Agreement between User and www.ebthree.com
Welcome to www.ebthree.com. The www.ebthree.com website (the "Site") is comprised of various web pages operated by E B THREE LLC. www.ebthree.com is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the "Terms"). Your use of www.ebthree.com constitutes your agreement to all such Terms. Please read these terms carefully,and keep a copy of them for your reference.
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 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
If you purchase your subscription to E B THREE LLC from a General Agency, TPA, or HR/Payroll service, the paragraph above still applies; i.e. users are responsible for all the data entered into the system and it is the responsibility of the user to verify all the information entered into the system maps correctly into the pdf document they present to their clients. In addition to E B THREE LLC, none of the General Agencies, TPA’s or HR/Payroll services take responsibility/liability for any errors in data mapping from the system to a 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.
The E B THREE LLC system also offers WRAP SPD and POP document population. The templates for these documents have been created by, and updates will be provided by, an ERISA Benefits Law Firm. This was done to make sure the documents we are supplying are compliant with current laws, regulations and stipulations. For MOST clients, these documents ( assuming the fillable data fields are completed fully & accurately ) will be sufficient in maintaining their compliance in regards to WRAP SPD and POP document requirements, but each company is different and to ensure 100% compliance, the company will want to reach out to an ERISA benefits attorney for review.
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..
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 possiblity of a refund. All data will be immediately deleted.
IMPORTANT NOTE: General Agencies and their employees are not eligible to subscribeUNLESS 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 subscribeUNLESS 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 subscribeUNLESS 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 saddlestitch 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.
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.
If you use this site, 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.
Children Under Thirteen
E B THREE LLC does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use www.ebthree.com only with permission of a parent or guardian.
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.
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.
No Unlawful or Prohibited Use/Intellectual Property
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. 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.
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.
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 defense 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 defenses.
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.
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.
E B THREE LLC reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. 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.
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.
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.
E B THREE LLC welcomes your questions or comments regarding the Terms:
E B THREE LLC
7262 Brundage Rd.
Waldo, Ohio 43356
Effective as of July 01, 2020