with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.
CONTACT US
Contact Us
E B THREE LLC welcomes your questions or comments regarding the Terms:
E B THREE LLC
161 Wilbur Dr. NE
North Canton, OH 44720
Email Address:
Telephone number:
614-681-1999
Effective as of July 1st, 2020
Last revision – 11/29/2022